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Between Morality And The Law
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Book Synopsis Law: A Very Short Introduction by : Raymond Wacks
Download or read book Law: A Very Short Introduction written by Raymond Wacks and published by OUP Oxford. This book was released on 2008-03-27 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law touches every aspect of our daily lives, and yet the main concepts, terms, and processes of the legal system remain obscure to many. This Very Short Introduction provides a clear, jargon-free account of modern legal systems, explaining how the law works both in the Western tradition and around the world.
Book Synopsis Conflicts of Law and Morality by : Kent Greenawalt
Download or read book Conflicts of Law and Morality written by Kent Greenawalt and published by Oxford University Press, USA. This book was released on 1989 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Morality of Law by : Lon Luvois Fuller
Download or read book The Morality of Law written by Lon Luvois Fuller and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis God and Moral Law by : Mark C. Murphy
Download or read book God and Moral Law written by Mark C. Murphy and published by Oxford University Press. This book was released on 2011-11-17 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Morality and the Law by : Roslyn Muraskin
Download or read book Morality and the Law written by Roslyn Muraskin and published by Pearson. This book was released on 2001 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a work on the role of morality in the various components of the criminal justice system. Specifically the role of defense counsel and prosecutor, the role of the police, the court, corrections, probation and parole officers, and the victims of crimes themselves as well as related issues.
Book Synopsis Law and Morality by : David Dyzenhaus
Download or read book Law and Morality written by David Dyzenhaus and published by University of Toronto Press. This book was released on 2007-01-01 with total page 1095 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law. The volume begins with essays that explore general questions about morality and law, surveying the traditional literature on legal positivism and contemporary debates about the connection between law and morality. These essays explore the tensions between law as a protector of individual liberty and as a tool of democratic self-rule, and introduce debates about adjudication and the contribution of feminist approaches to the philosophy of law. New material on the Chinese Canadian head tax case is also featured. The second part of Law and Morality deals with philosophical questions as they apply to contemporary issues. Excerpts from judicial decisions as well as essays by practicing lawyers are included to provide theoretically informed legal analyses of the issues. Striking a balance between practical and more analytic, philosophical approaches, the volume's treatment of the philosophy of law as a branch of political philosophy enables students to understand law in its function as a social institution. Law and Morality has proved to be an essential text in both departments of philosophy and faculties of law and this latest edition brings the debates fully up to date, filling gaps in the previous editions and adding to the array of contemporary issues previously covered.
Book Synopsis The Rule of Rules by : Larry Alexander
Download or read book The Rule of Rules written by Larry Alexander and published by Duke University Press. This book was released on 2001-08-06 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Between Morality and the Law by : Italo Pardo
Download or read book Between Morality and the Law written by Italo Pardo and published by Routledge. This book was released on 2017-03-02 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores illegal forms of corruption and, more widely, moral and legal forms of corruption. The authors draw on detailed ethnographic accounts of corrupt practice at local, national and international levels. Coverage includes both Western and non-Western societies, from Italy to Latin America, to Albania, Africa and post-Soviet bureaucracy in Russia, Mongolia and Kazakhstan. There is also a chapter on corruption in the context of globalization. Key issues discussed include the problems caused by the inflated rhetoric of corruption and by the inadequacy of official definitions. The authors look at measures designed to bring corruption under some degree of control, discussing the level of legal intervention compatible with public expectations and with the dynamics of trust and responsibility. This fascinating book makes a significant contribution to our understanding of conflicting public and private moralities.
Book Synopsis An Introduction to Law by : Phil Harris
Download or read book An Introduction to Law written by Phil Harris and published by Cambridge University Press. This book was released on 2006-12-14 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the publication of its first edition, this textbook has become the definitive student introduction to the subject. As with earlier editions, the seventh edition gives a clear understanding of fundamental legal concepts and their importance within society. In addition, this book addresses the ways in which rules and the structures of law respond to and impact upon changes in economic and political life. The title has been extensively updated and explores recent high profile developments such as the Civil Partnership Act 2005 and the Racial and Religious Hatred Bill. This introductory text covers a wide range of topics in a clear, sensible fashion giving full context to each. For this reason An Introduction to Law is ideal for all students of law, be they undergraduate law students, those studying law as part of a mixed degree, or students on social sciences courses which offer law options.
Download or read book Hardcore Zen written by Brad Warner and published by Simon and Schuster. This book was released on 2015-12 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Zen, plain and simple, with no BS. This is not your typical Zen book. Brad Warner, a young punk who grew up to be a Zen master, spares no one. This bold new approach to the "Why?" of Zen Buddhism is as strongly grounded in the tradition of Zen as it is utterly revolutionary. Warner's voice is hilarious, and he calls on the wisdom of everyone from punk and pop culture icons to the Buddha himself to make sure his points come through loud and clear. As it prods readers to question everything, Hardcore Zen is both an approach and a departure, leaving behind the soft and lyrical for the gritty and stark perspective of a new generation. This new edition will feature an afterword from the author.
Book Synopsis Law and Morality by : Leon Petrażycki
Download or read book Law and Morality written by Leon Petrażycki and published by Transaction Publishers. This book was released on 2011 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: Petrazycki's socio-psychic orientation toward law is behavioral as well as thoughtful. He finds the most suitable methods for obtaining knowledge about legal experiences to be internal and external observation. His technique of introspection is similar to Max Weber's conceptual method. Petrazycki distinguishes between two kinds of interpretive understanding. External observation involves deriving the meaning of an act or symbolic expression from immediate observation without reference to any broader context, and internal observation involves placing the particular act in a broader context of meaning involving facts that cannot be derived from a particular act or expression. --
Book Synopsis Law, Liberty, and Morality by : H. L. A. Hart
Download or read book Law, Liberty, and Morality written by H. L. A. Hart and published by Stanford University Press. This book was released on 1963 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two great lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share.
Download or read book Guilty Pigs written by Katy Barnett and published by Black Inc.. This book was released on 2022-02-02 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: An illuminating and entertaining history of the law’s treatment of animals Trespassing bees, murderous zebras, reasonable cows ... Ever since Biblical times, animals have been clashing with human laws. What to do with animals that injure or kill people, in particular, has long troubled humans. In medieval Europe, ‘killer’ animals – horses, cattle and most often pigs, which were notorious for eating young children – were put on trial. Even in the early twentieth century, circus elephants who lashed out at their keepers in America were summarily executed for their crimes. In Guilty Pigs, animal law experts Katy Barnett and Jeremy Gans guide readers through the philosophy and practice of animal-related law, from the very earliest cases to the issues we are debating today, including the responsibilities of pet owners and the application of human rights to animals. They also cover hunting rights, using animals to solve crime, protecting animals from abuse and neglect, and the unique nature of owning a living being. Filled with lively and sometimes bizarre case studies, this is a fascinating and entertaining read – for all lovers of misbehaving creatures. Katy Barnett is a professor of law at the University of Melbourne. She is the author of the young adult novel The Earth Below and co-author of Remedies in Australian Private Law. Jeremy Gans is a professor of law at the University of Melbourne. He is the author of Modern Criminal Law of Australia and The Ouija Board Jurors: Mystery, Mischief and Misery in the Jury System, a true crime book. He is a co-author of Uniform Evidence.
Book Synopsis The Conflict Between Law and Morality by : Burak Özçelik
Download or read book The Conflict Between Law and Morality written by Burak Özçelik and published by GRIN Verlag. This book was released on 2016-07-07 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: Polemic Paper from the year 2016 in the subject Law - Philosophy, History and Sociology of Law, grade: 89.00, Bilkent University (English), course: Englis-102, language: English, abstract: It is obvious that law and morality both seek our piece of mind and justice. As a description in the Oxford Dictionary law is the system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties. Law establishes this with the enforcements and punishments if you step over the lines shaped by laws. Morality which is described in Oxford Dictionary as: morality is the differentiation of intentions, decisions, and actions between those that are distinguished as proper and those that are improper also has punishments for bad acts and rewards for good acts like guilt and denouncement for crimes and praise. These two phenomenons might seem very diverse but they have one obvious thing in common: they affect the way we live. The problem is that it is inevitable to say that there is a huge conflict between law and morality and this conflict shows itself on some specific examples. In today’s world some of the law experts may claim that law is absolute. Its importance is over all other regulators like morality. However the conflict between them proves that moral principles are still stronger than legal principles for some cases. Although today one can argue that as long as law permits certain social practices such as same-sex marriage, abortion and legislation of prostitution should not be considered as legally wrong, they are moral problems of modern world, which proves that moral principles are still stronger than legal principles.
Book Synopsis The Right to Do Wrong by : Mark Osiel
Download or read book The Right to Do Wrong written by Mark Osiel and published by Harvard University Press. This book was released on 2019-02-25 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Common morality—in the form of shame, outrage, and stigma—has always been society’s first line of defense against ethical transgressions. Social mores crucially complement the law, Mark Osiel shows, sparing us from oppressive formal regulation. Much of what we could do, we shouldn’t—and we don’t. We have a free-speech right to be offensive, but we know we will face outrage in response. We may declare bankruptcy, but not without stigma. Moral norms constantly demand more of us than the law requires, sustaining promises we can legally break and preventing disrespectful behavior the law allows. Mark Osiel takes up this curious interplay between lenient law and restrictive morality, showing that law permits much wrongdoing because we assume that rights are paired with informal but enforceable duties. People will exercise their rights responsibly or else face social shaming. For the most part, this system has worked. Social order persists despite ample opportunity for reprehensible conduct, testifying to the decisive constraints common morality imposes on the way we exercise our legal prerogatives. The Right to Do Wrong collects vivid case studies and social scientific research to explore how resistance to the exercise of rights picks up where law leaves off and shapes the legal system in turn. Building on recent evidence that declining social trust leads to increasing reliance on law, Osiel contends that as social changes produce stronger assertions of individual rights, it becomes more difficult to depend on informal tempering of our unfettered freedoms. Social norms can be indefensible, Osiel recognizes. But the alternative—more repressive law—is often far worse. This empirically informed study leaves little doubt that robust forms of common morality persist and are essential to the vitality of liberal societies.
Book Synopsis The Dynamics of Law and Morality by : Professor Wibren van der Burg
Download or read book The Dynamics of Law and Morality written by Professor Wibren van der Burg and published by Ashgate Publishing, Ltd.. This book was released on 2014-05-28 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the dynamic intertwinement of law and morality, with a focus on new and developing fields of law. Taking as its starting point the debates and mutual misunderstandings between proponents of different philosophical traditions, it argues that this theoretical pluralism is better explained once law is accepted as an essentially ambiguous concept. Continuing on, the book develops a robust theory of law that increases our grasp on global legal pluralism and the dynamics of law. This theory of legal interactionism, inspired by the work of Lon Fuller and Philip Selznick, also helps us to understand apparent anomalies of modern law, such as international law, the law of the European Convention on Human Rights and horizontal interactive legislation. In an ecumenical approach, legal interactionism does justice to the valuable core of truth in natural law and legal positivism. Shedding new light on familiar debates between authors such as Fuller, Hart and Dworkin, this book is of value to academics and students interested in legal theory, jurisprudence, legal sociology and moral philosophy.
Book Synopsis Law and Morality at War by : Adil Ahmad Haque
Download or read book Law and Morality at War written by Adil Ahmad Haque and published by Oxford University Press. This book was released on 2017 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does "collateral damage" to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. Finally, it explores when, if ever, the emotional pressures under which soldiers act should partially or wholly excuse their wrongful actions.
