Legal And Political Philosophy

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Legal and Political Philosophy

Author : Enrique Villanueva
Publisher : BRILL
Page : 491 pages
File Size : 46,5 Mb
Release : 2023-03-20
Category : Law
ISBN : 9789004457911

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Legal and Political Philosophy by Enrique Villanueva Pdf

Legal and Political Philosophy, edited by Enrique Villanueva, is the first volume in the series Social, Political, and Legal Philosophy, published by Rodopi also under his editorship. It contains six original essays by leading political philosophers and philosophers of law (Waldron, Coleman, Postema, Shapiro, Sayre-McCord, and Kraus), along with critical papers on those essays, and replies. This is cutting edge work that elicits sharp responses already as it is published, with the debate joined as the authors reply. Social, Political, and Legal Philosophy is a new book series, edited by Enrique Villanueva, and published by Rodopi Publishers as part of Rodopi Philosophical Studies. The series will publish collections of new essays on topics in social or political or legal philosophy. New volumes will be published approximately every year or every other year.

Force and Freedom

Author : Arthur Ripstein
Publisher : Harvard University Press
Page : 416 pages
File Size : 53,8 Mb
Release : 2010-02-15
Category : Philosophy
ISBN : 9780674054516

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Force and Freedom by Arthur Ripstein Pdf

In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.

Legal and Political Philosophy

Author : Sociedad Filosófica Ibero Americana. Conference
Publisher : Rodopi
Page : 506 pages
File Size : 51,9 Mb
Release : 2002
Category : Law
ISBN : 9042011033

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Legal and Political Philosophy by Sociedad Filosófica Ibero Americana. Conference Pdf

This the first volume in the series Social, political, and legal philosophy. It contains six original essays by leading political philosophers and philosophers of law (Waldron, Coleman, Postema, Shapiro, Sayre-McCord, and Kraus), along with critical papers on those essays, and replies. This is cutting edge work that elicits sharp responses already as it is published, with the debate joined as the authors reply."

German Political Philosophy

Author : Chris Thornhill
Publisher : Routledge
Page : 412 pages
File Size : 52,9 Mb
Release : 2007-01-24
Category : Law
ISBN : 9781134382804

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German Political Philosophy by Chris Thornhill Pdf

This book combines philosophical, intellectual-historical and political-theoretical methodologies to provide a new synoptic reading of the history of German political philosophy. Incorporating chapters on the political ideas of Luther and Zwingli, on the politics of the early Enlightenment, on Idealism, on Historicism and Lukács, on early Twentieth-Century political theology, on the Frankfurt School, and on Habermas and Luhmann, the book sets out both a broad and a detailed discussion of German political reflection from the Reformation to the present. In doing so, it explains how the development of German political philosophy is marked by a continual concern with certain unresolved and recurrent problems. It claims that all the major positions address questions relating to the origin of law, that all seek to account for the relation between legal validity and metaphysical and theological superstructures, and that all are centred on the attempt to conceptualise and reconstruct the character of the legal subject.

Force and Freedom

Author : Arthur Ripstein
Publisher : Harvard University Press
Page : 416 pages
File Size : 54,9 Mb
Release : 2009-10-15
Category : Law
ISBN : 9780674035065

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Force and Freedom by Arthur Ripstein Pdf

Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today.

Rights, Culture, and the Law

Author : Lukas H. Meyer,Stanley L. Paulson,Thomas Winfried Menko Pogge
Publisher : Unknown
Page : 282 pages
File Size : 48,8 Mb
Release : 2003
Category : Culture and law
ISBN : 0191714844

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Rights, Culture, and the Law by Lukas H. Meyer,Stanley L. Paulson,Thomas Winfried Menko Pogge Pdf

This volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: legal positivism and the nature of law, practical reason, authority, group rights and multiculturalism.

The Oxford Handbook of Jurisprudence and Philosophy of Law

Author : Jules Coleman,Scott Shapiro
Publisher : OUP Oxford
Page : 1072 pages
File Size : 50,5 Mb
Release : 2004-01-22
Category : Law
ISBN : 019927097X

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The Oxford Handbook of Jurisprudence and Philosophy of Law by Jules Coleman,Scott Shapiro Pdf

The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-six of the foremost legal theorists currently writing, to provide a state-of-the-art overview of jurisprudential scholarship.

The Philosophy of Legal Change

Author : Maciej Chmieliński,Michał Rupniewski
Publisher : Routledge
Page : 469 pages
File Size : 42,6 Mb
Release : 2019-07-05
Category : Law
ISBN : 9780429997693

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The Philosophy of Legal Change by Maciej Chmieliński,Michał Rupniewski Pdf

Democratic legal systems have recently been subject to rapid and multi-directional processes of change. There are numerous sociological, technological, ideological, or purely political processes which result in law’s amendment and transformation. This book argues that this legal change is best understood from a political philosophy perspective. This can be used as an interpretative device to understand the ongoing processes of change as well as their outcomes such as new laws, judicial interpretations, or constitutional amendments. The work has three main objectives: to provide deeper understanding of the problems of legal change within the diversity of Western political and legal thought; to examine the development of the processes of change in terms of their normative and prudential acceptability; to interpret actual processes of change with a view to the general theoretical and normative background. The book is divided into three parts: Part I sets the scene and is focused on the general issues important for understanding and evaluating legal change from the perspective of political philosophy; Part II focuses on the spectrum of politico-philosophical justifications present in the political culture of democratic states; Part III offers selected case studies to specify and apply the philosophical ideas in the previous parts. The book will be a valuable resource for students and scholars of law and jurisprudence, including comparative legal studies and human rights law, political theory, and philosophy.

Punishment and the History of Political Philosophy

Author : Arthur Shuster
Publisher : University of Toronto Press
Page : 191 pages
File Size : 51,9 Mb
Release : 2016-01-01
Category : History
ISBN : 9781442647282

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Punishment and the History of Political Philosophy by Arthur Shuster Pdf

In Punishment and the History of Political Philosophy, Arthur Shuster offers an insightful study of punishment in the works of Plato, Hobbes, Montesquieu, Beccaria, Kant, and Foucault.

Law and Democracy in Neil MacCormick's Legal and Political Theory

Author : Agustín José Menéndez,John Erik Fossum
Publisher : Springer Science & Business Media
Page : 298 pages
File Size : 53,8 Mb
Release : 2011-03-29
Category : Philosophy
ISBN : 9789048189427

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Law and Democracy in Neil MacCormick's Legal and Political Theory by Agustín José Menéndez,John Erik Fossum Pdf

This volume offers a collection of articles by leading legal and political theorists. Originally intended as a celebration of MacCormick’s work on the occasion of the completion of the four-volume series on Law, State and Practical Reason, it has turned into a homage and salute after MacCormick’s passing. Cast in MacCormick’s reflexive spirit, the book presents a critical reconstruction of the Scottish philosopher’s work, with the aim of revealing the connections between law and democracy in his writings and furthering his insights in each specific field. Neil MacCormick made outstanding contributions to the understanding of law and democracy under conditions of pluralism. His institutional theory of law has elucidated the close connection between the normative character of law as a means of social integration and legal social practices. This has produced a synthesis of the key insights of the legal and political theories of Kelsen, Hart, Alexy and Dworkin, and has broken new ground by undermining the ‘monolithic’ and ‘nation-state’ centered character of standard legal theories.

New Essays in the Legal and Political Theory of Property

Author : Stephen R. Munzer
Publisher : Cambridge University Press
Page : 232 pages
File Size : 55,8 Mb
Release : 2001-06-18
Category : Business & Economics
ISBN : 0521640016

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New Essays in the Legal and Political Theory of Property by Stephen R. Munzer Pdf

This collection of essays examines central issues of property theory from a variety of perspectives.

Militant Democracy – Political Science, Law and Philosophy

Author : Afshin Ellian,Bastiaan Rijpkema
Publisher : Springer
Page : 193 pages
File Size : 53,9 Mb
Release : 2018-11-15
Category : Philosophy
ISBN : 9783319970042

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Militant Democracy – Political Science, Law and Philosophy by Afshin Ellian,Bastiaan Rijpkema Pdf

This volume offers an up-to-date overview of the much-debated issue of how a democracy may defend itself against those who want to subvert it. The justifications, effectiveness and legal implications of militant democracy are discussed by addressing questions as: How can militant democracy measures such as party bans be justified? Why is it that some democracies ban antidemocratic parties? Does militant democracy succeed in combatting right-wing extremism? And is militant democracy evolving into an internationalized legal and political concept? Bringing together experts and perspectives from political science, law and philosophy, this volume advances our understanding of the current threats to democracy, a political system once thought almost invincible. It is especially timely in the light of the rise of illiberal democracy in the EU, the increasingly authoritarian rule in Turkey, the steady shift to autocracy in Russia and the remarkable election of Trump in the US.

Philosophical Issues, Social, Political, and Legal Philosophy

Author : Ernest Sosa,Enrique Villanueva
Publisher : Wiley-Blackwell
Page : 568 pages
File Size : 45,6 Mb
Release : 2003-02-28
Category : Philosophy
ISBN : 0631230262

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Philosophical Issues, Social, Political, and Legal Philosophy by Ernest Sosa,Enrique Villanueva Pdf

This volume represents the main papers delivered by both prominent and rising philosophers at the 1999 SOFIA conference in Mazatlan, Mexico. The volume contains twenty substantial papers spanning important issues of current interest including sexuality and consent, rights and scarcity, democracy and individualism, and the nature of law and the value of punishment.

Foucault's Politics of Philosophy

Author : Sandro Chignola
Publisher : Taylor & Francis
Page : 144 pages
File Size : 54,6 Mb
Release : 2018-07-04
Category : Law
ISBN : 9781351724142

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Foucault's Politics of Philosophy by Sandro Chignola Pdf

Oriented around the theme of a ‘politics of philosophy’, this book tracks the phases in which Foucault’s genealogy of power, law, and subjectivity was reorganized during the 14 years of his teaching at the College de France, as his focus shifted from sovereignty to governance. This theme, Sandro Chignola argues here, is the key to understanding four features of Foucault’s work over this period. First, it foregrounds its immediate political character. Second, it demonstrates that Foucault’s "Greek trip" also aims at a politics of the subject that is able to face the processes of the governmentalization of power. Third, it makes clear that the idea of the "government of the self" is – drawing on an ethics of intellectual responsibility that is Weberian in origin – an answer to the processes that, within neoliberal governance, produce the subject as an individual (as a consumer, a market agent, an entrepreneur, and so on). Fourth, the theme of a ‘politics of philosophy’ implies that Foucault’s research was never simply scholarly or neutral; but rather was characterized by a specific political position. Against recent interpretations that risk turning Foucault into a scholar, here then Foucault is re-presented as a key figure for jurisprudential and political-philosophical research.

Philosophy and Law

Author : Leo Strauss
Publisher : State University of New York Press
Page : 168 pages
File Size : 51,6 Mb
Release : 2012-02-01
Category : History
ISBN : 9781438421438

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Philosophy and Law by Leo Strauss Pdf

Leo Strauss's Philosophy and Law contains a groundbreaking study of the political philosophy of Maimonides and his Islamic predecessors, and it offers an argument on behalf of that philosophy which is also a profound critique of modern philosophy. Here is an entirely new and complete English translation of Strauss's work, which takes as its ideal the exacting standards of accuracy that Strauss himself emphasized in his own work. It includes a prefatory essay introducing the argument of each of the four sections of Philosophy and Law. This is a fresh and challenging treatment of the perennial conflict between reason and revelation, or philosophy and religion. Strauss's key contention in this book is that the most influential modern approaches to this conflict have run aground in ways that reflect their loss of key insights developed by the medieval philosophers of Islam and their Jewish pupils, especially Maimonides. Strauss challenges the modern view that scientific enlightenment must ultimately amount to atheism, and that therefore there can be no such thing as enlightened religion. Through a careful, original, and detailed treatment of central works of the medieval Islamic-Jewish tradition, especially Maimonides' Guide of the Perplexed, Strauss aims to recover their key insights into this question.