Toward a New Legal Common Sense

Toward a New Legal Common Sense PDF

Author: Boaventura de Sousa Santos

Publisher: Cambridge University Press

Published: 2002-09

Total Pages: 596

ISBN-13: 9780406949974

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The text emphasises a need for reconstruction of legality based on locality, nationality and globality.

Global Justice and Our Epochal Mind

Global Justice and Our Epochal Mind PDF

Author: Xunwu Chen

Publisher: Rowman & Littlefield

Published: 2019-10-23

Total Pages: 281

ISBN-13: 1498596347

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Global Justice and Our Epochal Mind explores the mind of our epoch, defined as the period since the Nuremberg Trial and the establishment of the United Nations in 1945. Xunwu Chen examines four defining ideas of this epoch—global justice, cosmopolitanism, crimes against humanity, and cultural toleration—as well as the structural relationships among these ideas. Chen argues that the mind of our epoch is essentially the mind of humanity. Its world view, horizon, standpoint, norms, standards, and vocabularies are of humanity, by humanity, and for humanity, and all are embodied in human institutions and practices throughout the globe. Meanwhile, our epochal mind has a dialectical relationship with particular cultures bearing normative force. As a metaphysical subjectivity and substance, humanity is the source of all human values in our epoch and defines what can and should be human values and virtues. Humankind, therefore, are a people with socio-political and legal sovereignty, sharing a common fate. This novel study brings a cross-cultural approach and will be of great interest to students and scholars of philosophy, political science, sociology, and the humanities more broadly.

Jus Humanitatis

Jus Humanitatis PDF

Author: Valentin Tomberg

Publisher:

Published: 2023-05-18

Total Pages: 0

ISBN-13: 9781621389316

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At the beginning of 1944, Valentin Tomberg (1900-1973), best-known at the time for his Christological works, moved to Cologne at the invitation of legal scholar Ernst von Hippel, and that same year was awarded the title of Doctor of Law for his dissertation, published by Angelico Press as The Art of the Good: On the Regeneration of Fallen Justice. Tomberg had come to regard the modern path away from a natural law founded upon religion and towards a legal positivism oriented towards power as a degeneration of the different levels of law, a "fall" he sought to reverse in the direction of regeneration. In his second jurisprudential work, here published as Jus Humanitatis: The Right of Humankind as Foundation for International Law, Tomberg presents the history of international law more broadly in such a way that it can serve the peaceful coexistence of all nations on earth. Invoking Thomistic terms, he presents the step-by-step dismantling of the edifice of law as the eclipse of the lex divina and lex naturalis in the so-called "law of nations" or international law-to the point that the higher vocation of international law came to be understood as nothing more than a legitimizing of absolute power, which then led to the modern totalitarian state. In this inspired text, Tomberg equips us to set about reversing this degradation and establishing the right or law of humankind as foundation for international law. "In Tomberg's eyes, the human catastrophe of the Second World War was a consequence of the degeneration of jurisprudence that had begun in the medieval controversy between Realism and Nominalism, continued in the Renaissance and Early Modern period, led to the European revolutions, and culminated in the modern totalitarian state. In the present text, he sought passionately to contribute to a regeneration of jurisprudence."-Michael Frensch, author of Weisheit in Person, Die Wiederkunft Christi, etc. "In this book, written amid the final devastations of WWII, Valentin Tomberg, who along with some other German jurists was regarded as a leading representative of the idea of natural law, defended the position that international law-which he conceived as the right or law of humankind as a whole-had to stand above the law of states. For him, this meant that external intervention is justified when international law is violated." -Harrie Salman, author of Valentin Tomberg and the Ecclesia Universalis "Valentin Tomberg penned this great treatise on international law literally in the ruins of World War II, and one can sense his fear that we may have learned nothing from the horrific conflict. Here Tomberg traces what he calls Hitler's 'spiritual family tree' (which is essentially legal positivism), making the compelling case that only when divine law and natural law are restored to their place above a robust international law, will the international order remain stable and peaceful. Subsequent history has sadly proven his thesis to have been correct."-Brian M. McCall, Editor-in-Chief, Catholic Family News

Authority and the Globalisation of Inclusion and Exclusion

Authority and the Globalisation of Inclusion and Exclusion PDF

Author: Hans Lindahl

Publisher: Cambridge University Press

Published: 2018-09-06

Total Pages: 477

ISBN-13: 1316827569

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Protracted and bitter resistance by alter- and anti-globalisation movements shows that the globalisation of law transpires as the globalisation of inclusion and exclusion. Humanity is inside and outside global law in all its possible manifestations. But how is this possible? How must legal orders be structured, such that, even if we can now speak of law beyond state borders, no emergent global legal order is possible that does not include without excluding? Is an authoritative politics of boundaries possible that neither postulates the possibility of realising an all-inclusive global legal order nor accepts resignation or political paralysis in the face of the globalisation of inclusion and exclusion? These pressing questions guide this book, opening up a vast field of enquiry that demands integrating sociological, doctrinal and philosophical perspectives and insights.

Challenges for Human Rights

Challenges for Human Rights PDF

Author: Fernando Falcón y Tella

Publisher: Martinus Nijhoff Publishers

Published: 2007

Total Pages: 153

ISBN-13: 9004160221

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Nowadays we are fortunate enough to be experiencing a boom in human rights - an enormous increase of their importance in the international sphere at all levels (political, economic, social, legal and moral). For the first time the condition of the individual as "citizen," and not just as "subject," has gained importance. Individuals, and not only states, have now become the subjects of international law, as a result of the boom in humanitarian law and international criminal law. However, although there have been many battles won and goals met concerning human rights, the war against injustice continues and the fight has not ended. It is necessary to stay alert and to avoid a potentially paralyzing self-complacency. This collection focusses on topics that are particularly relevant for the present era. It examines issues such as multiculturalism, globalization, international criminal justice (specifically third and fourth generation rights) and, within this thematic framework, the problems that have come about as a result of the expanding reach of the Internet and of new biomedical advances. In addition, it explores the increasingly urgent challenge of how to respond to international terrorism, in view of worldwide events since September 11, 2001, and its resulting aftermath. Originally published in Spanish, this thought-provoking collection will be of interest to human rights scholars and practitioners alike.

Human Rights and Climate Change

Human Rights and Climate Change PDF

Author: Stephen Humphreys

Publisher: Cambridge University Press

Published: 2009-12-03

Total Pages: 369

ISBN-13: 1139484974

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As the effects of climate change continue to be felt, appreciation of its future transformational impact on numerous areas of public law and policy is set to grow. Among these, human rights concerns are particularly acute. They include forced mass migration, increased disease incidence and strain on healthcare systems, threatened food and water security, the disappearance and degradation of shelter, land, livelihoods and cultures, and the threat of conflict. This inquiry into the human rights dimensions of climate change looks beyond potential impacts to examine the questions raised by climate change policies: accountability for extraterritorial harms; constructing reliable enforcement mechanisms; assessing redistributional outcomes; and allocating burdens, benefits, rights and duties among perpetrators and victims, both public and private. The book examines a range of so-far unexplored theoretical and practical concerns that international law and other scholars and policy-framers will find increasingly difficult to ignore.

A Changing Environment for Human Security

A Changing Environment for Human Security PDF

Author: Linda Sygna

Publisher: Routledge

Published: 2013-06-26

Total Pages: 570

ISBN-13: 1136272496

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Environmental change presents a new context and new opportunities for transformational change. This timely book will inspire new ways of understanding the relationship between environmental change and human security. A Changing Environment for Human Security: Transformative Approaches to Research, Policy and Action both supports and informs a call for new, transformative approaches to research, policy and action. The chapters in this book include critical analyses, case studies and reflections on contemporary environmental and social challenges, with a strong emphasis on those related to climate change. Human thoughts and actions have contributed to an environment of insecurity, manifested as multiple interacting threats that now represent a serious challenge to humanity. Yet humans also have the capacity to collectively transform the economic, political, social and cultural systems and structures that perpetuate human insecurities. These fresh perspectives on global environmental change from an interdisciplinary group of international experts will inspire readers – whether students, researchers, policy makers, or practitioners – to think differently about environmental issues and sustainability. The contributions show that in a changing environment, human security is not only a possibility, but a choice.