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Author: Dennis Davis Publisher: Bloomsbury Publishing ISBN: 1849469199 Category : Law Languages : en Pages : 432
Book Description
The world appears to be globalising economically, technologically and even, to a halting extent, politically. This process of globalisation raises the possibility of an international legal framework, a possibility which has gained pressing relevance in the wake of the recent global economic crisis. But for any international legal framework to exist, normative agreement between countries, with very different political, economic, cultural and legal traditions, becomes necessary. This work explores the possibility of such a normative agreement through the prism of national constitutional norms. Since 1945, more than a hundred countries have adopted constitutional texts which incorporate, at least in part, a Bill of Rights. These texts reveal significant similarities; the Canadian Charter of Rights and Freedoms, for instance, had a marked influence on the drafting of the Bill of Rights for South Africa, New Zealand and Hong Kong as well as the Basic Law of Israel. Similarly, the drafts of Eastern European constitutions reflect significant borrowing from older texts. The essays in this book examine the depth of these similarities; in particular the extent to which textual borrowings point to the development of foundational values in these different national legal systems and the extent of the similarities or differences between these values and the priorities accorded to them. From these national studies the work analyses the rise of constitutionalism since the Second World War, and charts the possibility of a consensus on values which might plausibly underpin an effective and legitimate international legal order.
Author: Dennis Davis Publisher: Bloomsbury Publishing ISBN: 1849469199 Category : Law Languages : en Pages : 432
Book Description
The world appears to be globalising economically, technologically and even, to a halting extent, politically. This process of globalisation raises the possibility of an international legal framework, a possibility which has gained pressing relevance in the wake of the recent global economic crisis. But for any international legal framework to exist, normative agreement between countries, with very different political, economic, cultural and legal traditions, becomes necessary. This work explores the possibility of such a normative agreement through the prism of national constitutional norms. Since 1945, more than a hundred countries have adopted constitutional texts which incorporate, at least in part, a Bill of Rights. These texts reveal significant similarities; the Canadian Charter of Rights and Freedoms, for instance, had a marked influence on the drafting of the Bill of Rights for South Africa, New Zealand and Hong Kong as well as the Basic Law of Israel. Similarly, the drafts of Eastern European constitutions reflect significant borrowing from older texts. The essays in this book examine the depth of these similarities; in particular the extent to which textual borrowings point to the development of foundational values in these different national legal systems and the extent of the similarities or differences between these values and the priorities accorded to them. From these national studies the work analyses the rise of constitutionalism since the Second World War, and charts the possibility of a consensus on values which might plausibly underpin an effective and legitimate international legal order.
Author: Przemysław Kaczmarek Publisher: Wydawnictwo C.H.Beck ISBN: 8381580404 Category : Education Languages : en Pages : 355
Book Description
Judges and lawyers have to shape their moral competences in order to maintain their professional ethics at a high standard if they want to effectively meet the challenges that modern society will throw at them. This requirement is due to the growing expectation that they will be socially and morally responsible for the law. Thus, the need to place ethics at the heart of legal education, and to make ethical reflection pervasive in academic courses, becomes more obvious every day. Using the concept and examples of moral dilemmas is a way of facilitating this task. The main purpose of this book is to analyse the concept of moral dilemma in context of judicial and legal ethics, and to provide material for legal education. The structure of this book is designed with this double aim in mind. The theoretical part presents the concept of dilemmas on grounds of metaethics and the perspectives for its application in a professional legal context. The former encompasses situations of conflict of duties or obligations, in which the choice of one conduct necessarily prevents a different conduct, and therefore leads to an unacceptable outcome. Hence, the situation of dilemma always involves an issue of moral responsibility and the problem of “dirty hands”. How such situations are present in legal practice and how to deal with them is the main concern of this part. The considerations are divided into three levels of reflection – deontological, axiological, and moral responsibility. The practical part of the book contains an overview of 150 dilemmas that can be useful in legal ethics or other legal courses. The dilemmas are divided into chapters covering the following branches of law: criminal law, civil and commercial law, family and custody law, labour and social security law, and constitutional law. Every dilemma presents a description of the facts, a reconstruction of dilemma, its standard solution and some critical remarks from a meta-ethical perspective. The dilemmas cover situations regularly met in everyday practice, as well as examples of more exceptional challenges in connection with constitutional crises that have occurred in Poland in recent years.
Author: Robert J. Spitzer, S.J., Ph.D. Publisher: Ignatius Press ISBN: 1681494574 Category : Religion Languages : en Pages : 160
Book Description
How do we make sense of life? How should we treat others? How should we reasonably be expected to be treated by others? When human life is at stake, are there reasonable principles we can rely on to guide our actions? How should our laws be framed to protect human life? What kind of society should be built? Many people rely on their religious beliefs to answer these questions. But not everyone accepts the same religious premises or recognizes the same spiritual authorities. Are there "public arguments"-reasons that can be given that do not presuppose agreement on religious grounds or common religious commitments-that can guide our thoughts and actions, as well as our laws and public policies? In Ten Universal Principles: A Brief Philosophy of the Life Issues, Jesuit Father Robert Spitzer sets out, in a brief, yet highly-readable and lucid style, ten basic principles that must govern the reasonable person's thinking and acting about life issues. A highly-regarded philosopher, Father Spitzer provides an intelligent outline for thinking and talking about human life. This book is a powerful tool for persuasively articulating and effectively inculturating a prolife philosophy.
Author: Hans F. Zacher Publisher: Springer Science & Business Media ISBN: 364222525X Category : Political Science Languages : en Pages : 442
Book Description
This book investigates the history of the post-war welfare state in Germany and its normative foundations, with special emphasis on constitutional issues. The author, formerly Director of the Max-Planck-Institute for Foreign and International Social Law, Munich, and President of the Max-Planck-Society, argues that social policy – not only in Germany – is about struggles over the “social”. The “social” is an open and changing concept that reflects the modern quest for equality, voiced in semantics like justice, participation, inclusion and security. The “social” and the “social state” (the German term for welfare state) are enshrined in the German Constitution of 1949, the Grundgesetz. The book sets out the phases of welfare state development in depth. Social policies are analyzed in view of wider contexts, especially the nation state, the rule of law (Rechtsstaat), federalism and democracy. The author emphasizes the dialectics between the national character of the welfare state and its manifold international references.
Author: Shireen Hunter Publisher: Routledge ISBN: 131746124X Category : Business & Economics Languages : en Pages : 322
Book Description
In recent years, Islamic fundamentalist, revolutionary, and jihadist movements have overshadowed more moderate and reformist voices and trends within Islam. This compelling volume introduces the current generation of reformist thinkers and activists, the intellectual traditions they carry on, and the reasons for the failure of reformist movements to sustain broad support in the Islamic world today. Richly detailed regionally focused chapters cover Iran, the Arab East, the Maghreb, South Asia, Indonesia, Malaysia, Turkey, Europe, and North America. The editor's introductory chapter traces the roots of reformist thinking both in Islamic tradition and as a response to the challenge of modernity for Muslims struggling to reconcile the requirements of modernization with their cultural and religious values. The concluding chapter identifies commonalities, comparisons, and trends in the modernizing movements.
Author: Christian Joerges Publisher: Bloomsbury Publishing ISBN: 1847312861 Category : Law Languages : en Pages : 566
Book Description
This is a book about the ever more complex legal networks of transnational economic governance structures and their legitimacy problems. It takes up the challenge of the editors' earlier pioneering works which have called for more cross-sectoral and interdisciplinary analyses by scholars of international law, European and international economic law, private international law, international relations theory and social philosophy to examine the interdependences of multilevel governance in transnational economic, social, environmental and legal relations. Two complementary strands of theorising are expounded. One argues that globalisation and the universal recognition of human rights are transforming the intergovernmental "society of states" into a cosmopolitan community of citizens which requires more effective constitutional safeguards for protecting human rights and consumer welfare in the national and international governance and legal regulation of international trade. The second emphasises the dependence of the functioning of international markets and liberal trade on governance arrangements which respond credibly to safety and environmental concerns of consumers, traders, political and non-governmental actors. Enquiries into the generation of international standards and empirical analyses of legalization and judizialisation practices form part of this agenda. The perspectives and conclusions of the more than 20 contributors from Europe and North-America cannot be uniform. But they converge in their search for a constitutional architecture which limits, empowers and legitimises multilevel trade governance, as well as in their common premise that respect for human rights, private and democratic self-government and social justice require more transparent, participatory and deliberative forms of transnational "cosmopolitan democracy".
Author: Alexandre Christoyannopoulos Publisher: Andrews UK Limited ISBN: 1845406621 Category : Religion Languages : en Pages : 463
Book Description
Christian anarchism has been around for at least as long as “secular” anarchism. Leo Tolstoy is its most famous proponent, but there are many others, such as Jacques Ellul, Vernard Eller, Dave Andrews or the people associated with the Catholic Worker movement. They offer a compelling critique of the state, the church and the economy based on the New Testament.
Author: David Haddorff Publisher: Wipf and Stock Publishers ISBN: 1608992829 Category : Religion Languages : en Pages : 494
Book Description
Christian ethics is less a system of principles, rules, or even virtues, and more of a free and open-ended responsible witness to God's gracious action to be with and for others and the world. Postmodernity has left us with the risky uncertainty of knowing and doing the good. It also leaves us with the global risks of political violence and terrorism, economic globalization and financial crisis, and environmental destruction and global climate change. How should Christians respond to these problems? This book creatively explores how Christian ethics is best understood as a witness to God's action, thereby providing the ethical framework for addressing the various problematic social issues that put our world at risk. Haddorff develops the notion of witness through a detailed study of Karl Barth's theological ethics. Barth, he argues, provides a language enabling us to know what a Christian ethics of witness actually looks like in both theory and in practice. In correspondence to God's gracious action, Christians remain free to think and act in faith, hope, and love in respondence to their unique circumstances, even in a world at risk. In their witness, Christians remain confident that God has not abandoned the world but loves and cares for its future.