Contemporary Perspectives On Legal Obligation

Author : Stefano Bertea
Publisher : Routledge
Page : 280 pages
File Size : 48,5 Mb
Release : 2020-07-27
Category : Law
ISBN : 9781000094213

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Contemporary Perspectives on Legal Obligation by Stefano Bertea Pdf

Bringing together world-class scholars who have devoted themselves to the study of legal obligation, this book addresses key dimensions of the current debate: providing novel insights and perspectives, as well as critically discussing the leading theories of legal obligation. The notion of legal obligation is widely regarded as fundamental by both legal practitioners and legal theorists. For the language that explicitly refers to obligation is pervasive insofar as paradigmatic legal materials make reference to obligation either directly, by specifying what a subject is obligated to do, or indirectly, by attributing rights, privileges, powers, permissions, and other normative statuses to both single individuals and groups. There is, then, broad agreement that obligation constitutes a central element in legal studies. At the same time, however, there is considerable disagreement among contemporary legal theorists about how legal obligation can or should be elucidated. This book accounts for both the significance of obligation in law and the variety of views of legal obligation championed in legal philosophy today. With contributions from renowned theorists, this book will be invaluable for scholars and students of legal theory, legal philosophy, and jurisprudence.

Author : Daniel Matthews,Scott Veitch
Publisher : Routledge
Page : 272 pages
File Size : 53,8 Mb
Release : 2018-06-27
Category : Law
ISBN : 9781351403696

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Law, Obligation, Community by Daniel Matthews,Scott Veitch Pdf

Against an ever-expanding and diversifying ‘rights talk’, this book re-opens the question of obligation from not only legal but also ethical, sociological and political perspectives. Its premise is that obligation has a primacy ahead of rights, because rights attach to practices and modes of being that are already saturated with obligations. Obligations thus lie at the core not just of law but of community. Yet the distinctive meanings, range and situations of obligation have tended to remain under-theorised in legal scholarship. In response, this book examines the sense in which we are multiply ‘bound beings’, to law and legal institutions, as much as we are to place, community, memory and the various social institutions that give shape to collective life. Sharing this set of concerns, each of the international group of scholars contributing to this volume traces the specificity of the binding force of obligations, their techniques and modes of expression, as well as their centrally important role in giving form to lawful relations. Together they provide an innovative and challenging contribution to legal scholarship: one that will also be of relevance to those working in politics, philosophy and social theory.

Author : Scott Veitch
Publisher : Routledge
Page : 167 pages
File Size : 40,5 Mb
Release : 2021-02-23
Category : Law
ISBN : 9781000344851

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Obligations by Scott Veitch Pdf

Obligations: New Trajectories in Law provides a critical analysis of the role of obligations in contemporary legal and social practices. As rights have become the preeminent feature of modern political and legal discourse, the work of obligations has been overshadowed. Questioning and correcting this dominant image of our time, this book brings obligations back into view in a way that fits better with the realities of contemporary social life. Following a historical account of the changing place and priorities of obligations in modernity, the book analyses how obligations and practices of obedience are core to understanding how law sustains conditions of inequality. But it also explores the enduring role obligations play in furthering individual and collective well-being, highlighting their significance in practices that prioritize human and environmental needs, common goods, and solidarity. In doing so, it also offers an alternative and cogent assessment of the force, and the potential, of obligations in contemporary societies. This original jurisprudential contribution will appeal to an academic and student readership in law, politics, and the social sciences.

Author : Xue Hanqin
Publisher : Martinus Nijhoff Publishers
Page : 289 pages
File Size : 40,9 Mb
Release : 2012-12-03
Category : Law
ISBN : 9789004236134

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Chinese Contemporary Perspectives on International Law by Xue Hanqin Pdf

Built on the theme “history, culture and international law”, this special course gives a comprehensive review of China’s contemporary perspective and practice of international law in the past 60 years, with its focus on the recent 30 years when China is gradually integrated into international legal system through its opening up and economic reform process.

Author : Ana Marta González
Publisher : Routledge
Page : 335 pages
File Size : 43,5 Mb
Release : 2016-05-13
Category : Philosophy
ISBN : 9781317160601

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Contemporary Perspectives on Natural Law by Ana Marta González Pdf

Resorting to natural law is one way of conveying the philosophical conviction that moral norms are not merely conventional rules. Accordingly, the notion of natural law has a clear metaphysical dimension, since it involves the recognition that human beings do not conceive themselves as sheer products of society and history. And yet, if natural law is to be considered the fundamental law of practical reason, it must show also some intrinsic relationship to history and positive law. The essays in this book examine this tension between the metaphysical and the practical and how the philosophical elaboration of natural law presents this notion as a "limiting-concept", between metaphysics and ethics, between the mutable and the immutable; between is and ought, and, in connection with the latter, even the tension between politics and eschatology as a double horizon of ethics. This book, contributed to by scholars from Europe and America, is a major contribution to the renewed interest in natural law. It provides the reader with a comprehensive overview of natural law, both from a historical and a systematic point of view. It ranges from the mediaeval synthesis of Aquinas through the early modern elaborations of natural law, up to current discussions on the very possibility and practical relevance of natural law theory for the contemporary mind.

Author : Joseph Carman Smith
Publisher : Unknown
Page : 256 pages
File Size : 49,8 Mb
Release : 1976-01-01
Category : Judicial process
ISBN : OCLC:184858883

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Legal Obligation by Joseph Carman Smith Pdf

Author : Stefano Bertea
Publisher : Cambridge University Press
Page : 378 pages
File Size : 54,7 Mb
Release : 2021-05-20
Category : Law
ISBN : 1108465870

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A Theory of Legal Obligation by Stefano Bertea Pdf

The focus of this monograph lies in the construction of a theory of legal obligation, understanding it as a discrete notion with its own defining traits. In this work, Bertea specifically addresses the question: how should legal obligation be distinctively conceptualized? The conceptualization of legal obligation he defends in this work gradually emerges from a critical assessment of the theories of legal obligation that have been most influential in the contemporary legal-theoretical debate. Building on such critical analysis, Bertea's study purports to offer a novel and unconventional conceptualization of legal obligation, which is characterized as a law-engendered intersubjective reason for carrying out certain courses of conduct.

Author : Adriana Di Stefano
Publisher : editpress
Page : 205 pages
File Size : 53,8 Mb
Release : 2010-10
Category : Social Science
ISBN : 9788889726501

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Gender Issues and International Legal Standards. Contemporary Perspectives by Adriana Di Stefano Pdf

Author : Deryck Beyleveld,Stefano Bertea
Publisher : Springer
Page : 0 pages
File Size : 49,6 Mb
Release : 2024-04-28
Category : Law
ISBN : 3031540662

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Theories of Legal Obligation by Deryck Beyleveld,Stefano Bertea Pdf

This volume collects six original essays by internationally respected researchers who have devoted themselves to the study of legal obligation. It brings together works that innovatively address key dimensions of the current debates concerning legal obligation from different and, in some cases, even opposing theoretical perspectives. As a result, the collection offers a comprehensive discussion of legal obligation that promises to significantly advance our understanding of the obligatory dimension of law. What specifically connects the contributions gathered here is one common thread: coming to terms with a notion – legal obligation – that is of both practical and theoretical importance. On the one hand, it is widely regarded as a fundamental legal concept by legal practitioners and laypeople alike, as not only judges, prosecutors, lawyers, and juries but also ordinary citizens make extensive use of obligation-related terms and discourses. On the other hand, the notion of legal obligation is of paramount significance for the theory of law. Indeed, even legal theorists who, quite understandably, refuse to reduce the law to a mere obligation-imposing device and opt instead for a view in which the normative dimension of the law also encompasses powers, rights, permissions, privileges and immunities, duly acknowledge the centrality of legal obligation for the understanding and conceptualisation of law. Hence the importance of the treatments presented in this volume.

Author : Paul David Hoffman,David Owen,Gideon Yaffe
Publisher : Broadview Press
Page : 363 pages
File Size : 44,5 Mb
Release : 2008
Category : Electronic
ISBN : 8210379456XXX

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Contemporary Perspectives on Early Modern Philosophy by Paul David Hoffman,David Owen,Gideon Yaffe Pdf

Author : Martin P. Golding,William A. Edmundson
Publisher : John Wiley & Sons
Page : 368 pages
File Size : 45,5 Mb
Release : 2008-04-15
Category : Philosophy
ISBN : 9780470779866

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The Blackwell Guide to the Philosophy of Law and Legal Theory by Martin P. Golding,William A. Edmundson Pdf

The Blackwell Guide to the Philosophy of Law and Legal Theory is a handy guide to the state of play in contemporary philosophy of law and legal theory. Comprises 23 essays critical essays on the central themes and issues of the philosophy of law today, written by an international assembly of distinguished philosophers and legal theorists Each essay incorporates essential background material on the history and logic of the topic, as well as advancing the arguments Represents a wide variety of perspectives on current legal theory

Author : Richard Falk,Friedrich Kratochwil,Saul H. Mendlovitz
Publisher : Westview Press
Page : 728 pages
File Size : 40,9 Mb
Release : 1985-08-18
Category : Law
ISBN : UOM:39015010229493

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International Law by Richard Falk,Friedrich Kratochwil,Saul H. Mendlovitz Pdf

Author : Larry May,Jeff Brown
Publisher : John Wiley & Sons
Page : 649 pages
File Size : 54,6 Mb
Release : 2009-05-18
Category : Philosophy
ISBN : 9781405183888

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Philosophy of Law by Larry May,Jeff Brown Pdf

Philosophy of Law provides a rich overview of the diverse theoretical justifications for our legal rules, systems, and practices. Utilizes the work of both classical and contemporary philosophers to illuminate the relationship between law and morality Introduces students to the philosophical underpinnings of International Law and its increasing importance as we face globalization Features concrete examples in the form of cases significant to the evolution of law Contrasts Anglo-American law with foreign institutions and practices such as those in China, Japan, India, Ireland and Canada Incorporates diverse perspectives on the philosophy of law ranging from canonical material to feminist theory, critical theory, postmodernism, and critical race theory

Author : E. Ann Black,Hossein Esmaeili,Nadirsyah Hosen
Publisher : Edward Elgar Publishing
Page : 319 pages
File Size : 50,8 Mb
Release : 2013-01-01
Category : Religion
ISBN : 9780857934475

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Modern Perspectives on Islamic Law by E. Ann Black,Hossein Esmaeili,Nadirsyah Hosen Pdf

'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.

Author : Deryck Beyleveld
Publisher : Springer Nature
Page : 168 pages
File Size : 42,6 Mb
Release : 2024-06-26
Category : Electronic
ISBN : 9783031540677

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Theories of Legal Obligation by Deryck Beyleveld Pdf