Naturalism and the Frontiers of Legal Science, Tomasz Pietrzykowski

Автор: David Ardagh
Название: The Natural Law Tradition and Belief: Naturalism, Theism, and Religion in Dialogue
ISBN: 1536149632 ISBN-13(EAN): 9781536149630
Издательство: Nova Science
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Цена: 182680.00 T
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Описание: For over twenty centuries, from ancient Greece the ideal of natural law has been appealed to in Western moral and legal philosophy as a grounding for ethics and jurisprudence, centered on capacities of a common human nature. From the early medieval advent of Christendom, it was embedded within theistic and religious systems for over a millennium, during which time it was treated as incomplete and part of an enveloping divine law of ethics. Modern agnosticism in theology, religion, and metaphysics then saw natural law unhitched from these associations, but it is still suspect due to its lingering ties with these disciplines and practices. It endured through its meta-ethical capacity to integrate changes in science with ethics via its central notion of wellbeing as the perfection of human nature, via access to the highest good, however variously understood. Today, nature and human natures wellbeing, are both endangered. Ecological destruction arising from unbridled growth, industrial pollution, nuclear weapons and mass population displacement though poverty and wars threaten humanity. But in terms of the meta-ethics of wellbeing, both the humanist normative ethics of natural law, and some of its enveloping theistic and religious divine law addenda, can be invoked to address such evils. The book aims to reinvigorate natural law as a unifying ethical organon for this purpose, showing that it can dialogue with its enveloping divine law overlays constructively, uncovering its points of essential unity with them, and generating some unified solutions to the global threats mentioned, like poverty. These are largely due to global injustices like tax evasion, the arms trade, and political corruption, which are better prevented by cooperatively agreed and enforced global ideals, norms, and laws, based on natural and divine law, grounding international laws rather than appealing to national norms and laws alone.

Автор: Palazzo, Nausica (hebrew University Of Jerusalem, Israel)
Название: Legal recognition of non-conjugal families
ISBN: 1509939954 ISBN-13(EAN): 9781509939954
Издательство: Bloomsbury Academic
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Цена: 100320.00 T
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Описание:

This book argues that insufficient recognition of new families is a legal problem that needs fixing in light of recent evolutions in family patterns and normative conceptions of 'family'. People increasingly invest in relationships falling outside the model of the marital family, such as non-conjugal unions of friends or relatives, polyamorous relationships and various religious-based families. Despite this, Western jurisdictions retain the marital family as the relevant basis for allocating family law benefits, rights and obligations.

Part I of the book illustrates recent evolutions in family patterns and norms, and explores how law can accommodate multiple family grids without legal recognition involving normalisation. Part II focuses on courtroom litigation on the basis that courts nowadays are central avenues of social change. It takes non-conjugal families as a case study and provides an analysis of the most compelling argumentative strategies that non-conjugal families can mobilise to pursue legal recognition in Canada and the United States, and within the systems of the European Convention of Human Rights and the European Union.

Through its comparative, interdisciplinary and critical legal method, the book provides scholars, activists and policymakers with conceptual tools to tackle the current invisibility of new families. Further, by advancing legal arguments to enhance the protection of non-conjugal families in courtrooms, the book illuminates the different approaches jurisdictions are likely to take and the hindrances thereof to overcome and debunk stereotypes associated with proper familyhood.

Автор: Nausica Palazzo
Название: Legal Recognition of Non-Conjugal Families: New Frontiers in Family Law in the US, Canada and Europe
ISBN: 1509947248 ISBN-13(EAN): 9781509947249
Издательство: Bloomsbury Academic
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Цена: 46450.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book argues that insufficient recognition of new families is a legal problem that needs fixing in light of recent evolutions in family patterns and normative conceptions of ‘family’. People increasingly invest in relationships falling outside the model of the marital family, such as non-conjugal unions of friends or relatives, polyamorous relationships and various religious-based families. Despite this, Western jurisdictions retain the marital family as the relevant basis for allocating family law benefits, rights and obligations. Part I of the book illustrates recent evolutions in family patterns and norms, and explores how law can accommodate multiple family grids without legal recognition involving normalisation. Part II focuses on courtroom litigation on the basis that courts nowadays are central avenues of social change. It takes non-conjugal families as a case study and provides an analysis of the most compelling argumentative strategies that non-conjugal families can mobilise to pursue legal recognition in Canada and the United States, and within the systems of the European Convention of Human Rights and the European Union. Through its comparative, interdisciplinary and critical legal method, the book provides scholars, activists and policymakers with conceptual tools to tackle the current invisibility of new families. Further, by advancing legal arguments to enhance the protection of non-conjugal families in courtrooms, the book illuminates the different approaches jurisdictions are likely to take and the hindrances thereof to overcome and debunk stereotypes associated with proper familyhood.

Автор: Zinaich S. Jr.
Название: Analytical Legal Naturalism
ISBN: 149859879X ISBN-13(EAN): 9781498598798
Издательство: Bloomsbury
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Цена: 84150.00 T
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Описание: This book argues that analytical legal naturalism, which avoids the arbitrary principles associated with legal positivism and the odd properties associated with natural law, is a superior alternative for solving hard legal cases, where no close precedent arises or where conflicting precedents seem relevant.

Автор: Zinaich S. Jr.
Название: Analytical Legal Naturalism
ISBN: 1498598811 ISBN-13(EAN): 9781498598811
Издательство: Bloomsbury
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Цена: 34650.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book argues that analytical legal naturalism, which avoids the arbitrary principles associated with legal positivism and the odd properties associated with natural law, is a superior alternative for solving hard legal cases, where no close precedent arises or where conflicting precedents seem relevant.

Автор: Du Plessis Paul J.
Название: New Frontiers: Law and Society in the Roman World
ISBN: 0748668209 ISBN-13(EAN): 9780748668205
Издательство: Bloomsbury Academic
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Цена: 31670.00 T
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Описание: Roman law as a field of study is rapidly evolving to reflect new perspectives and approaches in research. This book brings together a distinguished group of scholars who will provide different perspectives on this debate. It addresses particular themes within this debate such as law and legal practice, law and gender as well as law and economics.