The book takes a critical view of the Kantian and the Neo-Kantian moral philosophers' preference to universalism, unity of morality, moral impartiality, consensus and common morality. The central claim of the book is if we treat human condition as complex and infested with irreducible choices and alternatives, then moral rightness and wrongness ought to operate beyond these binaries; giving epistemic status to Pluralism's multiple rationalities. Redefining liberal-pluralism, the book also argues that moral reasoning is necessarily bound by paradoxes and contradictions, (...) seen in our choices of life-projects, in the conflict between individual morality and common morality, and in justifying what is morally reasonable in the interpersonal framework. Equivocation in moral argumentation cannot be valued without understanding the nature of the 'interpersonal' that ought to sufficiently argue for moral disagreement, irreducible pluralism and limits of morality. Liberal-pluralism, thus, signifies quasi-relational (partially admitting Gilbert Harman) nature of moral reasoning in the multi-agent framework. It also takes account of reciprocity, fairness, reasonableness, tolerance, open-ended morality and agreeing to disagree. However, this idea of liberal-pluralism no way undermines rationality and reason nor turns anti-theory; but only treats morality as guided by 'reason without unification' and 'pluralism without relativism'. (shrink)

Law's Ethical, Global and Theoretical Contexts examines William Twining's principal contributions to law and jurisprudence in the context of three issues which will receive significant scholarly attention over the coming decades. Part I explores human rights, including torture, the role of evidence in human rights cases, the emerging discourse on 'traditional values', the relevance of 'Southern voices' to human rights debates, and the relationship between human rights and peace agreements. Part II assesses the impact of globalization through the lenses of (...) sociology and comparative constitutionalism, and features an analysis of the development of pluralistic ideas of law in the context of privatization. Finally, Part III addresses issues of legal theory, including whether global legal pluralism needs a concept of law, the importance of context in legal interpretation, the effect of increasing digitalization on legal theory, and the utility of feminist and postmodern approaches to globalization and legal theory. (shrink)

A just international order and a healthy cosmopolitan discipline of law need to include perspectives that take account of the standpoints, interests, concerns and beliefs of non-Western people and traditions. The dominant scholarly and activist discourses about human rights have developed largely without reference to these other viewpoints. Claims about universality sit uneasily with ignorance of other traditions and parochial or ethnocentric tendencies. The object of the book is to make accessible the ideas of four jurists who present distinct 'Southern' (...) perspectives on human rights. (shrink)

In India, judicial review is not a static phenomenon. It has ensured that the Constitution is the supreme law of the land, and in situations when a law impinges on the rights and the liberties of citizens, it can be pruned or made void. This is a collection of scholarly essays demonstrating the different facets of judicial review based on the vast area of comparative constitutional law. Importantly, it honours the body of work of Upendra Baxi, legal scholar and (...) author, whose contributions have shaped our understanding of legal jurisprudence and expanded the scope of social transformation in India. This volume recognizes his role as an Indian jurist. Various constitutional law experts come together to reflect on his expositions on the role of the apex court, judicial activism, accountability of judiciary, laws on surrogacy and adultery and so on. (shrink)