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.
Author: Lukas H. Meyer
Publisher:
ISBN: 0191714844
Category: Culture and law
Page: 282
View: 457
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.
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, ...
Author: Thom Brooks
Publisher: BRILL
ISBN: 9789004262935
Category: Philosophy
Page: 348
View: 364
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.
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 ...
Author: Elisa Novic
Publisher: Oxford University Press
ISBN: 9780191090929
Category: Law
Page: 288
View: 967
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.
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.
Author: Christoph Bezemek
Publisher: Springer
ISBN: 9783319339870
Category: Law
Page: 169
View: 258
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.
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), ...
Author: Samantha Besson
Publisher: Bloomsbury Publishing
ISBN: 9781847310187
Category: Law
Page: 624
View: 651
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.
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.
Author: Peter Langford
Publisher: BRILL
ISBN: 9789004390393
Category: Philosophy
Page: 556
View: 853
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.
Rights, Culture, and the Law — Themes 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 ...
Author: Miodrag A. Jovanović
Publisher: Cambridge University Press
ISBN: 9781107007383
Category: Law
Page: 230
View: 216
A legal-theoretical account of collective rights, grounded in the normative-moral view of 'value collectivism'.
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), ...
Author: Lukas H. Meyer
Publisher: Cambridge University Press
ISBN: 9780521199490
Category: Law
Page: 321
View: 889
"Most chapters in this volume were first presented at a symposium held at the University of Bern in December 2006"--P. ix.
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.
Author: Axel Gosseries
Publisher: Oxford University Press on Demand
ISBN: 9780199282951
Category: Philosophy
Page: 419
View: 199
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.
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 .
Author: Lukas H. Meyer
Publisher: Routledge
ISBN: 9781351927055
Category: Law
Page: 522
View: 785
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.
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, ...
Author: Gerald J. Postema
Publisher: Springer Science & Business Media
ISBN: 9789048189601
Category: Philosophy
Page: 618
View: 662
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.
... 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, ...
Author: Maris Köpcke
Publisher: Bloomsbury Publishing
ISBN: 9781509904280
Category: Law
Page: 176
View: 115
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.
'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 ...
Author: Matthias Klatt
Publisher: Oxford University Press
ISBN: 0199582068
Category: Language Arts & Disciplines
Page: 365
View: 983
Based on a symposium held at New College, Oxford in September 2008.
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.
Author: Andrzej Jakubowski
Publisher: BRILL
ISBN: 9789004312029
Category: Law
Page: 400
View: 570
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.
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, ...
Author: Nicole Roughan
Publisher: Oxford University Press
ISBN: 9780199671410
Category: Law
Page: 262
View: 766
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.
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 ...
Author: Raymond Wacks
Publisher: Oxford University Press, USA
ISBN: 9780198723868
Category: Law
Page: 379
View: 859
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
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.
Author: Jordi Ferrer Beltrán
Publisher: Springer Science & Business Media
ISBN: 9789400760677
Category: Law
Page: 273
View: 125
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.
... 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, ...
Author: John Finnis
Publisher: Oxford University Press
ISBN: 9780199580088
Category: Language Arts & Disciplines
Page: 509
View: 949
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 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.
Author: George Duke
Publisher: Cambridge University Press
ISBN: 9781107120518
Category: Law
Page: 458
View: 271
This volume brings together leading experts on natural law theory to provide perspectives on the nature and foundations of law.
(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 ...
Author: John Eekelaar
Publisher: Oxford University Press
ISBN: 9780198814085
Category: Law
Page: 240
View: 836
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.