This thought-provoking book stimulates dialogue and action on the role of global ethics in the governance of individual societies and the international order. Such inquiry is imperative given the extraordinary challenges that face the world today. Leading figures in environmental ethics, philosophy and law approach questions surrounding global ethics and governance from a range of cultural and philosophical perspectives.
The Crisis in Global Ethics and the Future of Global Governance
Fulfilling the Promise of the Earth Charter
Edited by Peter Burdon, Klaus Bosselmann and Kirsten Engel
Monograph Chapter
In The Crisis in Global Ethics and the Future of Global Governance
Edited by Peter Burdon, Klaus Bosselmann and Kirsten Engel
- Published:
- 1 October 2019
Collection:
Law 2019
Edited by Peter Burdon, Klaus Bosselmann and Kirsten Engel
Monograph Chapter
In The Crisis in Global Ethics and the Future of Global Governance
Edited by Peter Burdon, Klaus Bosselmann and Kirsten Engel
- Published:
- 1 October 2019
Collection:
Law 2019
Gary Chartier and Jere L. Fox
Gary Chartier and Jere L. Fox’s chapter examines the relationship between natural law and the state. Contemporary natural law theorists, particularly those working in the Aristotelian-Thomist tradition, have tended to view the state as necessary to secure human flourishing. Chartier and Fox seek to undermine this assumption. Natural law theorists, they argue, should deny that the state is necessary or desirable to secure the common good. The authors draw attention to an alternative natural law tradition represented by evolutionary social theorists such as Adam Smith, Lysander Spooner, and Friedrich A. Hayek, arguing that these theorists’ understandings of the basis of social order holds lessons for adherents of the Aristotelian-Thomist outlook. Chartier and Fox begin their chapter by exploring the role of consensual social institutions in securing the common good (understood in a narrow sense as the good of just social order). They then critically assess the influential natural law arguments for state authority offered by Germain Grisez, Joseph Boyle, and John Finnis, before explaining why non-state norms and institutions should be regarded as a viable route to ensuring social stability.
Handbook Chapter
In Research Handbook on Natural Law Theory
Jonathan Crowe and Constance Y. Lee
- Published:
- 1 October 2019
Collection:
Law 2019
Monograph Chapter
In The Crisis in Global Ethics and the Future of Global Governance
Edited by Peter Burdon, Klaus Bosselmann and Kirsten Engel
- Published:
- 1 October 2019
Collection:
Law 2019
Handbook Chapter
In Research Handbook on Natural Law Theory
Jonathan Crowe and Constance Y. Lee
- Published:
- 1 October 2019
Collection:
Law 2019
Jonathan Crowe and Constance Y. Lee
This thought-provoking Research Handbook provides a snapshot of current research on natural law theory in ethics, politics and law, showcasing the breadth and diversity of contemporary natural law thought. The Research Handbook on Natural Law Theory examines topics such as foundational figures in Western natural law theory, natural law ideas in a variety of religious and cultural traditions, normative foundations of natural law, as well as issues of law and governance. Featuring contributions by leading international scholars, this Research Handbook offers a valuable resource for scholars in law, philosophy, religious studies and related fields.
Massimo La Torre, Leone Niglia and Mart Susi
This book’s aim is to take seriously the legal theoretical thesis that the law has a double dimension: a ‘real’ or ‘conventional’ dimension, which is somehow a matter of course and a reflection of the concrete legal practice in the world of facts, and an ‘ideal’ or ‘normative’ dimension, which one finds in the aspi¬rations and claims that accompany that same legal practice and facts. Law is factual, but it is also ideal and/or normative, and this is in the common percep¬tion of citizens and legal practitioners related to a notion of justice. This double dimension of law has been articulated in different ways by several philoso¬phers of law and legal scholars, and has recently found a powerful elaboration in Professor Robert Alexy’s theory of the nature of law. In this book we take as a starting point Professor Alexy’s proposal and at the same time attempt to present an original discussion about law and rights. As a matter of fact it is legal rights and principles that best express what is commonsensically meant by the ideal and normative dimensions of law.
Monograph Chapter
In The Quest for Rights
Edited by Massimo La Torre, Leone Niglia and Mart Susi
- Published:
- 30 August 2019
Collection:
Law 2019
Edited by Emilios Christodoulidis, Ruth Dukes and Marco Goldoni
Handbook Chapter
In Research Handbook on Critical Legal Theory
Edited by Emilios Christodoulidis, Ruth Dukes and Marco Goldoni
- Published:
- 30 August 2019
Collection:
Law 2019
The Quest for Rights
Ideal and Normative Dimensions
Edited by Massimo La Torre, Leone Niglia and Mart Susi
This discerning book explores the concept of human and fundamental rights, originating from the seminal work by the German legal scholar and constitutional lawyer Robert Alexy. Recognising the growing challenges to the idea of the universality of Human Rights, expert scholars consider time-independent conceptual questions which inevitably lie at the heart of any contemporary human rights discourse: What is the justification of balancing and/or trading off fundamental rights against other rights and collective goods? And are there utilitarian considerations that can limit the normative force of human rights?