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The Calling of Global Responsibility: New Initiatives in Justice, Dialogues and Planetary Realizations (Ethics, Human Rights and Global Political Thought)
by Ananta Kumar GiriThis book rethinks and transforms the current discourse on globalization and global justice. It expands the idea of globalization from an economic or corporate context to mean humanization and planetary realizations — moving beyond the boundaries of nation-states and other human-made demarcations. The author challenges the notion of human primacy and makes a fervent call to reconfigure the paradigm of anthropocentrism. Through a careful study of movements for justice and inter-faith dialogue from across the world, the book makes a unique contribution to the emerging study of global responsibility. It also helps us overcome our current civilizational crises and cultivate a new civilization of planetary care and co-responsibility. Part of the Ethics, Human Rights and Global Political Thought series, the volume will be of great interest to scholars and researchers of law and society, especially social movements, political theory and philosophy.
The Calling of Law: The Pivotal Role of Vocational Legal Education (Emerging Legal Education)
by Fiona Westwood and Karen BartonAs one of the ’learned’ professions requiring advanced learning and high principles, law enjoys a special standing in society. In return for its status and rank, the legal profession is expected to exhibit the highest levels of honesty, trust and morality, the very values which underpin the legal system itself. This, in turn, entrusts to legal education a particular problem of addressing, not only the substantive elements of the body of law, but a means through which the characteristics of the ’calling’ of law are imparted and instilled. At a time when the very essence of the legal profession is under threat, this book calls for a realignment of the legal curriculum and pedagogies so as to emphasise the development of culture over industry; character over eloquence; and calling over skill. Chapters are grouped around the core content and key themes of Curiosity, Calling, Character and Conscientiousness, Contract, and Culture. The volume includes contributions from leading experts, drawn internationally and from other professional disciplines in order to present alternative approaches aimed at tackling common issues, providing insight, and provoking debate.
The Cambridge Companion to Ancient Greek Law
by Michael Gagarin David CohenThis Companion volume provides a comprehensive overview of the major themes and topics pertinent to ancient Greek law. A substantial introduction establishes the recent historiography on this topic and its development over the last 30 years. Many of the 22 essays, written by an international team of experts, deal with procedural and substantive law in classical Athens, but significant attention is also paid to legal practice in the archaic and Hellenistic eras; areas that offer substantial evidence for legal practice, such as Crete and Egypt; the intersection of law with religion, philosophy, political theory, rhetoric, and drama, as well as the unity of Greek law and the role of writing in law. The volume is intended to introduce non-specialists to the field as well as to stimulate new thinking among specialists.
The Cambridge Companion to Aristotle's Nicomachean Ethics
by Ronald PolanskyAristotle's Nicomachean Ethics is the first and arguably most important treatise on ethics in Western philosophy. It remains to this day a compelling reflection on the best sort of human life and continues to inspire contemporary thought and debate. This Cambridge Companion includes twenty essays by leading scholars of Aristotle and ancient philosophy that cover the major issues of this foundational text. The essays in this volume shed light on Aristotle's rigorous and challenging thinking on questions such as: Can there be a practical science of ethics? What is happiness? Can we arrive at convincing accounts of virtues? Are we responsible for our character? How does moral virtue relate to good thinking? Can we act against our reasoned choice? What is friendship? Is the contemplative life the highest kind of life?
The Cambridge Companion to Christian Ethics
by Robin GillFollowing the same formula as other Cambridge Companions, this book is written by leading international experts in Christian ethics and is aimed at students on upper-level undergraduate courses, at teachers and at graduate students. It will be useful as well to ministers and other professionals within the church. Its eighteen chapters provide a thorough introduction to Christian ethics which is both authoritative and up-to-date. All contributors have been chosen because they are significant scholars with a proven track record of balanced, comprehensive and comprehensible writing. The Companion examines the scriptural bases of ethics, introduces a variety of approaches to ethics including those informed by considerations such as gender and by other faiths such as Judaism, and then discusses Christian ethics in the context of contemporary issues including war and the arms trade, social justice, ecology, economics, and medicine and genetics. The book offers a superb overview of its subject.
The Cambridge Companion to Comparative Constitutional Law (Cambridge Companions to Law)
by Roger Masterman Robert SchützeWhat is the purpose of comparative constitutional law? Comparing constitutions allows us to consider the similarities and differences in forms of government, and the normative philosophies behind constitutional choices. Constitutional comparisons offer 'hermeneutic' help: they enable us to see 'our' own constitution with different eyes and to locate its structural and normative choices by references to alternatives evident in other constitutional orders. This Cambridge Companion presents readers with a succinct yet wide-ranging companion to a modern comparative constitutional law course, offering a wide-ranging yet concise introduction to the subject. Its twenty-two chapters are arranged into five thematic parts: starting with an exploration of the 'theoretical foundations' (Part I) and some important 'historical experiences' (Part II), it moves on to a discussion of the core 'constitutional principles' (Part III) and 'state institutions' (Part IV); finally it analyses forms of 'transnational' constitutionalism (Part V) that have emerged in our 'global' times.
The Cambridge Companion to Comparative Family Law (Cambridge Companions to Law)
by Jonathan Herring Shazia ChoudhryFamilies and family law have encountered significant challenges in the face of rapid changes in social norms, demographics and political expectations. The Cambridge Companion to Comparative Family Law highlights the key questions and themes that have faced family lawyers across the world. Each chapter is written by internationally renowned academic experts and focuses on which of these themes are most significant to their jurisdictions. In taking this jurisdictional approach, the collection will explore how different countries have tackled these issues. As a result, the collection is aimed at students, practitioners and academics across a variety of disciplines interested in the key issues faced by family law around the world and how they have been addressed.
The Cambridge Companion to Comparative Law
by Mauro Bussani Ugo MatteiWe can only claim to understand another legal system when we know the context surrounding the positive law in which lawyers are trained. To avoid ethnocentricity and superficiality, we must go beyond judicial decisions, doctrinal writings and the black-letter law of codes and statutes and probe the 'deeper structures' where law meets cultural, political, socio-economic factors. It is only when we acquire such awareness and knowledge of the critical factors affecting both the backgrounds and implications of rules that it becomes possible to control the present and possibly future developments of the world's legal institutions. This collection of essays aims to provide the reader with a fundamental understanding of the dynamic relationship between the law and its cultural, political and socio-economic context.
The Cambridge Companion to European Criminal Law (Cambridge Companions to Law)
by Kai Ambos Peter RackowEuropean Criminal Law has developed into a complex, jagged subject matter, which at the same time has become increasingly important for everyday criminal law practice. On the one hand, this work aims to do comprehensive justice to the complexity of the matter without sacrificing readability. In order to achieve this, the book's structure enables legal scholars and experienced practitioners to access the information relevant to them in a targeted manner and, at the same time, enables less oriented readers to gain access to European criminal law. Thus, the volume both answers basic questions and offers discussion in more specialised areas. Written by experts in the field, the book offers discussions which are both of the highest academic standards and accessibly readable.
The Cambridge Companion to European Union Private Law
by Christian Twigg-FlesnerThe emergence of EU Private Law as an independent legal discipline is one of the most significant developments in European legal scholarship in recent times. In this Companion, leading scholars provide a critical introduction to the subject's key areas, while offering original and thought-provoking comment on the field. In addition to several chapters on consumer law topics, the collection has individual chapters on commercial contracts, competition law, non-discrimination law, financial services and travel law. It also discusses the wider issues concerning EU Private Law, such as its historical evolution, the role of comparative law, language and terminology, as well as the implications of the Common Frame of Reference project. A useful 'scene-setting' introduction and further reading arranged thematically make this important publication the student's and scholar's first port of call when exploring the field.
The Cambridge Companion to Gender and the Law (Cambridge Companions to Law)
by Ruth Rubio-Marín Stéphanie Hennette VauchezTo what extent is the legal subject gendered? Using illustrative examples from a range of jurisdictions and thematically organised chapters, this volume offers a comprehensive consideration of this question. With a systematic, accessible approach, it argues that law and gender work to co-produce the legal subject. Cumulatively, the volume's chapters provide a systematic evaluation of the key facets of the legal subject: the corporeal, the functional and the communal. Exploring aspects of the legal subject from the ways in which it is sexed and sexualised to its national and familial dimensions, this volume develops a complete account of the various processes through which legal orders produce gendered subjects. Across its chapters, each theoretically ambitious in its own right, this volume outlines how the law not only acts on the social world, but genders it.
The Cambridge Companion to Hugo Grotius (Cambridge Companions to Law)
by Randall Lesaffer Janne E. NijmanThe Cambridge Companion to Grotius offers a comprehensive overview of Hugo Grotius (1583–1645) for students, teachers, and general readers, while its chapters also draw upon and contribute to recent specialised discussions of Grotius' oeuvre and its later reception. Contributors to this volume cover the width and breadth of Grotius' work and thought, ranging from his literary work, including his historical, theological and political writing, to his seminal legal interventions. While giving these various fields a separate treatment, the book also delves into the underlying conceptions and outlooks that formed Grotius' intellectual map of the world as he understood it, and as he wanted it to become, giving a new political and religious context to his forays into international and domestic law.
The Cambridge Companion to International Arbitration (Cambridge Companions to Law)
by C. L. LimThis Cambridge Companion explores the main senses of the term 'international arbitration'; including the arbitration of private commercial disputes, disputes between a State and a foreign investor, disputes between States and also between a State and its parts. It treats these various forms as being inter-related, if not always conceptually, then as a matter of history, rather than as collective victims of imprecise language. The book touches not only on current debates but also more foundational aspects, such as the tension between party autonomy and State authority, and the pacifist roots of modern international arbitration. Thus, it aims to offer a concise survey of the history, the main issues as well as the latest developments in a single, handy volume. It will be an invaluable introduction to the subject for students studying international arbitration, commercial law and international law, and also lawyers and the general reader.
The Cambridge Companion to International Criminal Law
by William A. SchabasThis comprehensive introduction to international criminal law addresses the big issues in the subject from an interdisciplinary perspective. Expert contributors include international lawyers, judges, prosecutors, criminologists and historians, as well as the last surviving prosecutor of the Nuremberg Trials. Serving as a foundation for deeper study, each chapter explores key academic debates and provides guidelines for further reading. The book is organised around several themes, including institutions, crimes and trials. Purposes and principles place the discipline within a broader context, covering the relationship with human rights law, transitional justice, punishment and the imperatives of peace. Several tribunals are explored in depth, as are many emblematic trials. The book concludes with perspectives on the future.
The Cambridge Companion to International Law
by James Crawford James Crawford Martti Koskenniemi Surabhi Ranganathan Martti KoskenniemiThis intellectually rigorous introduction to international law encourages readers to engage with multiple aspects of the topic: as 'law' directing and shaping its subjects; as a technique for governing the world of states and beyond statehood; and as a framework within which several critical and constructivist projects are articulated. The articles situate international law in its historical and ideological context and examine core concepts such as sovereignty, jurisdiction and the state. Attention is also given to its operation within international institutions and in dispute settlement, and a separate section is devoted to international law's 'projects': protecting human rights, eradicating poverty, the conservation of resources, the regulation of international trade and investment and the establishment of international order. The diverse group of contributors draws from disciplinary orientations ranging from positivism to postmodernism to ensure that this book is informed theoretically and politically, as well as grounded in practice.
The Cambridge Companion to International Organizations Law (Cambridge Companions to Law)
by Jan KlabbersThe Cambridge Companion to International Organizations Law illuminates, from a legal perspective, what international organizations are, what makes them 'tick' and how they affect the world around them. It critically discusses such classic issues as the concept of international organization and membership, as well as questions of internal relations, accountability and how they make law, set standards and otherwise affect both their member states and the world around them. The volume further discusses the role of international organizations in particular policy domains, zooming in on domains which are not often discussed through international organizations, including disarmament, energy, food security and health. Eventually, a picture emerges of international organizations as complex phenomena engaging in all sorts of activities and relationships, the operation and authority of which is underpinned by the rules and regulations of international law.
The Cambridge Companion to Legal Positivism (Cambridge Companions to Law)
by Patricia MindusLegal positivism is one of the fundamental theories of jurisprudence studied in law and related fields around the world. This volume addresses how legal positivism is perceived and makes the case for why it is relevant for contemporary legal theory. The Cambridge Companion to Legal Positivism offers thirty-three chapters from leading scholars that provide a comprehensive commentary on the fundamental ideas of legal positivism, its history and major theorists, its connection to normativity and values, its current development and influence, as well as on the criticisms moved against it.
The Cambridge Companion to Natural Law Ethics (Cambridge Companions to Philosophy)
by Tom AngierNatural law ethics centres on the idea that ethical norms derive from human nature. The field has seen a remarkable revival since the millennium, with new work in Aristotelian metaphysics complementing innovative applied work in bioethics, economics and political theory. Starting with three chapters on the history of natural law ethics, this volume moves on to various twentieth-century theoretical innovations in the tradition, and then to natural law as embedded in the three Abrahamic faiths. It closes with sections on applied natural law ethics and the challenges and prospects for natural law ethics in the twenty-first century. Uniquely interdisciplinary and written without technical jargon, the book will be of great interest to students and researchers in philosophy, theology, political theory and economics. They will find this the go-to resource for cutting-edge thinking in natural law ethics.
The Cambridge Companion to Pufendorf (Cambridge Companions to Law)
by Knud Haakonssen Ian HunterIn the same intellectual league as Grotius, Hobbes and Locke, but today less well known, Samuel Pufendorf was an early modern master of political, juridical, historical and theological thought. Trained in an erudite humanism, he brought his copious command of ancient and modern literature to bear on precisely honed arguments designed to engage directly with contemporary political and religious problems. Through his fundamental reconstruction of the discipline of natural law, Pufendorf offered a new rationale for the sovereign territorial state, providing it with non-religious foundations in order to fit it for governance of multi-religious societies and to protect his own Protestant faith. He also drew on his humanist learning to write important political histories, a significant lay theology, and vivid polemics against his many opponents. This volume makes the full scope of his thought and writing accessible to English readers for the first time.
The Cambridge Companion to Rawls
by Samuel FreemanEach volume of this series of companions to major philosophers contains specially commissioned essays by an international team of scholars and will serve as a reference work for students and nonspecialists. John Rawls is the most significant and influential philosopher and moral philosopher of the twentieth century. His work has profoundly shaped contemporary discussions of social, political and economic justice in philosophy, law, political science, economics and other social disciplines. In this exciting collection of essays, many of the world's leading political and moral theorists discuss the full range of Rawls's contribution to the concepts of political and economic justice, democracy, liberalism, constitutionalism, and international justice. There are also assessments of Rawls's controversial relationships with feminism, utilitarianism and communitarianism. New readers will find this to be an accessible guide to Rawls. Advanced students and specialists will find a conspectus of developments in the interpretation of Rawls.
The Cambridge Companion to Roman Law
by David JohnstonThis book reflects the wide range of current scholarship on Roman law. The essays, newly-commissioned for this volume, cover the sources of evidence for classical Roman law; the elements of private law, as well as criminal and public law; and the second life of Roman law in Byzantium, in civil and canon law, and in political discourse from AD 1100 to the present. Roman law nowadays is studied in many different ways, which is reflected in the diversity of approaches in the essays. Some focus on how the law evolved in ancient Rome, others on its place in the daily life of the Roman citizen, still others on how Roman legal concepts and doctrines have been deployed through the ages. All of them are responses to one and the same thing: the sheer intellectual vitality of Roman law, which has secured its place as a central element in the intellectual tradition and history of the West.
The Cambridge Companion to Spinoza'S Ethics
by Olli KoistinenSince its publication in 1677, Spinoza's Ethics has fascinated philosophers, novelists, and scientists alike. It is undoubtedly one of the most exciting and contested works of Western philosophy. Written in an austere, geometrical fashion, the work teaches us how we should live, ending with an ethics in which the only thing good in itself is understanding. Spinoza argues that only that which hinders us from understanding is bad and shows that those endowed with a human mind should devote themselves, as much as they can, to a contemplative life. This 2009 Companion volume provides a detailed, accessible exposition of the Ethics. Written by an internationally known team of scholars, it is the first anthology to treat the whole of the Ethics and is written in an accessible style.
The Cambridge Companion to Virtue Ethics
by Daniel C. RussellVirtue ethics has emerged from a rich history, in which both Aristotle and Aquinas have played an important role, to become one of the fastest-growing fields in contemporary ethics. In this volume of newly commissioned essays, leading moral philosophers offer a comprehensive overview of virtue ethics. They examine the theoretical structure of virtue ethics and its place in contemporary moral theory and other topics discussed include the history of virtue-based approaches to ethics, what makes these approaches distinctive, what they can say about specific practical issues and where we can expect them to go in the future. This Companion will be useful to students of virtue ethics and the history of ethics and to others who want to understand how virtue ethics is changing the face of contemporary moral philosophy.
The Cambridge Companion to the First Amendment and Religious Liberty (Cambridge Companions to Law)
by Owen Anderson Michael D. BreidenbachThis book is an interdisciplinary guide to the religion clauses of the First Amendment with a focus on its philosophical foundations, historical developments, and legal and political implications. The volume begins with fundamental questions about God, the nature of belief and worship, conscience, freedom, and their intersections with law. It then traces the history of religious liberty and church-state relations in America through a diverse set of religious and non-religious voices from the seventeenth century to the most recent Supreme Court decisions. The Companion will conclude by addressing legal and political questions concerning the First Amendment and the court cases and controversies surrounding religious liberty today, including the separation of church and state, corporate religious liberty, and constitutional interpretation. This scholarly yet accessible book will introduce students and scholars alike to the main issues concerning the First Amendment and religious liberty, along with offering incisive new insights into one of the most important topics in American culture.
The Cambridge Companion to the International Court of Justice (Cambridge Companions to Law)
by Kate Parlett Carlos EspósitoAs international law has become more present in global policy-making, the International Court of Justice (ICJ) has come to occupy an essential and increasingly visible role in international relations. This collection explores substantive developments within the ICJ and offers critical perspectives on its historical and contemporary role. It also examines the growing role of the ICJ in the settlement of international disputes and assesses the impact of the ICJ's jurisprudence on the major areas of international law, from the territorial delimitation to human rights. With contributions from a diverse range of scholars and practitioners, the collection's contents combine a legal perspective with institutional and sociological insights on the functions of the ICJ. By considering the ICJ's character, jurisdiction and effectiveness, this collection offers a varied and holistic account of the International Court of Justice, an institution whose significance and influence only increase by the day.