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This volume collects some of the best recent writings on St. Thomas‘s philosophy of law and includes a critical examination of Aquinas‘s theory of the relation between law and morality, his natural law theory, as well as the modern reformulation of his approach to natural rights. The volume shows how Aquinas understood the importance of positive law and demonstrates the modern relevance of his writings by including Thomistic critiques of modern jurisprudence and examples of applications of Thomistic jurisprudence to specific modern legal problems such as federalism, environmental policy, abortion and euthanasia. The volume also features an introduction which places Aquinas‘s writings in the context of modern jurisprudence as well as an extensive bibliography. The volume is suited to the needs of jurisprudence scholars, teachers and students and is an essential resource for all law libraries.
This volume collects some of the best writings on Spinoza?s philosophy of law and includes a critical examination of Spinoza?s theory of the types of law, his natural law theory, as well as the modern reformulation of his approach to the nature of laws and to natural rights. This collection of essays (some of which are published in the English language for the very first time) shows how Spinoza was able to deliver a revolutionary idea of natural law that breaks away from the traditions of natural law and of legal positivism. The bulk of Spinoza?s references to law derive from his metaphysical and political texts, but they have sufficient depth in order to form a groundbreaking theory of law ...
This collection of articles brings together a selection of previously published work on Agamben?s thought in relation to law and gathered from within the legal field and theory in particular. The volume offers an exemplary range of varied readings, reflections and approaches which are of interest to readers, students and researchers of Agamben?s law-related work.
The essays collected in this volume reflect the profound impact of Martha Nussbaum‘s philosophical writings on law and legal scholarship. The capabilities approach that she has largely authored has influenced the approach scholars take to the law of disabilities, both in the United States and in Canada, as well as to international human rights and to domestic private law‘s protections of vulnerable populations. Her analyses of the relationship between our emotions and our thought and action has triggered a re-assessment of the legal regulation and recognition of emotion in a range of fields, most particularly in the field of criminal law; and her writing on the nature of dignity has informed an understanding of the emerging civil rights of gay and lesbian citizens worldwide. Our appreciation of the role of narrative in legal thought and discourse and the contributions of literature to law and legal culture, have also been broadened and deepened by her contributions. Taken together, and including the introduction by the editor, the essays collected in this volume demonstrate the far-reaching impact of Nussbaum‘s philosophical oeuvre.
The essays collected for this volume represent the best scholarly literature on Hugo Grotius available in the English language. In the English speaking world Grotius is not as well known as his fellow 17th century political philosophers, Thomas Hobbes or John Locke, but in legal theory Grotius is at least as important. Even on central political concepts such as liberty and property, Grotius has important views that should be explored by anyone working in legal and political philosophy. And Grotius?s work, especially De Jure Belli ac Pacis, is much more important in international law and the laws of war than anyone else?s work in the 17th or 18th centuries. This volume is therefore useful not only to Grotius scholars, but also to anyone interested in historical and modern debates on key issues in political and legal philosophy more broadly, and international law in particular.
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Uses a holistic, comprehensive approach to cover policies regarding a wide variety of subjects such as wildlife, recreation and timber. Specifically written to aid students in understanding how policies are developed and what their effects are. Includes numerous examples and case studies.