Introduction -- Law & Development" in the Light of Philosophy of (Legal) History / Gábriš, Tomáš -- Populorum Progressio: Development and Law? / Pape, Christine Mengès-Le -- Luigi Sturzo's Socio-economic Development Theory and the Case of Italy: No Prophet in His Homeland / Felice, Flavio (et al.) -- International Financial Aid, Catholic Social Doctrine and Sustainable Integral Human Development / Garvey, George -- Common but Differentiated Responsibilities for Developed and Developing States: A South African Perspective / Selementová, Zuzana -- Must Investments Contribute to the Development of the Host State? The Salini Test Scrutinised / Tamada, Dai -- Water: The Common Heritage of Mankind? / Duhautoy, Franck -- Private-Sector Transparency as Development Imperative: An African Inspiration / Peltz-Steele, Richard (et al.) -- Between Economic Development and Human Rights: Balancing E-Commerce and Adult Content Filtering / Szafrański, Adam (et al.) -- A Comparative Law Approach to the Notion of Sustainable Development: An Example from Urban Planning Law / Calzolaio, Ermanno -- Challenges Concerning 'Development': A Case-Study on Subsistence and Small-Scale Fisheries in South Africa / Glazewski, Jan -- Economic and Social Development in the Republic of South Africa's New Model of Mineral Rights: Balancing Private Ownership, Community Rights, and Sovereignty / Bańczyk, Wojciech -- Sustainable Development as a New Trade Usage in International Sale of Goods Contracts / Zatorski, Daniel -- Correction to: Between Economic Development and Human Rights: Balancing E-Commerce and Adult Content Filtering / Szafrański, Adam (et al.)
Summary:
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.
Series:
Kobe University monograph series in social science research, 2524-504X
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.