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Critical Studies in Private Law: A Treatise on Need-Rational Principles in Modern Law (Law and Philosophy Library #16)
by T. WilhelmssonCritical Studies in Private Law discusses the prerequisites and possibilities for an alternative or critical legal dogmatics. The starting point of the analysis is the recognition of contradictions within the legal order. In this respect the theory may use the experience of both American Critical Legal Studies and the German attempts to formulate a legal theory for the social state. The key for understanding how the contradictory concrete legal material may produce varying results on the level of legal decisions is the systematization, the general principles of the law. The analysis does not, however, stop at this theoretical level. The methodology is tested through a discussion of some features of modern private law. Some key elements of contract law, including consumer law, of the Welfare State are singled out. The work focuses on the person-orientation of modern law as a challenge to the traditional abstract legal form. The aim is to explore the limits for a contract law radically oriented towards the personal social and economic needs of the parties. This endeavour involves the creation of new legal concepts such as social force majeure.
Critical Terms for Animal Studies (Critical Terms)
by Lori GruenAnimal Studies is a rapidly growing interdisciplinary field devoted to examining, understanding, and critically evaluating the complex relationships between humans and other animals. Scholarship in Animal Studies draws on a variety of methodologies to explore these multi-faceted relationships in order to help us understand the ways in which other animals figure in our lives and we in theirs. Bringing together the work of a group of internationally distinguished scholars, the contribution in Critical Terms for Animal Studies offers distinct voices and diverse perspectives, exploring significant concepts and asking important questions. How do we take non-human animals seriously, not simply as metaphors for human endeavors, but as subjects themselves? What do we mean by anthropocentrism, captivity, empathy, sanctuary, and vulnerability, and what work do these and other critical terms do in Animal Studies? Sure to become an indispensable reference for the field, Critical Terms for Animal Studies not only provides a framework for thinking about animals as subjects of their own experiences, but also serves as a touchstone to help us think differently about our conceptions of what it means to be human, and the impact human activities have on the more than human world.
Critical Terms for Animal Studies (Critical Terms)
by Lori GruenAnimal Studies is a rapidly growing interdisciplinary field devoted to examining, understanding, and critically evaluating the complex relationships between humans and other animals. Scholarship in Animal Studies draws on a variety of methodologies to explore these multi-faceted relationships in order to help us understand the ways in which other animals figure in our lives and we in theirs. Bringing together the work of a group of internationally distinguished scholars, the contribution in Critical Terms for Animal Studies offers distinct voices and diverse perspectives, exploring significant concepts and asking important questions. How do we take non-human animals seriously, not simply as metaphors for human endeavors, but as subjects themselves? What do we mean by anthropocentrism, captivity, empathy, sanctuary, and vulnerability, and what work do these and other critical terms do in Animal Studies? Sure to become an indispensable reference for the field, Critical Terms for Animal Studies not only provides a framework for thinking about animals as subjects of their own experiences, but also serves as a touchstone to help us think differently about our conceptions of what it means to be human, and the impact human activities have on the more than human world.
Critical Terms for Animal Studies (Critical Terms)
by Lori GruenAnimal Studies is a rapidly growing interdisciplinary field devoted to examining, understanding, and critically evaluating the complex relationships between humans and other animals. Scholarship in Animal Studies draws on a variety of methodologies to explore these multi-faceted relationships in order to help us understand the ways in which other animals figure in our lives and we in theirs. Bringing together the work of a group of internationally distinguished scholars, the contribution in Critical Terms for Animal Studies offers distinct voices and diverse perspectives, exploring significant concepts and asking important questions. How do we take non-human animals seriously, not simply as metaphors for human endeavors, but as subjects themselves? What do we mean by anthropocentrism, captivity, empathy, sanctuary, and vulnerability, and what work do these and other critical terms do in Animal Studies? Sure to become an indispensable reference for the field, Critical Terms for Animal Studies not only provides a framework for thinking about animals as subjects of their own experiences, but also serves as a touchstone to help us think differently about our conceptions of what it means to be human, and the impact human activities have on the more than human world.
Critical Terms for Animal Studies (Critical Terms)
by Lori GruenAnimal Studies is a rapidly growing interdisciplinary field devoted to examining, understanding, and critically evaluating the complex relationships between humans and other animals. Scholarship in Animal Studies draws on a variety of methodologies to explore these multi-faceted relationships in order to help us understand the ways in which other animals figure in our lives and we in theirs. Bringing together the work of a group of internationally distinguished scholars, the contribution in Critical Terms for Animal Studies offers distinct voices and diverse perspectives, exploring significant concepts and asking important questions. How do we take non-human animals seriously, not simply as metaphors for human endeavors, but as subjects themselves? What do we mean by anthropocentrism, captivity, empathy, sanctuary, and vulnerability, and what work do these and other critical terms do in Animal Studies? Sure to become an indispensable reference for the field, Critical Terms for Animal Studies not only provides a framework for thinking about animals as subjects of their own experiences, but also serves as a touchstone to help us think differently about our conceptions of what it means to be human, and the impact human activities have on the more than human world.
Critical Terms for Animal Studies (Critical Terms)
by Lori GruenAnimal Studies is a rapidly growing interdisciplinary field devoted to examining, understanding, and critically evaluating the complex relationships between humans and other animals. Scholarship in Animal Studies draws on a variety of methodologies to explore these multi-faceted relationships in order to help us understand the ways in which other animals figure in our lives and we in theirs. Bringing together the work of a group of internationally distinguished scholars, the contribution in Critical Terms for Animal Studies offers distinct voices and diverse perspectives, exploring significant concepts and asking important questions. How do we take non-human animals seriously, not simply as metaphors for human endeavors, but as subjects themselves? What do we mean by anthropocentrism, captivity, empathy, sanctuary, and vulnerability, and what work do these and other critical terms do in Animal Studies? Sure to become an indispensable reference for the field, Critical Terms for Animal Studies not only provides a framework for thinking about animals as subjects of their own experiences, but also serves as a touchstone to help us think differently about our conceptions of what it means to be human, and the impact human activities have on the more than human world.
Critical Terms for Animal Studies (Critical Terms)
Animal Studies is a rapidly growing interdisciplinary field devoted to examining, understanding, and critically evaluating the complex relationships between humans and other animals. Scholarship in Animal Studies draws on a variety of methodologies to explore these multi-faceted relationships in order to help us understand the ways in which other animals figure in our lives and we in theirs. Bringing together the work of a group of internationally distinguished scholars, the contribution in Critical Terms for Animal Studies offers distinct voices and diverse perspectives, exploring significant concepts and asking important questions. How do we take non-human animals seriously, not simply as metaphors for human endeavors, but as subjects themselves? What do we mean by anthropocentrism, captivity, empathy, sanctuary, and vulnerability, and what work do these and other critical terms do in Animal Studies? Sure to become an indispensable reference for the field, Critical Terms for Animal Studies not only provides a framework for thinking about animals as subjects of their own experiences, but also serves as a touchstone to help us think differently about our conceptions of what it means to be human, and the impact human activities have on the more than human world.
Critical theory and human rights: From compassion to coercion (Critical Theory and Contemporary Society)
by David McGroganThis book describes how human rights have given rise to a vision of benevolent governance that, if fully realised, would be antithetical to individual freedom. It describes human rights’ evolution into a grand but nebulous project, rooted in compassion, with the overarching aim of improving universal welfare by defining the conditions of human well-being and imposing obligations on the state and other actors to realise them. This gives rise to a form of managerialism, preoccupied with measuring and improving the ‘human rights performance’ of the state, businesses and so on. The ultimate result is the ‘governmentalisation’ of a pastoral form of global human rights governance, in which power is exercised for the general good, moulded by a complex regulatory sphere which shapes the field of action for the individual at every turn. This, unsurprisingly, does not appeal to rights-holders themselves.
Critical theory and human rights: From compassion to coercion (Critical Theory and Contemporary Society)
by David McGroganThis book describes how human rights have given rise to a vision of benevolent governance that, if fully realised, would be antithetical to individual freedom. It describes human rights’ evolution into a grand but nebulous project, rooted in compassion, with the overarching aim of improving universal welfare by defining the conditions of human well-being and imposing obligations on the state and other actors to realise them. This gives rise to a form of managerialism, preoccupied with measuring and improving the ‘human rights performance’ of the state, businesses and so on. The ultimate result is the ‘governmentalisation’ of a pastoral form of global human rights governance, in which power is exercised for the general good, moulded by a complex regulatory sphere which shapes the field of action for the individual at every turn. This, unsurprisingly, does not appeal to rights-holders themselves.
Critical theory and legal autopoiesis: The case for societal constitutionalism (Critical Theory and Contemporary Society)
by Gunther TeubnerThis volume collects and revises the key essays of Gunther Teubner, one of the world’s leading sociologists of law. Written over the past twenty years, these essays examine the ‘dark side’ of functional differentiation and the prospects of societal constitutionalism as a possible remedy. Teubner's claim is that critical accounts of law and society require reformulation in the light of the sophisticated diagnoses of late modernity in the writings of Niklas Luhmann, Jacques Derrida and select examples of modernist literature. Autopoiesis, deconstruction and other post-foundational epistemological and political realities compel us to confront the fact that fundamental democratic concepts such as law and justice can no longer be based on theories of stringent argumentation or analytical philosophy. We must now approach law in terms of contingency and self-subversion rather than in terms of logical consistency and rational coherence.
Critical theory and legal autopoiesis: The case for societal constitutionalism (Critical Theory and Contemporary Society)
by Gunther TeubnerThis volume collects and revises the key essays of Gunther Teubner, one of the world’s leading sociologists of law. Written over the past twenty years, these essays examine the ‘dark side’ of functional differentiation and the prospects of societal constitutionalism as a possible remedy. Teubner's claim is that critical accounts of law and society require reformulation in the light of the sophisticated diagnoses of late modernity in the writings of Niklas Luhmann, Jacques Derrida and select examples of modernist literature. Autopoiesis, deconstruction and other post-foundational epistemological and political realities compel us to confront the fact that fundamental democratic concepts such as law and justice can no longer be based on theories of stringent argumentation or analytical philosophy. We must now approach law in terms of contingency and self-subversion rather than in terms of logical consistency and rational coherence.
Critically Examining the Case Against the 1998 Human Rights Act
Since its inception in 1998 the Human Rights Act (HRA) has come in for a wide variety of criticism on legal, constitutional, political and cultural grounds. More recently, this criticism escalated significantly as politicians have seriously considered proposals for its abolition. This book examines the main arguments against the HRA and the issues which have led to public hostility against the protection of human rights. The first part of the book looks at the legal structures and constitutional aspects of the case against the HRA, including the criticism that the HRA is undemocratic and is used by judges to subvert the will of parliament. The second part of the book looks at specific issues, such as immigration and terrorism, where cases involving the HRA have triggered broader public concerns about the protection of human rights. The final section of this book looks at some of the structural issues that have generated hostility to the HRA, such as media coverage and the perception of the legal profession. This book aims to unpick the complex climate of hostility that the HRA has faced and examine the social, political and legal forces that continue to inform the case against the HRA.
Critically Examining the Case Against the 1998 Human Rights Act
Since its inception in 1998 the Human Rights Act (HRA) has come in for a wide variety of criticism on legal, constitutional, political and cultural grounds. More recently, this criticism escalated significantly as politicians have seriously considered proposals for its abolition. This book examines the main arguments against the HRA and the issues which have led to public hostility against the protection of human rights. The first part of the book looks at the legal structures and constitutional aspects of the case against the HRA, including the criticism that the HRA is undemocratic and is used by judges to subvert the will of parliament. The second part of the book looks at specific issues, such as immigration and terrorism, where cases involving the HRA have triggered broader public concerns about the protection of human rights. The final section of this book looks at some of the structural issues that have generated hostility to the HRA, such as media coverage and the perception of the legal profession. This book aims to unpick the complex climate of hostility that the HRA has faced and examine the social, political and legal forces that continue to inform the case against the HRA.
Critically Ill Children and the Law: Medical Decision-Making and the Best Interests Principle
by James CameronA series of recent high-profile court cases has demonstrated the inadequacy of current laws in addressing issues relating to medical treatment decisions involving seriously ill children. The challenges of determining that life-sustaining medical treatment is not in a young child’s best interests have resulted in criticism of the best interests principle. This book explores the theoretical foundations of the best interests principle, and alternatives offered in the academic literature, to allow readers to understand why the principle remains contentious despite its prevalence. It provides theoretical background, exploration of what occurs in practice, and proposes a novel approach to address these challenges. Frameworks for decision-making identified in the academic literature are used to examine the application of the best interests principle in practice in England and Wales, Australia, and New Zealand through a review of the case law and qualitative research with paediatric doctors. The exploration of current practice allows readers to understand the challenges of applying the best interests principle, but also the need to retain a focus on the child. Readers are introduced to a human-rights based approach, which ensures that the focus remains on upholding the child’s best interests but also provides a more comprehensive explanation of the situation. Progressing the debate around end-of-life decision-making and children, the book will be a valuable resource for academics, researchers and policy-makers. It will also provide practical guidance to both legal and medical practitioners in managing disputes about the provision of life-sustaining treatment.
Critically Ill Children and the Law: Medical Decision-Making and the Best Interests Principle
by James CameronA series of recent high-profile court cases has demonstrated the inadequacy of current laws in addressing issues relating to medical treatment decisions involving seriously ill children. The challenges of determining that life-sustaining medical treatment is not in a young child’s best interests have resulted in criticism of the best interests principle. This book explores the theoretical foundations of the best interests principle, and alternatives offered in the academic literature, to allow readers to understand why the principle remains contentious despite its prevalence. It provides theoretical background, exploration of what occurs in practice, and proposes a novel approach to address these challenges. Frameworks for decision-making identified in the academic literature are used to examine the application of the best interests principle in practice in England and Wales, Australia, and New Zealand through a review of the case law and qualitative research with paediatric doctors. The exploration of current practice allows readers to understand the challenges of applying the best interests principle, but also the need to retain a focus on the child. Readers are introduced to a human-rights based approach, which ensures that the focus remains on upholding the child’s best interests but also provides a more comprehensive explanation of the situation. Progressing the debate around end-of-life decision-making and children, the book will be a valuable resource for academics, researchers and policy-makers. It will also provide practical guidance to both legal and medical practitioners in managing disputes about the provision of life-sustaining treatment.
Critically Impaired Infants and End of Life Decision Making: Resource Allocation and Difficult Decisions (Biomedical Law and Ethics Library)
by Neera BhatiaDecisions to withdraw or withhold life-sustaining treatment are contentious, and offer difficult moral dilemmas to both medical practitioners and the judiciary. This issue is exacerbated when the patient is unable to exercise autonomy and is entirely dependent on the will of others. This book focuses on the legal and ethical complexities surrounding end of life decisions for critically impaired and extremely premature infants. Neera Bhatia explores decisions to withdraw or withhold life-sustaining treatment from critically impaired infants and addresses the controversial question, which lives are too expensive to treat? Bringing to bear such key issues as clinical guidance, public awareness, and resource allocation, the book provides a rational approach to end of life decision making, where decisions to withdraw or withhold treatment may trump other competing interests. The book will be of great interest and use to scholars and students of bioethics, medical law, and medical practitioners.
Critically Impaired Infants and End of Life Decision Making: Resource Allocation and Difficult Decisions (Biomedical Law and Ethics Library)
by Neera BhatiaDecisions to withdraw or withhold life-sustaining treatment are contentious, and offer difficult moral dilemmas to both medical practitioners and the judiciary. This issue is exacerbated when the patient is unable to exercise autonomy and is entirely dependent on the will of others. This book focuses on the legal and ethical complexities surrounding end of life decisions for critically impaired and extremely premature infants. Neera Bhatia explores decisions to withdraw or withhold life-sustaining treatment from critically impaired infants and addresses the controversial question, which lives are too expensive to treat? Bringing to bear such key issues as clinical guidance, public awareness, and resource allocation, the book provides a rational approach to end of life decision making, where decisions to withdraw or withhold treatment may trump other competing interests. The book will be of great interest and use to scholars and students of bioethics, medical law, and medical practitioners.
Critique of Forms of Life
by Rahel JaeggiFor liberals, the question “Do others live rightly?” seems to demand a follow-up question: “Who am I to judge?” Peaceful coexistence, in this view, is predicated on restraint from morally evaluating our peers. But Rahel Jaeggi argues that criticizing is not only valid but also useful. Moral judgment is no error—the error lies in how we go about it.
Critique of Hong Kong Nativism: From a Legal Perspective
by Jie Zhu Xiaoshan ZhangThis book focuses on the separatist trend in Hong Kong, which it approaches by drawing on historical studies, political analysis, social studies and legal analysis. It offers a comprehensive and interdisciplinary guide to the topic, addressing the historical evolution of “Hong Kong Nativism,” the theoretical connotations and fallacies of “Hong Kong Independence,” and the legal measures taken to forestall it. Written by mainland scholars who approach the subject matter from a legal perspective, the book offers revealing insights for all students and researchers who are interested in Hong Kong Basic Law and the current political situation in Hong Kong.
The Critique of Management: Towards a Philosophy and Ethics of Business Management
by Vincent BlokThis book reflects on the nature of business management to contribute to the development of a philosophy and ethics of management. It engages in conceptual engineering of management to delineate the phenomenon of management and, as a result, to open a new perspective on management beyond its self-evident conceptualization. After questioning the self-evident concept of management, the author develops a philosophy of management with six dimensions of the nature of management: management as participation; management as resistance and responsive action; management as constitution of meaning; management as politico-economic governance; management as non-reductive stakeholder engagement; and management as epistemic insufficient entrepreneurship. These six dimensions of management are taken as points of departure to develop an integrated concept of business ethics, an individual competence for ethical business management, and a concept of ethical codes for corporate social responsible behavior. This new conception of philosophy of management and business ethics can guide future philosophical and empirical work on the nature of management. The Critique of Management is an excellent resource for researchers, students, and professionals interested in philosophy of management, business ethics, and corporate social responsibility.
The Critique of Management: Towards a Philosophy and Ethics of Business Management
by Vincent BlokThis book reflects on the nature of business management to contribute to the development of a philosophy and ethics of management. It engages in conceptual engineering of management to delineate the phenomenon of management and, as a result, to open a new perspective on management beyond its self-evident conceptualization. After questioning the self-evident concept of management, the author develops a philosophy of management with six dimensions of the nature of management: management as participation; management as resistance and responsive action; management as constitution of meaning; management as politico-economic governance; management as non-reductive stakeholder engagement; and management as epistemic insufficient entrepreneurship. These six dimensions of management are taken as points of departure to develop an integrated concept of business ethics, an individual competence for ethical business management, and a concept of ethical codes for corporate social responsible behavior. This new conception of philosophy of management and business ethics can guide future philosophical and empirical work on the nature of management. The Critique of Management is an excellent resource for researchers, students, and professionals interested in philosophy of management, business ethics, and corporate social responsibility.
Critique of Religious Discourse
by Nasr Hamid Abu ZaydAn important work of contemporary Islamic thought argues against the programmatic use of Islamic religious texts to support fundamentalist beliefs First published in Arabic in 1994, progressive Muslim scholar Nasr Hamid Abu Zayd’s controversial essay argued that conventional fundamentalist interpretations of the Quran and other Islamic religious texts are ahistorical and misleading. Conservative religious leaders accused him of apostasy. Marking the first time a work by Abu Zayd is available in its entirety in any Western language, this English edition makes his erudite interpretation of classical Islamic thought accessible to a wider audience at a critical historical moment.
A Critique of the Moral Defense of Vegetarianism
by Andrew F. SmithDrawing on research in plant science, systems ecology, environmental philosophy, and cultural anthropology, Andrew F. Smith shatters the distinction between vegetarianism and omnivorism. The book outlines the implications that these manufactured distinctions have for how we view food and ourselves as eaters.
Critiquing Free Speech: First Amendment theory and the Challenge of Interdisciplinarity (Routledge Communication Series)
by Matthew D. BunkerIn this exceptional volume, Matthew D. Bunker explores the work of contemporary free speech critics and argues that, while at times these critics provide important lessons, many of their conclusions must be rejected. Moreover, Bunker suggests that we be wary of interdisciplinary approaches to free speech theory that--by their very assumptions and techniques--are a poor "fit" with existing free speech theory and doctrine. In his investigation of diverse critiques of free speech theory and his sophisticated rebuttal, he provides an innovative and important examination of First Amendment theory. In doing so, he establishes a new agenda for First Amendment theory scholarship that incorporates some of the critics' insights without abandoning the best aspects of the free speech tradition. COPY FOR MAILER: Distinctive features in this volume include: * an overview of the traditional approaches to First Amendment theory, * an examination of work from key First Amendment scholars and theorists, at both the individual and group level, * an emphasis on interdisciplinarity ranging from femi- nist and critical legal scholars to economists and literary theorists, and * a new agenda for First Amendment theory scholar- ship which incorporates critical comment while pre- serving the best aspects of the free speech tradition.
Critiquing Free Speech: First Amendment theory and the Challenge of Interdisciplinarity (Routledge Communication Series)
by Matthew D. BunkerIn this exceptional volume, Matthew D. Bunker explores the work of contemporary free speech critics and argues that, while at times these critics provide important lessons, many of their conclusions must be rejected. Moreover, Bunker suggests that we be wary of interdisciplinary approaches to free speech theory that--by their very assumptions and techniques--are a poor "fit" with existing free speech theory and doctrine. In his investigation of diverse critiques of free speech theory and his sophisticated rebuttal, he provides an innovative and important examination of First Amendment theory. In doing so, he establishes a new agenda for First Amendment theory scholarship that incorporates some of the critics' insights without abandoning the best aspects of the free speech tradition. COPY FOR MAILER: Distinctive features in this volume include: * an overview of the traditional approaches to First Amendment theory, * an examination of work from key First Amendment scholars and theorists, at both the individual and group level, * an emphasis on interdisciplinarity ranging from femi- nist and critical legal scholars to economists and literary theorists, and * a new agenda for First Amendment theory scholar- ship which incorporates critical comment while pre- serving the best aspects of the free speech tradition.