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"Principes du droit."
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Rousseau's theory of freedom
Jean-Jacques Rousseau has a claim to be ranked above even Karl Marx as the political philosopher who has most influenced everyday life. His much-read philosophy of education alone would qualify him for a high place, but his political theory is even more important: decisions affecting millions of people were made based on the reading of certain lines of the Social Contract. Yet while politicians and scholars have studied this book for 250 years, almost no agreement exists on how to interpret its central concept: freedom. Rousseau's theory of freedom has led him to be called everything from the greatest prophet of individual liberty to the designer of the first totalitarian state. This book offers a new, unifying interpretation of the theory of freedom in the Social Contract. Simpson gives a careful analysis of Rousseau's theory of the social pact, and then examines the kinds of freedom that it brings about, showing how Rousseau's individualist and collectivist aspects fit into a larger and logically coherent theory of human liberty. Simpson's book not only helps us to understand one of the pre-eminent political minds of the 18th century, but also brings us into closer conversation with those he influenced, who have done so much to shape our world. And in light of the interest in contemporary contractualist philosophers like Rawls, Scanlon, and Gauthier, readers will find it worthwhile to return to the thinker who offers one of the most radical, profound, and insightful theories of the social contract ever devised.
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The Social Contract and The First and Second Discourses
Jean-Jacques Rousseau's ideas about society, culture, and government are pivotal in the history of political thought. His works are as controversial as they are relevant today. This volume brings together three of Rousseau's most important political writings-The Social Contract and The First Discourse (Discourse on the Sciences and Arts)andThe Second Discourse (Discourse on the Origin and Foundations of Inequality)-and presents essays by major scholars that shed light on the dimensions and implications of these texts.Susan Dunn's introductory essay underlines the unity of Rousseau's political thought and explains why his ideas influenced Jacobin revolutionaries in France but repelled American revolutionaries across the ocean. Gita May's essay discusses Rousseau as cultural critic. Robert N. Bellah explores Rousseau's attempt to resolve the tension between the individual's desire for freedom and the obligations that society imposes. David Bromwich analyzes Rousseau as a psychologist of the human self. And Conor Cruise O'Brien takes on the \"noxious,\" \"deranged\" Rousseau, excoriated by Edmund Burke but admired by Robespierre and Thomas Jefferson. Written from different, even opposing perspectives, these lucid essays convey a sense of the vital and contentious debate surrounding Rousseau and his legacy.For this edition Susan Dunn has provided a new translation of theDiscourse on the Sciences and Artsand has revised a previously published translation ofThe Social Contract.
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General Jurisprudence
This book explores how globalisation influences the understanding of law. Adopting a broad concept of law and a global perspective, it critically reviews mainstream Western traditions of academic law and legal theory. Its central thesis is that most processes of so-called 'globalisation' take place at sub-global levels and that a healthy cosmopolitan discipline of law should encompass all levels of social relations and the legal ordering of these relations. It illustrates how the mainstream Western canon of jurisprudence needs to be critically reviewed and extended to take account of other legal traditions and cultures. Written by the one of the foremost scholars in the field, this important work presents an exciting alternative vision of jurisprudence. It challenges the traditional canon of legal theorists and guides the reader through a field undergoing seismic changes in the era of globalisation. This is essential reading for all students of jurisprudence and legal theory.
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Balancing Constitutional Rights
The language of balancing is pervasive in constitutional rights jurisprudence around the world. In this book, Jacco Bomhoff offers a comparative and historical account of the origins and meanings of this talismanic form of language, and of the legal discourse to which it is central. Contemporary discussion has tended to see the increasing use of balancing as the manifestation of a globalization of constitutional law. This book is the first to argue that 'balancing' has always meant radically different things in different settings. Bomhoff uses detailed case studies of early post-war US and German constitutional jurisprudence to show that the same unique language expresses both biting scepticism and profound faith in law and adjudication, and both deep pessimism and high aspirations for constitutional rights. An understanding of these radically different meanings is essential for any evaluation of the work of constitutional courts today.
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Routledge Philosophy GuideBook to Rousseau and The Social Contract
Rousseau's Social Contract is a benchmark in political philosophy and has influenced moral and political thought since its publication. Rousseau and the Social Contract introduces and assesses:*Rousseau's life and the background of the Social Contract*The ideas and arguments of the Social Contract*Rousseau's continuing importance to politics and philosophyRousseau and the Social Contract will be essential reading for all students of philosophy and politics, and anyone coming to Rousseau for the first time.
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The United Nations and the Principles of International Law
With the fall of communism and the appearance of a new world order, it is hoped that the United Nations will become the principle organisation for the regulation of relations between states as well as for the settlement of conflict. The recent crises over Iraq and the continued bloodshed in the former Yugoslavia have ensured a higher profile for the United Nations but have at the same time placed great pressure on that organisation to resolve conflict and organise relations between states in a manner that is acceptable to the international community. The essays collected in this volume are published in conjunction with the International Law Group. Providing valuable statements of the fundamentals of international law from leading authorities, they re-examine the Declaration of Principles of International Law Governing Friendly Relations Between States. The Declaration is the nearest thing that states have to an international constitution and embodies the fundamental values of the international legal system. The great changes in the international system since 1989 hold out the prospect of the reinvigoration of the Charter, perhaps for a new system of international legal relations, and make the reconsideration of the Declaration particularly timely.
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A Theory of Precedent
Analytical jurisprudence has been mostly silent on the role of precedent in legal adjudication. What is the content of a judges precedent ideology,or the rule of precedent-recognition, by means of which the ratio of a case is to be distinguished from mere dicta? In this study, the author identifies six types of judicial precedent-ideology, among them judicial legislation, systemic construction of the underlying reasons of law in the Dworkinian sense, and a radical re-evaluation of the merits of a prior case in later adjudication, as envisioned by the American Realists. These competing models are tested against judicial experiences in the UK, US, France, Italy, Germany and Finland. By this means Lon Fullers famous internal morality of law is shown to function rather poorly in the context of precedents, and the author therefore suggests a redefinition of the rule which makes it work for precedent. This, in turn leads the author to confront fundamental questions about the normative nature of law. Is Kelsens grundnorm or Harts ultimate rule of recognition a valid rule, in the image of legal rules proper, or is it merely a social fact, observable only in the practices and behaviour of judges and other officials? The author claims that Hart is caught between Kelsen and J.L. Borges, the late Argentinian fabulist, in so far as the ontology and epistemology of the rule of recognition are concerned. This leads the author to the conclusion that the two predicaments affecting analytical positivism, namely the threat of endless self-referentiality, or infinite regress, can only be accounted for by means of recourse to the philosophy of deconstruction as posited by Jacques Derrida.
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Environment and Law
This textbook provides a concise introduction for students with little or no legal background, to the role of law in environmental protection. It describes and explains law and legal systems, the concept of the environment, sources of environmental law and some of the techniques used in environmental law. Interdisciplinary in approach, the book explores some of the major connections between law and the disciplines of ethics, science, economics and politics.Environment and Law offers a greater understanding of international and national environmental law and has case-studies from all over the world, including examples from UK, US and Australian law.
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