The Obligation Dilemma
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Author | : Ishtiyaque Haji |
Publisher | : |
Total Pages | : 321 |
Release | : 2019 |
Genre | : Philosophy |
ISBN | : 0190050853 |
There are no moral obligations: either it is determined in advance what we will do, or it is not. But any action not in our control cannot be obligatory for us. Hence, regardless of whether our actions are determined to occur, nothing is obligatory. This conclusion has important implications for conceptions of moral responsibility and free will.
Author | : Larry Alexander |
Publisher | : Duke University Press |
Total Pages | : 289 |
Release | : 2001-08-06 |
Genre | : Law |
ISBN | : 0822380021 |
Rules perform a moral function by restating moral principles in concrete terms, so as to reduce the uncertainty, error, and controversy that result when individuals follow their own unconstrained moral judgment. Although reason dictates that we must follow rules to avoid destructive error and controversy, rules—and hence laws—are imperfect, and reason also dictates that we ought not follow them when we believe they produce the wrong result in a particular case. In The Rule of Rules Larry Alexander and Emily Sherwin examine this dilemma. Once the importance of this moral and practical conflict is acknowledged, the authors argue, authoritative rules become the central problems of jurisprudence. The inevitable gap between rules and background morality cannot be bridged, they claim, although many contemporary jurisprudential schools of thought are misguided attempts to do so. Alexander and Sherwin work through this dilemma, which lies at the heart of such ongoing jurisprudential controversies as how judges should reason in deciding cases, what effect should be given to legal precedent, and what status, if any, should be accorded to “legal principles.” In the end, their rigorous discussion sheds light on such topics as the nature of interpretation, the ancient dispute among legal theorists over natural law versus positivism, the obligation to obey law, constitutionalism, and the relation between law and coercion. Those interested in jurisprudence, legal theory, and political philosophy will benefit from the edifying discussion in The Rule of Rules.
Author | : Przemysław Kaczmarek |
Publisher | : Wydawnictwo C.H.Beck |
Total Pages | : 355 |
Release | : 2018-10-12 |
Genre | : Education |
ISBN | : 8381580404 |
Judges and lawyers have to shape their moral competences in order to maintain their professional ethics at a high standard if they want to effectively meet the challenges that modern society will throw at them. This requirement is due to the growing expectation that they will be socially and morally responsible for the law. Thus, the need to place ethics at the heart of legal education, and to make ethical reflection pervasive in academic courses, becomes more obvious every day. Using the concept and examples of moral dilemmas is a way of facilitating this task. The main purpose of this book is to analyse the concept of moral dilemma in context of judicial and legal ethics, and to provide material for legal education. The structure of this book is designed with this double aim in mind. The theoretical part presents the concept of dilemmas on grounds of metaethics and the perspectives for its application in a professional legal context. The former encompasses situations of conflict of duties or obligations, in which the choice of one conduct necessarily prevents a different conduct, and therefore leads to an unacceptable outcome. Hence, the situation of dilemma always involves an issue of moral responsibility and the problem of “dirty hands”. How such situations are present in legal practice and how to deal with them is the main concern of this part. The considerations are divided into three levels of reflection – deontological, axiological, and moral responsibility. The practical part of the book contains an overview of 150 dilemmas that can be useful in legal ethics or other legal courses. The dilemmas are divided into chapters covering the following branches of law: criminal law, civil and commercial law, family and custody law, labour and social security law, and constitutional law. Every dilemma presents a description of the facts, a reconstruction of dilemma, its standard solution and some critical remarks from a meta-ethical perspective. The dilemmas cover situations regularly met in everyday practice, as well as examples of more exceptional challenges in connection with constitutional crises that have occurred in Poland in recent years.
Author | : Jeroen van den Hoven |
Publisher | : Cambridge University Press |
Total Pages | : 243 |
Release | : 2017-10-26 |
Genre | : Philosophy |
ISBN | : 0521119464 |
This book shows how an emphasis on design can help us usefully apply ethics to a world built on institutions and technology.
Author | : Walter Sinnott-Armstrong |
Publisher | : Wiley-Blackwell |
Total Pages | : 264 |
Release | : 1988-01-01 |
Genre | : Philosophy |
ISBN | : 9780631157083 |
Author | : Lionel Trilling |
Publisher | : Farrar, Straus and Giroux |
Total Pages | : 753 |
Release | : 2001-10-17 |
Genre | : Literary Criticism |
ISBN | : 1466832142 |
A landmark reissue of a great teacher's finest work Lionel Trilling was, during his lifetime, generally acknowledged to be one of the finest essayists in the English language, the heir of Hazlitt and the peer of Orwell. Since his death in 1974, his work has been discussed and hotly debated, yet today, when writers and critics claim to be "for" or "against" his interpretations, they can hardly be well acquainted with them, for his work has been largely out of print for years. With this re-publication of Trilling's finest essays, Leon Wieseltier offers readers of many new generations a rich overview of Trilling's achievement. The essays collected here include justly celebrated masterpieces--on Mansfield Park and on "Why We Read Jane Austen"; on Twain, Dos Passos, Hemingway, Isaac Babel; on Keats, Wordsworth, Eliot, Frost; on "Art and Neurosis"; and the famous Preface to Trilling's book The Liberal Imagination. This exhilarating work has much to teach readers who may have been encouraged to adopt simpler systems of meaning, or were taught to exchange the ideals of reason and individuality for those of enthusiasm and the false romance of group identity. Trilling's remarkable essays show a critic who was philosophically motivated and textually responsible, alive to history but not in thrall to it, exercised by art but not worshipful of it, consecrated to ideas but suspicious of theory.
Author | : C. Stephen Evans |
Publisher | : Oxford University Press |
Total Pages | : 210 |
Release | : 2013-02-28 |
Genre | : Philosophy |
ISBN | : 0199696683 |
C. Stephen Evans defends the claim that moral obligations are best understood as divine commands or requirements; hence an important part of morality depends on God. God's requirements are communicated in a variety of ways, including conscience, and that natural law ethics and virtue ethics provide complementary perspectives to this view.
Author | : Lisa Tessman |
Publisher | : Oxford University Press, USA |
Total Pages | : 297 |
Release | : 2015 |
Genre | : Philosophy |
ISBN | : 0199396140 |
Moral Failure: On the Impossible Demands of Morality asks what happens when the sense that "I must" collides with the realization that "I can't." Bringing together philosophical and empirical work in moral psychology, Lisa Tessman here examines moral requirements that are non-negotiable and that contravene the principle that "ought implies can." In some cases, it is because two non-negotiable requirements conflict that one of them becomes impossible to satisfy, and yet remains binding. In other cases, performing a particular action may be non-negotiably required -- even if it is impossible -- because not performing the action is unthinkable. After offering both conceptual and empirical explanations of the experience of impossible moral requirements and the ensuing failures to fulfill them, Tessman considers what to make of such experience, and in particular, what role such experience has in the construction of value and of moral authority. According to the constructivist account that the book proposes, some moral requirements can be authoritative even when they are impossible to fulfill. Tessman points out a tendency to not acknowledge the difficulties that impossible moral requirements and unavoidable moral failures create in moral life, and traces this tendency through several different literatures, from scholarship on Holocaust testimony to discussions of ideal and nonideal theory, from theories of supererogation to debates about moral demandingness and to feminist care ethics.
Author | : P. S. Greenspan |
Publisher | : Oxford University Press |
Total Pages | : 259 |
Release | : 1995-01-12 |
Genre | : Philosophy |
ISBN | : 0195344707 |
P.S. Greenspan uses the treatment of moral dilemmas as the basis for an alternative view of the structure of ethics and its relation to human psychology. Greenspan argues that dilemmas may be regarded as possible consequences of a set of social rules designed to be simple enough to be teachable. Where these rules prohibit action either way, the problematic motivational force of dilemmas can be explained by reference to the role of emotion as a substitute for action. Guilt is seen as a natural but contested candidate for the sort of emotional sanction for wrongdoing that might supply motivational force in dilemmas. It functions as a way of preserving virtue against moral luck. Greenspan defends guilt in the face of dilemmas on the basis of a "nonjudgmentalist" account of emotions that accepts guilt as appropriate even in some cases of unavoidable wrongdoing. In its treatment of the role of emotion in ethics the argument of the book outlines a new way of packing motivational force into moral meaning that allows for a socially based version of moral realism. Since, on the proposed account, emotions underpin the teaching of moral language, human emotional capacities impose constraints on the nature of a viable moral code and thus affect the content of morality.
Author | : American Nurses Association |
Publisher | : Nursesbooks.org |
Total Pages | : 42 |
Release | : 2001 |
Genre | : Business & Economics |
ISBN | : 1558101764 |
Pamphlet is a succinct statement of the ethical obligations and duties of individuals who enter the nursing profession, the profession's nonnegotiable ethical standard, and an expression of nursing's own understanding of its commitment to society. Provides a framework for nurses to use in ethical analysis and decision-making.