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What does it mean when civil lawyers and common lawyers think differently? In Charting the Divide between Common and Civil Law, Thomas Lundmark provides a comprehensive introduction to the uses, purposes, and approaches to studying civil and common law in a comparative legal framework. Superbly organized and exhaustively written, this volume covers the jurisdictions of Germany, Sweden, England and Wales, and the United States, and includes a discussion of each country's legal issues, structure, and general rules. Students of international law, comparative law, social philosophy, and legal theory will find this volume a valuable introduction and companion to their courses.

This book presents the first-ever comprehensive assessment of whether national laws enacted in 50 countries across Asia, Africa, and Latin America comply with international standards on expropriation, compensation, and resettlement as established in Section 16 of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries, and Forests in the Context of National Food Security (VGGTs). The VGGTs are supported by the international consensus of governments, civil society, and the private sector. The UN Committee on World Food Security officially endorsed the VGGTs in 2012. This book uses indicators to compare laws with international standards. Illustrative examples of how expropriation laws are implemented in practice, including a case study of Nigeria's Lekki Free Trade Zone expropriation case, are provided to highlight the importance of adopting international standards. Along with establishing a benchmark for measuring progress that indicates most of the national laws assessed do not comply with international standards, this book offers a set of recommended legal reforms that support the adoption of international standards in national laws.

This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on "weak judicial review". Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies may vary from a radical objection to the institution of judicial review, to a more modest proposal to justify the authority of constitutional courts in their "deliberative performance" or to create constitutional juries that may be more aware of a community's constitutional morality than constitutional courts are. The book connects abstract theoretical discussions about the moral justification of constitutionalism with concrete problems, such as the relation between constitutional adjudication and deliberative democracy, the legitimacy of judicial review in international institutions, the need to create new institutions to democratize constitutionalism, the connections between philosophical conceptions and constitutional practices, the judicial review of constitutional amendments, and the criticism on strong judicial review

The war on terrorism, say America's leaders, is a war of Good versus Evil. But in the minds of the perpetrators, the September 11 attacks on New York and Washington were presumably justified as ethically good acts against American evil. Is such polarization leading to a violent "clash of civilizations" or can differences between ethical systems be reconciled through rational dialogue? This book provides an extraordinary resource for thinking clearly about the diverse ways in which humans see good and evil. In nine essays and responses, leading thinkers ask how ethical pluralism can be understo

This work offers a survey of the history of the rule, "Do unto others as you want others to do unto you". It traces the rule's history in contexts as diverse as the writings of Confucius and the Greek philosophers, the Bible, modern theology and philosophy, and the American "self-help" context

This comparative philosophy of law book aims at formulating a new analytical approach to the Islamic legal tradition based on juridical categories, a concept that facilitates comprehension and understanding of juridical phenomena. Building upon legal comparativism and legal pluralism, this project intends to avoid bias caused by universalizing Western categories when analyzing foreign juridical notions, which inevitably results in the miscomprehension of non-Western ideas and institutions. Unlike existing literature, this project will not focus on substantive comparisons between normative contents, but on the juridical perspectives that helped to shape the Islamic and Western legal orders. The book focuses on the most relevant juridical questions regarding the Islamic and Western legal perspectives, such as the different visions regarding juridical spatiality, the role of human reason and the relationship between law, man and the divinity. While contributing to legal philosophy, this work intends also to develop and define a new interdisciplinary approach, aiming to provide a starting point for novel analyses in research fields such as legal comparativism, legal pluralism, and constitutional law. Finally, by formulating a new interdisciplinary approach, it will provide a foundational discussion of a continuously evolving subject that will never be exhaustively explored. As such, it aims at broadening scholarly reflections on the relationship between the West and Islam, eventually placing these concepts within a suitably comprehensive and contextualized framework.

Nathan Coombs demonstrates that the Marxist science of history has been reimagined by a strand of contemporary French theory after Louis Althusser. Taking a comparative approach, Coombs explores the technical details of both traditions' historical sciences.

Kant's notion of cosmopolitanism is influential to a range of topical issues, from multiculturalism and human rights to globalization and an ethical society. Cosmopolitanism promises a conception of the rational subject not constrained by commitments to the nation or the self. The universality of this conception has been challenged by feminist and critical race philosophers. The Cosmopolitics of Race, Gender, and Indigeneity in Kant offers a new approach towards investigating these promises and limits. By examining the deep background of the production of the rational subject, it argues that that there is a political-epistemological paradox at the heart of Kant's notion of cosmopolitanism. An impasse is generated between the pure, practical reason that motivates Kant's critical philosophy and the empirical framing of historical reason at play in accounts of political autonomy and cosmopolitan subjectivity. I claim that this paradoxical dimension of Kant's cosmopolitanism has not been sufficiently interrogated. The central argument of my project is that Kant treats this paradox through a complex movement of identity and difference between the concepts of the human and humanity. I demonstrate that exclusions of race, gender, and indigeneity are needed by Kant to establish this movement as coherent. Drawing on recent scholarship that combines philosophical analysis with a historical and literary approach, the dissertation's arc makes this argument across a series of discourses. Chapter 1 revisits the relationship of Kant's concept of race to his moral philosophy by placing Kant's notion of cosmopolitan destiny alongside an original moment in the 18th century invention of the concept of race. Chapters 2 and 3 argue the centrality of gender to ideas of cosmopolitan subjectivity by examining Kant's account of political autonomy alongside his participation in a discourse of gender in German civil society. Chapter 4 demonstrates the significance of indigeneity to Kant's cosmopolitan vision by exploring his use of source material from an influential polemic on indigeneity in the New World. This project concludes that discourses of race, gender, and indigeneity qualify inclusion in the constituency of a future cosmopolitan society and form the horizon upon which the impasse between epistemology and politics is elaborated.

I distinguish four different interpretations of 'equality of opportunity.' We get four interpretations because a neglected ambiguity in 'opportunity' intersects a well-known ambiguity in 'equality.' The neglected ambiguity holds between substantive and non-substantive conceptions of 'opportunity' and the well-known ambiguity holds between comparative and non-comparative conceptions of 'equality.' Among other things, distinguishing these four interpretations reveals how misleading 'equal opportunity for advantage' formulations of luck egalitarianism can be. These formulations are misleading in so far as they obscure the difference between two separate claims about which inequalities are consistent with true equality. Luck egalitarianism claims that inequalities that have been chosen in some suitable sense are consistent with true equality, while the traditional ideal of equality of opportunity only claims that inevitable inequalities that have been determined through fair competitions are consistent with true equality. Obscuring the difference between these two claims therefore serves both to arrogate the rhetorical advantages of the traditional ideal to luck egalitarianism and to cover over a limitation to luck egalitarianism's ambition to provide a comprehensive principle of distributive justice. [Reprinted by permission of Sage Publications Ltd., copyright holder.]

What is it that one "compare"-s in Comparative Literature? Goethe's Weltliteratur is usually invoked when talking about the beginnings of a comparative literature. The other story is Leo Spitzer and Erich Auerbach in Turkey. There is also the story of the rise of the discipline of Comparative Literature to intellectual prominence in the United States in the period following the Second World War, largely as a result of the migration to the United States of a group of noted European comparativists seeking asylum from totalitarianism. This group had a great influence in fostering the theoretical transformation of literary studies and in bringing about fundamental changes in national literature studies. But to think of comparative literature as comparative had something to do with the notion of la littérature comparée in France—where comparison implicitly referred to the standards of the French eighteenth century. This attitude is reflected in the fundamental premises of Pascale Casanova's work today. René Etiemble's Comparaison n'est pas raison attempted, in 1963, to combat that impulse in a manner that is still favorably comparable to much that goes on in the Euro-U.S. today. But in terms of the questions we are asking, it is still too much within the internationalist side of cold war logic—going no further than the front-line languages of India and East Asia, with a somewhat paternalistic approach. Whatever the outcome of that debate, and whatever the status of the classical traditions of Asia, Comparative Literature within the United States remained confined to European literary regionalism. After the cold war, the division between a Eurocentric Comparative Literature and geopolitically oriented "Area Studies" seemed to have become less tenable than before. But comparison in favor of the European tradition has remained in place.

Introduction -- Between Normativity and Social Facts: A Sociological Interpretation on Habermas's Discourse Theory of Law and Democracy -- Communicative Rationality or Power Discourse: Foucault's Challenge to Habermas -- Confucian Rationality: Another Normative Interpretation on Discourse Theory -- "Public Sphere" and Political/Legal Discussions in Traditional Chinese Society Influenced by Confucian Rationality -- Rationality and Power in the New Media Public Sphere of China -- General Conclusion.

"The first comprehensive exploration of African ethics covering everything from normative ethics and applied ethics, to meta-ethics and methodology, as well as the history of its evolution. African Ethics provides an in-depth exploration of Ubuntu ethics which is defined as a set of values based on concepts such as reciprocity, mutual respect and working towards the common good and strongly emphasises the place of human dignity. In doing so, the book engages with both theory and practice and how these ethical ideas impact upon the actual lived experience of Africans. It also includes important political considerations such as the impact of imperialism, colonialism, and capitalism on African ethics as well as the negative impact of apartheid and the renaissance made possible by the 'The Truth and Reconciliation Commission' whose work was premised heavily on African ethical ideas. This book is not just a wide-ranging, and incisive introduction but also a reformulation of key concepts and current debates in African ethics. Crucially, African Ethics is an inclusive text, one that speaks from an African perspective and contributes to the decolonizing of contemporary ethics."--

Part 1: Institutions of Life -- Chapter 1. Bio-Poetics and the Dynamic Multiplicity of Bios: How Literature Challenges the Politics, Economics and Sciences of Life (Vittoria Borsò) -- Chapter 2. Institution and Life as an Institution: Uterus: Mother's Body, Father's Right (Life and Norm) (Petar Bojanić) -- Chapter 3. Towards a Poetics of Worldlessness: Hannah Arendt and the Limits of Human Action (Roland Végső) -- PART 2: Anthropology, Performativity, And Language -- Chapter 4. Man and Other Political Animals in Aristotle (Attila Simon) -- Chapter 5. Is There an Essential Convergence Between Signification and Animals? On the Truth and Lying of Animal Names in a Nietzschean Sense (Hajnalka Halász) -- Chapter 6. Noble Promises: Performativity and Physiology in Nietzsche (Csongor Lőrincz) -- Chapter 7. Austin's Animals (Zoltán Kulcsár-Szabó) -- Chapter 8. Self-interpreting Language Animal: Charles Taylor's Anthropology (Csaba Olay) -- Part 3: Anthrozoology, Ethics, And Language -- Bio-Aesthetics -- Chapter 9. The Theriomorphic Face (Georg Witte) -- Chapter 10. 'Step by step into ever greater decadence': Discourses of Life and Metamorphic Anthropology (Márió Z. Nemes) -- Chapter 11. Bio-Aesthetics: The Production of Life in Contemporary Art (Jessica Ullrich) -- Part 4: Biopoetics, Zoopoetics, Biophilology -- Chapter 12. Io's Writing: Human and Animal in the Prison-House of Fiction (Ábel Tamás) -- Chapter 13. 'Lizard on a sunlit stone': Lőrinc Szabó and the Biopoetical Beginnings of Modern Poetry (Ernő Kulcsár Szabó) -- Chapter 14. Of Mice and Men: Dissolution and Reconstruction of 'Nature's Larger Scheme': Burns, Mészöly, Kertész (Tamás Lénárt) -- Chapter 15. Towards a Literary Entomology: Arthropods and Humans in William H. Gass (Gábor Tamás Molnár) -- Chapter 16. Biophilology and the Metabolism of Literature (Susanne Strätling).