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Pour consulter ou emprunter des documents, voyez la rubrique informations pratiques. Le fonctionnement de l'interface de recherche est sommairement décrit dans ce guide de recherche. Les périodiques, les brochures et certains documents rares ou anciens sont exclus du prêt et doivent être consultés sur place.

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Anarchy and legal order : law and politics for a stateless society / Gary CHARTIER / Cambridge [UK] : Cambridge University Press (2013)

ISBD Public Anarchy and legal order : law and politics for a stateless society [document électronique] / Gary CHARTIER . - Cambridge [UK] : Cambridge University Press, 2013 . - 434 p. ; PDF ocr. ISBN : 978-1-107-03228-6 Langues : Anglais (eng) Catégories : DROIT Résumé : Introduction: embodying freedom Laying foundations -A reasonable conception of the good life will invovle an understanding of both welfare and right action -Welfare is multidimensional -Reasonably Seeking to flourish or to help another to flourish requires recognition, fairness, and respect -A flourishing life is a reasonable life Rejecting aggression -Acting reasonably means avoiding aggression against others and their justly acquired possessions -Aggression involves unreasonably injuring other' bodies or interfering with their just possessory interests -The requirements of practical reasonablenes preclude many choices causing injuries to basic aspects of welfare -The principle of fairness provides good reason to avoid interfering with others' justly acquired possessions -Just possessory claims do not extend to other sentients or to abstract patterns -Arguments for exceptionless possessory claims seem unpersuasive -Key requirements of practical reasonableness can be encapsulated in the nonaggression maxim Safeguarding cooperation -The state is inimical to peaceful, voluntary cooperation -Peaceful, voluntary cooperation is an aspect of and a crucial precondition for a flourishing Life -State actor' refusal to cooperate with others on a peaceful, voluntary basis is highly problematic -The State is not needed to ensure peaceful, voluntary cooperation -The State is not neededd to ensure peaceful, voluntary cooperation in the production of crucial public goods -The State is dangerous -Embracing peaceful, voluntary cooperation means rejecting the state Appendix: The fact that general preemptive defense is a public good does not serve as a plausible justification for the state Enforcing law -Forcibly imposing legal requirements in a stateless society is not objectionabke on the same grounds as aggression ba the state -There might seem to be a tension between opposing the state and supporting the idea of law -Legal codes in a stateless society would have varied sources and contents, but might exhibit common features -Resolving disputes between participants in structured legal regimes need not involve stat-like injustice -The reality of morla constraints on legal rules would render the Notion of consent noncircular and would be compatible with legal polycentricity -A regime could focibly resolve conflicts with outlaws without becoming morally indistinguishable from state -A legal regime in a stateless society would be morally distinguishale from a State in important ways Rectifying injury -Just legal regimes in a stateless society can effecively prevent, end, and remedy injuries -Just legal regimes would use civil rather than criminal justice mechanisms to rectify injuries -A juste legal regime in a stateless society could recify environmentally mediated injuries as well as injuries to nonhuman animals and vulnerable human persons -Just legal regimes can rectify injuries without the involvement of the state Liberating Society -Just legal rules and institutions in a stateless society could facilitate liberating social change using nonaggressive means -Techniques for fostering social change need to be aggressive -Just legal rule and institutions in a stateless society would further wealth redistribution -Rectifying injustice could help to create alternatives to workplace hierarchies -A stateless society's legal order would foster the emergence of a free culture -Just legal rules in a stateless society would conduce to positive but nonagressive social change Situating liberation -Just legal rules and institutions in a stateless society would embody leftist, anticapitalist, and socialist values -The project of creating a stateless society with just legal rules and institutions is a leftist ptoject -The project of fostering a stateless society with just legal rule can reasonably be described as socialist -The model ofe stateless law outlined here embodies a distinctively leftist, anticapitalist and socialist antistatism Conclusion: ordering anarchy Mention de responsabilité : Gary Chartier Permalink : https://www.cira.ch/catalogue/index.php?lvl=notice_display&id=317184 Titre : Anarchy and legal order : law and politics for a stateless society Type de document : document électronique Auteurs : Gary CHARTIER Editeur : Cambridge [UK] : Cambridge University Press Année de publication : 2013 Importance : 434 p. Format : PDF ocr ISBN/ISSN/EAN : 978-1-107-03228-6 Langues : Anglais (eng) Catégories : DROIT Résumé : Introduction: embodying freedom Laying foundations -A reasonable conception of the good life will invovle an understanding of both welfare and right action -Welfare is multidimensional -Reasonably Seeking to flourish or to help another to flourish requires recognition, fairness, and respect -A flourishing life is a reasonable life Rejecting aggression -Acting reasonably means avoiding aggression against others and their justly acquired possessions -Aggression involves unreasonably injuring other' bodies or interfering with their just possessory interests -The requirements of practical reasonablenes preclude many choices causing injuries to basic aspects of welfare -The principle of fairness provides good reason to avoid interfering with others' justly acquired possessions -Just possessory claims do not extend to other sentients or to abstract patterns -Arguments for exceptionless possessory claims seem unpersuasive -Key requirements of practical reasonableness can be encapsulated in the nonaggression maxim Safeguarding cooperation -The state is inimical to peaceful, voluntary cooperation -Peaceful, voluntary cooperation is an aspect of and a crucial precondition for a flourishing Life -State actor' refusal to cooperate with others on a peaceful, voluntary basis is highly problematic -The State is not needed to ensure peaceful, voluntary cooperation -The State is not neededd to ensure peaceful, voluntary cooperation in the production of crucial public goods -The State is dangerous -Embracing peaceful, voluntary cooperation means rejecting the state Appendix: The fact that general preemptive defense is a public good does not serve as a plausible justification for the state Enforcing law -Forcibly imposing legal requirements in a stateless society is not objectionabke on the same grounds as aggression ba the state -There might seem to be a tension between opposing the state and supporting the idea of law -Legal codes in a stateless society would have varied sources and contents, but might exhibit common features -Resolving disputes between participants in structured legal regimes need not involve stat-like injustice -The reality of morla constraints on legal rules would render the Notion of consent noncircular and would be compatible with legal polycentricity -A regime could focibly resolve conflicts with outlaws without becoming morally indistinguishable from state -A legal regime in a stateless society would be morally distinguishale from a State in important ways Rectifying injury -Just legal regimes in a stateless society can effecively prevent, end, and remedy injuries -Just legal regimes would use civil rather than criminal justice mechanisms to rectify injuries -A juste legal regime in a stateless society could recify environmentally mediated injuries as well as injuries to nonhuman animals and vulnerable human persons -Just legal regimes can rectify injuries without the involvement of the state Liberating Society -Just legal rules and institutions in a stateless society could facilitate liberating social change using nonaggressive means -Techniques for fostering social change need to be aggressive -Just legal rule and institutions in a stateless society would further wealth redistribution -Rectifying injustice could help to create alternatives to workplace hierarchies -A stateless society's legal order would foster the emergence of a free culture -Just legal rules in a stateless society would conduce to positive but nonagressive social change Situating liberation -Just legal rules and institutions in a stateless society would embody leftist, anticapitalist, and socialist values -The project of creating a stateless society with just legal rules and institutions is a leftist ptoject -The project of fostering a stateless society with just legal rule can reasonably be described as socialist -The model ofe stateless law outlined here embodies a distinctively leftist, anticapitalist and socialist antistatism Conclusion: ordering anarchy Mention de responsabilité : Gary Chartier Permalink : https://www.cira.ch/catalogue/index.php?lvl=notice_display&id=317184

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