Philosophy

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  • Imperfect Justice: Looted Assets, Slave Labor, and the Unfinished Business of World War II

    Sert Kapak
    The U. S. official who spearheaded the fight to reclaim the stolen and confiscated assets of Holocaust survivors and other victims of World War II tells the inside story of that fight and how it was won. . In the second half of the 1990s, Stuart Eizenstat was perhaps the most controversial U. S. foreign policy official in Europe. His mission had nothing to do with Russia, the Middle East, Yugoslavia, or any of the other hotspots of the day. Rather, Eizenstat's mission was to provide justice-albeit belated and imperfect justice-for the victims of World War II. Imperfect Justice is Eizenstat's account of how the Holocaust became a political and diplomatic battleground fifty years after the war's end, as the issues of dormant bank accounts, slave labor, confiscated property, looted art, and unpaid insurance policies convulsed Europe and America. He recounts the often heated negotiations with the Swiss, the Germans, the French, the Austrians, and various Jewish organizations, showing how these moral issues, shunted aside for so long, exposed wounds that had never healed and conflicts that had never been properly resolved. Though we will all continue to reckon with the crimes of World War II for a long time to come, Eizenstat's account shows that it is still possible to take positive steps in the service of justice.
    22,53  TL86,64  TL
  • Not Only for Myself: Identity, Politics, and the Law

    Not Only for Myself: Identity, Politics, and the Law

    Karton Kapak
    Now in paperback, a "moderate, judicious... look at identity politics" (Kirkus Reviews) by one of our leading legal thinkers. In Not Only for Myself, Harvard Law professor and leading critical legal scholar Martha Minow uses well-known incidents, such as the furor over the casting of Miss Saigon and the confirmation hearings of Supreme Court Justice Clarence Thomas, to explain the legal issues bearing on such incendiary questions as affirmative action, segregation, racial redistricting, and "identity politics."
    Temin Edilemiyor
  • Law and Social Justice (Topics in Contemporary Philosophy)

    Law and Social Justice (Topics in Contemporary Philosophy)

    These essays by leading scholars illustrate the complexity and range of philosophical issues raised by consideration of law and social justice. The contributors to Law and Social Justice examine such broad foundational issues as instrumentalist versus Kantian conceptions of rights as well as such specific problems as the admissibility or inadmissibility of evidence of causation in toxic tort cases. They consider a variety of subjects, including the implications of deliberative democracy for privacy rights, equality as a principle of distributive justice, the paradox of "moral luck," the treatment of intellectual property in China and its roots in Chinese tradition, and the extent to which initial acquisition of goods yields full property rights. Two special sections at the end of the volume discuss the treatment of law and social justice issues in the work of two philosophers: "Wittgenstein and Legal Theory," on the influence of Wittgenstein's thought on legal philosophy, and a discussion of Jules L. Coleman's The Practice of Principle, which concludes with a contribution, "Facts, Fictions, and the Grounds of Law," by Coleman himself.
    Temin Edilemiyor
  • Law and Social Justice (Topics in Contemporary Philosophy)

    Law and Social Justice (Topics in Contemporary Philosophy)

    These essays by leading scholars illustrate the complexity and range of philosophical issues raised by consideration of law and social justice. The contributors to Law and Social Justice examine such broad foundational issues as instrumentalist versus Kantian conceptions of rights as well as such specific problems as the admissibility or inadmissibility of evidence of causation in toxic tort cases. They consider a variety of subjects, including the implications of deliberative democracy for privacy rights, equality as a principle of distributive justice, the paradox of "moral luck," the treatment of intellectual property in China and its roots in Chinese tradition, and the extent to which initial acquisition of goods yields full property rights. Two special sections at the end of the volume discuss the treatment of law and social justice issues in the work of two philosophers: "Wittgenstein and Legal Theory," on the influence of Wittgenstein's thought on legal philosophy, and a discussion of Jules L. Coleman's The Practice of Principle, which concludes with a contribution, "Facts, Fictions, and the Grounds of Law," by Coleman himself.
    Temin Edilemiyor
  • The Meaning of Property: Freedom, Community, and the Legal Imagination

    The Meaning of Property: Freedom, Community, and the Legal Imagination

    In his latest book, Jedediah Purdy takes up a question of deep and lasting importance: why is property ownership a value to society? His answer returns us to the foundations of American society and enables us to interpret the writings of the patron saint of liberal economics, Adam Smith, in a wholly new light.Unlike Milton Friedman and other free-market scholars, who consider property a key to efficient markets, Purdy draws upon Smith’s theories to argue that the virtues of wealth are social rather than economic. In Purdy’s view, ownership does much more than shield one from government interference. Property shapes social life in ways that bring us closer to, or take us farther from, the ideal of a community of free and equal members. This view of property is neither libertarian nor communitarian but treats the community as the precondition of individual freedom.  This view informed U.S. law in the early days of the republic, Purdy writes, and it is one that we need to restore today.Touching upon some of the most charged issues in American politics and law, including slavery, inheritance, international development, and climate change, The Meaning of Property offers a compelling new view of property and freedom and enriches our understanding of democratic society.
    Temin Edilemiyor
  • Aggression and Crimes Against Peace (Philosophical and Legal Aspectrs of War and Conflict)

    Aggression and Crimes Against Peace (Philosophical and Legal Aspectrs of War and Conflict)

    Karton Kapak
    In this volume, the third in his trilogy on the philosophical and legal aspects of war and conflict, Larry May locates a normative grounding for the crime of aggression-the only one of the three crimes charged at Nuremberg that is not currently being prosecuted-that is similar to that for crimes against humanity and war crimes. He considers cases from the Nuremberg trials, philosophical debates in the Just War tradition, and more recent debates about the International Criminal Court, as well as the hard cases of humanitarian intervention and terrorist aggression. May argues that crimes of aggression, sometimes called crimes against peace, deserve international prosecution when one State undermines the ability of another State to protect human rights. His thesis refutes the traditional understanding of aggression, which often has been interpreted as a crossing of borders by one sovereign state into another sovereign state. At Nuremberg, crimes against humanity charges were only pursued if the defendant also engaged in the crime of aggression. May argues for a reversal of this position, contending that aggression charges should be pursued only if the defendant's acts involve serious human rights violations.
    Temin Edilemiyor
  • I Was Wrong: The Meanings of Apologies

    I Was Wrong: The Meanings of Apologies

    Sert Kapak
    Apologies pervade our news headlines and our private affairs, but how should we evaluate these often vague and deceptive rituals? Discussing numerous examples from ancient and recent history, I Was Wrong: On The Meanings of Apologies argues that we suffer from considerable confusion about the moral meanings and social functions of these complex interactions. Rather than asking whether a speech act "is or is not" an apology, Smith offers a nuanced theory of apologetic meaning. Smith leads us with a clear voice though a series of rich philosophical and interdisciplinary questions, arguing that apologies have evolved from a confluence of diverse cultural and religious practices that do not translate easily into pluralistic secular discourse. After describing several varieties of apologies between individuals, Smith turns to collectives. Although apologies from corporations, governments, and other groups can be profoundly significant, Smith guides readers to appreciate the kinds of meaning that collective apologies often do not convey and warns of the dangers of collective acts of contrition that allow individual wrongdoers to obscure their personal blame. Dr. Smith is an assistant professor of philosophy at the University of New Hampshire. A graduate of Vassar College, he earned a law degree from SUNY at Buffalo and a Ph.D. in philosophy from Vanderbilt University. Before coming to UNH, he worked as a litigator for LeBoeuf, Lamb, Greene, and MacRae and as a judicial clerk for the Honorable R.L. Nygaard of the United States Court of Appeals for the Third Circuit. He specializes in the philosophy of Law, Politics, and Society and he writes on and teaches aesthetics. He is working with Cambridge University Press on the sequel to I Was Wrong, applying his framework for apologetic meanings to examples in criminal and civil law. His writings have appeared in journals such as Continental Philosophy Review, Social Theory and Practice, The Journal of Social Philosophy, Culture, Theory & Critique, The Rutgers Law Journal, and The Buffalo Law Review.
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  • Modernism and the Grounds of Law (Cambridge Studies in Law and Society)

    Modernism and the Grounds of Law (Cambridge Studies in Law and Society)

    Karton Kapak
    Approaches to the relation of law and society have for a long time seen law as either autonomous or self-grounded in society. This book is a radically new approach that sees law as both derived from and constitutive of its surrounding social and cultural context. Drawing on the work of major theorists, this book examines the nature of law as it has descended from the Enlightenment, through to colonialism and now globalization. It is a significant contribution to legal philosophy, jurisprudence and socio-legal studies.
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  • Norms and the Law

    Norms and the Law

    Karton Kapak
    This book contains perspectives of world-renowned scholars from the fields of law, economics, and political science about the relationship between law and norms. The authors take different approaches by using a wide variety of perspectives from law, legal history, neoclassical economics, new institutional economics, game theory, political science, cognitive science, and philosophy. The essays examine the relationship between norms and the law in four different contexts. Part One consists of essays that use the perspectives of cognitive science and behavioral economics to analyze norms that influence the law. In Part Two, the authors use three different types of common property to examine cooperative norms. Part Three contains essays that deal with the constraints imposed by norms on the judiciary. Finally, Part Four examines the influence formal law has on norms.
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