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Philosophy and Religion (R0)

D.A. Jeremy Telman

Hans Kelsen in America - Selective Affinities and the Mysteries of Academic Influence

&lt;p&gt;Introduction Hans Kelsen for Americans; D. A. Jeremy Telman.-&amp;nbsp;Part I: Hans Kelsen and American Legal Philosophy.-&amp;nbsp;Chapter 2 Kelsen in the U.S.: Still Misunderstood; Brian Bix.-&amp;nbsp;Chapter 3 Marmor’s Kelsen; Michael Steven Green.-&amp;nbsp;Part II: Hans Kelsen and the Development of Public
International Law.-&amp;nbsp;Chapter 4 The Kelsen-Hart Debate: Hart’s Critique of Kelsen's
Legal Monism Reconsidered; Lars Vinx.-&amp;nbsp;Chapter 5 Peace and Global Justice Through Prosecuting the
Crime of Aggression? Kelsen and Morgenthau on the Nuremberg Trials and the
International Judicial Function; Jochen von Bernstorff.-&amp;nbsp;Chapter 6 Hans Kelsen, the Second World War and the U.S.
Government&amp;nbsp;Thomas Olechowski.-&amp;nbsp;Part III: Kelsen in Unexplored Dialogues.-&amp;nbsp;Chapter 7 Arriving at Justice by a Process of Elimination:
Hans Kelsen and Leo Strauss; Elisabeth Lefort.-&amp;nbsp;Chapter 8 Kelsen and Niebuhr on Democracy; Daniel R. Rice.-&amp;nbsp;Chapter 9 Hans Kelsen’s Psychoanalytic Heritage –an Ehrenzweigian
Reconstruction; Bettina Rentsch.-&amp;nbsp;Chapter 10 A Morally Enlightened Positivism? Kelsen and
Habermas on the Democratic Roots of Validity in Municipal and International
Law; David Ingram.-&amp;nbsp;Part IV: Kelsen’s Legacies.-&amp;nbsp;Chapter 11 The Neglect of Hans Kelsen in West German Public
Law Scholarship, 1945–1980; Frieder Günther.-&amp;nbsp;Chapter 12 Philosophy of Law and Theory of Law: The
Continuity of Kelsen's Years in America; Nicoletta Ladavac.-&amp;nbsp;Chapter 13 Pure Formalism? Kelsenian Interpretive Theory between
Textualism and Realism; Christoph Bezemek.-&amp;nbsp;Chapter 14 Cognition and Reason:&amp;nbsp; Rethinking Kelsen in the Context of Contract
and Business Law; &amp;nbsp;Jeffrey M. Lipshaw.-&amp;nbsp;Chapter 15 Kelsen’s View of the Addressee of the Law: Primary
and Secondary Norms; Dru Stevenson.-&amp;nbsp;Chapter 16 Kelsen, Justice, and Constructivism; Joshua Felix.-&amp;nbsp;Conclusions.-&amp;nbsp;Chapter 17 In Defense of Modern Times: A Keynote Address; Clemens
Jabloner.-&amp;nbsp;Chapter 18 Hans Kelsen’s Modernist Secularism and the Free Exercise of
Religion; Jeremy Telman.&lt;/p&gt;&lt;p&gt;&lt;/p&gt;

This book offers an original and interdisciplinary critique of determinism in science, evolution, religion, and legal thought, arguing that chance, contingency, and facticity cannot be reduced to causal necessity, probability, or unknown scientific laws. Moving across philosophy of law, legal theory, philosophy of science, evolutionary theory, eugenics, religion, normativism, and rhetoric, this book examines how modern knowledge systems have repeatedly attempted to deny or control chance through scientific laws, religious belief, evolutionary narratives, and legal norms. It challenges the ambition to transform the humanities into predictive sciences and questions reductionist accounts of human behavior, social order, and legal interpretation. At its core, this book rethinks law not as a closed system of norms governed by a single correct interpretation, but as a rhetorical and social system for treating endogenous conflicts within legal communities. By analyzing determinism, causality, the limits of science, the risks of pre-eugenic reasoning, human exceptionalism, decolonial continuity, customary law, legal norms, precedents, and judicial decision-making, this book develops a distinctive contribution to philosophy of law and legal epistemology. It will be of particular value to scholars and students in jurisprudence, legal theory, philosophy of law, law and humanities, philosophy of science, and interdisciplinary legal studies seeking a rigorous account of how chance and rhetoric shape law, society, and human affairs.

Law and Chance

New School of Multilateralism

Während ein Teil der Forschungsgemeinde die Sehnsucht nach vormodernen Gemeinschaften als politisch riskant kritisiert, bleibt die Frage nach der prinzipiellen Krisenanfälligkeit modernisierter Gesellschaften bislang unzureichend beantwortet. „Gesellschaft und Krise" von Alexander Strupp entwickelt - unter Rückgriff auf Jürgen Habermas - ein Verständnis der allgemeinen Bedingungen gelingendem menschlichen Zusammenlebens, um gerade moderne Gesellschaften an diesem Maßstab zu messen und Recht sowie Demokratie als soziale Stabilisatoren zu diskutieren. Im Nachwort beleuchtet Isabella Lazar die Digitalisierung als einen gegenwärtig besonders brisanten Faktor, der den Erhalt des sozialen Friedens vor neue Herausforderungen stellt.

Versuch über den sozialen Frieden in der Moderne nach Jürgen Habermas

Gesellschaft und Krise

Multilateral environmental agreements have over the last four decades emerged as the preferred avenue to address inter-state environmental issues such as climate change. This book analyses the possibilities as well as the limitations of environmental treaty making between states. The book considers the structures and processes that lead to the successful adoption of the Paris Agreement - and contrasting them with other attempts that failed in bringing states together under a legally-binding solution. Christina Voigt explores the whole "life-cycle" of multilateral environmental agreements. Also emphasised is the impact of emerging economies in shaping international environmental regimes.

Multilateralism has been increasingly accepted as the modus operandi in world politics, and in global environmental politics in particular. International environmental law in the form of multilateral environmental agreements has over the last four decades emerged as the preferred avenue to address inter-state environmental issues that either cross state boundaries, materialize beyond national jurisdictions or are of genuinely global nature such as climate change.This book analyses the possibilities as well as the limitations of environmental treaty making between states. The book considers the structures and processes that lead to the successful adoption of the Paris Agreement – and contrasting them with other attempts that failed in bringing states together under a legally-binding solution. Christina Voigt explores the whole "life-cycle" of multilateral environmental agreements, from diplomatic exchanges, to treaty negotiations, to analyses of the treaty text, non-compliance mechanisms and finally to recourse to courts. It also emphasises the strong impact of the sovereign powers of emerging economies such as China and Brazil on the shaping of international environmental regimes.

Environmental Multilateralism and its Discontents

A fairer, healthier, more caring and sustainable society is entirely within our grasp. The renowned co-author of The Spirit Level shows us the way.'An uplifting vision for solving inequality that benefits everyone' ANDY BURNHAM'Poverty and inequality are at the heart of all our problems. Kate Pickett's book shows how tackling them must be at the heart of our solutions too' ZACK POLANSKI'Just what these times are crying out for' KATE RAWORTHHow do we ensure that everyone has good health and receives the care they need? How do we provide education that allows every child to flourish? How do we ensure safety, justice and a sustainable environment for all?In this inspiring book, world-leading social scientist Kate Pickett shows that to make a good society - in which everyone has what they need to be well, and everyone would be better off - we must prioritise the health, care, education and rehabilitation of those who have the least and suffer the most. Drawing on decades of proven solutions and success stories from around the globe, The Good Society cuts to the essence of the challenges we face and presents us with a practical, perspective-shifting vision for how to tackle them.'Genuinely transformative. A powerful and deeply humane vision that focuses on what really matters' DANIEL CHANDLER'Daringly optimistic' FINANCIAL TIMES'Electrifying' POLLY MORLAND'Vital ... shines a light for hope' INDEPENDENT

And How We Make It

The Good Society

Law and Philosophy Library

International law operates under persistent normative fragmentation: specialised regimes have produced a decentralised body of norms prone to conflict. For many international lawyers, however, the debate now appears settled, buried by the International Law Commission’s work on systemic integration and the turn to regime interaction and normative pluralism. But the ghosts of fragmentation are revenants: they return precisely when the matter is believed to be settled. The triple planetary crisis of climate change, biodiversity loss, and pollution has made the haunting plain, revealing that the fractures once discussed as technical problems of consistency are symptoms of a deeper condition: a world whose ecological, legal, and political orders do not align. This book investigates how consistency is possible within a fragmented order.Rather than surveying the responses of international legal scholarship, the book offers a rational reconstruction of the concept of consistency in international law, making explicit the implicit logical structures through which legal actors reason. The book distinguishes facts, norms, and reasons as the building blocks of legal argumentation and shows how legal actors can derive statement-consistent conclusions even where the underlying norm-set is itself norm-inconsistent.International law, on this account, sustains itself not by eliminating inconsistency but by reasoning through it. Conflict avoidance operates upstream through meta-norms that affect validity and the conditions of applicability; where it fails, priority reasoning and reason-based argumentation determine which norm applies. The consistency achieved is local, provisional, and plural, but it is genuine, disciplined by constraints and accountable to the requirement of justification. The framework does not prescribe which priorities legal actors should adopt but it clarifies the grammar of the practice that instead makes these determinations. The book argues, however, that incorporating planetary boundaries as legal constraints would narrow the space of admissible outcomes in ways decisive for the planetary crisis.

International Law under the Planetary Crisis

Ordering the Fragments

In this book, John Finnis provides a virtually unparalleled, in-depth assessment of Leon Peträycki’s work by a Western scholar. In the opening chapter, Finnis takes up the challenge of reading Peträycki not simply as a historical curiosity of Eastern European jurisprudence but as a thinker whose wide-ranging and ambitious ideas continue to spark debate today. He critiques not only Peträycki’s non-standard “economic analysis of law,” which differs markedly from the Chicago School model (not to mention from Guido Calabresi’s and Pietro Trimarchi’s versions), but also many other aspects of Peträycki’s various contributions to jurisprudence. These include, above all, his legal-realistic but nonetheless appreciative treatment of the natural-law tradition(s), which makes Peträycki both distinctive and difficult to classify in terms of standard schools of thought.
Finnis’ essay is followed by nine further contributions. Written by scholars from different traditions and standpoints, they criticize, reassess, and elaborate upon Finnis’ arguments, creating a rich and multi-voiced dialogue. The volume concludes with Finnis’ own, extensive “concluding reflections,” in which he directly responds to his fellow contributors, clarifying his original questions and replying to the challenges raised in their chapters.
This unique volume showcases Finnis’ insights, while enabling his interlocutors to highlight the depth and complexity of both Finnis’ and Peträycki’s thought, as well as broader issues – more relevant now than ever – such as the differences between Catholic natural law, Orthodox natural law, and Peträycki’s atheistic, humanistic, anti-speciesist ideal of substituting love for law and morality alike.

In this book, John Finnis provides a virtually unparalleled, in-depth assessment of Leon Petrażycki’s work by a Western scholar. In the opening chapter, Finnis takes up the challenge of reading Petrażycki not simply as a historical curiosity of Eastern European jurisprudence but as a thinker whose wide-ranging and ambitious ideas continue to spark debate today. He critiques not only Petrażycki’s non-standard “economic analysis of law,” which differs markedly from the Chicago School model (not to mention from Guido Calabresi’s and Pietro Trimarchi’s versions), but also many other aspects of Petrażycki’s various contributions to jurisprudence. These include, above all, his legal-realistic but nonetheless appreciative treatment of the natural-law tradition(s), which makes Petrażycki both distinctive and difficult to classify in terms of standard schools of thought.Finnis’ essay is followed by nine further contributions. Written by scholars from different traditions and standpoints, they criticize, reassess, and elaborate upon Finnis’ arguments, creating a rich and multi-voiced dialogue. The volume concludes with Finnis’ own, extensive “concluding reflections,” in which he directly responds to his fellow contributors, clarifying his original questions and replying to the challenges raised in their chapters.This unique volume showcases Finnis’ insights, while enabling his interlocutors to highlight the depth and complexity of both Finnis’ and Petrażycki’s thought, as well as broader issues – more relevant now than ever – such as the differences between Catholic natural law, Orthodox natural law, and Petrażycki’s atheistic, humanistic, anti-speciesist ideal of substituting love for law and morality alike.

Nine Scholars in Dialogue on Legal Realism and Natural Law

Debating Finnis on Petrażycki

ASIL Studies in International Legal Theory

This volume offers a new point of entry into questions about how the law conceives of states and firms. Because states and firms are fictitious constructs rather than products of evolutionary biology, the law dictates which acts should be attributed to each entity, and by which actors. Those legal decisions construct firms and states by attributing identity and consequences to them. As the volume shows, these legal decisions are often products of path dependence or conceptual metaphors like "personhood" that have expanded beyond their original uses. Focusing on attribution, the volume considers an array of questions about artificial entities that are usually divided into doctrinal siloes. These include questions about attribution of international legal responsibility to states and state-owned entities, transnational attribution of liabilities to firms, and attribution of identity rights to corporations. Durkee highlights the artificiality of doctrines that construct firms and states, and therefore their susceptibility to change.

Attributing Identity and Responsibility to Artificial Entities

States, Firms, and Their Legal Fictions

Studies in International Law

This book examines the United Nations Security Council's authorisation of the use of force, considering the extensive body of UN Security Council resolutions across its now eighty years of existence. As one of the established exceptions to the Article 2(4) UN Charter prohibition on the use of force, UN Security Council authorisation of force remains a key focus for both States and scholars alike. Despite the apparent consequences of authorisation, authorising resolutions lack prescribed formats or mandatory content. The UN Security Council has over time, however, developed a consistent practice of prior explicit authorisation. The development of this practice is reflected in a number of essential characteristics within authorising resolutions of the UN Security Council. These include explicit determinations of a threat to international peace and security, the invocation of Chapter VII (or VIII) of the UN Charter, the use of specific authorising language, the inclusion of time or functional limits on authorisation, and the imposition of reporting obligations on those authorised to use force. The book ultimately argues that prior explicit authorisation constitutes a well-established practice, rejecting the legality and admissibility of implicit and retroactive authorisation.

Form, Character and Nature

The United Nations Security Council and the Authorisation of Force

An Effects-Based Approach to Cross-Border Governance

State Enterprises in International Economic Law

Irish Yearbook of International Law

The Irish Yearbook of International Law supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship. This new volume covers the years 2023, amid growing state actions reflecting raw political and military power across the American continents, in the Middle East and amid ongoing armed conflicts around the world, most notably in Ukraine and in Gaza. Reports also cover topics on human rights in Ireland, international law in Ireland more generally, and the law of the sea. This volume of the Yearbook includes three articles, addressing international commercial contracts, the use of prosecutorial discretion at the International Criminal Court, and digital open-source evidence in regional human rights courts. Finally, the Yearbook also includes four book reviews covering a wide breadth of international law subjects, such as European legal regulation of technology, the morality of the laws of war, the prohibition of the use of force in international law, and sustainability in international trade agreements.

The Irish Yearbook of International Law, Volume 17, 2023

Modern Studies in European Law

This book offers a comprehensive and forward looking assessment of the European Union's integration of the Western Balkan countries, analysing the process through three interlinked perspectives: EU frameworks, domestic reforms, and intra-regional cooperation. It first examines the legal architecture that structures accession, including the long standing Stabilisation and Association Agreements, the EU's revised enlargement methodology, and the emerging Growth Plan for the Western Balkans, which strengthens conditionality by linking financial support to reform performance. Together, these instruments reveal both the possibilities and the persistent limitations of the EU's approach to preparing candidate states for membership. The second part turns to the Western Balkan states themselves, assessing the extent and effectiveness of reforms - most notably in the rule of law, now central to the "Fundamentals" cluster of the new methodology. The book analyses how far EU driven, top down reforms align with domestic constitutional and legal contexts and identifies the structural and political obstacles that may hinder the impact of EU conditionality. It also explores the scope for more locally grounded, bottom up reform initiatives. A third angle considers intra-regional integration efforts, such as CEFTA, the regional common market, the Berlin Process, the Open Balkan Initiative and cooperation through the Regional Cooperation Council. By evaluating their institutional design, legal commitments and enforcement mechanisms, the book compares these initiatives with the EU integration pathway and assesses their potential role as stepping stones to accession. Grounded in rigorous legal analysis and informed by political context, this book is essential reading for scholars of EU enlargement, comparative regional integration, and postgraduate students engaging with the future of Europe's neighbourhood.

A Legal Assessment of EU Integration in the Western Balkans

Global Challenges in the Environmental Humanities

This open access edited volume acknowledges that when judges adjudicate climate change issues, their decisions are shaped by far more than positive law. Adopting a pluriversal, socio-legal and multidisciplinary approach, chapters engage with an array of 'extra-legal' factors that inform what happens inside courtrooms, of relevance for climate action more broadly. These factors include judges' psychology; who is appointed as a judge and how that process is designed; legal culture and philosophy; who litigates and how litigation strategies are designed; literature; counter-hegemonic knowledge production; political ecology; climate anxiety; and climate science. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by Newcastle Law School (United Kingdom), the Department of Land Economy, Cambridge and Queens' College, Cambridge.

Exploring Extra-Legal Factors

Adjudicating Climate Change

Hans Kelsen in America - Selective Affinities and the Mysteries of Academic Influence

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