Reason Morality And Law
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Author | : Neil MacCormick |
Publisher | : Oxford University Press, USA |
Total Pages | : 235 |
Release | : 2008-12-18 |
Genre | : Language Arts & Disciplines |
ISBN | : 0198268777 |
Incentives and reasons -- Values and human nature -- Right and wrong -- Questions of trust -- Autonomy and freedom -- Obedience, freedom, and engagement : or utility? -- Society, property, and commerce -- On justice -- Using freedom well -- Judging : legal cases and moral questions -- Practical reason, law, and state.
Author | : Kent Greenawalt |
Publisher | : Oxford University Press, USA |
Total Pages | : 396 |
Release | : 1989 |
Genre | : Law |
ISBN | : 0195058240 |
Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws.
Author | : Stephen Darwall |
Publisher | : Oxford University Press, USA |
Total Pages | : 228 |
Release | : 2013-03-21 |
Genre | : Law |
ISBN | : 0199662584 |
Stephen Darwall presents a series of essays that explore the view that morality is second-personal, entailing mutual accountability and the authority to address demands. He illustrates the power of the second-personal framework to illuminate a wide variety of issues in moral, political, and legal philosophy.
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 | : Lon Luvois Fuller |
Publisher | : |
Total Pages | : 0 |
Release | : 2004 |
Genre | : Law and ethics |
ISBN | : 9788175341630 |
Author | : John Keown |
Publisher | : |
Total Pages | : 628 |
Release | : 2013-03-21 |
Genre | : Law |
ISBN | : 0199675503 |
John Finnis is a pre-eminent legal, moral and political philosopher. This volume contains over 25 essays by leading international scholars of philosophy and law who critically engage with issues at the heart of Finnis's work.
Author | : Alan Gewirth |
Publisher | : University of Chicago Press |
Total Pages | : 406 |
Release | : 1978 |
Genre | : Philosophy |
ISBN | : 0226288765 |
"Most modern philosophers attempt to solve the problem of morality from within the epistemological assumptions that define the dominant cultural perspective of our age. Alan Gewirth's Reason and Morality is a major work in this ongoing enterprise. Gewirth develops, with patience and skill, what he calls a 'modified naturalism' in which morality is derived by logic alone from the concept of action. . . . I think that the publication of Reason and Morality is a major event in the history of moral philosophy. It develops with great power a new and exciting position in ethical naturalism. No one, regardless of philosophical stance, can read this work without an enlargement of mind. It illuminates morality and agency for all."—E. M. Adams, The Review of Metaphysics "This is a fascinating study of an apparently intractable problem. Gewirth has provided plenty of material for further discussion, and his theory deserves serious consideration. He is always aware of possible rejoinders and argues in a rigorous manner, showing a firm grasp of the current state of moral and political philosophy."—Mind
Author | : John Piderit |
Publisher | : Oxford University Press |
Total Pages | : 318 |
Release | : 2012-11-03 |
Genre | : Religion |
ISBN | : 0199793336 |
Informal customs have become the norm for most young adults in matters of sexual intimacy. Unfortunately, the sexual revolution has not proven to be as beneficial to women as was hoped, and society offers young men little preparation for future roles as husbands and fathers. In this book, Father Piderit argues that a natural law approach to morality provides a grounded pathway toward marriage, and shows why these fairly traditional practices help young people find a partner whom they can realistically promise to love until death do them part. Offering theory but focusing on practice, this book helps young adults understand why sexual intimacy should be reserved for marriage. The first two sections develop the natural law basis for behavior. Father Piderit points out that natural law relies primarily on reason, not religion, and his explanation provides a way to understand a Christian approach to morality as grounded in nature. The final third of the book explores what religious practice and membership in a Christian denomination adds to the natural law approach. Father Piderit uses clear, practical examples to show that positive goals are what motivate human beings. By breaking down the potentially abstract concept of morality into a set of intuitive practices guided by natural law, Father Piderit provides young people and students with the tools to create a positive courtship and, ultimately, a solid marriage based on strong, shared values and mutual respect.
Author | : Mark C. Murphy |
Publisher | : Oxford University Press |
Total Pages | : 204 |
Release | : 2011-11-17 |
Genre | : Law |
ISBN | : 0199693668 |
Does God's existence make a difference to how we explain morality? Mark C. Murphy critiques the two dominant theistic accounts of morality—natural law theory and divine command theory—and presents a novel third view. He argues that we can value natural facts about humans and their good, while keeping God at the centre of our moral explanations. The characteristic methodology of theistic ethics is to proceed by asking whether there are features of moral norms that can be adequately explained only if we hold that such norms have some sort of theistic foundation. But this methodology, fruitful as it has been, is one-sided. God and Moral Law proceeds not from the side of the moral norms, so to speak, but from the God side of things: what sort of explanatory relationship should we expect between God and moral norms given the existence of the God of orthodox theism? Mark C. Murphy asks whether the conception of God in orthodox theism as an absolutely perfect being militates in favour of a particular view of the explanation of morality by appeal to theistic facts. He puts this methodology to work and shows that, surprisingly, natural law theory and divine command theory fail to offer the sort of explanation of morality that we would expect given the existence of the God of orthodox theism. Drawing on the discussion of a structurally similar problem—that of the relationship between God and the laws of nature—Murphy articulates his new account of the relationship between God and morality, one in which facts about God and facts about nature cooperate in the explanation of moral law.
Author | : Raymond Wacks |
Publisher | : OUP Oxford |
Total Pages | : 169 |
Release | : 2014-02-27 |
Genre | : Law |
ISBN | : 0191510637 |
The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.