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Epistemology and Ontology
  • Language: de
  • Pages: 182

Epistemology and Ontology

  • Categories: Law

Inhalt Kurt Seelmann: Vorwort Bernard Baertscchi: La dignite de l'homme et l'integrite de la personnne Quelques precisions conceptuelles Mario A. Cattaneo: Menschenwurde bei Kant Horst Dreier: Bedeutung und systematische Stellung der Menschenwurde im deutschen Grundgesetz Christoph Enders: Die Menschenwurde als Recht auf Rechte - die missverstandene Botschaft des Bonner Grundgesetzes George P. Fletcher: In Search of Absolutes: Human Dignity and its Biblical Roots Otto Lagodny: Menschenwurde im Strafrecht - am Beispiel der grundrechtlichen Legitimation staatlichen Strafens Gerhard Luf: Menschenwurde in der Philosophie des Deutschen Idealismus Philippe Mastronardi: Verrechtlichung der Menschenwurde - Transformation zwischen Religion, Ethik und Recht Mototsugu Nishino: Menschenwurde als Rechtsbegriff in Japan Rainer J. Schweizer / Franziska Sprecher: Menschenwurde im Volkerrecht Werner Wolbert: Menschenwurde als Anspruch und Beschrankung

Human Rights, Minority Rights, Women's Rights
  • Language: de
  • Pages: 276

Human Rights, Minority Rights, Women's Rights

Inhalt: G.-G. Grau: Macht, Recht und Moral bei Nietzsche S. Goyard-Fabre: Comment le droit a detruit le droit P. Valadier: Nietzsche et la noblesse du droit H. Kerger: Verhaltnis von normativer Regel und Handlungsrationalitat bei Nietzsche H. Thuring: Das Gedachtnis als Grund und Abgrund des Rechts bei Friedrich Nietzsche B. Chul Han: Liebe und Gerechtigkeit bei F. Nietzsche B. Himmelmann: Gleichheit und Differenz: Nietzsches Gerechtigkeitsbegriff im Licht einer aktuellen Debatte A. U. Sommer: aWisset ihr nicht, dass wir uber die Engel richten werden'o Nietzsches antichristlicher Schauprozess W. Schild: Zwischen triebhafter Rache und autonomer Selbstbestrafung. Die Dimensionen des Strafrecht...

Natural and Political Conceptions of Community
  • Language: en
  • Pages: 322

Natural and Political Conceptions of Community

  • Type: Book
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  • Published: 2019-02-04
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  • Publisher: BRILL

Natural and Political Conceptions of Community demonstrates how the early modern Jesuits recruited the household community when reflecting on the political community, integrating an account of human nature with a notion of politics as the sphere of law, rights, and virtues.

The Idea of Justice in Literature
  • Language: en
  • Pages: 214

The Idea of Justice in Literature

  • Type: Book
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  • Published: 2018-05-07
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  • Publisher: Springer

The theme arises from the legal-academic movement "Law and Literature". This newly developed field should aim at two major goals, first, to investigate the meaning of law in a social context by questioning how the characters appearing in literary works understand and behave themselves to the law (law in literature), and second, to find out a theoretical solution of the methodological question whether and to what extent the legal text can be interpreted objectively in comparison with the question how literary works should be interpreted (law as literature). The subject of justice and injustice has been covered not only in treatises of law and philosophy, but also in many works of literature: On the one hand, poets and writers have been outraged at the social conditions of their time. On the other hand, some of them have also contributed fundamental reflections on the idea of justice itself.

Law and Religion
  • Language: en
  • Pages: 281

Law and Religion

Wim Decockcollects contributions by internationally renowned experts in law, history and religion on the impact of the Reformations on law, jurisprudence and moral theology. The overall impression conveyed by the essays is that on the level of substantive doctrine (the legal teachings) there seems to be more continuity between Protestant and Catholic, or, for that matter, between medieval and early modern jurisprudence and theology than usually expected. As it is illustrated with regards to topics ranging from just war doctrine over business ethics to marriage law, at the very least there appears to have been an on-going conversation between jurists and theologians across the confessional divide. This does not prevent some contributions from highlighting that on the institutional level, for instance in university politics, radical tensions between Reformers and Counter-Reformers played a paramount role. This book also offers approaches to the relationship between Church(es) and State(s) in the early modern period and to the practical as well as doctrinal use of natural law in both Protestant and Catholic lands.

The Oxford Handbook of Criminal Law
  • Language: en
  • Pages: 1233

The Oxford Handbook of Criminal Law

  • Categories: Law

This book deals with various aspects of criminal law, including its relationship to a wide range of disciplines such as philosophy, sociology, and technology. It first considers a range of approaches and methods used in the analysis of criminal law, including economics, feminist studies, critical race theory, criminology, history, and literature. It then traces the origins of modern criminal law to medieval canon law and examines indigenous legal traditions before discussing the collapse of pre-modern criminal justice and the transition to modernity. The book also reviews the general principles of criminal liability; topics covered include constitutional criminal law, actus reus, mens rea, corporate criminal liability, consent, self-defense, necessity, duress, insanity and intoxication, as well as jurisdiction and sentencing. Different types of crimes are analyzed, including public welfare offenses, inchoate crimes, offenses against the person and against sexual autonomy, property offenses, drug offenses, regulatory offenses, and terrorism. Throughout, the book takes a broadly comparative and contextual approach that regards criminal law as a global discipline.

Future T/Issues
  • Language: en
  • Pages: 491

Future T/Issues

Transplant practices are discussed in the medical realm, in fictional texts and in popular advertisement. Yet how do these sectors intersect and influence each other? How can the accounts of surgeons invested in transplant practice be brought into conversation with fictional voices? Future T/Issues positions transplantation at the intersection of natural science and the humanities and adds to the discussion of organ transplantation by focusing on one specific aspect that is commonly overlooked: the idea of speculation. By engaging with speculative fiction in conversation with life writing, it contributes to a more thorough understanding of transplantation as a cultural practice, showcasing t...

Hegel's Political Philosophy
  • Language: en
  • Pages: 208

Hegel's Political Philosophy

To scholars of Western intellectual history Hegel is one of the most important of all political thinkers, but politicians and other "down-to-earth" persons see his speculative philosophy as far removed from their immediate concerns. Put off by his difficult terminology, many participants in practical politics may also believe that Hegel's idealism unduly legitimates the status quo. By examining his justification of legal punishment, this book introduces a Hegel quite different from these preconceptions: an acute critic of social practices. Mark Tunick draws on recently published but still untranslated lectures of Hegel's philosophy of right to take us to the core of Hegel's political thought...

New Technologies and Human Rights
  • Language: en
  • Pages: 352

New Technologies and Human Rights

  • Categories: Law
  • Type: Book
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  • Published: 2016-05-13
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  • Publisher: Routledge

Whilst advances in biotechnology and information technology have undoubtedly resulted in better quality of life for mankind, they can also bring about global problems. The legal response to the challenges caused by the rapid progress of technological change has been slow and the question of how international human rights should be protected and promoted with respect to science and technology remains unexplored. The contributors to this book explore the political discourse and power relations of technological growth and human rights issues between the Global South and the Global North and uncover the different perspectives of both regions. They investigate the conflict between technology and human rights and the perpetuation of inequality and subjection of the South to the North. With emerging economies such as Brazil playing a major role in trade, investment and financial law, the book examines how human rights are affected in Southern countries and identifies significant challenges to reform in the areas of international law and policy.

German Idealism and the Concept of Punishment
  • Language: en
  • Pages: 225

German Idealism and the Concept of Punishment

  • Categories: Law

Examines the views of the German Idealists on punishment, and traces their gradual move in favour of deterrence and resocialisation.