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Law and Development: Balancing Principles and Values
Hardcover
Series: Kobe University Monograph Social Science Research
ISBN13: 9789811394225
Publisher: Springer Nature
Published: Oct 31 2019
Pages: 241
Weight: 1.19
Height: 0.63 Width: 6.14 Depth: 9.21
Language: English
This book examines the concept of 'development' from alternative perspectives and analyzes how different approaches influence law. 'Sustainable development' focuses on balancing economic progress, environmental protection, individual rights, and collective interests. It requires a holistic approach to human beings in their individual and social dimensions, which can be seen as a reference to 'integral human development' - a concept found in ethics. 'Development' can be considered as a value or a goal. But it also has a normative dimension influencing lawmaking and legal application; it is a rule of interpretation, which harmonizes the application of conflicting norms, and which is often based on the ethical and anthropological assumptions of the decision maker. This research examines how different approaches to 'development' and their impact on law can coexist in pluralistic and multicultural societies, and how to evaluate their legitimacy, analyzing the problem from an overarchingtheoretical perspective. It also discusses case studies stemming from different branches of law.
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