Suchergebnisse

This book examines the role and importance of reason and emotion in justice and the law. Eight lawyers and philosophers of law consider law's basis in the universal human need for society, our innate sense of justice, and many other powerful inclinations and emotions, including the desire for fairness and even for law itself. Human beings are deeply social creatures, inspired by social and other emotions, which can ennoble, support, or undermine the law. Law gains legitimacy and effectiveness when reason recognizes and embraces human emotions for the benefit of society as a whole. This volume explores the power and purposes of reason and emotion in the law

By juxtaposing European and American concepts of autonomy in the law as they are applied to families, capital punishment and criminal trials, authors reveal the common values that justify all legal systems. This book sheds new light on the fundamental purpose of law by examining how European and American lawyers, judges, and citizens actually apply and should apply legal autonomy to litigation, legislation, and the law itself.

The internationalization of commerce and contemporary life has led to a globalization of legal standards and practices. The essays in this text explore this new reality and suggest ways in which the new legal order can be made more just and effective.

''Republican Principles in International Law'' considers the fundamental requirements of a just world order, as applied to public international law. The republican principles of deliberation, popular sovereignty and the public good first formed and justified the law of nations two centuries ago. They still clarify the most contested legal question and explain why people and states should obey international law. This book sets the standard for legitimate government, both within and beyond the jurisdiction of separate states and nations

The central topic of this year's annual meeting of the American Society of International Law has been "What International Law Values," restated more forcefully in the title of this panel, "The Value and Purpose of International Law." Notice the underlying assumption: that international law has value and serves some useful purpose. This premise is important because it supplies the basis on which international law seeks to secure our obedience and respect. We have no reason to obey or respect international law unless international law has some value or serves some useful purpose. This leads us to consider what this value and purpose might be. Which values and what purpose does international law exist to serve? Or, more important, which values and purpose would international law have to serve or advance if it were to deserve our obedience or respect? The answer can be given in one word: justice. Justice is the value that justifies or could justify international law, and justice is the purpose that international law properly seeks to serve and protect.

"This book determines the boundary between parochial and cosmopolitan justice. To what extent should law recognize or support the political, historical, cultural, and economic differences among nations? Ten lawyers and philosophers from five continents consider whether certain states or persons deserve special treatment or exemptions or heightened duties under international law. Parochialism and cosmopolitanism are the two faces of international law, which recognizes our common humanity by protecting us in our differences"--

This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.