Can foreign rule be morally justified? Since the end of the First World War, international transitional administrations have replaced dysfunctional states to create the conditions for lasting peace and democracy. In response to extreme state failure, the author argues, this form of foreign rule is not only justified, but a requirement of justice.
The end of the last century witnessed two major events in the field of civil justice: the Civil Procedure Rules (CPR) came into force and the Human Rights Act (HRA) gave effect to the European Convention on Human Rights. This volume assesses the effect of the Act and attempts to reconcile the expediency and efficiency essential to modern civil justice with the need for recognition of human dignity and equality inherent to human rights. The book is primarily concerned with the effects of the HRA on civil procedure and, in particular, the effects on the CPR. It examines the view that the new civil procedure regime could be susceptible to HRA challenges. More specifically, the work discusses whether there are differences between the CPR and the ECHR ideas of what constitutes a fair trial or just decision and between their views of proportionality. The study notes the differences between common and civil law and discusses whether there is any coming together with other European systems. This book will be a valuable resource for academics and researchers as well as lawyers and judges with an interest in the practical implications of the HRA.
Since the sexual revolution, the traditional family’s moral authority has been the subject of an increasingly politicized debate. The family’s detractors have viewed it as an arbitrary social arrangement which perpetuates injustice and legitimates violations of individual rights. Those who defend it, on the other hand, insist that it is the only possible source of human values and suggest that those outside it are somehow deficient or deviant. In this strident and polarized atmosphere, philosopher Jacob Joshua Ross offers a long-overdue assessment of the family’s relation to morality, arguing that the family is not a rigid, static institution with inflexible codes of behavior, but rather a dynamic social structure from which human morality—and human nature—emerge. Ross first explores the foundations of ethical belief, maintaining that the traditional family is intimately linked to the evolution of human morality in societies throughout the world. While he accepts the relativity of moral codes, Ross defends “true” or rational morality as the minimal and universal code on which all families depend—a code which has evolved as a result of the needs and constraints of our shared humanity, and on which all societies may one day hope to agree. Ross applies this view to many of the sensitive issues confronting today’s families, such as divorce and single parenthood, adoption, surrogacy, and gay marriage.
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