Just Law


Book Description

Acute, questioning, humane and passionately concerned for justice, Helena Kennedy is one of the most powerful voices in legal circles in Britain today. Here she roundly challenges the record of modern governments over the fundamental values of equality, fairness and respect for human dignity. She argues that in the last twenty years we have seen a steady erosion of civil liberties, culminating today in extraordinary legislation, which undermines long established freedoms. Are these moves a crude political response to demands for law and order? Or is the relationship between citizens and the state being covertly reframed and redefined?




The Just Law of Compensation


Book Description

1902 Contents: Foreword; General Discussion on the Law of Compensation; Religion & its Effect Upon Human Evolution; a Consideration of the Law of Mind; a Narrative of Personal Experiences with the Law.







Dissidents of Law


Book Description

This title was first published in 2003: The problem of legitimacy and legality is one of the key issues of modern thought and nowhere more intensely debated than in the countries of the former Soviet bloc. Under the communist system, symbols of modern government had been supplemented and changed in order to serve the totalitarian domination of the Party and all spheres of life, including law, were subsumed within this framework of ideological legitimation. Following the anti-communist revolutions of 1989, former communist societies started the historically unprecedented process of transformation from the totalitarian into liberal democratic society, a transformation which has produced much soul-searching and heated debate. In this book, the author sets out to prove that concern with legitimacy belongs neither exclusively to the legal system nor to a political system separated and distanced from the legal system. The topic of legitimacy and legitimation is inseparable from legality and every legitimation eventually looks for its transformation into legal legitimacy.




Plato on Virtue and the Law


Book Description

Ancient philosophy is no longer an isolated discipline. Recent years have seen the development of a dialogue between ancient and contemporary philosophers writing on central issues in moral and political philosophy. The renewed interest in character and virtue as ethical concepts is one such issue, yet Plato's contribution has been largely neglected in contemporary virtue ethics. In Plato on Virtue and the Law, Sandrine Berges seeks to address this gap in the literature by exploring the contribution that virtue ethics make to the understanding of laws alongside the interesting and plausible insights into current philosophical concerns evident in Plato's dialogues. The book argues that a distinctive virtue theory of law is clearly presented in Plato's political dialogues. Through a new reading of the Crito, Menexenus, Gorgias, Republic, Statesman and Laws, Berges shows how Plato proposes several ways in which we can understand the law from the perspective of virtue ethics.




The Routledge Companion to Philosophy of Law


Book Description

The Routledge Companion to the Philosophy of Law provides a comprehensive, non-technical philosophical treatment of the fundamental questions about the nature of law. Its coverage includes law’s relation to morality and the moral obligations to obey the law, the main philosophical debates about particular legal areas such as criminal responsibility, property, contracts, family law, law and justice in the international domain, legal paternalism and the rule of law. The entirely new content has been written specifically for newcomers to the field, making the volume particularly useful for undergraduate and graduate courses in philosophy of law and related areas. All 39 chapters, written by the world’s leading researchers and edited by an internationally distinguished scholar, bring a focused, philosophical perspective to their subjects. The Routledge Companion to the Philosophy of Law promises to be a valuable and much consulted student resource for many years.




Morality


Book Description

In this final revision of the classic work, the author has produced the fullest and most sophisticated account of this influential theoretical model. Here, he makes clear that morality is an informal system that does not provide unique answers to every moral question but does always limit the range of morally acceptable options, and so explains why some moral disagreements cannot be resolved. The importance placed on the moral ideals also makes clear that the moral rules are only one part of the moral system. A chapter that is devoted to justifying violations of the rules illustrates how the moral rules are embedded in the system and cannot be adequately understood independently of it. The chapter on reasons includes a new account of what makes one reason better than another and elucidates the complex hybrid nature of rationality.




The Constitution of the Criminal Law


Book Description

The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.




The Divine Imperative


Book Description

One of the major works of the great German theologian Emil Brunner, The Divine Imperative deals with what we ought to do. People are unconvinced that there is an inviolable moral obligation governing human life because they do not believe that the 'good'can be precisely and clearly known. Haven't some generations called bad what others have called good? Aren't moral standards relative? Doesn't religion lack uniform and practical moral guidance? Brunner discusses the moral confusion we face. He analyses the nature of the Good, showing why the Christian faith as understood by the Protestant Reformers provides the only true approach and answer to the ethical problem. Philosophical ethics, whether ancient or modern, cannot correctly define the Good, becausethe Good is regarded either as too abstract and absolute or as too concrete and relative. Christianity, by contrast, sees the moral problem as one of responsibility between humans who are created so as to respond to God. He created men for responsive fellowship with Him, establishing orderly ways of acting in the world. Correct understanding of the nature of society, family, state, economic life, is needed to discern one's duty. Because Brunner's analysis is at once fundamental and comprehensive, this book remains a fresh and compelling treatment of the moral problem. It offers a provocative discussion and solution of a perennial human problem.