Law, Obligation, Community

Law, Obligation, Community PDF

Author: Daniel Matthews

Publisher: Routledge

Published: 2018

Total Pages: 272

ISBN-13: 9780203733486

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Against an ever-expanding and diversifying 'rights talk', this book re-opens the question of obligation from not only legal but also ethical, sociological and political perspectives. Its premise is that obligation has a primacy ahead of rights, because rights attach to practices and modes of being that are already saturated with obligations. Obligations thus lie at the core not just of law but of community. Yet the distinctive meanings, range and situations of obligation have tended to remain under-theorised in legal scholarship. In response, this book examines the sense in which we are multiply 'bound beings', to law and legal institutions, as much as we are to place, community, memory and the various social institutions that give shape to collective life. Sharing this set of concerns, each of the international group of scholars contributing to this volume traces the specificity of the binding force of obligations, their techniques and modes of expression, as well as their centrally important role in giving form to lawful relations. Together they provide an innovative and challenging contribution to legal scholarship: one that will also be of relevance to those working in politics, philosophy and social theory.

Law, Obligation, Community

Law, Obligation, Community PDF

Author: Daniel Matthews

Publisher: Routledge

Published: 2018-06-27

Total Pages: 272

ISBN-13: 1351403699

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Against an ever-expanding and diversifying ‘rights talk’, this book re-opens the question of obligation from not only legal but also ethical, sociological and political perspectives. Its premise is that obligation has a primacy ahead of rights, because rights attach to practices and modes of being that are already saturated with obligations. Obligations thus lie at the core not just of law but of community. Yet the distinctive meanings, range and situations of obligation have tended to remain under-theorised in legal scholarship. In response, this book examines the sense in which we are multiply ‘bound beings’, to law and legal institutions, as much as we are to place, community, memory and the various social institutions that give shape to collective life. Sharing this set of concerns, each of the international group of scholars contributing to this volume traces the specificity of the binding force of obligations, their techniques and modes of expression, as well as their centrally important role in giving form to lawful relations. Together they provide an innovative and challenging contribution to legal scholarship: one that will also be of relevance to those working in politics, philosophy and social theory.

Obligations in Roman Law

Obligations in Roman Law PDF

Author: Thomas McGinn

Publisher: University of Michigan Press

Published: 2013-01-23

Total Pages: 367

ISBN-13: 047202857X

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Long a major element of classical studies, the examination of the laws of the ancient Romans has gained momentum in recent years as interdisciplinary work in legal studies has spread. Two resulting issues have arisen, on one hand concerning Roman laws as intellectual achievements and historical artifacts, and on the other about how we should consequently conceptualize Roman law. Drawn from a conference convened by the volume's editor at the American Academy in Rome addressing these concerns and others, this volume investigates in detail the Roman law of obligations—a subset of private law—together with its subordinate fields, contracts and delicts (torts). A centuries-old and highly influential discipline, Roman law has traditionally been studied in the context of law schools, rather than humanities faculties. This book opens a window on that world. Roman law, despite intense interest in the United States and elsewhere in the English-speaking world, remains largely a continental European enterprise in terms of scholarly publications and access to such publications. This volume offers a collection of specialist essays by leading scholars Nikolaus Benke, Cosimo Cascione, Maria Floriana Cursi, Paul du Plessis, Roberto Fiori, Dennis Kehoe, Carla Masi Doria, Ernest Metzger, Federico Procchi, J. Michael Rainer, Salvo Randazzo, and Bernard Stolte, many of whom have not published before in English, as well as opening and concluding chapters by editor Thomas A. J. McGinn.

Boundaries of Obligation in American Politics

Boundaries of Obligation in American Politics PDF

Author: Cara J. Wong

Publisher: Cambridge University Press

Published: 2010-03-08

Total Pages: 287

ISBN-13: 1139487132

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This book shows how ordinary Americans imagine their communities and the extent to which their communities' boundaries determine who they believe should benefit from the government's resources via redistributive policies. By contributing extensive empirical analyses to a largely theoretical discussion, it highlights the subjective nature of communities while confronting the elusive task of pinning down 'pictures in people's heads'. A deeper understanding of people's definitions of their communities and how they affect feelings of duties and obligations provides a new lens through which to look at diverse societies and the potential for both civic solidarity and humanitarian aid. This book analyzes three different types of communities and more than eight national surveys. Wong finds that the decision to help only those within certain borders and ignore the needs of those outside rests, to a certain extent, on whether and how people translate their sense of community into obligations.

Obligations

Obligations PDF

Author: Scott Veitch

Publisher: Routledge

Published: 2021-02-23

Total Pages: 167

ISBN-13: 1000344851

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Obligations: New Trajectories in Law provides a critical analysis of the role of obligations in contemporary legal and social practices. As rights have become the preeminent feature of modern political and legal discourse, the work of obligations has been overshadowed. Questioning and correcting this dominant image of our time, this book brings obligations back into view in a way that fits better with the realities of contemporary social life. Following a historical account of the changing place and priorities of obligations in modernity, the book analyses how obligations and practices of obedience are core to understanding how law sustains conditions of inequality. But it also explores the enduring role obligations play in furthering individual and collective well-being, highlighting their significance in practices that prioritize human and environmental needs, common goods, and solidarity. In doing so, it also offers an alternative and cogent assessment of the force, and the potential, of obligations in contemporary societies. This original jurisprudential contribution will appeal to an academic and student readership in law, politics, and the social sciences.

Positive Obligations in Criminal Law

Positive Obligations in Criminal Law PDF

Author: Andrew Ashworth

Publisher: A&C Black

Published: 2014-07-18

Total Pages: 375

ISBN-13: 1782253424

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This book offers a set of essays, old and new, examining the positive obligations of individuals and the state in matters of criminal law. The centrepiece is a new, extended essay on the criminalisation of omissions-examining the duties to act imposed on individuals and organisations by the criminal law, and assessing their moral and social foundations. Alongside this is another new essay on the state's positive obligations to put in place criminal laws to protect certain individual rights. Introducing the volume is the author's much-cited essay on criminalisation, 'Is the Criminal Law a Lost Cause?'. The book sets out to shed new light on contemporary arguments about the proper boundaries of the criminal law, not least by exploring the justifications for imposing positive duties (reinforced by the criminal law) on individuals and their relation to the positive obligations of the state.

Comparative Law of Obligations

Comparative Law of Obligations PDF

Author: Vicente, Dário M.

Publisher: Edward Elgar Publishing

Published: 2021-12-09

Total Pages: 496

ISBN-13: 1789905818

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This comprehensive book provides a comparative overview of legal institutions that intersect with everyday life: contracts, unilateral legal transactions, torts, negotiorum gestio and unjust enrichment. These institutions form the core of the Law of Obligations, which is examined in this book from the perspective of all major legal traditions including Civil, Common, Islamic and Chinese law.

I Do Solemnly Swear

I Do Solemnly Swear PDF

Author: Steve Sheppard

Publisher: Cambridge University Press

Published: 2009-04-27

Total Pages: 305

ISBN-13: 0521513685

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This book asks whether officials can be moral and still follow the law, answering that the law requires them to do so.

Protecting Community Interests Through

Protecting Community Interests Through PDF

Author: ZYBERI

Publisher: Intersentia

Published: 2021-11-19

Total Pages: 350

ISBN-13: 9781839701122

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This book analyzes the function and role of international law in a framework of increased global governance by focusing on how 'community interests' are articulated and protected in various areas, including the global commons, and human rights and security related issues.