Results for 'community in law'

999 found
Order:
  1. Responsibility, Authority, and the Community of Moral Agents in Domestic and International Criminal Law.Ryan Long - 2014 - International Criminal Law Review 14 (4-5):836 – 854.
    Antony Duff argues that the criminal law’s characteristic function is to hold people responsible. It only has the authority to do this when the person who is called to account, and those who call her to account, share some prior relationship. In systems of domestic criminal law, this relationship is co-citizenship. The polity is the relevant community. In international criminal law, the relevant community is simply the moral community of humanity. I am sympathetic to his community-based (...)
    Download  
     
    Export citation  
     
    Bookmark  
  2. One Community or Many? From Logic to Juridical Law, via Metaphysics [in Kant].Lucas Thorpe - 2011 - In Howard Williams, Sorin Baiasu & Sami Pihlstrom (eds.), Politics and Metaphysics in Kant. Political Philosophy Now: University of Wales Press.
    There are at least five ‘core’ notions of community found in Kant's works: 1. The scientific notion of interaction. This concept is introduced in the Third Analogy and developed in the Metaphysical Foundations of Natural Science. 2. A metaphysical idea. The idea of a world of individuals (monads) in interaction. This idea was developed in Kant’s precritical period and can be found in his metaphysics lectures. 3. A moral ideal. The idea of a realm of ends. 4. A political (...)
    Download  
     
    Export citation  
     
    Bookmark  
  3. Intentions in Artifactual Understandings of Law.Kenneth M. Ehrenberg - 2022 - In Luka Burazin, Kenneth Einar Himma, Corrado Roversi & Paweł Banaś (eds.), The Artifactual Nature of Law. Cheltenham: Edward Elgar. pp. 16-36.
    The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  4. Building community into property.Edmund F. Byrne - 1988 - Journal of Business Ethics 7 (3):171 - 183.
    American business's fascination with both laborsaving devices and low wage environments is causing not only structural unemployment and dissipation of the nation's industrial base but also the deterioration of abandoned host communities. According to individualist understandings of the right of private property, this deterioration is beyond sanction except insofar as it affects the property rights of others. But corporate stockholders and managers should not be considered the only owners of property the value of which is due in part to the (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  5. COMMUNITY NEEDS ASSESSMENT AS BASIS FOR A COMMUNITY EXTENSION PROGRAM IN A STATE-FUNDED COLLEGE.Mark E. Patalinghug & Patalinghug Mark - 2022 - Science International (Lahore) 3 (34):273-275.
    As State Colleges and Universities (SUCs) grow, they need to offer more services to the community. This is termed as community extension program, and colleges are required by law to have one. The community's needs must be met, and they must also be looked at. This assessment aims to figure out what the communities around J.H. Cerilles State College (JHCSC) need. Through the Peace and Order, Security, and Ability to Serve Enrichment (POSASE) framework, this assessment also set (...)
    Download  
     
    Export citation  
     
    Bookmark  
  6. Coercion in community health care-an ethical analysis.Tania Gergel & George Szmukler - 2016 - In A. Molodynski, J. Rugkasa & T. Burns (eds.), Coercion in Community Mental Health Care: International Perspectives. Oxford University Press.
    A book chapter exploring the potential consquences and ethical ramifications of using coercive measures within community mental healthcare. We argue that, althogh the move towards 'care in the community' may have had liberalising motivations, the subsequent reduction in inpatient or other supported residential provision, means that there has been an increasing move towards coercive measures outside of formal inpatient detention. We consider measures such as Community Treatment Orders, inducements, and other forms of leverage, explaining the underlying concepts, (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  7. Law in Plato's Late Politics.Rachana Kamtekar & Rachel Singpurwalla - 2022 - In The Cambridge Companion to Plato. Cambridge: Cambridge University Press. pp. 522-558.
    Throughout his political works, Plato takes the aim of politics to be the virtue and happiness of the citizens and the unity of the city. This paper examines the roles played by law in promoting individual virtue and civic unity in the Republic, Statesman, and Laws. Section 1 argues that in the Republic, laws regulate important institutions, such as education, property, and family, and thereby creating a way of life that conduces to virtue and unity. Section 2 argues that in (...)
    Download  
     
    Export citation  
     
    Bookmark  
  8. General Unificatory Theories in Community Ecology.Christopher Hunter Lean - 2019 - Philosophical Topics 47 (1):125-142.
    The question of whether there are laws of nature in ecology has developed substantially in the last 20 years. Many have attempted to rehabilitate ecology’s lawlike status through establishing that ecology possesses laws that robustly appear across many different ecological systems. I argue that there is still something missing, which explains why so many have been skeptical of ecology’s lawlike status. Community ecology has struggled to establish what I call a General Unificatory Theory. The lack of a GUT causes (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  9. Interpretation LDMU (Law Diminishing Marginal Utility) on the Philosophy Asymmetry of Economic Materialism for Community Financial Stability.Pratama Angga - manuscript
    We know that technological developments will affect economic development which will have an impact on the level of public consumption. Law Diminishing Marginal Utility cause boredom which will comprehensively reduce one's purchasing power and interest in the commodities on the market. Capitalism and its development always try to encourage people's consumption continuously to the maximum point. Hedonism and consumerism cause financial imbalances which are a real threat to our society today. Law Diminishing Marginal Utility and followed by the application of (...)
    Download  
     
    Export citation  
     
    Bookmark  
  10. Popper’s Politics and Law in the Light of African Values.Thaddeus Metz - 2020 - Jus Cogens 2:185-204.
    Karl Popper is famous for favoring an open society, one in which the individual is treated as an end in himself and social arrangements are subjected to critical evaluation, which he defends largely by appeal to a Kantian ethic of respecting the dignity of rational beings. In this essay, I consider for the first time what the implications of a characteristically African ethic, instead prescribing respect for our capacity to relate communally, are for how the state should operate in an (...)
    Download  
     
    Export citation  
     
    Bookmark  
  11. W poszukiwaniu ontologicznych podstaw prawa. Arthura Kaufmanna teoria sprawiedliwości [In Search for Ontological Foundations of Law: Arthur Kaufmann’s Theory of Justice].Marek Piechowiak - 1992 - Instytut Nauk Prawnych PAN.
    Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  12. The Nature and Value of Vagueness in the Law.Hrafn Ásgeirsson - 2020 - Oxford: Hart Publishing.
    Sample chapter from H. Asgeirsson, The Nature and Value of Vagueness in the Law (Hart Publishing, 2020), in which I present and partially defend a version of what has come to be called the communicative-content theory of law. Book abstract: Lawmaking is – paradigmatically – a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, what they communicate is sometimes vague (...)
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  13. Affirmative Sexual Consent in Canadian Law, Jurisprudence, and Legal Theory.Lucinda Vandervort - 2012 - Columbia Journal of Gender and Law 23 (2):395-442.
    This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws are (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  14. Judgment and imagination in Habermas' theory of law.Thomas Fossen - 2015 - Philosophy and Social Criticism 41 (10):1069-1091.
    Recent debates in political theory display a renewed interest in the problem of judgment. This article critically examines the different senses of judgment that are at play in Jürgen Habermas’ theory of law. The article offers a new critical reading of Habermas’ account of the legitimacy of law, and a revisionary interpretation of the reconstructive approach to political theory that underpins it. Both of these are instrumental to an understanding of what is involved in judging the legitimacy of law that (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  15. ‘Exploding the Limits of Law’: Judgment and Freedom in Arendt and Adorno.Craig Reeves - 2009 - Res Publica 15 (2):137-164.
    In Eichmann in Jerusalem , Hannah Arendt struggled to defend the possibility of judgment against the obvious problems encountered in attempts to offer legally valid and morally meaningful judgments of those who had committed crimes in morally bankrupt communities. Following Norrie, this article argues that Arendt’s conclusions in Eichmann are equivocal and incoherent. Exploring her perspectival theory of judgment, the article suggests that Arendt remains trapped within certain Kantian assumptions in her philosophy of history, and as such sees the question (...)
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
  16. Legal fallibilism: Law (like science) as a form of community inquiry.Frederic R. Kellogg - 2009 - Discipline Filosofiche 19 (2).
    Fallibilism, as a fundamental aspect of pragmatic epistemology, can be illuminated by a study of law. Before he became a famous American judge, Oliver Wendell Holmes, Jr., along with his friends William James and Charles Sanders Peirce, associated as presumptive members of the Metaphysical Club of Cambridge in the 1870s, recalled as the birthplace of pragmatism. As a young scholar, Holmes advanced a concept of legal fallibilism as incremental community inquiry. In this early work, I suggest that Holmes treats (...)
    Download  
     
    Export citation  
     
    Bookmark  
  17. THE POSTULATE OF THE HISTORICAL LAW THEORY AND CONFLICT OF LAWS: AN ARTICULATION OF AFRICAN (UKELE) COMMUNAL LEGALISM.Celsus Paul E. Ekweme - 2020 - Journal of Rare Ideas 1 (1).
    This essay is titled "Critique the Postulation of the Historical Law Theory and relate it to African Law. The postulation of the historical law school that law emanates from customs through an ordered pattern of systematized progress into a codified system in relation to African law forms the crust of this essay. To achieve this task, this essay adopts a critical method in exposing c postulation of the historical law school and the African Law (keeping in mind the Ukelle communal (...)
    Download  
     
    Export citation  
     
    Bookmark  
  18. Reporting and Interpreting Intentions in Defamation Law.Fabrizio Macagno - 2015 - In Alessandro Capone, Ferenc Kiefer & Franco Lo Piparo (eds.), Indirect Reports and Pragmatics. Cham: Imprint: Springer. pp. 593-619.
    The interpretation and the indirect reporting of a speaker’s communicative intentions lie at the crossroad between pragmatics, argumentation theory, and forensic linguistics. Since the leading case Masson v. New Yorker Magazine, Inc., in the United States the legal problem of determining the truth of a quotation is essentially equated with the correctness of its indirect reporting, i.e. the representation of the speaker’s intentions. For this reason, indirect reports are treated as interpretations of what the speaker intends to communicate. Theoretical considerations, (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  19. Aristotle's thought on citizenship and the historical lessons for building a socialist law-governed state in Vietnam today.Trang do - 2022 - Synesis 14 (2):30-48.
    Citizenship is the right to be a citizen of a social, political, or national community. Aristotle was the philosopher who has been talking about citizenship since ancient times. His thoughts are still historical lessons for the operation of states today. In this article, the author focuses on analyzing basic thoughts on Aristotle's citizenship; which are shown in essential points such as (i) Citizenship is clearly shown in the role of the State, (ii) Right to education, (iii) The right to (...)
    Download  
     
    Export citation  
     
    Bookmark  
  20. Human Security Law in Iraq: Reforming Rules, Practices, and Urban Spaces.Hannibal Travis - manuscript
    This article addresses a few moments in the evolution of human security law in Iraq, focusing in particular on the Coalition Provisional Authority, the new Iraqi Constitution, Iraqi High Tribunal (successor to the Iraqi Special Tribunal), and the International Criminal Court. It synthesizes the results of some existing research on ongoing impunity for certain crimes against political candidates, journalists, anti-corruption activists, and ethnic and religious minorities, a situation which may have tainted Iraq’s transition to a more democratic republic, while aggravating (...)
    Download  
     
    Export citation  
     
    Bookmark  
  21. Code is Law: Subversion and Collective Knowledge in the Ethos of Video Game Speedrunning.Michael Hemmingsen - 2020 - Sport, Ethics and Philosophy 15 (3):435-460.
    Speedrunning is a kind of ‘metagame’ involving video games. Though it does not yet have the kind of profile of multiplayer e-sports, speedrunning is fast approaching e-sports in popularity. Aside from audience numbers, however, from the perspective of the philosophy of sport and games, speedrunning is particularly interesting. To the casual player or viewer, speedrunning appears to be a highly irreverent, even pointless, way of playing games, particularly due to the incorporation of “glitches”. For many outside the speedrunning community, (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  22.  98
    Harnessing the Potential of Disability Law (A Disability Studies Perspective) in Disability: A Journey from Welfare to Right.Deepa Kansra & Sanjivini Raina - 2024 - New Delhi: Satyam Law International.
    Disability laws are crucial in ensuring a life of dignity for persons with disabilities. However, they remain limited and ineffective in the absence of adequate knowledge and awareness of the experiences with disability. The limitedness of disability laws has been spoken of in cases where the full realization of rights is subject to technological, philosophical, and market dynamics. In many cases, the law is also weakened by negative cultural beliefs and social perceptions of disability. And then there are cases where (...)
    Download  
     
    Export citation  
     
    Bookmark  
  23. Mistake of Law and Sexual Assault: Consent and Mens rea.Lucinda Vandervort - 1987-1988 - Canadian Journal of Women and the Law 2 (2):233-309.
    In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather than (...)
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
  24. Law as Technology Assessment.Edmund Byrne - 1982 - In Poe Durbin Holly (ed.), Research in Philosophy and Technology, Vol V. JAI Press. pp. 101-115.
    Law and technology , though not equivalent, are intertwined at every phase of a technology's "career." Any technology is directly or indirectly social, and as such becomes a target of regulation intrinsically or in relation to other technologies which it supports or opposes. Competing interests influence major decisions as to which technologies are encouraged or discouraged, heavily regulated or not, banned or not. Examples considered range from bounties to fuel, communication, and transportation preferences.
    Download  
     
    Export citation  
     
    Bookmark  
  25. Astral legal justice: Between law’s poetry and justice’s dance.Joshua M. Hall - 2023 - South African Journal of Philosophy 42 (2):108-116.
    In this article, I build on my recent conceptions of law as poetry and of justice as dance by articulating three new conceptions of the relationship between law and justice. In the first, “poetry-based justice”, justice consists of a rigid choreography to a kind of musical recitation of the law’s poetry. In the second, “dancing-based law”, justice consists of spontaneous, freely improvised movement patterns that the poetry of the law tries to capture in a kind of musical notation. And in (...)
    Download  
     
    Export citation  
     
    Bookmark  
  26. Enforcing the Sexual Laws: An Agenda for Action.Lucinda Vandervort - 1985 - Resources for Feminist Research 3 (4):44-45.
    Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at length in (...)
    Download  
     
    Export citation  
     
    Bookmark  
  27. Land Reform In Southern African Countries: What factors push government officials (colonial or post-colonial) to embark on land reforms? Why do local communities sometimes resist land reforms?Ngara Tatenda - manuscript
    According to Warriner (1969) a simple way of defining land reforms is to name it “the redistribution of property or rights in land for the benefit of the landless, tenants and farm labourers”. Land reforms are mainly characterised by the government’s change of laws, regulations or customs regarding land ownership. Land reforms deal with the government in power distributing property which is in most times agricultural land. In some instances it also involves the distribution of land from the more powerful (...)
    Download  
     
    Export citation  
     
    Bookmark  
  28. Just saying, just kidding : liability for accountability-avoiding speech in ordinary conversation, politics and law.Elisabeth Camp - 2022 - In Laurence R. Horn (ed.), From lying to perjury: linguistic and legal perspective on lies and other falsehoods. Boston: De Gruyter Mouton. pp. 227-258.
    Mobsters and others engaged in risky forms of social coordination and coercion often communicate by saying something that is overtly innocuous but transmits another message ‘off record’. In both ordinary conversation and political discourse, insinuation and other forms of indirection, like joking, offer significant protection from liability. However, they do not confer blanket immunity: speakers can be held to account for an ‘off record’ message, if the only reasonable interpreta- tions of their utterance involve a commitment to it. Legal liability (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  29. Three Concepts of Law: The Ambiguous Legacy of H.L.A. Hart.Brian Slattery - 1998 - Saskatchewan Law Review 61:323-39.
    The law presents itself as a body of meaning, open to discovery, interpretation, application, criticism, development and change. But what sort of meaning does the law possess? Legal theory provides three sorts of answers. The first portrays the law as a mode of communication through which law-makers convey certain standards or norms to the larger community. The law's meaning is that imparted by its authors. On this view, law is a vehicle, conveying a message from a speaker to an (...)
    Download  
     
    Export citation  
     
    Bookmark  
  30. Wolff on duties of esteem in the law of peoples.Andreas Blank - 2021 - European Journal of Philosophy 29 (2):475-486.
    The role that the desire for self‐worth plays in international relations has become a prominent topic in contemporary political theory. Contemporary accounts are based on the notion of national self‐worth as a function of status; therefore, the desire for national self‐worth is seen as a source of anxiety and conflict over status. By contrast, according to Christian Wolff, there exists a duty to take care that both one's own and other political communities deserve to be esteemed. In his view, this (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  31. Does Communicative Retributivism Necessarily Negate Capital Punishment?Jimmy Chia-Shin Hsu - 2015 - Criminal Law and Philosophy 9 (4):603-617.
    Does communicative retributivism necessarily negate capital punishment? My answer is no. I argue that there is a place, though a very limited and unsettled one, for capital punishment within the theoretical vision of communicative retributivism. The death penalty, when reserved for extravagantly evil murderers for the most heinous crimes, is justifiable by communicative retributive ideals. I argue that punishment as censure is a response to the preceding message sent by the offender through his criminal act. The gravity of punishment should (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  32. Federalism with South African Characteristics? Traditional Authorities and Customary Law in a Democratic, Constitutional State.Bhaso Ndzendze - 2018 - The Thinker 76:26-33.
    The paper presents a novel take on the character of South Africa’s governance structure. It argues that, insofar as it constitutionally recognises traditional authorities, figures who rule in accordance with idiosyncratic and localised customary laws, as well as instigate a cheek-by-jowl existence of an asymmetrical property law (where in the urban setting land is nominally bought or transferred for sale, but in traditional rural areas granted by the chief), manifest in the differentiated land laws brought about by the Communal Land (...)
    Download  
     
    Export citation  
     
    Bookmark  
  33. Culture as an Activity and Human Right: An Important Advance for Indigenous Peoples and International Law.Cindy Holder - 2008 - Alternatives 33:7-28.
    Historically, culture has been treated as an object in international documents. One consequence of this is that cultural rights in international law have been understood as rights of access and consumption. Recently, an alternative conception of culture, and of what cultural rights protect, has emerged from international documents treating indigenous peoples. Within these documents culture is treated as an activity rather than a good. This activity is ascribed to peoples as well as persons, and protecting the capacity of both peoples (...)
    Download  
     
    Export citation  
     
    Bookmark  
  34. Aquinas on Law and Natural Law.Michael Baur - 2011 - In Brian Davies & Eleonore Stump (eds.), The Oxford handbook of Aquinas. New York: Oxford University Press.
    Aquinas's account of law as an ordering of reason for the common good of a community depends on the mereology that covered his theory of parthood relations, including the relations of parts to parts and parts to wholes. Aquinas argued that 'all who are included in a community stand in relation to that community as parts to a whole', and 'every individual person is compared to the whole community as part to whole'. Aquinas held that the (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  35. The ideal of good government in Luigi Einaudi's Thought and Life: Between Law and Freedom.Paolo Silvestri - 2012 - In Paolo Silvestri & Paolo Heritier (eds.), Good government, Governance and Human Complexity. Luigi Einaudi’s Legacy and Contemporary Society. Olschki. pp. 55-95.
    I will argue here that Einaudi's thought reveals an awareness that the question of freedom has to do with two inter-related problems: the relation of individuals or communities with their respective limits and the question of going beyond these limits. Limits are to be understood here in the meaning of the foundation or conditions of possibility both of institutions (economic, political and juridical) and of thought and human action.
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  36. Consent, Communication, and Abandonment.Tom Dougherty - 2019 - Law and Philosophy 38 (4):387-405.
    According to the Behavioral View of consent, consent must be expressed in behavior in order to release someone from a duty. By contrast, the Mental View of consent is that normatively efficacious consent is entirely mental. In previous work, I defended a version of the Behavioral View, according to which normatively efficacious ‘consent always requires public behavior, and this behavior must take the form of communication in the case of high-stakes consent’. In this essay, I respond to two arguments by (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  37. The Defence of Belief in Consent: Guidelines and Jury Instructions for Application of Criminal Code Section 265(4).Lucinda Vandervort - 2005 - Criminal Law Quarterly 50 (4):441-452.
    The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...)
    Download  
     
    Export citation  
     
    Bookmark  
  38. “How to Live Communally Amidst Doubts”, on Moshe Halbertal, The Birth of Doubt: Confronting Uncertainty in Early Rabbinic Literature (Brown, 2020). [REVIEW]Nadav S. Berman - 2021 - Review of Rabbinic Judaism 24:265-275.
    This review-essay considers the book by Moshe Halbertal, The Birth of Doubt: Confronting Uncertainty in Early Rabbinic Literature (Brown, 2020), and highlights certain pragmatist trajectories in the book and in its scholarly object - early rabbinic law. Inter alia, the middle rabbinic path between realism and nominalism is discussed.
    Download  
     
    Export citation  
     
    Bookmark  
  39. Emerald Star-Law: Three Interpretations of Earth Jurisprudence.Joshua M. Hall - forthcoming - Philosophy Today.
    Comparative religion scholar Thomas Berry’s influential concept of “Earth jurisprudence” has been helpfully elaborated in three principal books. My first section identifies four of their common themes, deriving therefrom an implicit narrative: (1) the basis of ecology is autopoiesis, which (2) originally generated human communities and Indigenous vernacular laws, which were (3) later reasserted by forest defenders who fought to create the Magna Carta’s “Charter of the Forest,” which is (4) now championed globally by the Indian physicist and eco-activist Vandana (...)
    Download  
     
    Export citation  
     
    Bookmark  
  40. Aspects of Plato's political thinking in the Timaeus and the 10th book of Laws.Panagiotis Pavlos - 2013 - In Alexey V. Tsyb (ed.), ΠΛΑΤΩΝΟΠΟΛΙΣ: Philosophy of Antiquity as an interdisciplinary synthesis of philosophical, historical and philological studies. Sociological Institute of the Russian Academy of Sciences, St. Petersburg's Plato Society. pp. 40-44.
    Short communication published in the Proceedings of the International Summer School for Young Researchers Platwnopolis, in St. Petersburg, Russia, 2012.
    Download  
     
    Export citation  
     
    Bookmark  
  41. Secession, law, and rights: The case of the former Yugoslavia.Daniel Kofman - 2000 - Human Rights Review 1 (2):9-26.
    A common theme from certain circles during the Yugoslav wars was that the seceding republics lacked a right to secede, but that if a right were accorded them by the EC or international community, it would have to be granted to the Serbian minorities in these republics, especially in Bosnia and Herzegovina, on pain of inconsistency. This microcosm argument is in fact unsound. On a reasonable conception of a right of self-determination and secession elaborated here, the Republic of Bosnia (...)
    Download  
     
    Export citation  
     
    Bookmark  
  42.  40
    Natural Law Theory Under the Sun - How Iranian Political Thought Viewed Tyranny as opposed to the West.Shahram Arshadnejad - 2023 - Dissertation, Claremont Graduate University
    This qualitative research aims to explore and unravel the theory of natural law within its Greek context and its influence on political thought, particularly addressing the need to counteract the damages of tyranny and the cyclical succession of regimes, as articulated by Plato. This study reveals that the concept of natural law predates Stoics and it is rooted within the pre-Socratic natural philosophy. The study exposes that Aristotelian ethics and politics are rooted in the concept of natural law, ultimately giving (...)
    Download  
     
    Export citation  
     
    Bookmark  
  43. No King and No Torture: Kant on Suicide and Law.Jennifer Uleman - 2016 - Kantian Review 21 (1):77-100.
    Kant’s most canonical argument against suicide, the universal law argument, is widely dismissed. This paper attempts to save it, showing that a suicide maxim, universalized, undermines all bases for practical law, resisting both the non-negotiable value of free rational willing and the ordinary array of sensuous commitments that inform prudential incentives. Suicide therefore undermines moral law governed community as a whole, threatening ‘savage disorder’. In pursuing this argument, I propose a non-teleological and non-theoretical nature – a ‘practical nature’ or (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  44. The realm of ends as a community of spirits: Kant and swedenborg on the kingdom of heaven and the cleansing of the doors of perception.Lucas Thorpe - 2011 - Heythrop Journal 52 (1):52-75.
    In this paper I examine the genesis of Kant’s conception of a realm of ends, arguing that Kant first started to think of morality in terms of striving to be a member of a realm of ends, understood as an ideal community, in the early 1760s, and that he was influenced in this by his encounter with the Swedish mystic Emanuel Swedenborg. In 1766 Kant published Dreams of a Spirit Seer, a commentary on Swedenborg’s magnum opus, Heavenly Secrets. Most (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  45. Academic and Social Integration Experiences of Papuan Studying in University Students in Java.Cahya Wulandari & Shelley McKeown Jones - 2022 - Jurnal Psikologi 49 (3):229–254.
    Following the Special Autonomy Law in 2001, the number of Papuan students studying out of town soared, resulting integration into a new culture becomes inevitable. The authors were interested in exploring academic and social integration experiences amongst Papuan university students in Java. Semi-structured interview was used to collect data from six Papuan students (four males and two females). Data was analyzed using thematic analysis to identify factors influencing integration strategy and to explore how stereotypes affect the minority student’s acculturation strategy. (...)
    Download  
     
    Export citation  
     
    Bookmark  
  46.  93
    Gordimer, Race, and the Impossibility of Communicative Action in Apartheid South Africa.Sinkwan Cheng - 2019 - Humanities Bulletin [London Academic Publishing] 2 (2):123-144.
    Drawing from Bakhtin and Habermas, I will show how the different voices in Gordimer's novel seem to be enacting a democratic public sphere in which no voice is granted authority over others – a public sphere which carries the promise of countering the social and political hierarchies established by the racist South African regime. The promise, however, turns out to be an illusion. As I will demonstrate, the possibility of an Enlightenment bourgeois public sphere which the novel seems to be (...)
    Download  
     
    Export citation  
     
    Bookmark  
  47. The Relationship between the Law and Public Policy: Is it a Chi-Square or Normative Shape for the Policy Makers?Kiyoung Kim - 2014 - Social Sciences 3 (4):137-143.
    Oftentimes we consider how the law and public policy were interwoven one another for any fine appeal to the constituents and global public. Nonetheless, we are fairly never definite to suggest any hard picture of their relationship. It rather involves an issue of meditative process of philosophy, humanity and social justice as well as a wider of public contention from the purview of temporal and spatial evolution. The paper, in the face with this difficult conundrum, attempts to highlight some of (...)
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  48. On the Fundamentals of Law and Public Policy.Kiyoung Kim - 2015 - SSRN.
    We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  49. Access to Justice and the Public Interest in the Administration of Justice.Lucinda Vandervort - 2012 - University of New Brunswick Law Journal 63:124-144.
    The public interest in the administration of justice requires access to justice for all. But access to justice must be “meaningful” access. Meaningful access requires procedures, processes, and institutional structures that facilitate communication among participants and decision-makers and ensure that judges and other decision-makers have the resources they need to render fully informed and sound decisions. Working from that premise, which is based on a reconceptualization of the objectives and methods of the justice process, the author proposes numerous specific changes (...)
    Download  
     
    Export citation  
     
    Bookmark  
  50. Rights, Communities, and Tradition.Brian Slattery - 1991 - University of Toronto Law Journal 41:447-67.
    This paper argues that there is a close connection between basic human rights and communal bonds. It reviews the views expressed by Alan Gewirth and Alasdair MacIntyre, which in differing ways deny this connection, and concludes that the deficiencies in their accounts reinforce the case for communal bonds.
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
1 — 50 / 999