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"This is a descriptive account of the concept and practice of deference in the law, with the goal of providing a definition and analytical framework that can be applied to all of the many forms of deference that appear in any legal system. Deference is central to almost everything that happens in law but has not been the subject of systematic study, perhaps because it shows up in so many different forms and places. We hope to provide a definition and vocabulary for the study of deference that anyone, from any perspective, can use"--
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This text explores the theoretical and practical dimensions of deference in six common law jurisdictions to answer two key questions: what devices courts should use to exercise deference, and how to make deference more workable for judges and predictable for litigants.
Deference (Law) --- Human rights. --- Administrative procedure. --- Law. --- Jurisprudence & general issues.
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Respect --- #GROL:SEMI-248.145.2 --- Deference --- Esteem --- Conduct of life
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Reverence is an ancient virtue dating back thousands of years. It survives among us in half-forgotten patterns of behaviour and in the vestiges of old ceremonies. Yet, Paul Woodruff says, we have lost sight of reverence. This short, elegiac volume makes an impassioned case for the fundamental importance of the forgotten virtue of reverence, and how awe for things greater than oneself can - indeed must - be a touchstone for other virtues like respect, humility, and charity. Ranging widely over diverse cultural terrain - from Philip Larkin to ancient Greek poetry, from modern politics to Chinese philosophy - Woodruff shows how absolutely essential reverence is to a well-functioning society.
Honor. --- Respect. --- Deference --- Esteem --- Conduct of life --- Honour --- Chivalry --- Holy, The. --- Awe.
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We prize loyalty in our friends, lovers and colleagues, but loyalty raises difficult questions. What is the point of loyalty? Should we be loyal to country, just as we are loyal to friends and family? Can the requirements of loyalty conflict with the requirements of morality? In this book, originally published in 2007, Simon Keller explores the varieties of loyalty and their psychological and ethical differences, and concludes that loyalty is an essential but fallible part of human life. He argues that grown children can be obliged to be loyal to their parents, that good friendship can sometimes conflict with moral and epistemic standards, and that patriotism is intimately linked with certain dangers and delusions. He goes on to build an approach to the ethics of loyalty that differs from standard communitarian and universalist accounts. His book will interest a wide range of readers in ethics and political philosophy.
General ethics --- Loyalty --- Conduct of life --- Constancy --- Loyalty. --- Respect. --- Deference --- Esteem --- Arts and Humanities --- Philosophy
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Despite the increasing concern for the issue of respect for persons displayed over the last decades by political philosophers, human-right thinkers, social and ethical theorists, a comprehensive treatment of the problem at stake from a historical-philosophical perspective is conspicuously absent. The present collection of essays aims to contribute to the fulfillment of this gap by offering a reconstruction of the seminal passages in the history of philosophy which testify to the evolution of the idea of respect for persons and the rich array of conceptual specifications that such an idea acquires across the centuries.By analysis of pivotal texts of ancient and modern contemporary philosophy, the volume will try to offer an articulated account of respect which, starting from its primeval connection with the search for esteem and the pursuit of human excellence, gradually evolves towards the recognition of the political status of each citizen and culminates into a true politics of human rights.Bringing together the expertise of classicists and scholars specialized in modern and contemporary philosophy, the volume is especially intended for scholars working in the fields of the history of philosophy, ethical and political theory.
Respect for persons --- Respect for persons. --- Respect. --- History. --- dignity. --- recognition. --- self esteem. --- Deference --- Esteem --- Conduct of life --- Persons
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Ob es um den Kopftuchstreit geht oder um die Bedeutung von anständig bezahlter Arbeit, um die Pflichten gegenüber Armen oder um den Umgang mit Tieren und der Natur: 'Respekt' und 'Anerkennung' gehören zu den wichtigsten moralischen Begriffen unserer Zeit. In allen Fällen geht es grundlegend um die Frage, was Menschen einander und anderen Lebewesen moralisch schulden und warum. Allerdings ist in der philosophischen Diskussion vielfach unklar, was die Begriffe jeweils bedeuten und ob sie konzeptionell zusammenpassen. Es ist daher ein Anliegen dieses Buches, die Begriffe grundlegend zu klären, eine vermeintliche Konkurrenz aufzulösen und beide Prinzipien in eine Konzeption zu integrieren. Der erste Begriff 'Respekt' ist dabei als ein basales normatives Prinzip zu verstehen, welches sich auf fundamentale moralische Ansprüche richtet, das heißt im Fall von Menschen auf ihren Anspruch, in ihrer Würde, ihrer Autonomie, ihrer Freiheit und ihren grundlegenden Interessen geachtet zu werden. Allein dies reicht aber für ein würdevolles und gutes Leben nicht aus: Der zweite Begriff der 'Anerkennung' geht darüber hinaus und richtet sich auf konkrete Bedürfnisse und Leistungen. Berücksichtigt man dann noch die Wichtigkeit von verwandten moralischen Einstellungen wie Toleranz, Rücksicht und Mitgefühl, so entsteht ein anspruchsvolles multikriterielles Ethikmodell, welches adäquat auf die Herausforderungen unserer pluralen und multikulturellen Gesellschaften antwortet.
Respect. --- Recognition (Philosophy) --- Ethics, Modern. --- Social ethics. --- Ethics --- Social problems --- Sociology --- Modern ethics --- Philosophy --- Deference --- Esteem --- Conduct of life --- Moral and ethical aspects.
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"Introduction Deference and the International Adjudication of Private Property Disputes While working as a government lawyer in 2011, a letter came into our office advising that the Philip Morris tobacco company had decided to sue Australia under a bilateral investment treaty. The company contended that Australia's tobacco plain packaging requirements breached its intellectual property rights, entitling it to billions of dollars in compensation under international law. This news was not particularly shocking to the small team of which I was part, which had been assembled within the government's Office of International Law to respond to these types of claims. The news was shocking, though, to the wider Australian community. Over the ensuing months, the community's disbelief became better-articulated in the press: How can an international tribunal sit in judgment over a measure which the Australian Parliament had decided was in the public interest after extensive scientific enquiry and public consultation? Could an international tribunal really reverse the finding of Australia's highest court that the legislation was lawful?"--
Arbitration (International law) --- Judicial process. --- Deference (Law) --- Jurisdiction (International law) --- Judicial review --- Arbitrage international --- Processus judiciaire --- Juridiction (droit international) --- Contrôle juridictionnel des lois --- Contrôle juridictionnel des lois
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Do citizens have an obligation to obey the law? This book differs from standard approaches by shifting from the language of obedience (orders) to that of deference (normative judgments). The popular view that law claims authority but does not have it is here reversed on both counts: law does not claim authority but has it. Though the focus is on political obligation, the author approaches that issue indirectly by first developing a more general account of when deference is due to the view of others. Two standard practices that political theorists often consider in exploring the question of political obligation - fair-play and promise-keeping - can themselves be seen as examples of a duty of deference. In this respect the book defends a more general theory of ethics whose scope extends beyond the question of political obligation to questions of duty in the case of law, promises, fair play and friendship.
Deference (Law) --- Law and ethics. --- Rule of law. --- Law --- Supremacy of law --- Administrative law --- Constitutional law --- Ethics and law --- Law and morals --- Morals and law --- Interpretation and construction --- Philosophy --- Obedience (Law) --- Legal obligation --- Obligation, Legal --- Obligation to obey the law --- Arts and Humanities --- DROIT --- DROIT NATUREL --- ETHIQUE --- RESPECT --- DEFERENCE --- DROIT ET MORALE --- PHILOSOPHIE
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How can we agree to disagree in today's pluralistic society, one in which individuals and groups are becoming increasingly polarized by fierce convictions that are often at odds with the ideas of others? Civil Disagreement: Personal Integrity in a Pluralistic Society shows how we can cope with diversity and be appropriately open toward opponents even while staying true to our convictions. This accessible and useful guide discusses how our conversations and arguments can respect differences and maintain personal integrity and civility even while taking stances on disputed issues. The author exa
Pluralism. --- Respect. --- Integrity. --- Courtesy. --- Monadology --- Monism --- Philosophy --- Reality --- Deference --- Esteem --- Conduct of life --- Honesty --- Reliability --- Civility --- Courteous behavior --- Courteousness --- Discourteous behavior --- Discourteousness --- Graciousness --- Impoliteness --- Manners --- Polite behavior --- Politeness --- Rudeness --- Ungraciousness --- Etiquette
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