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Author : Judith N. Shklar
Publisher : Harvard University Press
Page : 268 pages
File Size : 51,6 Mb
Release : 1986
Category : Law
ISBN : 0674523512
Incisively and stylishly written, this book constitutes an open challenge to reconsider the fundamental question of the relationship of law to society.
Author : Eric A. Posner
Publisher : University of Chicago Press
Page : 286 pages
File Size : 53,8 Mb
Release : 2009-10-15
Category : Political Science
ISBN : 9780226675923
The first months of the Obama administration have led to expectations, both in the United States and abroad, that in the coming years America will increasingly promote the international rule of law—a position that many believe is both ethically necessary and in the nation’s best interests. With The Perils of Global Legalism, Eric A. Posner explains that such views demonstrate a dangerously naive tendency toward legalism—an idealistic belief that law can be effective even in the absence of legitimate institutions of governance. After tracing the historical roots of the concept, Posner carefully lays out the many illusions—such as universalism, sovereign equality, and the possibility of disinterested judgment by politically unaccountable officials—on which the legalistic view is founded. Drawing on such examples as NATO’s invasion of Serbia, attempts to ban the use of land mines, and the free-trade provisions of the WTO, Posner demonstrates throughout that the weaknesses of international law confound legalist ambitions—and that whatever their professed commitments, all nations stand ready to dispense with international agreements when it suits their short- or long-term interests. Provocative and sure to be controversial, The Perils of Global Legalism will serve as a wake-up call for those who view global legalism as a panacea—and a reminder that international relations in a brutal world allow no room for illusions.
Author : Georgy Kantor,Tom Lambert,Hannah Skoda
Publisher : Oxford University Press
Page : 304 pages
File Size : 51,7 Mb
Release : 2017-12-08
Category : Law
ISBN : 9780192543769
In this volume, ownership is defined as the simple fact of being able to describe something as 'mine' or 'yours', and property is distinguished as the discursive field which allows the articulation of attendant rights, relationships, and obligations. Property is often articulated through legalism as a way of thinking that appeals to rules and to generalizing concepts as a way of understanding, responding to, and managing the world around one. An Aristotelian perspective suggests that ownership is the natural state of things and a prerequisite of a true sense of self. An alternative perspective from legal theory puts law at the heart of the origins of property. However, both these points of view are problematic in a wider context, the latter because it rests heavily on Roman law. Anthropological and historical studies enable us to interrogate these assumptions. The articles here, ranging from Roman provinces to modern-day piracy in Somalia, address questions such as: How are legal property regimes intertwined with economic, moral-ethical, and political prerogatives? How far do the assumptions of the western philosophical tradition explain property and ownership in other societies? Is the 'bundle of rights' a useful way to think about property? How does legalism negotiate property relationships and interests between communities and individuals? How does the legalism of property respond to the temporalities and materialities of the objects owned? How are property regimes managed by states, and what kinds of conflicts are thus generated? Property and ownership cannot be reduced to natural rights, nor do they straightforwardly reflect power relations: the rules through which property is articulated tend to be conceptually subtle. As the fourth volume in the Legalism series, this collection draws on common themes that run throughout the first three volumes: Legalism: Anthropology and History, Legalism: Community and Justice, and Legalism: Rules and Categories consolidating them in a framework that suggests a new approach to legal concepts.
Author : Paul Dresch,Hannah Skoda
Publisher : Oxford University Press
Page : 128 pages
File Size : 54,8 Mb
Release : 2012-08-30
Category : Law
ISBN : 9780191641466
Law and law-like institutions are visible in human societies very distant from each other in time and space. When it comes to observing and analysing such social constructs historians, anthropologists, and lawyers run into notorious difficulties in how to conceptualize them. Do they conform to a single category of 'law'? How are divergent understandings of the nature and purpose of law to be described and explained? Such questions reach to the heart of philosophical attempts to understand the nature of law, but arise whenever we are confronted by law-like practices and concepts in societies not our own. In this volume leading historians and anthropologists with an interest in law gather to analyse the nature and meaning of law in diverse societies. They start from the concept of legalism, taken from the anthropologist Lloyd Fallers, whose 1960s work on Africa engaged, unusually, with jurisprudence. The concept highlights appeal to categories and rules. The degree to which legalism in this sense informs people's lives varies within and between societies, and over time, but it can colour equally both 'simple' and 'complex' law. Breaking with recent emphases on 'practice', nine specialist contributors explore, in a wide-ranging set of cases, the place of legalism in the workings of social life. The essays make obvious the need to question our parochial common sense where ideals of moral order at other times and places differ from those of modern North Atlantic governance. State-centred law, for instance, is far from a 'central case'. Legalism may be 'aspirational', connecting people to wider visions of morality; duty may be as prominent a theme as rights; and rulers from thirteenth-century England to sixteenth-century Burma appropriate, as much they impose, a vision of justice as consistency. The use of explicit categories and rules does not reduce to simple questions of power. The cases explored range from ancient Asia Minor to classical India, and from medieval England and France to Saharan oases and southern Arabia. In each case they assume no knowledge of the society or legal system discussed. The volume will appeal not only to historians and anthropologists with an interest in law, but to students of law engaged in legal theory, for the light it sheds on the strengths and limitations of abstract legal philosophy.
Author : Robert A. KAGAN,Robert A Kagan
Publisher : Harvard University Press
Page : 353 pages
File Size : 41,8 Mb
Release : 2009-06-30
Category : Law
ISBN : 9780674039278
Robert Kagan examines the origins and consequences of the American system of "adversarial legalism". This study aims to deepen our understanding of law and its relationship to politics, and raises questions about the future of the American legal system.
Author : Wendy Brown,Janet Halley
Publisher : Duke University Press
Page : 462 pages
File Size : 46,9 Mb
Release : 2002-11-22
Category : Law
ISBN : 0822329689
DIVA reader aimed at revitalizing left legal and political critique./div
Author : Mike Allison
Publisher : Sword of the Lord Publishers
Page : 16 pages
File Size : 54,6 Mb
Release : 2000-08
Category : Christian life
ISBN : 0873985192
Author : Don Kistler,John MacArthur,Steven J. Lawson,Joel Beeke,Richard D. Phillips,Phil Johnson,Jim Elliff,Kenneth Talbot,Bruce Bickel
Publisher : The Northampton Press
Page : 197 pages
File Size : 46,9 Mb
Release : 2015-03-16
Category : Religion
ISBN : 9780984706259
The authors in this compilation address the issue of legalism from a variety of angles. John MacArthur shows, first that obedience to God is not an issue of legalism, but an issue of love. In his second chapter, he deals with the inevitable response of people who are confronted with Biblical standards, "Judge not that ye be not judged." Here MacArthur shows what our Lord meant when He said that, and shows what biblical discernment really is, that there is a vast difference between judgmental and holding people accountable to God's standards. Phil Johnson, in his first chapter, deals with Christian liberty. In his second chapter, he takes a critical look at two kinds of legalism, then explores the relationship of Christian love and Christian liberty. Joel Beeke shows that enthusiasm for God's law is not necessarily legalism. One can be zealous without being legalistic. As David wrote: "Oh, how I love Thy Law!" Bruce Bickel explains that legalism is due to a weak understanding of what Christ accomplished on the cross. Jim Elliff makes clear that legalism is an attack on unity within the Body of Christ, particularly local congregations. Ken Talbot helps us to see that legalism is inconsistent with and incompatible with the doctrine of justification by faith alone. He points out that the doctrine of "free will" leads to this dangerous position. Rick Phillips explores the relationship to loving God and obeying His law. Some today believe that love is all that matters, and that the law as a guideline to love is extinct. Then this author shows that Biblical sanctification is the antidote to and the opposite of legalism. Steven J. Lawson shows that legalism is the result of holding to man-made traditions over the truth of God's Word. Second, he points out how dangerous and deadly a thing legalism is and why. Table of Contents: 1. Introduction: What Legalism Is, What Legalism Does - Don Kistler 2. Truth Vs. Tradition - Stephen J. Lawson 3. Love and God's Law - Richard D. Philips 4. The Cross Is Enough - Bruce Bickel 5. The Danger of Legalism - Steven J. Lawson 6. Obedience: Love or Legalism? - John MacArthur 7. Zealous But not Legalistic - Joel Beeke 8. The Plague of Free-Will Moralism - Kenneth Talbot 9. Judging Vs. Biblical Discernment - John MacArthur 10. Stand Fast in Liberty - Phil Johnson 11. Real Love and Real Liberty - Phil Johnson 12. What Freedom From the Law Accomplishes For the Local Church - Jim Elliff 13. Biblical Sanctification: The Antidote to Legalism - Richard D. Philips
Author : L. Roger Sockwell
Publisher : Xulon Press
Page : 266 pages
File Size : 49,5 Mb
Release : 2002
Category : Religion
ISBN : 9781931232432
Author : Neil T. Anderson,Rich Miller,Paul Travis
Publisher : Harvest House Publishers
Page : 322 pages
File Size : 45,6 Mb
Release : 2003-07-01
Category : Religion
ISBN : 9780736935593
Neil Anderson (author of the bestselling "The Bondage Breaker(TM)") and his coauthors expose the trauma of legalism--and show how Christ liberates us from trying to be "good enough for God." According to a recent poll, 57 percent of Christians strongly agree the Christian life is well summed-up as "trying hard to do what God commands." But biblically, making laws our "lord" estranges us from Christ! The authors reveal... "the chains of legalism: " shame, guilt, pride "the keys to liberty: " knowing who we are in Christ, resting in the Father's love "the life of freedom: " joyful friendship with God, obedience viewed properly Here's encouragement for defeated believers--and an appeal to the church to be free in Christ.
Author : Zhengyuan Fu
Publisher : Routledge
Page : 151 pages
File Size : 53,6 Mb
Release : 2016-09-16
Category : Political Science
ISBN : 9781315285238
This text discusses the Chinese Legalists, an ancient school of Chinese philosophy which flourished during the Period of the Hundred Contending Schools (6th-3rd century B.C.E.) The school perfected the science of government and art of statecraft to a level that would have greatly impressed Machiavelli. This period and its personalities, as well as a taste of the style and spirit of the Legalists' discourse, are made accessible to the student and general reader, placing into focus the roots of the great Chinese philosophy-as-statecraft tradition. The Legalists - most famously Li Kui, Shang Yang, Shen Buhai, Shen Dao, and Han Fei - had a great impact not only on the institutions and practices of Chinese imperial tradition but also on the Maoist totalitarianism of the People's Republic of China.
Author : Thomas Alured Faunce
Publisher : Martinus Nijhoff Publishers
Page : 676 pages
File Size : 55,6 Mb
Release : 2005-01-01
Category : Political Science
ISBN : 9789004139626
This arrestingly novel work develops a normative synthesis of medical humanities, virtue ethics, medical ethics, health law and human rights. It presents an ambitious, complex and coherent argument for the reconceptualisation of the doctor-patient relationship and its regulation utilising approaches often thought of as being separate, if not opposed (virtue-based ethics and universal human rights). The case is argued gracefully, with moderation, but also with respect for opposing positions. The book's analysis of the foundational professional virtue of therapeutic loyalty is an original departure from the traditional discourse of "patient autonomy," and the ethical and legal "duties" of the medical practitioner. The central argument is not merely presented, as bookends, in the introduction and conclusion. It is cogently represented in each chapter and section and measured against the material considered. A remarkable feature is the use of aptly selected "canonical" literature to inform the argument. These references run from Hesse's "The Glass Bead Game" in the abstract, to Joyce's "Ulysses" in the conclusion. They include excerpts from and discussion about Bergman, Borges, Boswell, Tolstoy, de Beauvoir, Chekhov, Dostoevsky, Samuel Johnson, Aristotle, Orwell, Osler, Chaucer, Schweitzer, Shakespeare, Thorwalds, Kafka and William Carlos Williams. Such references are used not merely as an artistic and decorative leitmotif, but become a critical, narrative element and another complex and rich layer to this work. The breadth and quality of the references are testimony to the author's clear understanding of the modern law and literature movement. This work provides the basis of a medicalschool course. As many medical educators as possible should also be encouraged to read this work for the insights it will give them into using their own personal life narratives and those of their patients to inform their decision-making process. This thesis will also be of value to the judiciary, whose members are often called upon to make normatively difficult judgments about medical care and medical rules. The human rights material leads to a hopeful view of an international movement toward a universal synthesis between medical ethics and human rights in all doctor-patient relationships.
Author : Kendra Fletcher
Publisher : Independently Published
Page : 110 pages
File Size : 55,9 Mb
Release : 2018-09-06
Category : Religion
ISBN : 1720020140
From a decade lived deeply in the chokehold of a legalistic community, Kendra Fletcher emerged to find healing, grace for herself, and a renewed faith that stood apart from the religious confines of her previous life in a rigid church community. Are you there, too, finding yourself leaving a legalistic or cult-like church and wondering what it all meant? Gasping for breath, hoping to find peace, looking to find your way after years of spiritual abuse and religion-driven shame? If it's your time to find freedom and healing, Leaving Legalism will serve as a guide to help you learn not only to separate religious behavior from true faith in Christ, but to emerge confident in the knowledge that you're already loved and accepted far beyond your wildest dreams. Begin your journey to healing as Kendra discusses: - Swinging the pendulum from law to grace - Why rules make us feel safe - How we all end up evangelizing a lifestyle - Our identity in Christ - How to let go of the past - How to learn to rest in what God has done for us - How to move forward (including how to apologize to your children) "I can
Author : Robert P. Pruitt
Publisher : Ambassador International
Page : 192 pages
File Size : 44,8 Mb
Release : 2014-01-31
Category : Religion
ISBN : 9781620203583
Legalism! Almost no one is neutral on the subject. Some see a legalist behind every attempt to encourage holiness in the lives of God’s people, while others fail to see that they have fallen into the clutches of legalistic thinking. In the name of calling people to righteousness, many add to the Word of God and form a system destined to end in an unbiblical approach to godly living. The results of legalism are devastating. Many fail to learn to think, or at least think biblically, but continue to conform to the rules that have been laid before them. Robotic in their obedience, they never experience the joy of the freedom available in Christ. Others rebel, not only against the system, but against even those teachings that are true to the Scriptures. These rebels often leave their families and the church in pursuit of personal pleasure. In so doing they find themselves becoming slaves to sin. This book is designed to expose legalism and its tragic results, and then point the way to a true holiness that is based in biblical motivations. Christ is glorified only through truly holy lives.
Author : Bill Nugent
Publisher : Xulon Press
Page : 138 pages
File Size : 50,6 Mb
Release : 2006-03
Category : Religion
ISBN : 9781597818582
The law contains a "shadow" but the "substance" is of Christ (Col. 2:16-17). This book gives a penetrating scriptural perspective to the question of whether believers ignore the shadow and just keep the substance. (Christian)