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Obligations
Obligations: New Trajectories in Law provides a critical analysis of the role of obligations in contemporary legal and social practices. As rights have become the preeminent feature of modern political and legal discourse, the work of obligations has been overshadowed. Questioning and correcting this dominant image of our time, this book brings obligations back into view in a way that fits better with the realities of contemporary social life. Following a historical account of the changing place and priorities of obligations in modernity, the book analyses how obligations and practices of obedience are core to understanding how law sustains conditions of inequality. But it also explores the enduring role obligations play in furthering individual and collective well-being, highlighting their significance in practices that prioritize human and environmental needs, common goods, and solidarity. In doing so, it also offers an alternative and cogent assessment of the force, and the potential, of obligations in contemporary societies. This original jurisprudential contribution will appeal to an academic and student readership in law, politics, and the social sciences.
Jurisprudence
Jurisprudence: Themes and Concepts offers an original introduction to, and critical analysis of, the central themes studied in jurisprudence courses. The book is presented in three parts each of which contains General Themes, Advanced Topics, tutorial questions and guidance on further reading: Law and Politics, locating the place of law within the study of institutions of government Legal Reasoning, examining the contested nature of the application of law Law in Modernity, exploring the social forces that shape legal development. This second edition includes enhanced discussion of the rise of legal positivism within the context of the rise of the modern state, the changing role of natural and human rights discourse, concepts of justice in and beyond the nation state, the impact of emergency doctrines in contemporary legal regulation, and challenges to the rule of law in light of shifting and competing demands for new types of social solidarity. Accessible, interdisciplinary, and socially informed this book has been revised to take into account the latest developments in jurisprudential scholarship.
Law and Irresponsibility
The law is often thought to be primarily concerned with organising responsibility by creating and imposing various obligations. This book offers a contrasting view - namely that legal institutions, through their practices, concepts and categories, in fact deflect responsibility, instead promoting an irresponsibility of sorts. This stance challenges the conventional way in which the law and its bodies have been consistently viewed.
The Concept of Dilemma in Legal and Judicial Ethics
Judges and lawyers have to shape their moral competences in order to maintain their professional ethics at a high standard if they want to effectively meet the challenges that modern society will throw at them. This requirement is due to the growing expectation that they will be socially and morally responsible for the law. Thus, the need to place ethics at the heart of legal education, and to make ethical reflection pervasive in academic courses, becomes more obvious every day. Using the concept and examples of moral dilemmas is a way of facilitating this task. The main purpose of this book is to analyse the concept of moral dilemma in context of judicial and legal ethics, and to provide ma...
Formation for Knowing God
"God is Self-Revealed" we are assured by many Christians today. Yet this conviction stems only from eighteenth-century Enlightenment debates. Early and ongoing Christians, with their Jewish roots, trusted God as a committed and saving but heavily clouded presence (whether by God's choice, or our inadequacy, or both). Continuing Christian tradition has thus insisted that there is much more to this God than we can hope to get our heads round. Yet such Christians have trusted that this loving, saving, triune God's purpose is to transform us Godward. "The divine Word became as we are so we might become as he is." Meanwhile, some of us at least can find ourselves drawn to share with our predecessors and one another in imagining how this may be. And then we may be drawn to realize in practice what we imagine--in active service to God among fellow humans and all God's fragile creation. Then, we may hope, we may have been brought to know God more nearly as God is. Gerald Downing first argued this fifty years ago, and here he restates the issues with fresh insights and renewed hope.
Mourning Sickness
This book explores Hegel's response to the French Revolutionary Terror and its impact on Germany. Like many of his contemporaries, Hegel was struck by the seeming parallel between the political upheaval in France and the upheaval in German philosophy inaugurated by the Protestant Reformation and brought to a climax by German Idealism. Many thinkers reasoned that a political revolution would be unnecessary in Germany, because this intellectual "revolution" had preempted it. Having already been through its own cataclysm, Germany would be able to extract the energy of the Revolution and channel its radicalism into thought. Hegel comes close to making such an argument too. But he also offers a p...
Culture and Enlightenment
This title was first published in 2002: Culture and Enlightenment are the two words that best characterise the essence of György Markus's career, in whose honour this book is published. Markus devoted the last twenty years of research towards a theory of cultural objectivations and their pragmatics, and the great depth of his knowledge of the history of culture and philosophy informs all his teaching and writing. The pursuit of Enlightenment ideals attains reflective self-consciousness in Markus' works; forged in the knowledge of its own historicity, of the embeddedness of rationalities in culture and in an awareness of the paradoxes that cling to the conscious affirmation of ideals which a...
The Moral Imagination and the Legal Life
What role can resources that go beyond text play in the development of moral education in law schools and law firms? How can these resources - especially those from the visual and performing arts - nourish the imagination needed to confront the ethical complexities of particular situations? This book asks and answers these questions, thereby introducing radically new resources for law schools and law firms committed to fighting against the moral complacency that can all too often creep into the life of the law. The chapters in this volume build on the companion volume, The Arts and the Legal Academy, also published by Ashgate, which focuses on the role of non-textual resources in legal education generally. Concentrating in particular on the moral dimension of legal education, the contributors to this volume include a wide range of theorists and leading legal educators from the UK and the US.
Harry Alan Towers
Harry Alan Towers' reputation rests upon a corpus of 95 low-budget productions shot post-haste in every corner of the globe. He took an integral part, however, in the development of the protocols that now underpin much transnational film production and he must be regarded as a pioneer. Towers' slash and burn strategy focused on parasitic, back-to-back productions, funded by rights bundles that were pre-sold globally. This strategy was substantially derived from his early days in broadcasting wherein he acted as a go-between in the American and the British Commonwealth markets. Though he became adept at procuring funds from pariah regimes and black market economies, primarily he continued to act as a broker bringing together American equity investment and European finance under the auspices of EC co-production agreements. He was also quick to exploit the burgeoning niche markets becoming available in the wake of technological developments and government initiatives.
Caring Autonomy
Argues that European human rights law must acknowledge that autonomy is dependent on the existence of trusting and caring relationships.
