Ratio And Voluntas

Author: Kaarlo Tuori
Publisher: Routledge
ISBN: 1317071468
Size: 11.33 MB
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From the ancient beginnings of Western legal tradition, law has been conceived as traversed by a fundamental tension between power (will) and reason. This volume examines the tension between these two poles, 'ratio and voluntas' in modern law. Part I focuses on three instructive phases in the history of the law's ratio. Part II examines the way legal scholarship, especially doctrinal research (legal dogmatics), can and should contribute to the law's coherence. Part III explores the role of constitutional law in managing the tension between law's voluntas and ratio. The final chapter discusses the implications the growth of transnational law may have on the relationship between ratio and voluntas. The study builds on the views of the distinctive features of the ideal-typical mature modern legal system as presented in the author's previous work, Critical Legal Positivism (Ashgate 2002).

Secured Credit In Europe

Author: Teemu Juutilainen
Publisher: Bloomsbury Publishing
ISBN: 1509910085
Size: 71.33 MB
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This monograph seeks the optimal way to promote compatibility between systems of proprietary security rights in Europe, focusing on security rights over tangible movables and receivables. Based on comparative research, it proposes how best to tackle cross-border problems impeding trade and finance, notably uncertainty of enforceability and unexpected loss of security rights. It offers an extensive analysis of the academic literature of more recent years that has appeared in English, German, the Scandinavian languages and Finnish. The author organises the concrete means of promoting compatibility into a centralised substantive approach, a centralised conflicts-approach, a local conflicts-approach and a local substantive approach. The centralised approaches develop EU law, and the local approaches Member State laws. The substantive approaches unify or harmonise substantive law, while the conflicts approaches rely on private international law. The author proposes determining the optimal way to promote compatibility by objective-based division of labour between the four approaches. The objectives developed for that purpose are derived from the economic functions of security rights, the conditions for legal evolution and a transnational conception of justice. This book is an important contribution to the future of secured transactions law in Europe and more widely. It will be of interest to academics, policymakers and legal practitioners involved in this field.

Law S Community

Author: Roger Cotterrell
Publisher: Oxford University Press
ISBN: 9780198264903
Size: 45.31 MB
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Law's Community offers a distinctive analysis of law, identifying political and moral problems that are fundamental to contemporary legal theory. It portrays contemporary law as institutionalized doctrine, emphasizing ways in which legal modes of thought influence wider currents of understanding and belief in contemporary Western societies. Exploring relationships between law and sociology as contrasting and competing fields of knowledge, Law's Community develops ideas from social theoryto identify key problems for legal development; in particular, those of restoring moral authority to law and of elaborating a concept of community that can guide legal regulation. The analysis leads to radical conclusions: among them, that law's functions need reconsideration at the most general level, that a unitary state legal system as portrayed in traditional kinds of legal theory may no longer be adequate in complex contemporary societies, and that law should be reconceptualized as a diverse but co-ordinated plurality of systems, sites, and forms of regulation.

Civic Catechisms And Reason In The French Revolution

Author: Adrian Velicu
Publisher: Routledge
ISBN: 1317165705
Size: 32.21 MB
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At the heart of the French Revolution there lay a fundamental paradox: how to liberate the minds of the people whilst simultaneously ensuring their loyalty to the new regime. It is an exploration of the facts and implications of this tension that forms the basis of this study, which reconstructs the intellectual world of the Revolution. The new radical regime attacked the old institutionalized forms of Catholic worship and instruction, yet retained the catechetical outlook with its dogmatic mindset as an important feature of political education. Catechisms not only conveyed information in an accessible manner, they also revealed the intellectual tendencies of those who favoured the genre. Civic catechisms were meant to play an important part of revolutionary instruction; they were the only category of texts repeatedly mentioned in the National Assembly and in various pieces of legislation, including education bills, and there were calls for a 'national catechism'. The status of the catechisms changed throughout the Revolution, and this study also investigates the degree of continuity of purpose across the period, as well as the catechisms' place alongside other texts such as speeches and bills. An important contribution to the literature on the intellectual history of the French Revolution, this book will also be of interest to scholars of rhetoric, education and the intellectual history of the eighteenth century, as well as to revolutionary studies in general.

Dictionary Of Untranslatables

Author: Barbara Cassin
Publisher: Princeton University Press
ISBN: 1400849918
Size: 63.60 MB
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Characters in some languages, particularly Hebrew and Arabic, may not display properly due to device limitations. Transliterations of terms appear before the representations in foreign characters. This is an encyclopedic dictionary of close to 400 important philosophical, literary, and political terms and concepts that defy easy--or any--translation from one language and culture to another. Drawn from more than a dozen languages, terms such as Dasein (German), pravda (Russian), saudade (Portuguese), and stato (Italian) are thoroughly examined in all their cross-linguistic and cross-cultural complexities. Spanning the classical, medieval, early modern, modern, and contemporary periods, these are terms that influence thinking across the humanities. The entries, written by more than 150 distinguished scholars, describe the origins and meanings of each term, the history and context of its usage, its translations into other languages, and its use in notable texts. The dictionary also includes essays on the special characteristics of particular languages--English, French, German, Greek, Italian, Portuguese, Russian, and Spanish. Originally published in French, this one-of-a-kind reference work is now available in English for the first time, with new contributions from Judith Butler, Daniel Heller-Roazen, Ben Kafka, Kevin McLaughlin, Kenneth Reinhard, Stella Sandford, Gayatri Chakravorty Spivak, Jane Tylus, Anthony Vidler, Susan Wolfson, Robert J. C. Young, and many more.The result is an invaluable reference for students, scholars, and general readers interested in the multilingual lives of some of our most influential words and ideas. Covers close to 400 important philosophical, literary, and political terms that defy easy translation between languages and cultures Includes terms from more than a dozen languages Entries written by more than 150 distinguished thinkers Available in English for the first time, with new contributions by Judith Butler, Daniel Heller-Roazen, Ben Kafka, Kevin McLaughlin, Kenneth Reinhard, Stella Sandford, Gayatri Chakravorty Spivak, Jane Tylus, Anthony Vidler, Susan Wolfson, Robert J. C. Young, and many more Contains extensive cross-references and bibliographies An invaluable resource for students and scholars across the humanities

Intimations Of Global Law

Author: Neil Walker
Publisher: Cambridge University Press
ISBN: 1107091624
Size: 58.66 MB
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"This is a book about how we might fruitfully think about global law. Few terms are more topical in the transnational legal literature. Yet there has been little serious discussion - and little agreement where there has been discussion - on what is meant by 'global law', if, indeed, it means anything of note at all. In what follows, I suggest that we can nonetheless arrive at a core sense of global law as an emergent idea and practice"--

Theatre Of The Rule Of Law

Author: Stephen Humphreys
Publisher: Cambridge University Press
ISBN: 113949533X
Size: 11.54 MB
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Theatre of the Rule of Law presents a sustained critique of global rule of law promotion - an expansive industry at the heart of international development, post-conflict reconstruction and security policy today. While successful in articulating and disseminating an effective global public policy, rule of law promotion has largely failed in its stated objectives of raising countries out of poverty and taming violent conflict. Furthermore, in its execution, this work deviates sharply from 'the rule of law' as commonly conceived. To explain this, Stephen Humphreys draws on the history of the rule of law as a concept, examples of legal export during colonial times, and a spectrum of contemporary interventions by development agencies and international organisations. Rule of law promotion is shown to be a kind of theatre, the staging of a morality tale about the good life, intended for edification and emulation, but blind to its own internal contradictions.

World Crisis And Underdevelopment

Author: David Ingram
Publisher: Cambridge University Press
ISBN: 1108389902
Size: 33.63 MB
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World Crisis and Underdevelopment examines the impact of poverty and other global crises in generating forms of structural coercion that cause agential and societal underdevelopment. It draws from discourse ethics and recognition theory in criticizing injustices and pathologies associated with underdevelopment. Its scope is comprehensive, encompassing discussions about development science, philosophical anthropology, global migration, global capitalism and economic markets, human rights, international legal institutions, democratic politics and legitimation, world religions and secularization, and moral philosophy in its many varieties.