Law Obligation Community

Author : Daniel Matthews,Scott Veitch
Publisher : Routledge
Page : 272 pages
File Size : 52,7 Mb
Release : 2018
Category : Law
ISBN : 0203733487

Get Book

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 : Daniel Matthews,Scott Veitch
Publisher : Routledge
Page : 272 pages
File Size : 49,8 Mb
Release : 2018-06-27
Category : Law
ISBN : 9781351403696

Get Book

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 : Stefano Bertea
Publisher : Cambridge University Press
Page : 379 pages
File Size : 42,8 Mb
Release : 2019-10-03
Category : Law
ISBN : 9781108475105

Get Book

A Theory of Legal Obligation by Stefano Bertea Pdf

Bertea puts forward a comprehensive and original theory of legal obligation, understood as a distinctive legal concept.

Author : Arthur J. Dyck
Publisher : Georgetown University Press
Page : 364 pages
File Size : 49,7 Mb
Release : 2005-02-08
Category : Religion
ISBN : 1589014065

Get Book

Rethinking Rights and Responsibilities by Arthur J. Dyck Pdf

As members of various and often conflicting communities, how do we reconcile what we have come to understand as our human rights with our responsibilities toward one another? With the bright thread of individualism woven through the American psyche, where can our sense of duty toward others be found? What has happened to our love—even our concern—for our neighbor? In this revised edition of his magisterial exploration of these critical questions, renowned ethicist Arthur Dyck revisits and profoundly hones his call for the moral bonds of community. In all areas of contemporary life, be it in business, politics, health care, religion—and even in family relationships—the "right" of individuals to consider themselves first has taken precedence over our responsibilities toward others. Dyck contends that we must recast the language of rights to take into account our once natural obligations to all the communities of which we are a part. Rethinking Rights and Responsibilities, at the nexus of ethics, political theory, public policy, and law, traces how the peculiarly American formulations of the rights of the individual have assaulted our connections with, and responsibilities for, those around us. Dyck critically examines contemporary society and the relationship between responsibilities and rights, particularly as they are expressed in medicine and health care, to maintain that while indeed rights and responsibilities form the moral bonds of community, we must begin with the rudimentary task of taking better care of one another.

Author : Eric E. Bergsten
Publisher : Springer
Page : 145 pages
File Size : 55,9 Mb
Release : 1973-01-01
Category : Law
ISBN : 9401500347

Get Book

Community Law in the French Courts by Eric E. Bergsten Pdf

The European Communities are only two decades old. The most important of the three Communities, the European Economic Community (EEC), is even younger, having come into existence in 1958. 1 Two decades have been hardly enough time to have more than reached, much less settled, the impor tant questions of the relationship between Community law and institutions and those of the Member States. Among the most challenging of the questions is the extent to which the courts of the Member States will fulfill the obligation of safeguarding the rights created by the Treaty of Rome in favor of private persons, both indivi dual and corporate, an obligation which the Court of Justice of the European Communities has said rests upon the national courts. This obligation flows naturally, though not necessarily, from the commitment of the Court of Justice to an effective Community. However, the result depends on that commitment, and there is a natural concern that the national courts may not share the commitment to an effective Community to a degree necessary to fulfill their obligations under Community law as those obligations have been defined by the Court of Justice. In order to fu1fi11 their obligations to Community law the courts of the Member States will have to solve some serious problems, and do it with comparatively little help from the Court of Justice.

Author : Stefano Bertea
Publisher : Routledge
Page : 280 pages
File Size : 40,7 Mb
Release : 2020-07-27
Category : Law
ISBN : 9781000094213

Get Book

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 : Arthur J. Dyck
Publisher : Unknown
Page : 441 pages
File Size : 54,9 Mb
Release : 1994
Category : Communities
ISBN : 0829810021

Get Book

Rethinking Rights and Responsibilities by Arthur J. Dyck Pdf

Author : Eyal Benvenisti,Georg Nolte,Keren Yalin-Mor
Publisher : Oxford University Press
Page : 545 pages
File Size : 40,5 Mb
Release : 2018
Category : Law
ISBN : 9780198825210

Get Book

Community Interests Across International Law by Eyal Benvenisti,Georg Nolte,Keren Yalin-Mor Pdf

This book explores the extent to which contemporary international law expects states to take into account the interests of others - namely third states or their citizens - when they form and implement their policies, negotiate agreements, and generally conduct their relations with other states. It systematically considers the various manifestations of what has been described as 'community interests' in many areas regulated by international law and observes how the law has evolved from a legal system based on more or less specific consent and aimed at promoting particular interests of states, to one that is more generally oriented towards collectively protecting common interests and values. Through essays by experts in the field, this book explores topics such as the sources of international law and the institutional aspects of developing the law and covers a range of areas within the law.

Author : J. Roland Pennock
Publisher : Routledge
Page : 474 pages
File Size : 44,9 Mb
Release : 2017-07-12
Category : Political Science
ISBN : 9781351499231

Get Book

Political and Legal Obligation by J. Roland Pennock Pdf

At a point in history marked by dramatic challenges to the existing political and social order, the question of legal and political obligation emerges as a focal point of international concern. Amid the clamor for radical change in the established order, theories of political obligation demand renewed examination. In this volume, eighteen leading specialists in the legal, philosophical, and political science aspects of the question offer their views on this timely topic. Part I examines the nature of moral, legal, and political obligation. The first essay presents a set of definitions that denies the very existence of obligation. While the second essay disagreeing particularly with respect to the relationship of political to moral tenets, and the third discussing the highly complex interplay between law and morality. The following essay approaches obligation as existing in the context of an established political and legal system and stresses the importance of evaluating the negative consequences of challenges to the law as well as those arising from the absence of challenges. The next paper maintains that political obligation is so complex that its very existence depends upon rational deliberation in particular contexts. The fifth, explores four significant theories but accepts only the one based on the broadest definition of obligation. While the final essay in this part considers political obligation a unique and generalized moral obligation. Part II takes up the conditions of obligation and of obedience. The first essay in this part discusses the conditions necessary to generate a "felt obligation." The second paper, concentrates on exposing key obstacles to empirical proof that behavior is or is not motivated by "felt obligation." While the third draws upon a large body of literature and court decisions dealing with compliance to the law. The forth essay is a case study of Rome probes the role of obligation during that city's seven cent

Author : William Atkins Edmundson
Publisher : Rowman & Littlefield
Page : 366 pages
File Size : 52,6 Mb
Release : 1999
Category : Law
ISBN : 0847692558

Get Book

The Duty to Obey the Law by William Atkins Edmundson Pdf

The question, 'Why should I obey the law?' introduces a contemporary puzzle that is as old as philosophy itself. The puzzle is especially troublesome if we think of cases in which breaking the law is not otherwise wrongful, and in which the chances of getting caught are negligible. Philosophers from Socrates to H.L.A. Hart have struggled to give reasoned support to the idea that we do have a general moral duty to obey the law but, more recently, the greater number of learned voices has expressed doubt that there is any such duty, at least as traditionally conceived. The thought that there is no such duty poses a challenge to our ordinary understanding of political authority and its legitimacy. In what sense can political officials have a right to rule us if there is no duty to obey the laws they lay down? Some thinkers, concluding that a general duty to obey the law cannot be defended, have gone so far as to embrace philosophical anarchism, the view that the state is necessarily illegitimate. Others argue that the duty to obey the law can be grounded on the idea of consent, or on fairness, or on other ideas, such as community.

Author : Hersch Lauterpacht
Publisher : Oxford University Press, USA
Page : 526 pages
File Size : 42,5 Mb
Release : 2011
Category : Law
ISBN : 9780199608812

Get Book

The Function of Law in the International Community by Hersch Lauterpacht Pdf

First published in 1933, this is one of the seminal works on international law, written by a legendary scholar in the field. This republication, featuring a new introduction by Professor Martti Koskenniemi, once again makes this book available to scholars and students in this area.

Author : Cezary Mik
Publisher : Taylor & Francis
Page : 622 pages
File Size : 47,9 Mb
Release : 2024-05-07
Category : Law
ISBN : 9781040020906

Get Book

Theory of Obligations in International Law by Cezary Mik Pdf

Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.

Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
Page : 366 pages
File Size : 43,8 Mb
Release : 2005
Category : Law
ISBN : 9781584775782

Get Book

Pure Theory of Law by Hans Kelsen Pdf

Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.

Author : United States. Congress. House. Committee on Foreign Affairs. Subcommittee on Africa
Publisher : Unknown
Page : 832 pages
File Size : 47,7 Mb
Release : 1973
Category : Sanctions (International law)
ISBN : UCBK:C041559985

Get Book

Implications for U.S. International Legal Obligations of the Presence of the Rhodesian Information Office in the United States by United States. Congress. House. Committee on Foreign Affairs. Subcommittee on Africa Pdf

Author : Benoît Mayer
Publisher : Oxford University Press
Page : 417 pages
File Size : 54,5 Mb
Release : 2022
Category : Law
ISBN : 9780192843661

Get Book

International Law Obligations on Climate Change Mitigation by Benoît Mayer Pdf

A comprehensive doctrinal study of states' obligations on climate change mitigation, showing that obligations arise not only from climate treaties, but also from customary international law, unilateral declarations, and human rights treaties, and exploring the interactions between these multiple obligations.