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The notion of “natural law” has repeatedly furnished human beings with a shared grammar in times of moral and cultural crisis. Stoic natural law, for example, emerged precisely when the Ancient World lost the Greek polis, which had been the point of reference for Plato's and Aristotle's political philosophy. In key moments such as this, natural law has enabled moral and legal dialogue between peoples and traditions holding apparently clashing world-views. This volume revisits some of these key moments in intellectual and social history, partly with an eye to extracting valuable lessons for ideological conflicts in the present and perhaps near future. The contributions to this volume disc...
El objetivo prioritario de este libro es el análisis de las tareas decisivas que incumben a los derechos fundamentales de nuestro ordenamiento jurídico.
In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.
This text brings together expert practitioners and scholars in African politics, law, and conflict and peacebuilding to examine the expanding international efforts to promote rule of law in countries emerging from violent conflict, focusing specifically upon experiences in Africa.
Many recent political and economic transformations pose difficult questions of legal and social theory. Yet, although these questions are now raised with new urgency, the basic questions are not new. They have long been central features of legal and social philosophy in its most general form. What principles explain or justify legal institutions or decisions, thereby transforming coercion to authority? Are there or could there be any such universal principles? Can any philosophical theory account for such principles? How, if at all, do philosophical theories of law and politics apply to particular issues? And finally, what, if any, do such practical applications tell us about general theories and principles? The essays in this volume represent the efforts of an international group of scholars to understand these general aspects of legal philosophy.
The Tanner Lectures on Human Values is the annual publication of lectures given at various universities around the world. Established to reflect upon the scholarly and scientific learning relating to human values, the lectureships are international and intercultural, and transcend ethnic, national, religious, and ideological distinctions.
As telecommunications travel to and from satellites in space, they can be monitored - and often are - by crime prevention authorities and others with enabling technology. Inevitably, the laws of privacy and of space intersect. While privacy and the secrecy of telecommunications are widespread concerns of individuals, controlling telecommunications in order to prevent and fight crime is a pervasive concern of governments. The United States, Germany, and the ECHR have employed fundamentally different methods to approach this apparent dilemma. Using discourse theory as a theoretical framework, the author scrutinises these three systems and the effectiveness of the solutions they have employed. She proposes patterns of reasoning which outline the role that the secrecy of telecommunications plays in constitutional democracies and which help to overcome the strains that new technologies inflict on both the need to protect privacy and on the necessity to control telecommunications.