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Dies Irae

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ISBN: 9781912656318 9781912656301 9781912656325 9781912656332 Year: Pages: 107 DOI: 10.16997/book36 Language: English
Publisher: University of Westminster Press Grant: University of Westminster
Subject: Law --- Philosophy --- Linguistics
Added to DOAB on : 2019-08-15 11:21:03
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What does it mean to judge when there is no general and universal norm to define what is right and what is wrong? Can laws be absent and is law always necessary? This is the first publication of an English translation of Jean-Luc Nancy’s acclaimed consideration of the law’s most pervasive principles in the context of actual systems and contemporary institutions, power, norms, laws. In a world where it is clearly impossible to imagine the realization of an ideal of justice that corresponds to every person’s ideal of justice, Nancy probes the limits of legal normativity starting from this problem. Moreover, the question is asked: how can legal normativity be legitimized? A legal order based on performativity and formal validity is questionable and forces below that of juridical normativity are at the heart of Dies Irae’s critical inquiry. This leads inevitably to the processes of inclusion and exclusion that characterize contemporary juridical systems and those issues of identity, hostility and self-representation so central to contemporary European and global political and legal debates.

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law --- judgement --- justice --- normativity --- Kant --- reason

The structure, form and language of international environmental norms – from absolute to relative normativity (Book chapter)

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ISBN: 9781784714642 9781784714659 Year: Pages: 28 DOI: 10.4337/9781784714659 Language: English
Publisher: Edward Elgar Publishing
Subject: Law
Added to DOAB on : 2019-03-05 15:10:01
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International environmental law has a dual nature being both formal (attached to explicit state will) and instrumental (detached from explicit state will). In this chapter it is argued that normativity of international environmental legal norms is relativised due to the softening of hard law and hardening of soft law. The softening of hard law is caused primarily by the interpretative nature of language and the interplay between formalism and instrumentalism as interpretative paradigms. As a consequence, the normative content of hard law is always a matter of interpretation which by default causes hard law to be more or less indeterminate. The hardening of soft law is visible inter alia in the informal legal status that several soft law instruments such as UN resolutions, accords, executive board decisions and informal initiatives may enjoy through their legitimacy and effectiveness. This results in some soft law instruments gaining relative legal effect even when lacking formal legal status. Based on these observations it is concluded that the normativity or validity of legal norms in international environmental law can only be evaluated after a careful analysis of all the traces of normativity (form, legitimacy and effectiveness) at play.

Philosophy of Globalization

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ISBN: 9783110544671 9783110492415 9783110491685 Year: Pages: 480 DOI: 10.1515/9783110492415 Language: English
Publisher: De Gruyter Grant: Knowledge Unlatched - 101193
Subject: Philosophy
Added to DOAB on : 2018-08-10 11:01:02
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The aim of the publication is both to provide the debates on globalization with a genuine philosophical perspective by working out its normative dimensions, and to scientifically ground the ethical-philosophical discourse on global responsibility. Other topics addressed are the altering consciousness of space and time, and globalization as a discourse, as an ideology and as a symbolic form.

Weibliche Genitalbeschneidung im Kontext von Migration

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ISBN: 9783863882648 9783863887070 Year: Pages: 189 DOI: 10.3224/86388707 Language: German
Publisher: Verlag Barbara Budrich
Subject: Gender Studies
Added to DOAB on : 2019-03-22 11:21:07
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Female circumcision is a phenomenon that causes different reactions from different perspectives. How do Somali women experience the practice in the context of migration? And what view do social workers and migrated Somali men have of female circumcision? Overall, it is clarified that the perspective of affected women and men in social work will have to be given much more future consideration.

Soziologien des Lebens

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Book Series: Sozialtheorie ISBN: 9783839445587 9783837645583 Year: Pages: 416 DOI: 10.14361/9783839445587 Language: German
Publisher: transcript Verlag Grant: OGeSoMo
Subject: Sociology
Added to DOAB on : 2019-01-15 13:34:00
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The various sociologies of life do not interpret life only as the object that is socially standardized, enhanced and recognized. They always see it as a subject of its norms, its knowledge and its changes as well. Life is not one-sided; instead its entanglements are analyzed: the immanence of nature and culture; the concurrence of being active and passive; the co-constitution of affect and cognition; the identity of normativity and standardization. Following authors such as Bataille, Bergson, Canguilhem, Deleuze, Driesch, Plessner, the pragmatists or Simmel, the contributions featured in this book unfold different perspectives on the sociology of life, re-vitalizing a discourse that is instructive for sociological theory in a variety of ways.

Aufbruch in die Öffentlichkeit?

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Book Series: Religionswissenschaft ISBN: 9783839442272 9783837642278 Year: Pages: 254 DOI: 10.14361/9783839442272 Language: German
Publisher: transcript Verlag Grant: OGeSoMo
Subject: Religion
Added to DOAB on : 2019-01-15 13:34:01
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The public religious education is lacking critique of the term »the public«. This book analytically disposes this desideratum, processing it constructively.

Reconsidering Constitutional Formation II Decisive Constitutional Normativity: From Old Liberties to New Precedence

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Book Series: Studies in the History of Law and Justice ISSN: 2198-9842 ISBN: 9783319730363 9783319730370 Year: Volume: 12 Pages: 419 DOI: https://doi.org/10.1007/978-3-319-73037-0 Language: English
Publisher: Springer Grant: European Commission; European Research Council (ERC); University of Passau
Subject: Law
Added to DOAB on : 2018-06-29 15:51:53
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This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power).In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this ‘new order of the ages’ suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically ‘higher’ form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments – from the French Revolution to Napoleon’s downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory.Also included in this volume are the French originals and English translations of two vital documents. The first – Emmanuel Joseph Sieyès’ Du Jury Constitutionnaire (1795) – highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second – the 1812 draft of the Constitution of the Kingdom of Poland – presents the ‘constitutional propaganda’ of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe’s constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu)

The Future of Catholic Theological Ethics

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ISBN: 9783038427711 9783038427728 Year: Pages: 94 Language: English
Publisher: MDPI - Multidisciplinary Digital Publishing Institute
Subject: Social Sciences
Added to DOAB on : 2018-03-26 15:53:35
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'The Future of Catholic Theological Ethics' undertakes a search for new ways of making Catholic theological ethics relevant. It engages with a ground-breaking publication 'Reframing Catholic Theological Ethics' (Oxford University Press, 2016) by Joseph Selling, Emeritus Professor of Moral Theology, Catholic University Leuven. Selling opens the volume with a summary of the approach he developed in the above work. The papers presented here cover several major themes that, traditionally, Catholic theological ethics have considered but, according to the authors of the papers, need revisiting. Amongst these themes are: conscience, virtue, natural law, authority, ecumenism, the human person and the theology of theological ethics. The writers represent a variety of approaches, geographical locations and while most of them are Roman Catholic, there is an imbedded ecumenism and interreligious and inter-cultural slant in several discussions. The authors agree that Catholic theological ethics, in order to be relevant, it needs to become more context-sensitive, ecumenical, practice-based, experience-oriented, continuously discerning, pedagogically wide-ranging and theologically articulate. It must be unceasingly willing to review and renew its method as well as revisit its key concepts. It must neither dismiss its long tradition nor stick to its single interpretation.

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