Should Trees Have Standing?: Law, Morality, and the Environment, Stone Christopher D.

Автор: Haque Adil Ahmad
Название: Law and Morality at War
ISBN: 0199687390 ISBN-13(EAN): 9780199687398
Издательство: Oxford Academ
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Цена: 12514.00 р.
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Описание: What are the moral and legal issues of contemporary warfare? Drawing on cutting-edge debates in moral philosophy, this book proposes how the laws of war can be evaluated, criticized, and reformed, making a valuable and timely contribution to a pressing international debate.

Автор: Moka-Mubelo
Название: Reconciling Law and Morality in Human Rights Discourse
ISBN: 3319494953 ISBN-13(EAN): 9783319494951
Издательство: Springer
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Цена: 12577.00 р.
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Описание: In this book I argue for an approach that conceives human rights as both moral and legal rights. The merit of such an approach is its capacity to understand human rights more in terms of the kind of world free and reasonable beings would like to live in rather than simply in terms of what each individual is legally entitled to. While I acknowledge that every human being has the moral entitlement to be granted living conditions that are conducive to a dignified life, I maintain, at the same time, that the moral and legal aspects of human rights are complementary and should be given equal weight. The legal aspect compensates for the limitations of moral human rights the observance of which depends on the conscience of the individual, and the moral aspect tempers the mechanical and inhumane application of the law. Unlike the traditional or orthodox approach, which conceives human rights as rights that individuals have by virtue of their humanity, and the political or practical approach, which understands human rights as legal rights that are meant to limit the sovereignty of the state, the moral-legal approach reconciles law and morality in human rights discourse and underlines the importance of a legal framework that compensates for the deficiencies in the implementation of moral human rights. It not only challenges the exclusively negative approach to fundamental liberties but also emphasizes the necessity of an enforcement mechanism that helps those who are not morally motivated to refrain from violating the rights of others. Without the legal mechanism of enforcement, the understanding of human rights would be reduced to simply framing moral claims against injustices. From the moral-legal approach, the protection of human rights is understood as a common and shared responsibility. Such a responsibility goes beyond the boundaries of nation-states and requires the establishment of a cosmopolitan human rights regime based on the conviction that all human beings are members of a community of fate and that they share common values which transcend the limits of their individual states. In a cosmopolitan human rights regime, people are protected as persons and not as citizens of a particular state.

Автор: Kramer, Matthew H.
Название: Where Law and Morality Meet
ISBN: 0199546134 ISBN-13(EAN): 9780199546138
Издательство: Oxford Academ
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Цена: 7126.00 р.
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Описание: The question of how moral and legal reasoning interact has been a central focus in modern legal philosophy. Matthew Kramer here analyses the diverse ways in which moral principles enter legal systems, and presents a staunch defence of the `separability` thesis - that law is not inherently moral in its effects or motivational underpinnings.