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Author : Yuval Sinai,Benjamin Shmueli
Publisher : Cambridge University Press
Page : 429 pages
File Size : 42,5 Mb
Release : 2020-08-06
Category : Law
ISBN : 9781107179295
Presents Maimonides' complete tort theory, and how it compares with other tort theories both in the Jewish world and beyond.
Author : Benjamin Porat,David C. Flatto
Publisher : Taylor & Francis
Page : 283 pages
File Size : 42,7 Mb
Release : 2023-12-11
Category : Law
ISBN : 9781317200406
Volume 22 of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1–21 of this series, providing English-speaking readers with scholarly articles presenting jurisprudential, historical, textual and comparative analysis of issues in Jewish law. This volume features articles on rabbinic criminal law, tort law, jurisprudence, and judicial practice.
Author : Sagi Peari
Publisher : Oxford University Press
Page : 345 pages
File Size : 42,9 Mb
Release : 2018
Category : Law
ISBN : 9780190622305
This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, Australian, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age and the Internet.
Author : Ernest J. Weinrib
Publisher : OUP Oxford
Page : 368 pages
File Size : 52,5 Mb
Release : 2012-09-20
Category : Law
ISBN : 9780191636387
Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers. Ernest Weinrib made a seminal contribution to the understanding of private law with his first book, The Idea of Private Law. In it, he argued that there is a special morality intrinsic to private law: the morality of corrective justice. By understanding the nature of corrective justice we understand the purpose of private law - which is simply to be private law. In this book Weinrib takes up and develops his account of corrective justice, its nature, and its role in understanding the law. He begins by setting out the conceptual components of corrective justice, drawing a model of a moral relationship between two equals and the rights and duties that exist between them. He then explains the significance of corrective justice for various legal contexts: for the grounds of liability in negligence, contract, and unjust enrichment; for the relationship between right and remedy; for legal education; for the comparative understanding of private law; and for the compatibility of corrective justice with state support for the poor. Combining legal and philosophical analysis, Corrective Justice integrates a concrete and wide-ranging treatment of legal doctrine with a unitary and comprehensive set of theoretical ideas. Alongside the revised edition of The Idea of Private Law, it is essential reading for all academics, lawyers, and students engaged in understanding the foundations of private law.
Author : Hans Lindahl
Publisher : Oxford University Press
Page : 299 pages
File Size : 54,8 Mb
Release : 2013-09-26
Category : Law
ISBN : 9780199601684
The question whether and how boundaries might individuate and thereby be constitutive features of any imaginable legal order has yet to be addressed in a systematic and comprehensive manner by legal and political theory. This book seeks to address this important omission, providing an original contribution to the debate about law in a global setting. Against the widely endorsed assumption that we are now moving towards law without boundaries, it argues that every imaginable legal order, global or otherwise, is bounded in space, time, membership, and content. The book is built up around three main insights. Firstly, that legal orders can best be understood as a form of joint action in which authorities mediate and uphold who ought to do what, where, and when with a view to realising the normative point of acting together. Secondly, that behaviour can call into question the boundaries that determine who ought to do what, where and when: a-legality. Thirdly, that this a-legality reveals boundaries as marking a limit and, to a lesser or greater extent, a fault line of the respective legal order. Legal boundaries reveal ways of ordering the who, what, where, and when of behaviour which have been excluded, yet which remain within the range of practical possibilities accessible to the collective: limits. However legal boundaries also intimate an order which exceeds the range of possibilities accessible to that collective - the fault line of the respective legal order. Careful analysis of a wide range of legal orders, including nomadism, Roman law, classical international law, ius gentium, multinationals, cyberlaw, lex mercatoria, the EU, global regimes of human rights, and space law validates this thesis. What sense, then, can we make of the normativity of the law, if there can be no inclusion without exclusion? Arguing that legal and political theories misunderstand how legal boundaries do their work of including and excluding, the book develops a normative theory of legal order which is alternative to both communitarianism and cosmopolitanism.
Author : Jean Hampton
Publisher : Cambridge University Press
Page : 219 pages
File Size : 46,6 Mb
Release : 2006-11-13
Category : Philosophy
ISBN : 9781139460187
Contractarianism in some form has been at the center of recent debates in moral and political philosophy. Jean Hampton was one of the most gifted philosophers involved in these debates and provided both important criticisms of prominent contractarian theories plus powerful defenses and applications of the core ideas of contractarianism. In these essays, she brought her distinctive approach, animated by concern for the intrinsic worth of persons, to bear on topics such as guilt, punishment, self-respect, family relations, and the maintenance and justification of the state. Edited by Daniel Farnham, this collection is an essential contribution to understanding the problems and prospectus of contractarianism in moral, legal and political philosophy.
Author : Miquel Martín-Casals,Diego M. Papayannis
Publisher : Cambridge University Press
Page : 343 pages
File Size : 49,5 Mb
Release : 2015-11-19
Category : Law
ISBN : 9781316425480
This discussion of causal uncertainty in tort liability adopts a comparative approach in order to highlight the important normative, epistemological and procedural implications of the various proposed solutions. Occupying a middle ground between the legal perspective and the philosophical views that are at stake when it comes to the resolution of tort law cases in a context of causal uncertainty, the arguments will be of great interest to legal scholars, legal philosophers and advanced tort law students.
Author : Peter Adamson
Publisher : OUP Oxford
Page : 144 pages
File Size : 45,6 Mb
Release : 2015-09-24
Category : Philosophy
ISBN : 9780191506598
In the history of philosophy, few topics are so relevant to today's cultural and political landscape as philosophy in the Islamic world. Yet, this remains one of the lesser-known philosophical traditions. In this Very Short Introduction, Peter Adamson explores the history of philosophy among Muslims, Jews, and Christians living in Islamic lands, from its historical background to thinkers in the twentieth century. Introducing the main philosophical themes of the Islamic world, Adamson integrates ideas from the Islamic and Abrahamic faiths to consider the broad philosophical questions that continue to invite debate: What is the relationship between reason and religious belief? What is the possibility of proving God's existence? What is the nature of knowledge? Drawing on the most recent research in the field, this book challenges the assumption of the cultural decline of philosophy and science in the Islamic world by demonstrating its rich heritage and overlap with other faiths and philosophies.
Author : James Gordley
Publisher : OUP Oxford
Page : 496 pages
File Size : 54,8 Mb
Release : 2006-01-05
Category : Law
ISBN : 9780191021718
Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.
Author : Phillip Mitsis
Publisher : Oxford Handbooks
Page : 848 pages
File Size : 54,8 Mb
Release : 2020
Category : PHILOSOPHY
ISBN : 9780199744213
This volume offers authoritative discussions of all aspects of the philosophy of Epicurus (340-271 BCE) and then traces Epicurean influences throughout the Western tradition. It is an unmatched resource for those wishing to deepen their knowledge of Epicureanism's powerful arguments about death, happiness, and the nature of the material world.
Author : Charles L. Cohen
Publisher : Oxford University Press, USA
Page : 175 pages
File Size : 47,6 Mb
Release : 2020-01-08
Category : Religion
ISBN : 9780190654344
In the book of Genesis, God bestows a new name upon Abram--Abraham, a father of many nations. With this name and his Covenant, Abraham would become the patriarch of three of the world's major religions: Judaism, Christianity, and Islam. Connected by their mutual--if differentiated--veneration of the One God proclaimed by Abraham, these traditions share much beyond their origins in the ancient Israel of the Old Testament. This Very Short Introduction explores the intertwined histories of these monotheistic religions, from the emergence of Christianity and Islam to the violence of the Crusades and the cultural exchanges of al-Andalus. Each religion continues to be shaped by this history but has also reacted to the forces of modernity and politics. Movements such as the Reformation and that led by seventh-century Kharijites have emerged, intentioned to reform or restore traditional religious practice but quite different in their goals and effects. Relationships with states, among them Israel and Saudi Arabia, have also figured importantly in their development. The Abrahamic Religions: A Very Short Introduction brings these traditions together into a common narrative, lending much needed context to the story of Abraham and his descendants. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Author : Tim Bayne
Publisher : Oxford University Press
Page : 161 pages
File Size : 44,9 Mb
Release : 2018
Category : PHILOSOPHY
ISBN : 9780198754961
What is the philosophy of religion? How can we distinguish it from theology on the one hand and the psychology/sociology of religious belief on the other? What does it mean to describe God as eternal? And should religious people want there to be good arguments for the existence of God, or is religious belief only authentic in the absence of these good arguments? In this Very Short Introduction Tim Bayne introduces the field of philosophy of religion, and engages with some of the most burning questions that philosophers discuss. Considering how religion should be defined, and whether we even need to be able to define it in order to engage in the philosophy of religion, he goes on to discuss whether the existence of God matters. Exploring the problem of evil, Bayne also debates the connection between faith and reason, and the related question of what role reason should play in religious contexts. Shedding light on the relationship between science and religion, Bayne finishes by considering the topics of reincarnation and the afterlife. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Author : Ralph Lerner
Publisher : University of Chicago Press
Page : 236 pages
File Size : 43,5 Mb
Release : 2016-04-14
Category : Philosophy
ISBN : 9780226353296
Naive Readings is a collection of nine of Ralph Lerner s essays on an astonishing range of notoriously difficult and complex authors and texts including Benjamin Franklin s secular and his liturgical writings, Jefferson s Summary View, and Abraham Lincoln s various writings on statesmanship before he took office; Bacon s Essayes, Gibbon s writings on Jews, and Tocqueville on Edmund Burke; and finally Judah Halevi s Kuzari, and Maimonides s Guide of the Perplexed. Lerner presents his essays as experiments that challenge our current habits of reading which, especially in the case of such difficult texts, usually involve a hasty dismissal of whatever is deemed irrelevant and superficial. His aim is to show that such dismissal is almost always an error fatal to gaining a better insight into an author s intent. The antidote, he argues, is to read slowly and naively, paying particular attention to passages where the prose becomes self-conscious, impassioned, and idiosyncratic. It is in these passages, Lerner claims, that we can see a pattern which once it has been discerned appears to have been laying out in plain sight all along. Lerner is especially concerned to untangle surface questions such as the unity of opening and closing, the treatment of significant but not obviously thematic subjects, the surprising choice of a foil for one s argument, and a work s structure and organization. A central issue that animates each of the essays is the question of the author s intended effect on his audiences. Ultimately the plain but barely stated message of all these heterogeneous texts is that notwithstanding our limited understanding and finite powers, we are not absolved, individually or collectively, from confronting and mitigating as best we can the difficulties and dangers that life on earth poses to our flourishing."
Author : John Lie
Publisher : Univ of California Press
Page : 395 pages
File Size : 55,5 Mb
Release : 2011-04
Category : History
ISBN : 9780520289789
"[A] most impressive achievement by an extraordinarily intelligent, courageous, and—that goes without saying—'well-read' mind. The scope of this work is enormous: it provides no less than a comprehensive, historically grounded theory of 'modern peoplehood,' which is Lie’s felicitous umbrella term for everything that goes under the names 'race,' 'ethnicity,' and nationality.'" Christian Joppke, American Journal of Sociology "Lie's objective is to treat a series of large topics that he sees as related but that are usually treated separately: the social construction of identities, the origins and nature of modern nationalism, the explanation of genocide, and racism. These multiple themes are for him aspects of something he calls 'modern peoplehood.' His mode of demonstration is to review all the alternative explanations for each phenomenon, and to show why each successively is inadequate. His own theses are controversial but he makes a strong case for them. This book should renew debate." Immanuel Wallerstein, Yale University and author of The Decline of American Power: The U.S. in a Chaotic World
Author : Michael J. Balboni,Tracy A. Balboni
Publisher : Oxford University Press
Page : 304 pages
File Size : 41,7 Mb
Release : 2018-09-18
Category : Medical
ISBN : 9780199325771
Spiritual sickness troubles American medicine. Through a death-denying culture, medicine has gained enormous power-an influence it maintains by distancing itself from religion, which too often reminds us of our mortality. As a result of this separation of medicine and religion, patients facing serious illness infrequently receive adequate spiritual care, despite the large body of empirical data demonstrating its import to patient meaning-making, quality of life, and medical utilization. This secular-sacred divide also unleashes depersonalizing, social forces through the market, technology, and legal-bureaucratic powers that reduce clinicians to tiny cogs in an unstoppable machine. Hostility to Hospitality is one of the first books of its kind to explore these hostilities threatening medicine and offer a path forward for the partnership of modern medicine and spirituality. Drawing from interdisciplinary scholarship including empirical studies, interviews, history and sociology, theology, and public policy, the authors argue for structural pluralism as the key to changing hostility to hospitality.