Rights, Culture, and the Law

Themes from the Legal and Political Philosophy of Joseph Raz

Author: Lukas H. Meyer,Stanley L. Paulson,Thomas Winfried Menko Pogge

Publisher: Courier Corporation

ISBN: 9780199248254

Category: Law

Page: 282

View: 486

The 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, the value of equality, incommensurability, harm, group rights, and multiculturalism. James Griffin and Yael Tamir raise questions concerning Raz's notion of group rights and its application to claims of cultural and political autonomy, while Will Kymlicka and Bernhard Peters examine Raz's theory of multicultural society. Lukas Meyer investigates the applicability of the notion ofharm in the intergenerational context. Other papers are devoted to fundamental theoretical tenets of Raz's work. Hillel Steiner and Andrei Marmor examine Raz's account of value pluralism and incommensurability in light of what these authors consider to be goods whose equal distribution must bevalued for its own sake. Robert Alexy and Timothy Endicott discuss traditional issues of jurisprudence and legal philosphy with special attention to Raz's contribution. Rudiger Bittner, Bruno Celano, and J. E. Penner discuss and criticize aspects of Raz's theory of practical reason. Jeremy Waldronpresents a critique of Raz's interpretation of authority.This volume concludes with a chapter by Joseph Raz in which he responds to arguments in the foregoing essays.

Die Herausbildung normativer Ordnungen

Interdisziplinäre Perspektiven

Author: Rainer Forst,Klaus Günther

Publisher: Campus Verlag

ISBN: 3593392763

Category: Philosophy

Page: 267

View: 7144

Wie kommt es, dass sich Menschen an normative Ordnungen halten, und aus welchen Normen bestehen diese? Die Frage nach deren bindender Kraft beleuchten die philosophischen Beiträge dieses Bandes. Ergänzend wird aus historischer Sicht untersucht, wie sich unterschiedliche Rechtfertigungsweisen von Ordnungen entwickelt haben. Der Konstruktion neuer internationaler Rechtsordnungen gehen die rechtswissenschaftlichen Beiträge nach. Aus politikwissenschaftlicher Perspektive wird schließlich gezeigt, auf welchen Prinzipien die institutionelle Gestaltung unserer politischen Welt beruht beziehungsweise beruhen sollte.

Hillel Steiner and the Anatomy of Justice

Themes and Challenges

Author: Stephen De Wijze,Matthew H. Kramer,Ian Carter

Publisher: Routledge

ISBN: 1135218552

Category: Philosophy

Page: 320

View: 5028

Throughout the English-speaking world, and in the many other countries where analytic philosophy is studied, Hillel Steiner is esteemed as one of the foremost contemporary political philosophers. This volume is designed as a festschrift for Steiner and as an important collection of philosophical essays in its own right. The editors have assembled a roster of highly distinguished international contributors, all of whom are eager to pay tribute to Steiner by focusing on topics on which he himself has concentrated. Some of the contributors engage directly with Steiner's work, whereas others focus not directly on his writings but instead grapple with issues that have figured prominently therein. Each essay seeks to advance the debates in which Steiner himself has so notably participated. The study concludes with a response by Steiner himself.

International Law as the Law of Collectives

Toward a Law of People

Author: Dr John R Morss

Publisher: Ashgate Publishing, Ltd.

ISBN: 1472400798

Category: Law

Page: 168

View: 5981

This book is concerned with how we can make sense of the confusing landscape of individualistic explanation in international law. Arguing that international law lacks the vocabulary to deal with the collective dimension and therefore perpetuates an individualistic vocabulary, the book develops and articulates a more appropriate collective approach for public international law. In doing so, it reframes longstanding problems such as the conflict between self-determination and the integrity of states and the effects and the limits of state sovereignty in an increasingly globalized world. Presenting fresh perspectives on a range of contemporary issues in international law, the book draws on the work of major contributors to legal and political theory.

The Language of Liberal Constitutionalism

Author: Howard Schweber

Publisher: Cambridge University Press

ISBN: 1139462598

Category: Philosophy

Page: N.A

View: 3141

This book explores two basic questions regarding constitutional theory. First, in view of a commitment to democratic self-rule and widespread disagreement on questions of value, how is the creation of a legitimate constitutional regime possible? Second, what must be true about a constitution if the regime that it supports is to retain its claim to legitimacy? Howard Schweber shows that the answers to these questions appear in a theory of constitutional language that combines democratic theory with constitutional philosophy. The creation of a legitimate constitutional regime depends on a shared commitment to a particular and specialized form of language. Out of this simple observation, Schweber develops arguments about the characteristics of constitutional language, the necessary differences between constitutional language and the language of ordinary law or morality, as well as the authority of officials such as judges to engage in constitutional review of laws.

How Groups Matter

Challenges of Toleration in Pluralistic Societies

Author: Gideon Calder,Magali Bessone,Federico Zuolo

Publisher: Routledge

ISBN: 1135085064

Category: Social Science

Page: 252

View: 8590

When groups feature in political philosophy, it is usually in one of three contexts: the redressing of past or current injustices suffered by ethnic or cultural minorities; the nature and scope of group rights; and questions around how institutions are supposed to treat a certain specific identity/cultural/ethnic group. What is missing from these debates is a comprehensive analysis of groups as both agents and objects of social policies. While this has been subject to much scrutiny by sociologists and social psychologists, it has received less attention from a normative and philosophical point of view. This volume asks: what problems are posed to political philosophy by a collection of individuals who act or are treated in a collective way? Focusing not only on ways in which institutions should treat groups, but also on the normative implications of considering groups as possible social agents, when acting either in vertical relations with the state or in horizontal relations with other groups (or individuals), this book explores these issues from both theoretical and practical perspectives. Contributors address both the nature of political and social philosophy itself, and the ways in which specific issues – affirmative action, race, religion and places of worship, the rights of states – have become political and social priorities.

Intellectual Property, Traditional Knowledge and Cultural Property Protection

Cultural Signifiers in the Caribbean and the Americas

Author: Sharon B. Le Gall

Publisher: Routledge

ISBN: 1136026649

Category: Law

Page: 208

View: 1409

International developments since the mid-1990s have signalled an awareness of the importance and validity of traditional knowledge and cultural property. The adoption of the Convention on Biological Diversity, and the establishment of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore demonstrate an emerging trend towards the recognition of the rights of communities and the importance of culture in shaping international law and policy. This book examines how developments to protect collectively held knowledge transpose to circumstances which may not meet the usually understood criteria of what is considered to be an indigenous or traditional group. This includes communally derived cultural products which have emerged out of communities and subsequently formed a part of the national or popular culture. The book considers the steel pan of Trinidad and Tobago, punta rock music from Belize, Brazilian capoeira, and the cajón of Peru as key cases studies of this. By exploring the impact of past and recent international developments to protect traditional knowledge, Sharon Le Gall highlights a category of cultural signifiers which lies outside the scope of intellectual property protection, as well as the protection proposed for traditional knowledge and advocated for intangible cultural property. The book proposes a reinterpretation of Joseph Raz’s interest theory of group rights in order to accommodate the rights advocated for collectively derived cultural signifiers on the basis of their value as symbols of identity. In doing so, Le Gall offers an original account of how those signifiers, which may not be described as exclusively ‘traditional’ or ‘indigenous’ and held in ways which are not ‘traditional’ or ‘customary’, may be accommodated in emerging traditional knowledge laws.

Community and Collective Rights

A Theoretical Framework for Rights Held by Groups

Author: Dwight Newman

Publisher: Bloomsbury Publishing

ISBN: 1847317782

Category: Law

Page: 260

View: 5322

This book presents an argument for the existence of moral rights held by groups and a resulting account of how to reconcile group rights with individual rights and with the rights of other groups. Throughout, the author shows applications to actual legal and political controversies, thus tying the normative theory to actual legal practice. The author presents collective moral rights as an underlying normative explanation for various legal norms protecting group rights in domestic and international legal contexts. Examples at issue include rights held by indigenous peoples, by trade unions, and by religious and cultural minority groups. The account also bears on contemporary discussions of multiculturalism and recognition, on debates about reasonable accommodation of minority communities, and on claims for third generation human rights. The book will thus be relevant both to theorists and to legal and human rights practitioners interested in related areas.

The Morality of Conflict

Reasonable Disagreement and the Law

Author: Samantha Besson

Publisher: Hart Pub Limited


Category: Law

Page: 601

View: 7259

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.

The Authority of Law

Essays on Law and Morality

Author: Joseph Raz

Publisher: Oxford University Press, USA


Category: Law

Page: 340

View: 3198

This classic collection of essays, first published in 1979, has had an enduring influence on philosophical work on the nature of law and its relation to morality. Raz begins by presenting an analysis of the concept of authority and what is involved in law's claim to moral authority. He then develops a detailed explanation of the nature of law and legal systems, presenting a seminal argument for legal positivism. Within this framework Raz then examines the areas of legal thought that have been viewed as impregnated with moral values - namely the social functions of law, the ideal of the rule of law, and the adjudicative role of the courts. The final part of the book is given to understanding the proper moral attitude of a citizen towards the law. Raz examines whether the citizen is under a moral obligation to obey the law and whether there is a right to dissent. Two appendices, added for the revised edition, develop Raz's views on the nature of law, offering a further dialogue with the work of Hans Kelsen, and a reply to Robert Alexy's criticisms of legal positivism. This revised edition makes accessible one of the classic works of modern legal philosophy, and represents an ideal companion to Raz's new collection, Between Authority and Interpretation.

Understanding Jurisprudence

An Introduction to Legal Theory

Author: Raymond Wacks

Publisher: Oxford University Press, USA

ISBN: 9780199532124

Category: Law

Page: 392

View: 1748

The concept of law lies at the very heart of social and political life. Universal principles like justice, rights, and morality can not be fully understood without us thinking about the role that law plays and the purpose behind our legal systems and institutions. Understanding Jurisprudenceopens up these challenging concepts to provide an engaging introduction to legal theory. The book guides the reader through the intriguing nature of jurisprudence and explores the central ideas and theories that continue to be hotly debated to this day.An experienced teacher of jurisprudence and distinguished writer in the field, Raymond Wacks adopts an approach that is easy to follow and understand without avoiding any of the complexities and subtleties of the subject. Students of law, politics, philosophy, and other social sciences will findthis an ideal starting point in their study of legal theory.Online Resource CentreAn online resource centre provides:Web links to useful sitesQuestions and answersFurther reading, including links to journal articlesBroader discussion of issues raised in the textAnalysis of current controversies of a jurisprudential nature such as news events and political debatesTwo additional chapters providing tips and advice on the study of jurisprudenceA glossary of terms

Protection of Cultural Diversity from a European and International Perspective

Author: Hildegard Schneider,Peter van den Bossche

Publisher: Intersentia Uitgevers N V


Category: Law

Page: 379

View: 4410

"The Faculty of Law of Maastricht University, in cooperation with the Boekman Foundation, Amsterdam, organized on 18 and 19 March 2007 an international conference on the protection of cultural diversity from an international and European perspective. ... This book contains contributions reflecting the discussions and conclusions reached at this conference"--Preface.

On Human Rights

Author: James Griffin

Publisher: OUP Oxford


Category: Philosophy

Page: 360

View: 1544

What is a human right? How can we tell whether a proposed human right really is one? How do we establish the content of particular human rights, and how do we resolve conflicts between them? James Griffin offers answers in his compelling new investigation of human rights.

Panel discussion and collected essays

are journalists privileged?

Author: Benjamin N. Cardozo School of Law

Publisher: N.A


Category: Language Arts & Disciplines

Page: 424

View: 1454


Universal Minority Rights?

A Transnational Approach : Proceedings of the Fifth Kobe Lectures, Tokyo and Kyoto, December 1998

Author: Yasutomo Morigiwa,Fumihiko Ishiyama,Tetsu Sakurai

Publisher: Franz Steiner Verlag

ISBN: 9783515085045

Category: Social Science

Page: 126

View: 7630

"Proceedings of the fifth Kobe lectures, Tokyo and Kyoto, December 1998."--T.p.

When legal worlds overlap

human rights, state and non-state law

Author: International Council on Human Rights Policy

Publisher: N.A


Category: Law

Page: 176

View: 816


The Blackwell Guide to the Philosophy of Law and Legal Theory

Author: Martin P. Golding,William A. Edmundson

Publisher: John Wiley & Sons

ISBN: 0470779861

Category: Philosophy

Page: 368

View: 8665

The Blackwell Guide to the Philosophy of Law and Legal Theory is a handy guide to the state of play in contemporary philosophy of law and legal theory. Comprises 23 essays critical essays on the central themes and issues of the philosophy of law today, written by an international assembly of distinguished philosophers and legal theorists Each essay incorporates essential background material on the history and logic of the topic, as well as advancing the arguments Represents a wide variety of perspectives on current legal theory