force and freedom kant s legal and political philosophy

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Freedom And Force

Author : Sari Kisilevsky
ISBN : 9781782253068
Genre : Law
File Size : 33. 96 MB
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This collection of essays takes as its starting point Arthur Ripstein's Force and Freedom: Kant's Legal and Political Philosophy, a seminal work on Kant's thinking about law, which also treats many of the contemporary issues of legal and political philosophy. The essays offer readings and elucidations of Ripstein's thought, dispute some of his claims and extend some of his themes within broader philosophical contexts, thus developing the significance of Ripstein's ideas for contemporary legal and political philosophy. All of the essays are contributions to normative philosophy in a broadly Kantian spirit. Prominent themes include rights in the body, the relation between morality and law, the nature of coercion and its role in legal obligation, the role of indeterminacy in law, the nature and justification of political society and the theory of the state. This volume will be of interest to a wide audience, including legal scholars, Kant scholars, and philosophers with an interest in Kant or in legal and political philosophy.

Force And Freedom

Author : Arthur Ripstein
ISBN : 9780674054516
Genre : Philosophy
File Size : 38. 96 MB
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In this masterful work, both an illumination of Kant's thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant's political philosophy. In addition to providing a clear and coherent statement of the most misunderstood of Kant's ideas, Ripstein also shows that Kant's views remain conceptually powerful and morally appealing today.

Philosophical Foundations Of Human Rights

Author : Rowan Cruft
ISBN : 9780199688630
Genre : Law
File Size : 21. 52 MB
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Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics

Kant And Colonialism

Author : Katrin Flikschuh
ISBN : 9780191034114
Genre : Political Science
File Size : 88. 59 MB
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This is the first book dedicated to a systematic exploration of Kant's position on colonialism. Bringing together a team of leading scholars in both the history of political thought and normative theory, the chapters in the volume seek to place Kant's thoughts on colonialism in historical context, examine the tensions that the assessment of colonialism produces in Kant's work, and evaluate the relevance of these reflections for current debates on global justice and the relation of Western political thinking to other parts of the world.

Private Law And The Rule Of Law

Author : Lisa M Austin
ISBN : 9780191045578
Genre : Law
File Size : 73. 43 MB
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The rule of law is widely perceived to be a public law doctrine, concerned with the way in which governmental authority conforms to the dictates of law. The goal of this book is to challenge this presumption. The chapters in this volume all consider the idea that the rule of law concerns the nature of law generally and the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law. Addressing two major questions, they ask if our understanding of the rule of law is enriched by considering how and to what degree it is expressed or realized in private law, and whether our understanding of the private law is enriched by adding the principles of the rule of law to the traditional list of core private law concepts. Bringing together leading philosophers of private and public law, this volume examines key questions in a little-explored field, and will be essential reading for all those interested in the rule of law and in private law theory.

Criminalization

Author : R A Duff
ISBN : 9780191043369
Genre : Law
File Size : 85. 59 MB
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The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The fourth book in the series examines the political morality of the criminal law, exploring general principles and theories of criminalization. Chapters provide accounts of the criminal law in the light of ambitious theories about moral and political philosophy - republicanism and contractarianism, or reflect upon on the success of important theories of criminalization by viewing them in a novel light. Ideas that are fundamental to any complete theory of the criminal law - liberty, harm, and the effect on victims - are investigated in depth. Sociological investigation of the criminal law grounds a critical investigation into the principles of criminalization, both as a legislative matter, and with respect to criminalization practices, in contemporary and historical contexts. The volume broadens our conceptions of the theory of criminalization, and clarifies the role of the series in the development of this theory. It is essential reading for all interested in legal, political, and social theories of criminalization.

Kant Groundwork Of The Metaphysics Of Morals

Author : Immanuel Kant
ISBN : 9781107008519
Genre : Philosophy
File Size : 82. 30 MB
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The revised edition of the Cambridge translation of one of the most powerful texts in the history of ethical thought.

Philosophical Foundations Of Fiduciary Law

Author : Andrew S. Gold
ISBN : 9780191005299
Genre : Law
File Size : 71. 92 MB
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Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between private and public law, inasmuch as they figure prominently in public governance. Indeed, there is even a storied tradition of thinking of the authority of the state in fiduciary terms. Notwithstanding its importance, fiduciary law has been woefully under-analysed by legal theorists. Filling this gap with a series of chapters by leading theorists, this book includes chapters on: the nature of fiduciary relationships, the connection between fiduciary duties and morality, the content and significance of fiduciary loyalty, the economic significance of fiduciary law, the application of fiduciary principles to public law and international law, the import of fiduciary relationships to theories of authority, and various other fundamental topics in the field. In many cases, new and important questions are raised by the book's chapters. Indeed, this book not only offers a much-needed theoretical assessment of fiduciary topics, it defines the field going forward, setting an agenda for future philosophical study of fiduciary law.

The Constitution Of The Criminal Law

Author : R. A. Duff
ISBN : 9780191655289
Genre : Law
File Size : 82. 52 MB
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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.

Debating Brain Drain

Author : Gillian Brock
ISBN : 9780190237141
Genre : Philosophy
File Size : 57. 68 MB
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Many of the best and brightest citizens of developing countries choose to emigrate to wealthier societies, taking their skills and educations with them. What do these people owe to their societies of origin? May developing societies legitimately demand that their citizens use their skills to improve life for their fellow citizens? Are these societies ever permitted to prevent their own citizens from emigrating? These questions are increasingly important, as the gap between rich and poor societies widens, and as the global migration of skilled professionals intensifies. This volume addresses the ethical rights and responsibilities of such professionals, and of the societies in which they live. Gillian Brock and Michael Blake agree that the phenomenon of the brain drain is troubling, but offer distinct arguments about what might be permissibly done in response to this phenomenon.

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