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9780792370390

Pluralism and Law

by ;
  • ISBN13:

    9780792370390

  • ISBN10:

    0792370392

  • Format: Hardcover
  • Copyright: 2001-06-01
  • Publisher: Kluwer Academic Pub
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Summary

While the modern world is divided into roughly 200 sovereign states, many of the problems we are experiencing are global in scale and cannot be solved by nation states acting alone. The one world has many different traditions, too: very different ideas exist about how a nation state should be organised politically, the universality of human rights, relations between women and men - indeed, about everything of any importance. Different developments in our world pose a challenge to legal and social philosophers. What can we say about justice in a pluralist world? Is 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 how 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 June 2001 and published in this book, which can be read with pleasure and profit by legal and social philosophers, students of human rights, political philosophers and all those who want to know about the challenges posed to the law by modernity.

Table of Contents

Introduction: Arend Soeteman vii
Formal Justice as a Common Language
1(18)
Pauline Westerman
Retribution in the Transition to Democracy
19(18)
Jon Elster
Hate Speech and the Law: A Canadian Perspective
37(18)
Wayne Summer
Human Rights and the Partial Eclipse of Justice
55(16)
Tom Campbell
L'Etat, les Pouvoirs et la Liberte
71(14)
Philippe Raynaud
Pluralism, Social Conflict, and Tolerance
85(22)
Leslie Green
Humanitarian Intervention and the Self---Image of the State
107(26)
Govert den Hartogh
The Boundaries of Democratic Pluralism
133(22)
Alon Harel
Law, Rights and Democracy after Totalitarianism
155(16)
Grazyna Skapska
A ``Struggle Approach'' to Human Rights
171(20)
Christ of Heyns
Ethics Codes: The Regulatory Norms of a Globalized Society?
191(32)
Wesley Cragg
Plurality of Cultures and Natural Law
223(12)
Hiroshi Takahashi
Cultural Pluralism and the Idea of Human Rights
235(16)
Jan Sieckmann
Legal Reasoning and Systematization of Law
251(28)
Pablo Navarro
A Perspective on Comparative Legal Methodology and its Barriers
279(16)
Hideo Aoi
A Semiotic Perspective on the Comparison of Analogical Reasoning in Secular and Religious Legal Systems
295(32)
Bernard Jackson
Why is Legal Reasoning Defeasible?
327(20)
Juan Carlos Bayon
Legal Logic, Its existence, nature and use
347(28)
Jaap C. Hage
Collective Intentions, Legislative Intents, and Social Choice
375(12)
Eerik Lagerspetz
The Authors 387

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