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Native Life in South Africa

Natur als Rechtssubjekt: Die neuseeländische Rechtsetzung als Vorbild für Deutschland

Das Buch analysiert die Möglichkeit der Normierung eigener Rechte der Natur in der deutschen Rechtsordnung. Als Inspiration hierzu wird der Vergleich zur Eigenrechtsgesetzgebung in Neuseeland gezogen. Neuseeland normierte als eines der ersten Länder der Welt eigene Rechte der Natur, indem das Land den Te Urewera Wald und den Whanganui Fluss als Rechtssubjekte gesetzlich anerkannte. Die Gesetzgebung wurde weltweit als umweltrechtliche Pionierleistung gefeiert. In Zeiten der Klima- und Biodiversitätskrise liegt daher der Gedanke nahe, auch im deutschen Rechtssystem über die rechtliche Aufwertung der Natur nachzudenken. Die Arbeit befasst sich daher mit der Frage, ob Rechte der Natur nach neuseeländischem Vorbild in Deutschland sowohl rechtlich zulässig als auch geboten und erforderlich sind.

Natural Corporate Management: From the Big Bang to Wall Street

This groundbreaking new book by business scholar William C. Frederick presents an innovative, exciting – even revolutionary – view of corporate management and the challenges it confronts in today's world. The author proposes a management paradigm shift transforming the way corporations do business. Management scholarship and research may well be rechanneled from current orientations to new models, concepts, and theories of what it takes to manage corporations in a planetary world confronting climate change, energy crises, and securing the well-being of all global citizens. Natural Corporate Management (NCM) is an awareness and an acceptance by the managers of today's business corporations of the close functional linkage between natural forces and human economic choices. NCM is not a set of techniques or methods but is a growing consciousness by managers of the presence and influence of nature in all managerial decisions. The book's central theme is that business and nature are locked into an evolutionary partnership that defines all aspects of corporate management, including decisions, policy, goal-seeking, organizational design, workplace behavior, and productive operations. This partnership of Nature and Nurture yields economic, social, and ecological dividends for corporations, their stakeholders, and the global community. An "Evolutionary Cascade" depicts the various phases of evolutionary change – physical, organic, genetic, human, neurological, symbolic – beginning with the Big Bang origin of the Universe and continuing to modern times. These evolutionary events collectively influence the operational activities of all business firms. A "Natural Theory of the Firm" summarizes the NCM approach, as well as the mind-set of corporate managers, and the bio-socio-economic consequences of their decisions. This theoretically-innovative book proposes an agenda of corporate actions to promote long-term sustainability and economic well-being of business, its stakeholders, and planetary citizens everywhere. It will be essential reading for managers and researchers at all levels who wish to engage seriously with the challenges of organic life and its long-term sustainability.

Natural Environments: Studies in Theoretical & Applied Analysis (RFF Environmental and Resource Economics Set)

This study represents the first scholarly attempt to consider the difficult allocation problems associated with management of natural resources and proposed changes in the natural environment. Originally published in 1973

The Natural Gas Market: Sixty Years of Regulation and Deregulation

Six decades of efforts by federal agencies to regulate the natural gas industry in the U. S. have failed, says the author of this important book. Paul MacAvoy shows that no one has gained from public control of the natural gas industry, and he argues that all participants would gain from complete deregulation. For regulated and about-to-be-regulated industries, the costly history of gas regulation is a tale to heed well.

Natural Hazard Mitigation: Recasting Disaster Policy And Planning

The first half of the 1990s saw the largest and most costly floods, hurricanes, and earthquakes in the history of the United States. While natural hazards cannot be prevented, their human impacts can be greatly reduced through advance action that mitigates risks and reduces vulnerability.Natural Hazard Mitigation describes and analyzes the way that hazard mitigation has been carried out in the U.S. under our national disaster law, the Robert T. Stafford Disaster Relief and Emergency Assistance Act. It is the first systematic study of the complete intergovernmental system for natural hazard mitigation, including its major elements and the linkages among them.The book: analyzes the effectiveness of the Stafford Act and investigates what is contained in state hazard mitigation plans required by the Act studies how federal hazard mitigation funds have been spent explores what goes into decision making following a major disaster looks at how government mitigation officials rate the effectiveness of the mitigation system suggests changes that could help solve the widely recognized problems with current methods of coping with disasters.Damages from natural disasters are reaching catastrophic proportions, making natural hazard mitigation an important national policy issue. The findings and recommendations presented in this volume should help to strengthen natural hazard mitigation policy and practice, thereby serving to reduce drains on the federal treasury that pay for preventable recovery and relief costs, and to spare residents in areas hit by natural disasters undue suffering and expense. It is an informative and eye-opening study for planners, policymakers, students of planning and geography, and professionals working for government agencies that deal with natural hazards.

Natural Hazard Mitigation

One of the four core phases of emergency management, hazard mitigation is essential for reducing disaster effects on human populations and making communities more resilient to the impacts of hazards. Presenting an up-to-date look at the changing nature of disasters, Natural Hazard Mitigation offers practical guidance on the implementation and selec

Natural Hazards and Disaster Justice: Challenges for Australia and Its Neighbours

This book explores policy, legal, and practice implications regarding the emerging field of disaster justice, using case studies of floods, bushfires, heatwaves, and earthquakes in Australia and Southern and South-east Asia. It reveals geographic locational and social disadvantage and structural inequities that lead to increased risk and vulnerability to disaster, and which impact ability to recover post-disaster. Written by multidisciplinary disaster researchers, the book addresses all stages of the disaster management cycle, demonstrating or recommending just approaches to preparation, response and recovery. It notably reveals how procedural, distributional and interactional aspects of justice enhance resilience, and offers a cutting edge analysis of disaster justice for managers, policy makers, researchers in justice, climate change or emergency management.

A Natural History of Human Morality

Michael Tomasello offers the most detailed account to date of the evolution of human moral psychology. Based on experimental data comparing great apes and human children, he reconstructs two key evolutionary steps whereby early humans gradually became an ultra-cooperative and, eventually, a moral species capable of acting as a plural agent "we".

A Natural History of the Common Law (James S. Carpentier Lectures)

How does law come to be stated as substantive rules, and then how does it change? In this collection of discussions from the James S. Carpentier Lectures in legal history and criticism, one of Britain's most acclaimed legal historians S. F. C. Milsom focuses on the development of English common law—the intellectually coherent system of substantive rules that courts bring to bear on the particular facts of individual cases—from which American law was to grow. Milsom discusses the differences between the development of land law and that of other kinds of law and, in the latter case, how procedural changes allowed substantive rules first to be stated and then to be circumvented. He examines the invisibility of early legal change and how adjustment to conditions was hidden behind such things as the changing meaning of words. Milsom points out that legal history may be more prone than other kinds of history to serious anachronism. Nobody ever states his assumptions, and a legal writer, addressing his contemporaries, never provided a glossary to warn future historians against attributing their own meanings to his words and therefore their own assumptions to his world. Formal continuity has enabled nineteenth-century assumptions to be carried back, in some respects as far back as the twelfth century. This book brings together Milsom's efforts to understand the uncomfortable changes that lie beneath that comforting formal surface. Those changes were too large to have been intended by anyone at the time and too slow to be perceived by historians working within the short periods now imposed by historical convention. The law was made not by great men making great decisions but by man-sized men unconcerned with the future and thinking only about their own immediate everyday difficulties. King Henry II, for example, did not intend the changes attributed to him in either land law or criminal law; the draftsman of De Donis did not mean to create the entail; nobody ever dreamed up a fiction with intent to change the law.

Natural Human Rights

This timely book by internationally regarded scholar of ethics and social/political philosophy Michael Boylan focuses on the history, application, and significance of human rights in the West and in China. Boylan engages the key current philosophical debates prevalent in human rights discourse today and draws them together to argue for the existence of natural, universal human rights. Arguing against the grain of mainstream philosophical beliefs, Boylan asserts that there is continuity between human rights and natural law and that human beings require basic, essential goods for minimum action. These include food, clean water and sanitation, clothing, shelter, and protection from bodily harm, including basic healthcare. The achievement of this goal, Boylan demonstrates, will require significant resource allocation and creative methods of implementation involving public and private institutions. Using the classroom-tested dynamic approach of combining technical argument with four fictional narratives about human rights, the book invites readers to engage with the most important aspects of the discipline.

Natural Law: An Introduction to Legal Philosophy

This is the classic study of the history and continuing philosophical values of the law of nature. D'Entreves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate confirmation hearings show that the law of nature still holds powerful appeal in defining judicial rules.In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entreves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians.Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entreves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entreves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study.—Mitchell Muncy, The University Bookman

Natural Law

One of the central problems in the history of moral and political philosophy since antiquity has been to explain how human society and its civil institutions came into being. In attempting to solve this problem philosophers developed the idea of natural law, which for many centuries was used to describe the system of fundamental, rational principles presumed universally to govern human behavior in society. By the eighteenth century the doctrine of natural law had engendered the related doctrine of natural rights, which gained reinforcement most famously in the American and French revolutions. According to this view, human society arose through the association of individuals who might have chosen to live alone in scattered isolation and who, in coming together, were regarded as entering into a social contract.In this important early essay, first published in English in this definitive translation in 1975 and now returned to print, Hegel utterly rejects the notion that society is purposely formed by voluntary association. Indeed, he goes further than this, asserting in effect that the laws brought about in various countries in response to force, accident, and deliberation are far more fundamental than any law of nature supposed to be valid always and everywhere. In expounding his view Hegel not only dispenses with the empiricist explanations of Hobbes, Hume, and others but also, at the heart of this work, offers an extended critique of the so-called formalist positions of Kant and Fichte.

Natural Law and Religious Freedom: The Role of Moral First Things in Grounding and Protecting the First Freedom

Every successive generation finds fresh reasons for the study of natural law. Current interest in the natural law may well be due to a pervasive moral pessimism in the Western cultural context and wider contemporary geopolitical challenges. Those geopolitical challenges result from two significant and worrisome global developments – unprecedented violent persecution of religious minorities on several continents and a growing climate of secular hostility toward religious faith in Western societies. Natural Law and Religious Freedom aims to address what is relatively absent from the literature by demonstrating the importance of natural law ethics in both establishing and preserving basic human rights, of which religious freedom has pride of place. Probing contemporary challenges to natural law thinking that are both internal and external to religious faith, and examining the character and constitution of natural law ethics, Natural Law and Religious Freedom will be of interest to theologians, ethicists and philosophers as well as policy analysts, politicians and activists who are concerned to anchor religious freedom and human rights policy considerations in an enduring way.

Natural Law and the Nature of Law

This book provides the first systematic, book-length defence of natural law ideas in ethics, politics and jurisprudence since John Finnis's influential Natural Law and Natural Rights. Incorporating insights from recent work in ethical, legal and social theory, it presents a robust and original account of the natural law tradition, challenging common perceptions of natural law as a set of timeless standards imposed on humans from above. Natural law, Jonathan Crowe argues, is objective and normative, but nonetheless historically extended, socially embodied and dependent on contingent facts about human nature. It reflects the ongoing human quest to work out how best to live flourishing lives, given the natures we have and the social environments we inhabit. The nature and purpose of law can only be adequately understood within this wider context of value. Timely, wide-ranging and clearly written, this volume will appeal to those working in law, philosophy and religious studies.

Natural Law and the Theory of Property: Grotius to Hume

In this book, Stephen Buckle provides a historical perspective on the political philosophies of Locke and Hume, arguing that there are continuities in the development of seventeenth- and eighteenth-century political theory which have often gone unrecognized. He begins with a detailed exposition of Grotius's and Pufendorf's modern natural law theory, focusing on their accounts of the nature of natural law, human sociability, the development of forms of property, and the question of slavery. He then shows that Locke's political theory takes up and develops these basic themes of natural law. Buckle argues further that, rather than being a departure from this tradition, the moral sense theory of Hutcheson and Hume represents an attempt--which is not entirely successful--to underpin the natural law theory with an adequate moral psychology.

A Natural Law Approach to Normativity

Exploring the relationship between natural law theory and the philosophy of law, Bebhinn Donnelly proposes a new approach to natural law theory - one which addresses some of the tradition's shortcomings and advances further its approach to Hume's dichotomy. Key features: ¢ Provides a clear definition of `nature' in this context ¢ Contrasts the work of Hume and Kant regarding the `is/ought' issue ¢ Examines the approach in traditional natural law ¢ Presents a full discussion of Finnis and the departure from traditional natural law ¢ Proposes a new, natural law approach to normativity, drawing on the strengths of traditional natural law theory ¢ Illustrates how natural law may provide a normative base for law A Natural Law Approach to Normativity presents an original perspective on natural law theory and will be of interest to academics in philosophy of law, moral/political philosophy, natural law theorists, and students of jurisprudence internationally.

The Natural Law Foundations of Modern Social Theory

After several decades in which it became a prime target for critique, universalism remains one of the most important issues in social and political thought. Daniel Chernilo reassesses the universalistic orientation of social theory and explains its origins in natural law theory, using an impressive array of classical and contemporary sources that include, among others, Jürgen Habermas, Karl Löwith, Leo Strauss, Weber, Marx, Hegel, Rousseau and Hobbes. 'The Natural Law Foundations of Modern Social Theory' challenges previous accounts of the rise of social theory, recovers a strong idea of humanity and revisits conventional arguments on sociology's relationship to modernity, the Enlightenment and natural law. It reconnects social theory to its scientific and philosophical roots, its descriptive and normative tasks and its historical and systematic planes. Chernilo's defence of universalism for contemporary social theory will surely engage students of sociology, political theory and moral philosophy alike.

Natural Law & Government: After the COVID-19 Revolution

Since the dawn of civilisation philosophers and sages alike have been concerned about the potential for government to become a Leviathan-like monster. In this book Professor Drew shows how a careful application of natural law principles can mitigate this threat of Leviathan and also contribute to the flourishing of people. To do so Natural Law and Government examines the trade-off between human dignity and the common good during the public policy response to COVID-19. Specifically, Professor Drew details his concerns regarding the emergence of concentrations of power and competence in government – changes that have sadly given rise to the repression of the vitality of citizens. This ground-breaking work explains the changes to thinking, institutions and public management that are necessary for people to reclaim their right to thrive as humans. In sum, this is a handbook for what needs to be done after the COVID-19 revolution.

Natural Law in Court

Natural-law theory grounds human laws in universal truths of God's creation. The task of the judicial system was to build an edifice of positive law on natural law's foundations. R. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice.

Natural Law in Jurisprudence and Politics

Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. In this 2006 book, Mark C. Murphy argues that the central thesis of natural law jurisprudence - that law is backed by decisive reasons for compliance - sets the agenda for natural law political philosophy, demonstrating how law gains its binding force by way of the common good of the political community. Murphy's work ranges over the central questions of natural law jurisprudence and political philosophy, including the formulation and defense of the natural law jurisprudential thesis, the nature of the common good, the connection between the promotion of the common good and requirement of obedience to law, and the justification of punishment.

Natural Law Theory (Elements in Ethics)

In Section 1, I outline the history of natural law theory, covering Plato, Aristotle, the Stoics and Aquinas. In Section 2, I explore two alternative traditions of natural law, and explain why these constitute rivals to the Aristotelian tradition. In Section 3, I go on to elaborate a via negativa along which natural law norms can be discovered. On this basis, I unpack what I call three 'experiments in being', each of which illustrates the cogency of this method. In Section 4, I investigate and rebut two seminal challenges to natural law methodology, namely, the fact/value distinction in metaethics and Darwinian evolutionary biology. In Section 5, I then outline and criticise the 'new' natural law theory, which is an attempt to revise natural law thought in light of the two challenges above. I conclude, in Section 6, with a summary and some reflections on the prospects for natural law theory.

Natural Monopolies in Digital Platform Markets (Global Competition Law and Economics Policy)

Competition policy debates on digital platform markets are often premised on the idea that market fragmentation and the standard forces of competition and entry may provide a potential solution to excessive concentration and market power. In this work, Francesco Ducci provides readers with a different perspective based on the theoretical lens of natural monopoly. Ducci explores this framework through the development of three case studies on horizontal search, e-commerce marketplaces, and ride-hailing platforms, investigating the strength and limit of potential (and often heterogeneous) sources of natural monopoly at play in each industry. Building on these case studies, the book then derives from the application of the natural monopoly framework general policy implications for digital industries by identifying the respective institutional flaws and shortcomings of ex ante and ex post approaches to market power as one of the central challenges in digital platform markets.

The Natural Moral Law

The Natural Moral Law argues that the good can be known and that therefore the moral law, which serves as a basis for human choice, can be understood. Proceeding historically through ancient, modern, and postmodern thinkers, Owen Anderson studies beliefs about the good and how it is known, and how such beliefs shape claims about the moral law. The focal challenge is whether the skepticism of postmodern thinkers can be answered in a way that preserves knowledge claims about the good. Considering the failures of modern thinkers to correctly articulate reason and the good and how postmodern thinkers are responding to these failures, Anderson argues that there are identifiable patterns of thinking about what is good, some of which lead to false dichotomies. The book concludes with a consideration of how a moral law might look if the good is correctly identified.

Natural Moralities: A Defense of Pluralistic Relativism

In this book, David B. Wong defends an ambitious and important new version of moral relativism. He does not espouse the type of relativism that says anything goes, but he does start with a relativist stance against alternative theories such that there need not be only one universal truth. Wong proposes that there can be a plurality of true moralities existing across different traditions and cultures, all with one core human question as to how we can all live together.