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Author: Herlinde Pauer-Studer
Publisher: Cambridge University Press
Published: 2020-09-24
Total Pages: 283
ISBN-13: 110715930X
DOWNLOAD EBOOKExamines Nazi legal theory, the normative ideas driving the Führer state and the legal subtext to the regime's escalating atrocities.
Author: Amaya Amell
Publisher: Rowman & Littlefield
Published: 2021-03-04
Total Pages: 141
ISBN-13: 1793613354
DOWNLOAD EBOOKFrancisco de Vitoria and the Evolution of International Law: Justifying Injustice is a reconstruction of the philosophical and legal theories of Fray Francisco de Vitoria, hailed by many as one of the primary founders of international law, and how these served to introduce the theory of an international community in which all nations take part, regardless of religious beliefs. The impact of the conquest of the Americas resulted in a transformation or re-articulation of the Old World’s preconceived notions of human nature and the rights of people and nations. Due to the need for a more universal principle, the theory of international law began to expand. In order to present a perspective on international law and human rights beyond the scope of the Spanish conquest of the Americas, Vitoria’s thoughts are compared to those of Hugo Grotius and John Locke, to show how the issues of natural, human, and divine law evolved through time. Their questioning of the right to invade other countries and subdue their inhabitants brought to light the conflictive relationship between colonial expansion and the law of nations and was an essential part of debates among intellectuals, jurists, and theologians in an attempt to find a way to reconcile these two often-contradictory notions.
Author: John T. Jost
Publisher:
Published: 2020
Total Pages: 402
ISBN-13: 0674244656
DOWNLOAD EBOOKPsychologist John Jost has spent decades researching poor people who vote for policies of inequality and women who think men deserve higher salaries. He argues that the persecuted often justify and defend the very social systems that oppress them because doing so serves a fundamental need for certainty, security, and social acceptance.
Author: Rainer Forst
Publisher: Columbia University Press
Published: 2012
Total Pages: 370
ISBN-13: 0231147082
DOWNLOAD EBOOKContemporary philosophical pluralism recognizes the inevitability and legitimacy of multiple ethical perspectives and values, making it difficult to isolate the higher-order principles on which to base a theory of justice. Rising up to meet this challenge, Rainer Forst, a leading member of the Frankfurt School's newest generation of philosophers, conceives of an "autonomous" construction of justice founded on what he calls the basic moral right to justification. Forst begins by identifying this right from the perspective of moral philosophy. Then, through an innovative, detailed critical analysis, he ties together the central components of social and political justice--freedom, democracy, equality, and toleration--and joins them to the right to justification. The resulting theory treats "justificatory power" as the central question of justice, and by adopting this approach, Forst argues, we can discursively work out, or "construct," principles of justice, especially with respect to transnational justice and human rights issues. As he builds his theory, Forst engages with the work of Anglo-American philosophers such as John Rawls, Ronald Dworkin, and Amartya Sen, and critical theorists such as Jürgen Habermas, Nancy Fraser, and Axel Honneth. Straddling multiple subjects, from politics and law to social protest and philosophical conceptions of practical reason, Forst brilliantly gathers contesting claims around a single, elastic theory of justice.
Author: Ester Herlin-Karnell
Publisher:
Published: 2020
Total Pages: 385
ISBN-13: 0190889055
DOWNLOAD EBOOKThis volume analyzes Rainer Forst's theory of the right to justification from legal-philosophical and constitutional-theoretical perspectives. The contributions address issues such as the philosophical foundations of justification and constitutionalism, the justification of human rights, the requirements of social justice, and important elements of constitutional law. Forst responds to the contributions in a concluding chapter.
Author: Maria Borges
Publisher: Cambridge Scholars Publishing
Published: 2023-04-25
Total Pages: 174
ISBN-13: 1527504778
DOWNLOAD EBOOKThis book details the struggle to establish and maintain democracy and justice in Brazil after 2000. From 1964 to 1984, Brazil had a dictatorship, which was followed by democratic elections. Later, from 2003 to 2016, the nation enjoyed a very popular and democratic government under President Lula and President Dilma, who created many social and educational programs that raised 32 million people out of extreme poverty. However, as this book highlights, since 2013, the nation has witnessed the rise of a very conservative movement, which led to the impeachment of President Dilma (2016), to the imprisonment of President Lula (2018) and to the election of a right-wing president, who represented a decline in democracy and rights from 2018 to 2022. In 2022, we had new elections, with the victory of President Lula, who took office on January 1, 2023. This book advocates for a new period in Brazilian politics, with full democracy, respect for the rule of law and social justice.
Author: John T. Jost
Publisher: Oxford University Press
Published: 2009-03-11
Total Pages: 548
ISBN-13: 0195320913
DOWNLOAD EBOOKThis book is the first of its kind, bringing together formerly independent lines of research on ideology and system justification. Leading scientists and scholars from psychology, sociology, political science, law, and organizational behavior present their cutting-edge theorizing and research on such topics as the social, personality, cognitive, and motivational antecedents and consequences of adopting liberal versus conservative ideologies, the social and psychological functions served by political and religious ideologies, and the myriad ways in which people defend, bolster, and justify the social systems they inhabit.
Author: Dale T. Snauwaert
Publisher: Cambridge Scholars Publishing
Published: 2023-07-07
Total Pages: 254
ISBN-13: 1527518671
DOWNLOAD EBOOKThis book explores the normative dimensions of peace studies and peace education through the lens of moral and political philosophy. The purpose is to explore the idea of peace as a matter of justice, and to articulate a pedological framework for the development and exercise of citizens’ capacities for moral reasoning and judgment regarding potential responses to the basic questions of justice, including resisting injustice. The just conditions necessary for peace are contingent upon the informed participation of democratic citizens who are capable of becoming dynamic agents of justice. The development of citizens’ capacity for moral reasoning and judgment is of paramount importance, for it constitutes a necessary condition for the realization of justice and peace on all levels of human society, from local to global. The book will be of interest to both students and all those interested in thinking about peace as a matter of justice.
Author: Oswald Bayer
Publisher: Wm. B. Eerdmans Publishing
Published: 2003-08-29
Total Pages: 106
ISBN-13: 9780802839879
DOWNLOAD EBOOK"Living by faith" is much more than a general Christian precept; it is the fundamental posture of believers in a world rife with suffering and injustice. In this penetrating reflection on the meaning of "justification," Oswald Bayer shows how this key religious term provides a comprehensive horizon for discussing every aspect of Christian theology, from creation to the end times. Inspired by and interacting with Martin Luther, the great Christian thinker who grappled most intensely with the concept of justification, Bayer explores anew the full range of traditional dogmatics (sin, redemption, eschatology, and others), placing otherwise complex theological terms squarely within their proper milieu -- everyday life. In the course of his discussion, Bayer touches on such deep questions as the hidden nature of God, the hope for universal justice, the problem of evil, and -- one of the book's most engaging motifs -- Job's daring lawsuit with God.
Author: Humberto Ávila
Publisher: Springer
Published: 2016-07-20
Total Pages: 534
ISBN-13: 3319334077
DOWNLOAD EBOOKInstead of the usual apologetic treatment found in legal doctrine, linked to the determinacy, immutability or predictability of norms, this book treats legal certainty innovatively, holistically and in depth. Using a method at once analytical and functional, Professor Ávila examines the structural elements of legal certainty, from its definition and foundations to its various dimensions, normative forces and efficacies, citing a wealth of examples from case law to support each of the theses defended. No subject is more important and topical than legal certainty. Problems relating to lack of understanding, instability and unpredictability of law intensify day by day everywhere, in civil law and common law countries alike. Normative sources are increasingly diverse in origin (national, international, community) and multiple in nature (legal, contractual, jurisprudential). They change constantly, and present increasingly frequent problems of ambiguity and vagueness that significantly hinder their comprehension. This state of affairs, which to a greater or lesser extent is true of any legal order, justifies a return to the subject of legal certainty. In this book, essential questions are answered such as: Legal certainty in what sense? Certainty of what, for whom, in whose vision and by whom? When, to what extent, and to what end? “(...) it is probably the most comprehensive and systematic study ever produced on this subject using the analytical method.” (Riccardo Guastini, Professor of Jurisprudence, University of Genoa, Italy)
