justice and the slaughter bench essays on law s broken dialectic

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Justice And The Slaughter Bench

Author : Alan Norrie
ISBN : 9781317355519
Genre : Law
File Size : 26. 32 MB
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In this follow-up to Law and the Beautiful Soul, Alan Norrie addresses the split between legal and ethical judgment. Shaped by history, law’s formalism both eschews and requires ethics. The first essays consider legal form in its practical aspect, and the ethical problems encountered (‘law’s architectonic’). The later essays look at the complex underlying relation between law and ethics (‘law’s constellation’). In Hegel’s philosophy, legal and ethical judgment are brought together in a rational totality. Here, the synthesis remains unachieved, the dialectic systematically ‘broken’. These essays cover such issues as criminal law’s ‘general part’, homicide reform, self-defence, euthanasia, and war guilt. They interrogate legal problems, consider law’s method, and its place in the social whole. The analysis of law’s historicity, its formalism and its relation to ethics contributes importantly to central questions in law, legal theory and criminal justice.

The Preventive Turn In Criminal Law

Author : Henrique Carvalho
ISBN : 9780191057762
Genre : Law
File Size : 25. 69 MB
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Through a theoretical examination of the preventive turn in criminal law and justice which has gained momentum in Anglo-American criminal justice systems since the late-twentieth century, The Preventive Turn in Criminal Law demonstrates how recent transformations in criminal law and justice are intrinsically related to and embedded in the way liberal society and liberal law have been imagined, developed, and conditioned by its social, political, and historical context. Henrique Carvalho identifies a tension between the idea of punishment as an expression of individual justice, and prevention as a manifestation of the need for security and the promotion of welfare. Tracing this tension back to an intrinsic ambivalence within the modern conception of individual liberty, which is both repressed and preserved by liberal conceptions of responsibility and punishment, Carvalho proves that as long as this ambivalence remains unexamined, liberal law has the potential to both promote and undermine individual justice. Engaging with the dominant contemporary literature on criminal law, prevention, risk, security, and criminalisation, this volume deploys a theoretical perspective developed through a critical analysis of both classical and contemporary works of social and political theory. The book reveals that the pervasiveness of prevention in 21st century criminal justice systems represents not only the consequence of new and unprecedented features of contemporary politics and society, but also the manifestation of essential aspects of the liberal legal and political tradition.

Law S Judgement

Author : William Lucy
ISBN : 9781509913299
Genre : Law
File Size : 79. 97 MB
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Law's Judgement elucidates and defends a feature of contemporary law that is currently either overlooked or too glibly dismissed as morally troublesome or historically anachronistic. That feature is the abstract nature of law's judgement and its three components show that, when law judges us, it often does so in ignorance of our particular characters and abilities, on the one hand, and in ignorance of our context and circumstances, on the other. Law's judgement is thus insensitive to all or much that makes us the particular people we are. The book explores various connections between this mode of judgement and some of our most important legal and political values. It shows that law's abstract judgement is closely related to important juristic conceptions of personhood, responsibility and impartiality, and that these notions are not without moral significance. The book also examines the connections between modern law's judgement and three of our most important political values, namely, dignity, equality and community. It argues that, if we value particular conceptions of dignity, equality and community, then we must also value law's judgement. Illuminating these connections therefore serves a double purpose: first, it makes a case against those who counsel liberation from law's abstract judgement and, second, it redirects attention to the task of morally evaluating law's abstract judgement in its own terms.

Die Verdammten Dieser Erde

Author : Frantz Fanon
ISBN : 3518371681
Genre : Afrika - Entkolonialisierung
File Size : 76. 30 MB
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Parallaxe

Author : Slavoj Žižek
ISBN : 3518584731
Genre : Philosophy
File Size : 32. 47 MB
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Die Schuldfrage

Author : Karl Jaspers
ISBN : 3492300197
Genre :
File Size : 58. 31 MB
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Immanuel Kant S Prolegomena Zu Einer Jeden K Nftigen Metaphysik

Author : Julius Hermann Kirchmann
ISBN : STANFORD:36105046742271
Genre : Knowledge, Theory of
File Size : 58. 3 MB
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Die Verborgene Tradition

Author : Hannah Arendt
ISBN : UOM:39015012882711
Genre : Jews
File Size : 61. 63 MB
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Das Wilde Denken

Author : Claude Lévi-Strauss
ISBN : 351827614X
Genre : Totemismus - Strukturalismus
File Size : 63. 29 MB
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Geistige Und K Rperliche Arbeit

Author : Alfred Sohn Rethel
ISBN : 352717690X
Genre : Marxian economics
File Size : 53. 52 MB
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