Thinking About Law And Ethics
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Author | : Marc Jonathan Blitz |
Publisher | : Springer Nature |
Total Pages | : 317 |
Release | : 2021-12-06 |
Genre | : Psychology |
ISBN | : 3030844943 |
Freedom of thought is one of the great and venerable notions of Western thought, often celebrated in philosophical texts – and described as a crucial right in American, European, and International Law, and in that of other jurisdictions. What it means more precisely is, however, anything but clear; surprisingly little writing has been devoted to it. In the past, perhaps, there has been little need for such elaboration. As one Supreme Court Justice stressed, “[f]reedom to think is absolute of its own nature” because even “the most tyrannical government is powerless to control the inward workings of the mind.” But the rise of brain scanning, cognition enhancement, and other emerging technologies make this question a more pressing one. This volume provides an interdisciplinary exploration of how freedom of thought might function as an ethical principle and as a constitutional or human right. It draws on philosophy, legal analysis, history, and reflections on neuroscience and neurotechnology to explore what respect for freedom of thought (or an individual’s cognitive liberty or autonomy) requires.
Author | : William H. Simon |
Publisher | : Harvard University Press |
Total Pages | : 265 |
Release | : 2000 |
Genre | : Law |
ISBN | : 9780674002753 |
William Simon, a legal theorist with experience in practice, here argues that the profession's standard approach to questions of legal ethics is incoherent and implausible, insisting the critical weakness is the style of judgment.
Author | : Jonathan Dickens |
Publisher | : Routledge |
Total Pages | : 210 |
Release | : 2012-12-20 |
Genre | : Medical |
ISBN | : 1136211128 |
Law and ethics are two vital aspects of social work – all social workers need to practise according to the law and their codes of ethics and conduct. However, the relationship between the law and social work values and ethics is not without its tensions and this book takes a problem-based approach to explore the dilemmas and challenges that can arise. The first part of the book sets out frameworks for thinking about the law and ethics, and how they relate to social work. It also introduces some of the big philosophical and sociological questions about the purposes of law and of ethics and how they relate to society more generally. In the second part, the book explores a series of areas where profound dilemmas arise – such as end-of-life decisions, respecting peoples’ choices but ensuring their safety and that of others, responsibility and blame, making allowance for different cultural traditions and breaking confidentiality. In each of the problem-based chapters, this accessible text: outlines the relevant law discusses court judgments in leading cases considers the implications of different ethical frameworks pulls out key ethical questions and challenges for social work. Social Work, Law and Ethics highlights what the law says and what it offers, what ethical principles are at stake, and what these imply for social work policy and practice. In this way, it uses real-life scenarios to analyse the dynamic interactions of social work, law and ethics. It is essential reading for all social work students.
Author | : David Luban |
Publisher | : |
Total Pages | : 337 |
Release | : 2007 |
Genre | : Dignity |
ISBN | : 9780511354427 |
A wide-ranging collection of essays from a leading scholar of legal ethics.
Author | : Robert P. George |
Publisher | : |
Total Pages | : 304 |
Release | : 1998 |
Genre | : Law |
ISBN | : |
Collects ten essays on Germain Grisez's writings. Topics include the scriptural basis of Grisez's revision of moral theology, contraception, Grisez's metaphysical work, capital punishment, and the political common good in Aquinas. The book includes a response by Grisez and Joseph Boyle, Jr. to the e
Author | : F. ESPARRAGA |
Publisher | : |
Total Pages | : |
Release | : 2019 |
Genre | : |
ISBN | : 9780409348590 |
Author | : Oren Ben-Dor |
Publisher | : Bloomsbury Publishing |
Total Pages | : 430 |
Release | : 2007-10-04 |
Genre | : Law |
ISBN | : 1847313825 |
What calls for thinking about law? What does it mean to think about? What is aboutness? Could it be that law, in its essence, has not yet been thought about? In exploring these questions, this book closely reads Heidegger's thought, especially his later poetical writings. Heidegger's transformation of the very notion and process of thinking has destabilising implications for the formation of any theory of law, however critical this theory may be. The transformation of thinking also affects the notions of ethics and morality, and the manner in which law relates to them. Interpretations of Heidegger's unique understanding of notions such as 'essence', 'thinking', 'language', 'truth' and 'nearness' come together to indicate the otherness of the essence of law from what is referred to as the 'legal'. If the essence of law has not yet been thought about, what generates deafness to the call for such thinking, thereby entrenching a refuge for legalism? The ambit of the legal is traced to Levinasian ethics, especially to his notion of otherness, despite such a notion being apparently highly critical of the totality of the legal. In entrenching the legal, it is argued that Levinas's notion of otherness does not reflect thinking that is otherwise than ontology but rather radicalises and maintains a derivative ontology. A call for thinking about law is then connected to Heideggerian ontologically based otherness upon which ethical reflection, that the essence of law protects, is grounded.
Author | : John Henry Merryman |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 610 |
Release | : 2009-01-01 |
Genre | : Law |
ISBN | : 9041128751 |
The new edition of this insightful work begins with a critical reexamination of the rival Greek and British claims to the Elgin Marbles. That case study identifies the questions that continue to dominate the growing international debate about cultural property policy and which are subsequently explored in a newly expanded array of essays. The work goes on to pay particular attention to the law and policy relating to cultural property export controls and the evolution and development of the 1995 UNIDROIT Convention on the Return of Stolen and Illegally Exported Cultural Property. The second part of this highly regarded book addresses a number of contemporary art law issues in essays on counterfeit art, the moral rights of artists, the artist's resale right (droit de suite),the litigation over the Mark Rothko estate, and problems of museum trustee negligence, conflict of interests, and misuse of inside information.
Author | : John Murungi |
Publisher | : Routledge |
Total Pages | : 176 |
Release | : 2019-12-06 |
Genre | : Law |
ISBN | : 1000762548 |
This book is a philosophical inquiry into indigenous African legal ethics, asking what is African about African legal ethics? Taking us beyond a geographical understanding of Africa, the author argues for an African legal ethics that is distinct from non-African African legal ethics which are rooted in Euro-Western constructions. De-silencing African voices on African legal ethics this book decolonizes the prevailing wisdom on legal ethics and broadens our understanding of how law in Africa bears on ethics in Africa or, conversely, on how ethics bears on law in Africa. This book will be of interest to scholars of African philosophy, philosophy of law, and legal ethics.
Author | : Amy R. Codling |
Publisher | : Routledge |
Total Pages | : 253 |
Release | : 2018-01-31 |
Genre | : Law |
ISBN | : 1317298381 |
So you’ve arrived at university, you’ve read the course handbook and you’re ready to learn the law. But is knowing the law enough to get you the very best marks? And what do your lecturers mean when they say you need to develop critical and analytical skills? When is it right to put your own views forward? What are examiners looking for when they give feedback to say that your work is too descriptive? This book explores what it means to think critically and offers practical tips and advice for students to develop the process, skill and ability of thinking critically while studying law. The book investigates the big questions such as: What is law? and What is ‘thinking critically’? How can I use critical thinking to get better grades in assessments? What is the role of critical thinking in the work place? These questions and more are explored in Thinking Critically About Law. Whether you have limited prior experience of critical thinking or are looking to improve your performance in assessments, this book is the ideal tool to help you enhance your capacity to question, challenge, reflect and problematize what you learn about the law throughout your studies and beyond.