During the Anglo-Norman period a concept of law developed, binding ruler and ruled alike and which was based on custom common throughout the country. This was Common Law and it was from this that subs
Based on case files, this study explores the social significance of the traditional Chinese legal system, and investigates how people utilized the courts during the course of criminal and civil disput
Friedrich Kratochwil's book explores the role of law in the international arena and the key discourses surrounding it. It explains the increased importance of law for politics, from law-fare to the judicialization of politics, to human rights, and why traditional expectations of progress through law have led to disappointment. Providing an overview of the debates in legal theory, philosophy, international law and international organizations, Kratochwil reflects on the need to break down disciplinary boundaries and address important issues in both international relations and international law, including deformalization, fragmentation, the role of legal pluralism, the emergence of autonomous autopoietic systems and the appearance of non-territorial forms of empire. He argues that the pretensions of a positivist theory in social science and of positivism in law are inappropriate for understanding practical problems and formulates an approach for the analysis of praxis based on constructiv
Friedrich Kratochwil's book explores the role of law in the international arena and the key discourses surrounding it. It explains the increased importance of law for politics, from law-fare to the judicialization of politics, to human rights, and why traditional expectations of progress through law have led to disappointment. Providing an overview of the debates in legal theory, philosophy, international law and international organizations, Kratochwil reflects on the need to break down disciplinary boundaries and address important issues in both international relations and international law, including deformalization, fragmentation, the role of legal pluralism, the emergence of autonomous autopoietic systems and the appearance of non-territorial forms of empire. He argues that the pretensions of a positivist theory in social science and of positivism in law are inappropriate for understanding practical problems and formulates an approach for the analysis of praxis based on constructiv
During the Anglo-Norman period a concept of law developed, binding ruler and ruled alike and which was based on custom common throughout the country. This was Common Law and it was from this that subs
This book is methodologically unique in scholarly literature on Muslim society. Its originality lies in the fact that the rich material offered by the shari'a courts is given a thorough analysis with
Law and Faith in a Sceptical Age is an analysis of the legal position of religious believers in a dominantly secular society.Great Britain is a society based upon broadly liberal principles. It claims
Law and Faith in a Sceptical Age is an analysis of the legal position of religious believers in a dominantly secular society.Great Britain is a society based upon broadly liberal principles. It claims
A New, Objective, Pro-Objectivity Normative Theory tries to solve fundamental normative moral, social, political, educational, legal, etc. problems. It defends a uniquely evidence-based, objective the
How can we hold in the same view both cultural or historical constructs and generalities about social existence? Kinship, Law and the Unexpected takes up an issue at the heart of studies of society - the way we use relationships to uncover relationships. Relationality is a phenomenon at once contingent (on certain ways of knowing) and ubiquitous (to social life). The role of relations in western (Euro-American) knowledge practices, from the scientific revolution onwards, raises a question about the extent to which Euro-American kinship is the kinship of a knowledge-based society. The argument takes the reader through current issues in biotechnology, new family formations and legal interventions, and intellectual property debates, to matters of personhood and ownership afforded by material from Melanesia and elsewhere. If we are often surprised by what our relatives do, we may also be surprised by what relations tells us about the world we live in.
Based on sophisticated demographic analysis, Legal Construct, Social Concept argues that legal doctrine on social issues is shaped by the needs and values of society rather than by individuals and int
Based on sophisticated demographic analysis, Legal Construct, Social Concept argues that legal doctrine on social issues is shaped by the needs and values of society rather than by individuals and int
How can we hold in the same view both cultural or historical constructs and generalities about social existence? Kinship, Law and the Unexpected takes up an issue at the heart of studies of society - the way we use relationships to uncover relationships. Relationality is a phenomenon at once contingent (on certain ways of knowing) and ubiquitous (to social life). The role of relations in western (Euro-American) knowledge practices, from the scientific revolution onwards, raises a question about the extent to which Euro-American kinship is the kinship of a knowledge-based society. The argument takes the reader through current issues in biotechnology, new family formations and legal interventions, and intellectual property debates, to matters of personhood and ownership afforded by material from Melanesia and elsewhere. If we are often surprised by what our relatives do, we may also be surprised by what relations tells us about the world we live in.
This thought-provoking volume is based on papers given by practising and academic lawyers, judges, psychiatrists, forensic experts and sociologists to a recent conference in Cambridge. The contributors consider possible approaches towards the resolution of the main dilemmas that face psychiatry, society and the law, and towards healing the rifts that have developed between the different professions concerned with the mentally ill. They also consider the best means of promoting more humane, successful and socially efficient services.
According to natural law theory, there exists an objective law of morality based in the nature of human society or human nature. Thus, natural law is inherently true, not a product of a mutable or sub
Lawyers and judges often make arguments based on history - on the authority of precedent and original constitutional understandings. They argue both to preserve the inspirational, heroic past and to discard its darker pieces - such as feudalism and slavery, the tyranny of princes and priests, and the subordination of women. In doing so, lawyers tame the unruly, ugly, embarrassing elements of the past, smoothing them into reassuring tales of progress. In a series of essays and lectures written over forty years, Robert W. Gordon describes and analyses how lawyers approach the past and the strategies they use to recruit history for present use while erasing or keeping at bay its threatening or inconvenient aspects. Together, the corpus of work featured in Taming the Past offers an analysis of American law and society and its leading historians since 1900.
Lawyers and judges often make arguments based on history - on the authority of precedent and original constitutional understandings. They argue both to preserve the inspirational, heroic past and to discard its darker pieces - such as feudalism and slavery, the tyranny of princes and priests, and the subordination of women. In doing so, lawyers tame the unruly, ugly, embarrassing elements of the past, smoothing them into reassuring tales of progress. In a series of essays and lectures written over forty years, Robert W. Gordon describes and analyses how lawyers approach the past and the strategies they use to recruit history for present use while erasing or keeping at bay its threatening or inconvenient aspects. Together, the corpus of work featured in Taming the Past offers an analysis of American law and society and its leading historians since 1900.
The Practice of Liberal Pluralism defends a theory, liberal pluralism, which is based on three core concepts - value pluralism, political pluralism, and expressive liberty - and explores the implications of this theory for politics. Liberal pluralism helps clarify some of the complexities of real-world political action and points toward a distinctive conception of public philosophy and public policy. It leads to a vision of a good society in which political institutions are active in a delimited sphere and in which, within broad limits, families, civil associations, and faith communities may organize and conduct themselves in ways that are not congruent with principles that govern the public sphere. The final section of the book defends liberal pluralism against attacks that it is internally incoherent or that it denies, without justification, key theological premises. Written in a nontechnical style, this book should appeal to professionals in philosophy, political science, law, and
