[PDF] Partly Laws Common To All Mankind eBook

Author : Jeremy Waldron
Publisher : Yale University Press
Page : 371 pages
File Size : 50,80 MB
Release : 2012-05-29
Category : Political Science
ISBN : 0300148666

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Should judges in United States courts be permitted to cite foreign laws in their rulings? In this book Jeremy Waldron explores some ideas in jurisprudence and legal theory that could underlie the Supreme Court's occasional recourse to foreign law, especially in constitutional cases. He argues that every society is governed not only by its own laws but partly also by laws common to all mankind (ius gentium). But he takes the unique step of arguing that this common law is not natural law but a grounded consensus among all nations. The idea of such a consensus will become increasingly important in jurisprudence and public affairs as the world becomes more globalized.

Author : Jane Burbank
Publisher : Princeton University Press
Page : 528 pages
File Size : 38,23 MB
Release : 2010
Category : History
ISBN : 0691127085

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Burbank and Cooper examine Rome and China from the third century BCE, empires that sustained state power for centuries.

Author : Theodore Christov
Publisher : Cambridge University Press
Page : 307 pages
File Size : 42,86 MB
Release : 2016-01-11
Category : Political Science
ISBN : 1316462641

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How did the 'Hobbesian state of nature' and the 'discourse of anarchy' - separated by three centuries - come to be seen as virtually synonymous? Before Anarchy offers a novel account of Hobbes's interpersonal and international state of nature and rejects two dominant views. In one, international relations is a warlike Hobbesian anarchy, and in the other, state sovereignty eradicates the state of nature. In combining the contextualist method in the history of political thought and the historiographical method in international relations theory, Before Anarchy traces Hobbes's analogy between natural men and sovereign states and its reception by Pufendorf, Rousseau and Vattel in showing their intellectual convergence with Hobbes. Far from defending a 'realist' international theory, the leading political thinkers of early modernity were precursors of the most enlightened liberal theory of international society today. By demolishing twentieth-century anachronisms, Before Anarchy bridges the divide between political theory, international relations and intellectual history.

Author : Mike McConville
Publisher : Edinburgh University Press
Page : 336 pages
File Size : 42,27 MB
Release : 2017-01-18
Category : Law
ISBN : 1474403220

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Introduces students to legalistic, theoretical, empirical, comparative and cross-disciplinary research methods, grounded in working examplesNew for this editionNew chapter on inter- and cross-disciplinary research essential reading for international students and students with a non-law first degree undertaking research in the areas of law, criminology, psychology and sociologyResearch ethics has been expanded to a full chapter that includes current plagiarism and imperfect disclosureBrings existing chapters up to date with the newest thinking in legal researchDrawing on actual research projects, Research Methods for Law discusses how legal research as process impacts on research as product. The author team has a broad range of teaching and research experience in law, criminal justice and socio-legal studies, and give examples from real-life research products to illustrate the theory.

Author : Peter Adamson
Publisher : Walter de Gruyter GmbH & Co KG
Page : 435 pages
File Size : 17,47 MB
Release : 2021-04-19
Category : Philosophy
ISBN : 3110730944

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A much-maligned feature of ancient and medieval political thought is its tendency to appeal to nature to establish norms for human communities. From Aristotle's claim that humans are "political animals" to Aquinas' invocation of "natural law," it may seem that pre-modern philosophers were all too ready to assume that whatever is natural is good, and that just political arrangements must somehow be natural. The papers in this collection show that this assumption is, at best, too crude. From very early, for instance in the ancient sophists' contrast between nomos and physis, there was recognition that political arrangements may be precisely artificial, not natural, and it may be questioned whether even such supposed naturalists as Aristotle in fact adopt the quick inference from "natural" to "good." The papers in this volume trace the complex interrelations between nature and such concepts as law, legitimacy, and justice, covering a wide historical range stretching from Plato and the Sophists to Aristotle, Hellenistic philosophy, Cicero, the Neoplatonists Plotinus and Porphyry, ancient Christian thinkers, and philosophers of both the Islamic and Christian Middle Ages.

Author : Garrett Barden
Publisher : Oxford University Press
Page : 302 pages
File Size : 26,14 MB
Release : 2010-08-19
Category : Law
ISBN : 0199592683

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The origins of civil society and the function of law -- Justice, ownership, and law -- Natural justice and conventional justice -- Justice and the trading order -- Adjudication and interpretation -- Morality, law, and legislation -- Natural law -- Rights -- The force of law -- The authority and legitimacy of law.

Author : Philemon Bliss
Publisher : The Lawbook Exchange, Ltd.
Page : 196 pages
File Size : 45,80 MB
Release : 2005
Category : Federal government
ISBN : 1584774916

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Of Sovereignty argues that the term "sovereignty" has lost its meaning and can only be based on justice and reason. In this fascinating book written in 1884, Bliss balances the argumentative excesses of both advocates of states' rights and of federal supremacy.