Pluralism and Law / Edition 1

Pluralism and Law / Edition 1

by A. Soeteman
     
 

ISBN-10: 0792370392

ISBN-13: 9780792370390

Pub. Date: 06/30/2001

Publisher: Springer Netherlands

Different developments in our world pose a challenge to legal and soci al philosophers. What can we say about justice in a pluralist world? I s there some universal justice? Are there universal human rights? What is the function of the state in the modern world? How should the law deal with global problems, such as the environment or migration? And h ow can we or

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Overview

Different developments in our world pose a challenge to legal and soci al philosophers. What can we say about justice in a pluralist world? I s there some universal justice? Are there universal human rights? What is the function of the state in the modern world? How should the law deal with global problems, such as the environment or migration? And h ow can we or should we argue about such issues? Such are the problems dealt with by the 20th world congress of the International Association for Philosophy of Law and Social Philosophy, held in Amsterdam in Jun e 2001 and published in this book, which can be read with pleasure and profit by legal and social philosophers, students of human rights, po litical philosophers and all those who want to know about the challeng es posed to the law by modernity.

Product Details

ISBN-13:
9780792370390
Publisher:
Springer Netherlands
Publication date:
06/30/2001
Edition description:
2001
Pages:
388
Product dimensions:
6.10(w) x 9.25(h) x 0.36(d)

Table of Contents

Introduction
Ch. 1Formal Justice as a Common Language1
Ch. 2Retribution in the Transition to Democracy19
Ch. 3Hate Speech and the Law: A Canadian Perspective37
Ch. 4Human Rights and the Partial Eclipse of Justice55
Ch. 5L'Etat, les Pouvoirs et la Liberte71
Ch. 6Pluralism, Social Conflict, and Tolerance85
Ch. 7Humanitarian Intervention and the Self-Image of the State107
Ch. 8The Boundaries of Democratic Pluralism133
Ch. 9Law, Rights and Democracy after Totalitarianism155
Ch. 10A "Struggle Approach" to Human Rights171
Ch. 11Ethics Codes: The Regulatory Norms of a Globalized Society?191
Ch. 12Plurality of Cultures and Natural Law223
Ch. 13Cultural Pluralism and the Idea of Human Rights235
Ch. 14Legal Reasoning and Systematization of Law251
Ch. 15A Perspective on Comparative Legal Methodology and its Barriers279
Ch. 16A Semiotic Perspective on the Comparison of Analogical Reasoning in Secular and Religious Legal Systems295
Ch. 17Why is Legal Reasoning Defeasible?327
Ch. 18Legal Logic, Its existence, nature and use347
Ch. 19Collective Intentions, Legislative Intents, and Social Choice375
The Authors387

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