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Der Sammelband vereinigt Beiträge vieler renommierter Romanisten zum römischen Sklavenrecht. Vermögensrechtliche Fragen, namentlich des Sondervermögens (peculium) von Sklaven, werden ebenso erörtert wie die soziale Stellung einzelner Sklavengruppen.
English-speaking jurisprudence of the last 100 years has devoted considerable attention to questions of identity and continuity. H.L.A. Hart, Joseph Raz, and many others have sought means to identify and distinguish legal from non-legal social situations, and to explain the enduring legality of those typically dynamic social situations.
Are intellectual property rights a threat to autonomy, global justice, indigenous rights, access to life-saving knowledge and medicines? The essays in this volume examine the justification of patents, copyrights and trademarks in light of the political and moral controversy over TRIPS (the Agreement on Trade-Related Aspects of Intellectual Property Rights). Written by a distinguished international group of experts, this book draws on the latest philosophical work on autonomy, equality, property ownership and human rights in order to explore the moral, political and economic implications of property rights in ideas.
John Finnis is a pioneer in the development of a new yet classically-grounded theory of natural law. His work offers a systematic philosophy of practical reasoning and moral choosing that addresses the great questions of the rational foundations of ethical judgments, the identification of moral norms, human agency, and the freedom of the will, personal identity, the common good, the role and functions of law, the meaning of justice, and the relationship of morality and politics to religion and the life of faith.
This book assembles leading legal, political, and moral philosophers to examine the legacy of the work of Ronald Dworkin. They provide the most comprehensive critical treatment of Dworkin’s accomplishments focusing on his work in all branches of philosophy, including his theory of value, political philosophy, philosophy of international law, and legal philosophy. The book’s organizing principle and theme reflect Dworkin’s self-conception as a builder of a unified theory of value, and the broad outlines of his system can be found throughout the book.
This book argues that punishment’s function is to communicate a message about an offenders’ wrongdoing to society at large. It discusses both ‘paradigmatic’ cases of punishment, where a state punishes its own citizens, and non-paradigmatic cases such as the punishment of corporations and the punishment of war criminals by international tribunals.
The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being.
Law and Aesthetics draws on the work of poets as well as philosophers. Taking as its starting point Shelleys assertion that poets are unacknowledged legislators,the book suggests that there is a way of thinking that, as yet, has not been taken up by those who make use of literary aesthetics to understand law. The book tracks this aesthetic thinking through the failures of critical legal studies and stages an encounter with psychoanalysis, before suggesting that an aesthetics of law can be exhumed from Nietzsches work.
The received view on the nature of legal authority contains the idea that a sound account of legitimate authority will explain how a legal authority has a right to command and the addressee a duty to obey. The received view fails to explain, however, how legal authority truly operates upon human beings as rational creatures with specific psychological makeups. This book takes a bottom-up approach, beginning at the microscopic level of agency and practical reason, and continues on to the justificatory framework of authority.
This volume features fourteen essays that examine the works of key figures within the phenomenological movement in a clear and accessible way. It presents the fertile, groundbreaking, and unique aspects of phenomenological theorizing against the background of contemporary debate about social ontology and collective intentionality.The expert contributors explore the insights of such thinkers as Martin Heidegger, Edmund Husserl, Adolf Reinach, and Max Scheler. Readers will also learn about other sources that, although almost wholly neglected by historians of philosophy, testify to the vitality of the phenomenological tradition.
Cognitive neuroscientists have deepened our understanding of the complex relationship between mind and brain and complicated the relationship between mental attributes and law. New arguments and conclusions based on functional magnetic resonance imaging (fMRI), electroencephalography (EEG), and other increasingly sophisticated technologies are being applied to debates and processes in the legal field, from lie detection to legal doctrine surrounding criminal law, including the insanity defense to legal theory.I
This is the inaugural volume of Oxford Studies in Political Philosophy. Since its revival in the 1970s political philosophy has been a vibrant field in philosophy, one that intersects with jurisprudence, normative economics, political theory in political science departments, and just war theory. OSPP aims to publish some of the best contemporary work in political philosophy and these closely related subfields.
This first volume features eleven papers and an introduction. The papers address a range of central topics and represent cutting edge work in the field.
The terrorist attacks occurred in the United States on 11 September 2001 have profoundly altered and reshaped the priorities of criminal justice systems around the world. Atrocities like the 9/11 attacks, the Madrid train bombings of March 2003, and the terrorist act to the United Kingdom of July 2005 threatened the life of democratic nations.
The present work is a fair record of work I’ve done on the fallacies and related matters in the fifteen years since 1986. The book may be seen as a sequel to Fallacies: Selected papers 1972-1982, which I wrote with Douglas Walton, and which appeared in 1989 with Foris. This time I am on my own. Douglas Walton has, long since, found his own voice, as the saying has it; and so have I. Both of us greatly value the time we spent performing duets, but we also recognize the attractions of solo work. If I had to characterize the difference that has manifested itself in our later work, I would venture that Walton has strayed more, and I less, from what has come to be called the Woods-Walton Approach to the study of fallacies.
What makes something a human right? What is the relationship between the moral foundations of human rights and human rights law? What are the difficulties of appealing to human rights?This book offers the first comprehensive survey of current thinking on the philosophical foundations of human rights. Divided into four parts, this book focusses firstly on the moral grounds of human rights, for example in our dignity, agency, interests or needs. Secondly, it looks at the implications that different moral perspectives on human rights bear for human rights law and politics.
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