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Global Modernity
This book introduces the concept of global modernity as a paradigm for the analysis of the contemporary era. Building on Parson's distinction between social, cultural, personal and organismic systems, it presents a four-dimensional scheme that aims to identify modernity's key structural components.
Thick (Concepts of) Autonomy
This book explores, in rich and rigorous ways, the possibilities and limitations of “thick” (concepts of) autonomy in light of contemporary debates in philosophy, ethics, and bioethics. Many standard ethical theories and practices, particularly in domains such as biomedical ethics, incorporate minimal, formal, procedural concepts of personal autonomy and autonomous decisions and actions. Over the last three decades, concerns about the problems and limitations of these “thin” concepts have led to the formulation of “thick” concepts that highlight the mental, corporeal, biographical and social conditions of what it means to be a human person and that enrich concepts of autonomy, with direct implications for the ethical requirement to respect autonomy. The chapters in this book offer a wide range of perspectives on both the elements of and the relations (both positive and negative) between “thin” and “thick” concepts of autonomy as well as their relative roles and importance in ethics and bioethics. This book offers valuable and illuminating examinations of autonomy and respect for autonomy, relevant for audiences in philosophy, ethics, and bioethics.
Relational Justice
What makes private law private? What is its domain? What are the values it promotes? Relational Justice: A Theory of Private Law addresses these foundational questions in a robust analysis of the key doctrines of private law, including torts, contracts, and restitution. Discarding the vision of private law as a bastion of negative duties of non-interference or efficiency maximization, this book reframes private law in terms of what it calls 'relational justice' - reciprocal respect for self-determination and substantive equality. By vindicating self-determination, private law can forge the horizontal interactions vital to the ability to shape and implement a conception of the good life. By s...
Europe in Law and Literature
Europe is a broad and multifaceted construct, variously understood as a geographical, political, legal, institutional, social, or cultural formation. It is characterized by numerous conflicts and processes of negotiation that have accompanied or sustained the development of normative orders and divergent conceptions of law, both in relation to individual states and to Europe as a whole. The same applies to the field of literature, language, and aesthetics; numerous myths and ideologies have shaped today’s understanding of Europe and still support it today. This volume examines how such processes were legally structured, and literarily addressed, criticized, and complemented. Its interdisci...
Content and Competence
"Jakob Weissinger unpacks a central problem in jurisprudence - the concept of rights - by examining other core concepts of normative practice and how they are interwoven. The result is a stand-alone theory which fundamentally questions established approaches."--
Towards a Sociology of the Open Society
This book applies the general theory of critical rationalism in order to develop a new sociology of the open society, in general, and a new analysis of the transition from a closed society to an open society in particular. It presents a criticism of Karl Popper’s analysis of human action for opening up a closed society, followed by a critical study of the mainstream sociology to show how justificational models of knowledge and rational action have prevented sociology from addressing the contribution of human action to social change. This book provides new sociologies of closed and open societies. It argues that in the closed society "a low level" of critical rationality is activated by peo...
Empire of Law
The history of exiles from Nazi Germany and the creation of the notion of a shared European legal tradition.
The Guardian of the Constitution
The first English translation of Hans Kelsen's and Carl Schmitt's debate on the 'Guardian of the Constitution'.
