Rights Culture and the Law

This volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: legal positivism and the nature of law, practical reason, authority, group rights and multiculturalism.

Rights  Culture  and the Law

This volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: legal positivism and the nature of law, practical reason, authority, group rights and multiculturalism.

Law and Legal Theory

REVIEW ARTICLE: DEMOCRACY, LAW AND AUTHORITY Samantha Besson L.H. Meyer, S.L. Paulson and T.W. Pogge (eds.), Rights, Culture, and the Law: Themes from the Legal and Political Philosophy of Joseph Raz (Oxford: Oxford University Press, ...

Law and Legal Theory

Law and Legal TheoryEdited by brings together some of the most important essays in the area of the philosophy of law written by leading, international scholars and offering significant contributions to how we understand law and legal theory to help shape future debates.

The Concept of Cultural Genocide

Theory 105; Yael Tamir, 'Against Collective Rights' in Lukas H. Meyer, Stanley Paulson, and Thomas W. Pogge (eds.), Rights, Culture, and the Law: Themes from the Legal and Political Philosophy of Joseph Raz (Oxford; New York: Oxford ...

The Concept of Cultural Genocide

Cultural genocide is the systematic destruction of traditions, values, language, and other elements that make one group of people distinct from another.Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, as exemplified by the discussions before the International Criminal Tribunal for the Former Yugoslavia and also the drafting of the UN Declaration on the Rights of Indigenous Peoples. These discussions have, however, displayed the lack of a uniform understanding of the concept of cultural genocide and thus of the role that international law is expected to fulfil in this regard. The Concept of Cultural Genocide: An International Law Perspective details how international law has approached the core idea underlying the concept of cultural genocide and how this framework can be strengthened and fostered. It traces developments from the early conceptualisation of cultural genocide to the contemporary question of its reparation. Through this journey, the book discusses the evolution of various branches of international law in relation to both cultural protection and cultural destruction in light of a number of legal cases in which either the concept of cultural genocide or the idea of cultural destruction has been discussed. Such cases include the destruction of cultural and religious heritage in Bosnia and Herzegovina, the forced removals of Aboriginal children in Australia and Canada, and the case law of the Inter-American Court of Human Rights in relation to Indigenous and tribal groups' cultural destruction.

The Force of Law Reaffirmed

In L. Meyer, S. Paulson & T. W. Pogge (Eds.) Rights, culture and the law: Themes from the legal and political philosophy of Joseph Raz (pp. 253–273). Oxford: OUP. Raz, J. (2009a). Kelsen's theory of the basic norm.

The Force of Law Reaffirmed

This book examines the success of Frederick Schauer’s efforts to reclaim force as a core element of a general concept of law by approaching the issue from different legal traditions and distinct perspectives. In discussing Schauer’s main arguments, it contributes to answering the question whether force, sanctions and coercion should (or should not) be regarded as necessary elements of the concept of law, and whether legal philosophy should be concerned at all (or exclusively) with necessary or essential properties. While it was long assumed that legal norms are essentially defined by their force, it was H.L.A. Hart who raised doubts about whether law and coercion are necessarily connected, referring to the empowering, or more generally enabling, character exhibited by some legal norms. Prominent scholars following and refining Hart’s argument built an influential case for excluding force as a necessary element of the concept of law. Most recently, however, Frederick Schauer has made a strong case to reaffirm the force of law, shedding new light on this essential question. This book collects important commentaries, never before published, by prominent legal philosophers evaluating Schauer’s substantive arguments and his claims about jurisprudential methodology.

The Morality of Conflict

WALDRON, J (2000E), 'Cultural Identity and Civil Responsibility' in NORMAN/KYMLICKA (eds), Citizenship in Diverse ... Rights, Culture, and the Law: Themes from the Legal and Political Philosophy of Joseph Raz (Oxford University Press), ...

The Morality of Conflict

This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously. Even though the law should be regarded as the primary mode of settlement of our moral conflicts,it can, and should, also be the object and the forum of further moral conflicts. There is more to the rule of law than convergence and determinacy and it is important therefore to question the importance of agreement in law and politics. By addressing in detail issues pertaining to the nature and sources of disagreement, its extent and significance, as well as the procedural, institutional and substantive responses to disagreement in the law and their legitimacy, this book suggests the value of a comprehensive approach to thinking about conflict, which until recently has been analysed in a compartmentalized way. It aims to provide a fully-fledged political morality of conflict by drawing on the analysis of topical jurisprudential questions in the new light of disagreement. Developing such a global theory of disagreement in the law should be read in the context of the broader effort of reconstructing a complete account of democratic law-making in pluralistic societies. The book will be of value not only to legal philosophers and constitutional theorists, but also to political and democratic theorists, as well as to all those interested in public decision-making in conditions of conflict.

Hans Kelsen and the Natural Law Tradition

In Rights, Culture and the Law: Themes from the Legal and Political Philosophy of Joseph Raz, edited by Lukas H. Meyer, Stanley L. Paulson and Thomas W. Pogge, 253–274, (Oxford: Oxford University Press, 2003). Raz, Joseph.

Hans Kelsen and the Natural Law Tradition

Hans Kelsen and the Natural Law Tradition provides the first sustained examination of Hans Kelsen’s critical engagement, itself founded upon a distinctive theory of legal positivism, with the Natural Law Tradition.

Collective Rights

Rights, Culture, and the LawThemes from the Legal and Political Philosophy of Joseph Raz (Oxford University Press, 2003), pp. 229—52. Liberalism, Community, and Culture (Oxford University Press, 1989). Multicultural Citizenship — A ...

Collective Rights

A legal-theoretical account of collective rights, grounded in the normative-moral view of 'value collectivism'.

Legitimacy Justice and Public International Law

Rights, Culture, and the Law. Themes from the Legal and Political Philosophy of Joseph Raz (Oxford University Press, 2003), 45; S. Besson, 'Democracy, Law and Authority' (Review of Lukas Meyer, Stanley Paulson and Thomas Pogge (eds), ...

Legitimacy  Justice and Public International Law

"Most chapters in this volume were first presented at a symposium held at the University of Bern in December 2006"--P. ix.

Intergenerational Justice

Global Inequalities, Special issue of Philosophical Topics 30: 167–228. Rawls, J. (1971), A Theory ... Rights, Culture, and the Law. Themes from the Legal and Political Philosophy of Joseph Raz (Oxford: Oxford University Press), 253–73.

Intergenerational Justice

From combating climate change to ensuring proper funding for future pensions, concerns about ethics between generations are everywhere. In this volume 16 philosophers explore the wide-ranging and diverse topic of intergenerational justice.

Intergenerational Justice

Global Inequalities , Special issue of Philosophical Topics 30 : 167–228 . ... Rights , Culture , and the Law . Themes from the Legal and Political Philosophy of Joseph Raz ( Oxford : Oxford University Press ) , 253-73 .

Intergenerational Justice

The essays selected for this volume show how relations between past, current and future generations have become a major subject of philosophical research since the 1970s. The relations between people alive today with people who may exist in the future and people now deceased, differ from relations between contemporaries and in ways that raise new conceptual, logical and substantive questions. Among the questions addressed in this volume are: what is the status of people now deceased and people who may exist in the future? Can the latter be harmed by the actions of people alive today? What duties of justice do we have towards people with whom we can neither interact nor co-operate, and can people who are indirect victims of past injustices legitimately claim compensation? Answers to these questions are relevant in a number of policy areas, most notably in issues regarding reparations for historical injustice and responding to climate change and its consequences.

A Treatise of Legal Philosophy and General Jurisprudence

Volume 11: Legal Philosophy in the Twentieth Century: The Common Law World Gerald J. Postema. ———. 1998. ... In Rights, Culture, and the Law: Themes from the Legal and Political Philosophy of Joseph Raz. Ed. Lukas H. Meyer, ...

A Treatise of Legal Philosophy and General Jurisprudence

Volume 11, the sixth of the historical volumes of A Treatise of Legal Philosophy and General Jurisprudence, offers a fresh, philosophically engaged, critical interpretation of the main currents of jurisprudential thought in the English-speaking world of the 20th century. It tells the tale of two lectures and their legacies: Oliver Wendell Holmes, Jr.’s “The Path of Law” (1897) and H.L.A. Hart’s Holmes Lecture, “Positivism and the Separation of Law and Morals” (1958). Holmes’s radical challenge to late 19th century legal science gave birth to a rich variety of competing approaches to understanding law and legal reasoning from realism to economic jurisprudence to legal pragmatism, from recovery of key elements of common law jurisprudence and rule of law doctrine in the work of Llewellyn, Fuller and Hayek to root-and-branch attacks on the ideology of law by the Critical Legal Studies and Feminist movements. Hart, simultaneously building upon and transforming the undations of Austinian analytic jurisprudence laid in the early 20th century, introduced rigorous philosophical method to English-speaking jurisprudence and offered a reinterpretation of legal positivism which set the agenda for analytic legal philosophy to the end of the century and beyond. A wide-ranging debate over the role of moral principles in legal reasoning, sparked by Dworkin’s fundamental challenge to Hart’s theory, generated competing interpretations of and fundamental challenges to core doctrines of Hart’s positivism, including the nature and role of conventions at the foundations of law and the methodology of philosophical jurisprudence.

Legal Validity

... on Kelsenian Themes (Oxford, Clarendon Press, 1998) 451–70 ——, 'Comments and Responses' in LH Meyer, SL Paulson and TW Pogge (eds), Rights, Culture and the Law: Themes from the Legal and Political Philosophy of Joseph Raz (Oxford, ...

Legal Validity

Critical human interests are affected on a daily basis by appeal to past decisions deemed to be 'legally valid'. They include statutes, deportation orders, judgments, mortgage contracts, patents and wills. Through the technique of validity, lawyerly reasoning settles morally pressing matters in a way that largely bypasses moral argument. Legal philosophy has paid considerable attention to validity criteria, but it has neglected to explore validity's point: whether, and if so how, the pervasive technique of validity can contribute to a legal system's ability to realise justice and human rights. This book shows that validity can help a political community to foster justice precisely because validity does not primarily turn on moral considerations. Validity serves to both allocate, and limit, a distinct kind of power, a power that is key to forging valuable forms of enterprise and commitment in pursuit of individual and collective self-direction. By entrusting the capacity to decide to those who, in justice, ought to bear it, validity can enable persons and institutions to rally the resources and opportunities that only large-scale behavioural convergence can afford, thereby weaving a fabric of just relationships within the systemic framework of law.

Institutionalized Reason

'The Nature of Arguments about the Nature of Law', in Rights, Culture, and the Law. Themes from the Legal and Political Philosophy of Joseph Raz, ed. Lukas H. Meyer, Stanley L. Paulson, and Thomas W. Pogge (Oxford: Oxford University ...

Institutionalized Reason

Based on a symposium held at New College, Oxford in September 2008.

Cultural Rights as Collective Rights

Tamir, Yael. 'Against Collective Rights' in Meyer Lukas H., Paulson Stanley L. and Pogge Thomas W. (eds), Rights, Culture and the Law. Themes from the Legal and Political Philosophy of Joseph Raz (OUP, 2013). Tavani, Claudia.

Cultural Rights as Collective Rights

Cultural Rights as Collective Rights offers a comprehensive analysis of the conceptualisation and operationalisation of collective cultural rights in distinct areas of international law. It also provides a wide panorama of case-law from every region of the world.

Authorities

Conflicts, Cooperation, and Transnational Legal Theory Nicole Roughan ... in Lukas H Meyer (ed), Rights, Culture and the Law: Themes from the Legal and Political Philosophy of Joseph Raz (Oxford University Press, 2003) Raz, Joseph, ...

Authorities

How can legal authority be explained beyond the sovereign state? Roughan argues that instances of transnational and international law, along with overlapping constitutional orders, should be regarded as having shared, interdependent and relative authority.

Understanding Jurisprudence

Meyer, Lucas H, Paulson, Stanley L, and Pogge Thomas W (eds), Rights, Culture and the Law: Themes from the Legal and Political Philosophy of Joseph Raz (Oxford: Oxford University Press, 2003). Paulson, Stanley L, 'The neo-Kantian ...

Understanding Jurisprudence

With its clear and entertaining writing style, Understanding Jurisprudence is the perfect guide for students new to legal theory and looking for an accessible introduction to the subject. Key theories and theorists are introduced in a compact and easy-to-read format, offering an engaging account of the central ideas without oversimplification. Key quotes from leading scholars are included throughout the text, introducing you to their work and its impact on legal philosophy, while further reading suggestions help you to navigate the broad range of literature available in this area. Each chapter concludes with a series of critical questions designed to encourage you to think analytically about the law and the key ideas and debates which surround it. New to this editionRevised to include the most recent scholarship in several areas of jurisprudence, and to reflect the social and political developments that have influenced the law and legal theoryExpanded chapters on natural law, legal positivism, realism, rights, and theories of justiceNew and enhanced discussions of the rule of law, global justice, virtue ethics, human and animal rights, the economic analysis of law, and postmodernist theoriesUpdated suggested further reading lists and questions at the end of each chapter

Neutrality and Theory of Law

In Rights, culture, and the law. Themes from the legal and political philosophy of Joseph Raz, ed. L.H. Meyer, S.L. Paulson, and T.W. Pogge, 3—16. Oxford: Oxford University Press. Austin, J. [1832/1863] 1954.

Neutrality and Theory of Law

This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. The book is a collection of the papers these philosophers presented at the Conference on Neutrality and Theory of Law, held at the University of Girona, in May 2010. The central question that the conference and this collection seek to answer is: Can a theory of law be neutral? The book covers most of the main jurisprudential debates. It presents an overall discussion of the connection between law and morals, and the possibility of determining the content of law without appealing to any normative argument. It examines the type of project currently being held by jurisprudential scholarship. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law. Moreover, it sheds some light on what can be learned from studying the non-essential features of law. Finally, it analyzes the nature of legal statements and their truth values. This book takes the reader a step further to understanding law.

Philosophy of Law

... and Thomas W. Pogge (eds), Rights, Culture and the Law: Themes from the Legal and Political Philosophy of Joseph Raz (OUP) ——(2009), Between Authority and Interpretation: On the Theory of Law and Practical Reason (OUP) Reid, ...

Philosophy of Law

John Finnis has been a central figure in the development of legal philosophy over the past half-century. This volume of his Collected Essays shows the full range and power of his contributions to core problems in the philosophy of law: the foundations of law's authority; legal reasoning; constitutional theory; and the logic of law-making.

The Cambridge Companion to Natural Law Jurisprudence

The principles of a legal system, taken together, constitute what might be called a 'world of the ideal Ought'.101 The theory of ... In: Rights, Culture, and the Law. Themes from the Legal and Political Philosophy of Joseph Raz, eds.

The Cambridge Companion to Natural Law Jurisprudence

This volume brings together leading experts on natural law theory to provide perspectives on the nature and foundations of law.

Family Law and Personal Life

(1992) 20 Political Theory 105. * See chapter 2, p 33. * Y Tamir, Against Collective Rights in LH Meyer, SL Paulson, and TW Pogge (eds), Rights, Culture, and the Law: Themes from the Legal and Political Philosophy of Joseph Raz (Oxford ...

Family Law and Personal Life

Developments in the law, scholarship, and research since 2006 form a substantial part of the second edition of this book which sets the governance of personal relationships in the context of the exercise of social and personal power. Its central argument is that this power is counterbalanced by the presence of individual rights. This entails an analysis of the nature and deployment of rights, including human rights, and children's rights. Against that background, the book examines the values of friendship, truth, respect, and responsibility, and how the values of individualism co-exist with those of the community in an open society. It argues that central to these values is respecting the role of intimacy in personal relationships. In doing this, a variety of issues are examined, including the legal regulation of married and unmarried relationships, same-sex marriage, state supervision over the inception and exercise of parenthood (including surrogacy and assisted reproductive technology), the role of fault and responsibility in divorce law, children's rights and welfare, religion and family rights, the rights of separated partners regarding property and of separated parents regarding their children, and how states should respond to cultural diversity.