Pluralism and Law

Description

AREND SOETEMAN In the past we lived on one earth, but in many different worlds. Different civilisations, in regions far apart, knew about one another (at least from about the 16th century), they competed with one another or tried to dominate the other, they influenced one another, but in many important aspects they were independent from one another. Somewhere in the 20th century, however, this changed. There is no far apart anymore. We have lived through two European wars, which developed into world wars. Modem aeroplanes allow us to travel in only a couple of hours around the world. Instant communication between individuals who have the whole globe in between is a reality. There still exist great differences between different civilisations. But they can ignore one another only at their peril. They deeply influence one another. Today, therefore, we live in one world. Conflicts in the Middle East, in Rwanda and Uganda or in the former Yugoslavia have their impact all over the world. Violations of human rights, no matter where, are increasingly considered to be the concern of all of us. The whims and caprices of some dictator may influence the spending possibilities of the general public far away. Front Matter....Pages I-VIII Formal Justice as a Common Language....Pages 1-17 Retribution in the Transition to Democracy....Pages 19-36 Hate Speech and the Law: A Canadian Perspective....Pages 37-53 Human Rights and the Partial Eclipse of Justice....Pages 55-70 L’Etat, les Pouvoirs et la Liberte....Pages 71-84 Pluralism, Social Conflict, and Tolerance....Pages 85-105 Humanitarian Intervention and the Self-Image of the State....Pages 107-132 The Boundaries of Democratic Pluralism....Pages 133-153 Law, Rights and Democracy after Totalitarianism....Pages 155-170 A “Struggle Approach” to Human Rights....Pages 171-190 Ethics Codes: The Regulatory Norms of a Globalized Society?....Pages 191-222 Plurality of Cultures and Natural Law....Pages 223-234 Cultural Pluralism and the Idea of Human Rights....Pages 235-249 Legal Reasoning and Systematization of Law....Pages 251-277 A Perspective on Comparative Legal Methodology and its Barriers....Pages 279-294 A Semiotic Perspective on the Comparison of Analogical Reasoning in Secular and Religious Legal Systems....Pages 295-325 Why is Legal Reasoning Defeasible?....Pages 327-346 Legal Logic Its Existence, Nature and Use....Pages 347-373 Collective Intentions, Legislative Intents, and Social Choice....Pages 375-385 Back Matter....Pages 387-387