Law and development : balancing principles and values
Author(s)
Bibliographic Information
Law and development : balancing principles and values
(Kobe University monograph series in social science research / series editor, Takashi Yanagawa)
Springer, c2019
Available at 3 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references and index
Description and Table of Contents
Description
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 overarching theoretical perspective. It also discusses case studies stemming from different branches of law.
Table of Contents
Introduction
Part I CONCEPTUALIZING DEVELOPMENT
1. Tomas Gabris, "Law and Development" in the Light of Philosophy of (Legal) History
2. Christine Menges le Pape, Populorum Progressio, Development and Law?
3. Flavio Felice, Luca Sandona, Luigi Sturzo's Socio-Economic Development Theory and the Case of Italy: No Prophet in His Homeland
Part II DEVELOPMENT AND FINANCE
4. George Garvey, International Financial Aid, Catholic Social Doctrine and Sustainable Integral Human Development
5. Zuzanna Selementova, Common But Differentiated Responsibilities for Developed and Developing States: A South African Perspective
6. Dai Tamada, Must Investment Contribute to the Economic Development of the Host State?: Scrutinizing Salini
Part III DEVELOPMENT AND SOCIETY
7. Franck Duhautoy, Water: The Common Heritage of Mankind?
8. Richard Peltz-Steele, Gaspar Kot, Private-Sector Transparency as Development Imperative: An African Inspiration
9. Adam Szafranski, Piotr Szwedo, Malgorzata Klein, Between Economic Development and Human Rights: Balancing E-Commerce and Adult Content Internet Filtering
Part IV APPLIED SUSTAINABLE DEVELOPMENT
10. Ermanno Calzolaio, A Comparative Law Approach to the Notion of Sustainable Development: An Example from Urban Planning Law
11. Jan Glazewski, Challenges Concerning 'Development': A Case-Study on Subsistence and Small-Scale Fisheries in South Africa
12. Wojciech Banczyk, Economic and Social Development in the Republic of South Africa's New Model of Mineral Rights: Balancing Private Ownership, Community Rights, and Sovereignty
13. Daniel Zatorski, Sustainable Development as a New Trade Usage in International Sale of Goods Contracts
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