Présentation de l'éditeur : "This second edition of a classic in Anglo-American legal philosophy reopens the dialogue between Bentham's work and contemporary legal philosophy. Gerald J. Postema revisits the themes of the first edition in light of the latest scholarly criticism and provides new insights into the historical-philosophical roots of international law
Présentation de l'éditeur : "This second edition of a classic in Anglo-American legal philosophy reopens the dialogue between Bentham's work and contemporary legal philosophy. Gerald J. Postema revisits the themes of the first edition in light of the latest scholarly criticism and provides new insights into the historical-philosophical roots of international law
At once a lament-psalm and a love song, Grief's Liturgy records Gerald Postema's work and worship of grief upon the loss of his wife, a year's work aided by the companions--poetry and prayers, icons and images, music and silence--that sat patiently with him. Structured around the liturgy of the Divine Office, reflections in each "hour" take on a distinctive expressive and emotional tone and fall into a jagged, broken rhythm over the course of each "day" yielding ultimately an understanding of the life-affirming necessity of grief.
The essays in this volume offer a reassessment of Jeremy Bentham's strikingly original legal philosophy. Early on, Bentham discovered his 'genius for legislation' - 'legislation' included not only lawmaking and code writing, but also political and social institution building and engineering of public spaces for effective control of the exercise of political power. In his general philosophical work, Bentham sought to articulate a public philosophy to guide and direct all of his 'legislative' efforts. Part I explores the philosophical foundations of his public philosophy: his theory of meaning and framework for analysis and definition of key concepts, his theory of human affections and motivations, and his utilitarian theory of value. It is argued that, while concepts of pleasure and happiness play nominal roles in his theory of value, concepts of publicity, equality, and interests emerge as the dominant concepts of his public philosophy. Part II explores several dimensions of Bentham's jurisprudence, including his radically revised command model of law, his early reflections on justice and law in adjudication, his theories of judicial evidence, constitutional rights, the rule of law, and international law. The concluding essay demonstrates the centrality of the notion of publicity in his moral, legal and political thought. Emerging from this study is a positivist legal theory and a utilitarian moral-political philosophy that challenge in fundamental ways contemporary understandings of those doctrines.
At once a lament-psalm and a love song, Grief's Liturgy records Gerald Postema's work and worship of grief upon the loss of his wife, a year's work aided by the companions--poetry and prayers, icons and images, music and silence--that sat patiently with him. Structured around the liturgy of the Divine Office, reflections in each "hour" take on a distinctive expressive and emotional tone and fall into a jagged, broken rhythm over the course of each "day" yielding ultimately an understanding of the life-affirming necessity of grief.
In this text, Gerald F. Gaus provides students with a comprehensive overview of the key tenets of liberalism developed through Hobbes, Locke, Kant and Rawls to present day theories and debates.
This important new book develops a new concept of autonomy. The notion of autonomy has emerged as central to contemporary moral and political philosophy, particularly in the area of applied ethics. professor Dworkin examines the nature and value of autonomy and uses the concept to analyse various practical moral issues such as proxy consent in the medical context, paternalism, and entrapment by law enforcement officials.
Gerald Gaus was one of the leading liberal theorists of the late twentieth and early twenty-first centuries. He developed a pioneering defence of the liberal order based on its unique capacity to handle diversity and disagreement, and he presses the liberal tradition towards a principled openness to pluralism and diversity. This book brings together Gaus's most seminal and creative essays in a single volume for the first time. It also covers a broad span of his career, including essays published shortly before his death, and topics including reasonable pluralism, moral rights, public reason, and the redistributive state. The volume makes accessible the work of one of the most important recent liberal theorists. Many readers will find it of value, especially those in political philosophy, political science, and economics.
In a period of increasing economic and social uncertainty, how do immigrant communities come together to advocate for educational access and their rights? This book is based on a 5-year university partnership with members from Indonesian, Vietnamese, Latino, Filipino, African American, and Irish American communities. Sharing rich examples, the authors examine how these diverse groups use language and literacy practices to advocate for greater opportunities. This unique partnership demonstrates how to draw on the knowledge and interests of a multilingual community to inform literacy teaching and learning, both in and out of school. It also provides guidelines for reimagining university/community collaborations and the practice of ethical partnering. Partnering with Immigrant Communities focuses on: Minoritized immigrant populations, including groups with undocumented status and those who came to the United States to flee religious persecution. The intellectual and activist legacies that are already present in communities as people come together to take action on matters that directly impact their lives. A local cosmopolitanism that serves as a refuge for many immigrants who may otherwise be scapegoated within the dominant culture. A coalition of multilingual, multiethnic communities whose experiences are intertwined by overlapping histories of colonization and shared present struggles.Ethical and effective community-based research, including concrete and theoretically informed examples. “Supported by theory and written with clarity, this inspiring account sets the gold standard for research that is both committed and ethical.” —Hilary Janks, emeritus professor,Wits University “A game-changing text.” —Elizabeth Dutro, University of Colorado, Boulder “A powerful illustration of intentional ethical engagement through practitioner and participatory research methodologies to support sustainable community-based inquiries toward social and political transformation.” —Tarajean Yazzie-Mintz, senior program officer for Tribal College and University (TCU) Early Childhood Education Initiatives, American Indian College Fund
The extremely varied geography of Texas, ranging from lush piney woods to arid, mountainous deserts, has played a major role in the settlement and development of the state. To gain full perspective on the influence of the land on the people of Texas, you really have to take to the air—and the authors of Historic Texas from the Air have done just that. In this beautiful book, dramatic aerial photography provides a complete panorama of seventy-three historic sites from around the state, showing them in extensive geographic context and revealing details unavailable to a ground-based observer. Each site in Historic Texas from the Air appears in a full-page color photograph, accompanied by a concise description of the site's history and importance. Contemporary and historical photographs, vintage postcard images, and maps offer further visual information about the sites. The book opens with images of significant natural landforms, such as the Chisos Mountains and the Big Thicket, then shows the development of Texas history through Indian spiritual sites (including Caddo Mounds and Enchanted Rock), relics from the French and Spanish occupation (such as the wreck of the Belle and the Alamo), Anglo forts and methods of communication (including Fort Davis and Salado's Stagecoach Inn), nineteenth-century settlements and industries (such as Granbury's courthouse square and Kreische Brewery in La Grange), and significant twentieth-century locales, (including Spindletop, the LBJ Ranch, and the Dallas–Fort Worth International Airport). For anyone seeking a visual, vital overview of Texas history, Historic Texas from the Air is the perfect place to begin.
Drawing on the tools of game theory, social choice theory, experimental psychology, and evolutionary theory, Gerald Gaus advances a revised account of public reason liberalism, showing how a free society can secure a moral equilibrium that is endorsed by all, and how a just state respects, and develops, such an equilibrium.
Volume 11, the sixth of the historical volumes of A Treatise of Legal Philosophy and General Jurisprudence, offers a fresh, philosophically engaged, critical interpretation of the main currents of jurisprudential thought in the English-speaking world of the 20th century. It tells the tale of two lectures and their legacies: Oliver Wendell Holmes, Jr.’s “The Path of Law” (1897) and H.L.A. Hart’s Holmes Lecture, “Positivism and the Separation of Law and Morals” (1958). Holmes’s radical challenge to late 19th century legal science gave birth to a rich variety of competing approaches to understanding law and legal reasoning from realism to economic jurisprudence to legal pragmatism, from recovery of key elements of common law jurisprudence and rule of law doctrine in the work of Llewellyn, Fuller and Hayek to root-and-branch attacks on the ideology of law by the Critical Legal Studies and Feminist movements. Hart, simultaneously building upon and transforming the undations of Austinian analytic jurisprudence laid in the early 20th century, introduced rigorous philosophical method to English-speaking jurisprudence and offered a reinterpretation of legal positivism which set the agenda for analytic legal philosophy to the end of the century and beyond. A wide-ranging debate over the role of moral principles in legal reasoning, sparked by Dworkin’s fundamental challenge to Hart’s theory, generated competing interpretations of and fundamental challenges to core doctrines of Hart’s positivism, including the nature and role of conventions at the foundations of law and the methodology of philosophical jurisprudence.
A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and volume 12 forthcoming in 2012/2013), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 11 Legal Philosophy in the Twentieth Century: The Common Law World Legal Philosophy in the Twentieth Century: The Common Law World offers a fresh, philosophically engaged, critical interpretation of the main currents of jurisprudential thought in the English-speaking world of the 20th century. It tells the tale of two lectures and their legacies: Oliver Wendell Holmes, Jr.’s “The Path of Law” (1897) and H.L.A. Hart’s Holmes Lecture, “Positivism and the Separation of Law and Morals” (1958). Holmes’s radical challenge to late 19th century legal science gave birth to a rich variety of competing approaches to understanding law and legal reasoning from realism to economic jurisprudence to legal pragmatism, from recovery of key elements of common law jurisprudence and rule of law doctrine in the work of Llewellyn, Fuller and Hayek to root-and-branch attacks on the ideology of law by the Critical Legal Studies and Feminist movements. Hart, simultaneously building upon and transforming the undations of Austinian analytic jurisprudence laid in the early 20th century, introduced rigorous philosophical method to English-speaking jurisprudence and offered a reinterpretation of legal positivism which set the agenda for analytic legal philosophy to the end of the century and beyond. A wide-ranging debate over the role of moral principles in legal reasoning, sparked by Dworkin’s fundamental challenge to Hart’s theory, generated competing interpretations of and fundamental challenges to core doctrines of Hart’s positivism, including the nature and role of conventions at the foundations of law and the methodology of philosophical jurisprudence.
Autobiographical account of author's survival in the face of family tragedies, alcoholism, and cancer. Maps his journey from the depths of despair and hopelessness to a successful life that included becoming an award-winning journalist. Includes photos and bibliography.
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