Common Good Law

Author : Adrian Vermeule
Publisher : John Wiley & Sons
Page : 171 pages
File Size : 53,8 Mb
Release : 2022-02-08
Category : Political Science
ISBN : 9781509548880

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Common Good Constitutionalism by Adrian Vermeule Pdf

The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.

Author : Federico Lenzerini,Ana Filipa Vrdoljak
Publisher : Bloomsbury Publishing
Page : 470 pages
File Size : 47,8 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782254706

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International Law for Common Goods by Federico Lenzerini,Ana Filipa Vrdoljak Pdf

International law has long been dominated by the State. But it has become apparent that this bias is unrealistic and untenable in the contemporary world as the rise of the notion of common goods challenges this dominance. These common goods – typically values (like human rights, rule of law, etc) or common domains (the environment, cultural heritage, space, etc) – speak to an emergent international community beyond the society of States and the attendant rights and obligations of non-State actors. This book details how three key areas of international law – human rights, culture and the environment – are pushing the boundaries in this field. Each category is of current and ongoing significance in legal and public discourse, as illustrated by the Syrian conflict (human rights and international humanitarian law), the destruction of mausoleums and manuscripts in Mali (cultural heritage), and the Deepwater Horizon oil spill (the environment). Each exemplifies the need to move beyond a State-focused idea of international law. This timely volume explores how the idea of common goods, in which rights and obligations extend to individuals, groups and the international community, offers one such avenue and reflects on its transformative impact on international law.

Author : Mark C. Murphy
Publisher : Cambridge University Press
Page : 205 pages
File Size : 45,6 Mb
Release : 2006-03-13
Category : Philosophy
ISBN : 9781107320925

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Natural Law in Jurisprudence and Politics by Mark C. Murphy Pdf

Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. In this 2006 book, Mark C. Murphy argues that the central thesis of natural law jurisprudence - that law is backed by decisive reasons for compliance - sets the agenda for natural law political philosophy, demonstrating how law gains its binding force by way of the common good of the political community. Murphy's work ranges over the central questions of natural law jurisprudence and political philosophy, including the formulation and defense of the natural law jurisprudential thesis, the nature of the common good, the connection between the promotion of the common good and requirement of obedience to law, and the justification of punishment.

Author : Matthew W. Finkin,Robert C. Post
Publisher : Yale University Press
Page : 272 pages
File Size : 50,5 Mb
Release : 2009-04-21
Category : Education
ISBN : 9780300155549

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For the Common Good by Matthew W. Finkin,Robert C. Post Pdf

This book offers a concise explanation of the history and meaning of American academic freedom, and it attempts to intervene in contemporary debates by clarifying the fundamental functions and purposes of academic freedom in America.--From publisher description.

Author : David Hollenbach
Publisher : Cambridge University Press
Page : 292 pages
File Size : 43,8 Mb
Release : 2002-08
Category : Religion
ISBN : 0521894514

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The Common Good and Christian Ethics by David Hollenbach Pdf

The Common Good and Christian Ethics rethinks the ancient tradition of the common good in a way that addresses contemporary social divisions, both urban and global. David Hollenbach draws on social analysis, moral philosophy, and theological ethics to chart new directions in both urban life and global society. He argues that the division between the middle class and the poor in major cities and the challenges of globalisation require a new commitment to the common good and that both believers and secular people must move towards new forms of solidarity.

Author : Bernard James Diggs
Publisher : Scott Foresman
Page : 256 pages
File Size : 52,5 Mb
Release : 1974
Category : Law
ISBN : UOM:49015000219924

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The State, Justice, and the Common Good by Bernard James Diggs Pdf

Author : Alex John London
Publisher : Oxford University Press
Page : 481 pages
File Size : 45,7 Mb
Release : 2021
Category : Medical
ISBN : 9780197534830

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For the Common Good by Alex John London Pdf

Alex John London defends a conception of the common good that grounds a moral imperative with two requirements. The first is to promote research that enables key social institutions to effectively, efficiently and equitably safeguard the basic interests of individuals. The second is to ensure that research is organized as a voluntary scheme of social cooperation that respects its various contributors' moral claim to be treated as free and equal. Connecting research to the goals of a just social order grounds a framework for assessing and managing research risk that reconciles these requirements and justifies key oversight practices in non-paternalistic terms. The result is a new understanding of research ethics that resolves coordination problems that threaten these goals and provides credible assurance that the requirements of this imperative are being met.--

Author : Robert B. Reich
Publisher : Vintage
Page : 210 pages
File Size : 47,7 Mb
Release : 2019-01-15
Category : Philosophy
ISBN : 9780525436379

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The Common Good by Robert B. Reich Pdf

Robert B. Reich makes a powerful case for the expansion of America’s moral imagination. Rooting his argument in common sense and everyday reality, he demonstrates that a common good constitutes the very essence of any society or nation. Societies, he says, undergo virtuous cycles that reinforce the common good as well as vicious cycles that undermine it, one of which America has been experiencing for the past five decades. This process can and must be reversed. But first we need to weigh the moral obligations of citizenship and carefully consider how we relate to honor, shame, patriotism, truth, and the meaning of leadership. Powerful, urgent, and utterly vital, this is a heartfelt missive from one of our foremost political thinkers.

Author : Jeanne Grant
Publisher : BRILL
Page : 165 pages
File Size : 49,9 Mb
Release : 2014-10-23
Category : History
ISBN : 9789004283268

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For the Common Good by Jeanne Grant Pdf

In For the Common Good: The Bohemian Land Law and the Beginning of the Hussite Revolution Jeanne E. Grant presents an interpretation of the mentality of leading nobles within the Czech kingdom to understand their political actions in the Hussite Revolution. The nobles’ viewpoint derived from a confluence of legal, political, and religious ideas. Analyzing these ideas in the law book written by Ondřej z Dubé, manifestos, and political documents, Jeanne E. Grant shows that both Hussite and Catholic representatives of the kingdom who participated in the revolution adhered to consistent and widespread conceptions of their relationship to the kingdom, crown, and king that compelled them to defend the common good as they understood it.

Author : George Duke,Robert P. George
Publisher : Cambridge University Press
Page : 469 pages
File Size : 55,9 Mb
Release : 2017-06-16
Category : Law
ISBN : 9781107120518

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The Cambridge Companion to Natural Law Jurisprudence by George Duke,Robert P. George Pdf

This volume brings together leading experts on natural law theory to provide perspectives on the nature and foundations of law.

Author : Roger Brownsword,Eloise Scotford,Karen Yeung
Publisher : Oxford University Press
Page : 1216 pages
File Size : 55,9 Mb
Release : 2017-07-24
Category : Law
ISBN : 9780191502231

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The Oxford Handbook of Law, Regulation and Technology by Roger Brownsword,Eloise Scotford,Karen Yeung Pdf

The variety, pace, and power of technological innovations that have emerged in the 21st Century have been breathtaking. These technological developments, which include advances in networked information and communications, biotechnology, neurotechnology, nanotechnology, robotics, and environmental engineering technology, have raised a number of vital and complex questions. Although these technologies have the potential to generate positive transformation and help address 'grand societal challenges', the novelty associated with technological innovation has also been accompanied by anxieties about their risks and destabilizing effects. Is there a potential harm to human health or the environment? What are the ethical implications? Do this innovations erode of antagonize values such as human dignity, privacy, democracy, or other norms underpinning existing bodies of law and regulation? These technological developments have therefore spawned a nascent but growing body of 'law and technology' scholarship, broadly concerned with exploring the legal, social and ethical dimensions of technological innovation. This handbook collates the many and varied strands of this scholarship, focusing broadly across a range of new and emerging technology and a vast array of social and policy sectors, through which leading scholars in the field interrogate the interfaces between law, emerging technology, and regulation. Structured in five parts, the handbook (I) establishes the collection of essays within existing scholarship concerned with law and technology as well as regulatory governance; (II) explores the relationship between technology development by focusing on core concepts and values which technological developments implicate; (III) studies the challenges for law in responding to the emergence of new technologies, examining how legal norms, doctrine and institutions have been shaped, challenged and destabilized by technology, and even how technologies have been shaped by legal regimes; (IV) provides a critical exploration of the implications of technological innovation, examining the ways in which technological innovation has generated challenges for regulators in the governance of technological development, and the implications of employing new technologies as an instrument of regulatory governance; (V) explores various interfaces between law, regulatory governance, and new technologies across a range of key social domains.

Author : Roberto Luppi
Publisher : Taylor & Francis
Page : 263 pages
File Size : 45,9 Mb
Release : 2021-12-29
Category : Philosophy
ISBN : 9781000529531

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John Rawls and the Common Good by Roberto Luppi Pdf

The chapters in this book analyze the relationship between core concepts of the common good and the work of American political philosopher John Rawls. One of the main criticisms that has been made of Rawls is his supposed neglect of central aspects of collective life. The contributors to this book explore the possibility of a substantive and community-oriented interpretation of Rawls’s thought. The chapters investigate Rawls’s views on values such as community, faith, fraternity, friendship, gender equality, love, political liberty, reciprocity, respect, sense of justice, and virtue. They demonstrate that Rawls finds a balance between certain individualistic aspects of his theory of justice and the value of community. In doing so, the book offers insightful new readings of Rawls. John Rawls and the Common Good will be of interest to scholars and advanced students working in political, moral, and legal philosophy.

Author : Marcus G. Raskin
Publisher : Routledge
Page : 360 pages
File Size : 43,6 Mb
Release : 2019-11-19
Category : Philosophy
ISBN : 9781000704822

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The Common Good by Marcus G. Raskin Pdf

First published in 1986. In this thought-provoking book the widely acclaimed thinker and activist, Marcus Raskin, moves beyond the limits and failures of socialism and capitalism to an original theory of social reconstruction for a humane society. Presenting concrete alternatives for education, health, economics and national security he develops a new conception of democracy and the rule of law in relation to our common good. A political and philosophic tool designed for those who search for alternatives in their lives and in the world, The Common Good shows how to organize for social reconstruction, the type of leadership now required, and the importance of restoring progress as a political purpose. Defining politics as broader than the mere manifestation of power, Raskin’s vision helps the left and liberals find their way towards a new public philosophy and program.

Author : Daniel Markovits
Publisher : Penguin
Page : 450 pages
File Size : 43,5 Mb
Release : 2019-09-10
Category : Social Science
ISBN : 9780735222007

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The Meritocracy Trap by Daniel Markovits Pdf

A revolutionary new argument from eminent Yale Law professor Daniel Markovits attacking the false promise of meritocracy It is an axiom of American life that advantage should be earned through ability and effort. Even as the country divides itself at every turn, the meritocratic ideal – that social and economic rewards should follow achievement rather than breeding – reigns supreme. Both Democrats and Republicans insistently repeat meritocratic notions. Meritocracy cuts to the heart of who we are. It sustains the American dream. But what if, both up and down the social ladder, meritocracy is a sham? Today, meritocracy has become exactly what it was conceived to resist: a mechanism for the concentration and dynastic transmission of wealth and privilege across generations. Upward mobility has become a fantasy, and the embattled middle classes are now more likely to sink into the working poor than to rise into the professional elite. At the same time, meritocracy now ensnares even those who manage to claw their way to the top, requiring rich adults to work with crushing intensity, exploiting their expensive educations in order to extract a return. All this is not the result of deviations or retreats from meritocracy but rather stems directly from meritocracy’s successes. This is the radical argument that Daniel Markovits prosecutes with rare force. Markovits is well placed to expose the sham of meritocracy. Having spent his life at elite universities, he knows from the inside the corrosive system we are trapped within. Markovits also knows that, if we understand that meritocratic inequality produces near-universal harm, we can cure it. When The Meritocracy Trap reveals the inner workings of the meritocratic machine, it also illuminates the first steps outward, towards a new world that might once again afford dignity and prosperity to the American people.

Author : John Finnis
Publisher : OUP Oxford
Page : 448 pages
File Size : 52,9 Mb
Release : 2011-04-07
Category : Law
ISBN : 9780191021534

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Human Rights and Common Good by John Finnis Pdf

This central volume in the Collected Essays brings together John Finnis's wide-ranging contribution to central issues in political philosophy. The volume begins by examining the general theory of political community and social justice. It includes the powerful and well-known Maccabaean Lecture on Bills of Rights — a searching critique of Ronald Dworkin's moral-political arguments and conclusions, of the European Court of Human Rights' approach to fundamental rights, and of judicial review as a constitutional institution. It is followed by an equally searching analysis of Kant's thought on the intersection of law, right, and ethics. Other papers in the book's opening section include an early assessment of Rawls's A Theory of Justice, a radical re-interpretation of Aquinas on limited government and the significance of the private/public distinction, and a challenging paper on virtue and the constitution. The volume then focuses on central problems in modern political communities, including the achievement of justice in work and distribution; the practice of punishment; war and justice; the public control of euthanasia and abortion; and the nature of marriage and the common good. There are careful and vigorous critiques of Nietzsche on morality, Hart on punishment, Dworkin on the enforcement of morality and on euthanasia, Rawls on justice and law, Thomson on the woman's right to choose, Habermas on abortion, Nussbaum and Koppelman on same-sex relations, and Dummett and Weithman on open borders. The volume's previously unpublished papers include a foundational consideration of labour unions, a fresh statement of a new grounding for the morality of sex, a surprising reading of C.S. Lewis's Abolition of Man on contraception, and an introduction reviewing some of the remarkable changes in private and public morality over the past half-century.