Pluralism and LawAREND 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. |
Contents
FORMAL JUSTICE AS A COMMON LANGUAGE | 1 |
RETRIBUTION IN THE TRANSITION TO DEMOCRACY | 19 |
HATE SPEECH AND THE LAW A CANADIAN PERSPECTIVE | 37 |
HUMAN RIGHTS AND THE PARTIAL ECLIPSE OF JUSTICE | 55 |
LETAT LES POUVOIRS ET LA LIBERTE | 71 |
PLURALISM SOCIAL CONFLICT AND TOLERANCE | 85 |
HUMANITARIAN INTERVENTION AND THE SELF IMAGE OF THE STATE | 107 |
THE BOUNDARIES OF DEMOCRATIC PLURALISM | 133 |
PLURALITY OF CULTURES AND NATURAL LAW | 223 |
CULTURAL PLURALISM AND THE IDEA OF HUMAN RIGHTS | 235 |
LEGAL REASONING AND SYSTEMATIZATION OF LAW | 251 |
A PERSPECTIVE ON COMPARATIVE LEGAL METHODOLOGY AND ITS BARRIERS | 279 |
A SEMIOTIC PERSPECTIVE ON THE COMPARISON OF ANALOGICAL REASONING IN SECULAR AND RELIGIOUS LEGAL SYSTEMS | 295 |
WHY IS LEGAL REASONING DEFEASIBLE? | 327 |
LEGAL LOGIC ITS EXISTENCE NATURE AND USE | 347 |
COLLECTIVE INTENTIONS LEGISLATIVE INTENTS AND SOCIAL CHOICE | 375 |
LAW RIGHTS AND DEMOCRACY AFTER TOTALITARIANISM | 155 |
A STRUGGLE APPROACH TO HUMAN RIGHTS | 171 |
ETHICS CODES THE REGULATORY NORMS OF A GLOBALIZED SOCIETY? | 191 |
THE AUTHORS | |
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