Conflicts of Law and Morality

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Publisher : Oxford University Press, USA
ISBN 13 : 0195058240
Total Pages : 396 pages
Book Rating : 4.1/5 (95 download)

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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.

Conflicts of Law and Morality

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Author :
Publisher : Oxford University Press
ISBN 13 : 0195363299
Total Pages : 396 pages
Book Rating : 4.1/5 (953 download)

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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. This book was released on 1989-05-04 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, a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash, views these oblique circumstances from two perspectives: that of the person who faces a possible conflict between the claims of morality and law and must choose whether or not to obey the penal code; and that of the people who make and uphold laws and must decide whether to treat someone with a moral claim to disobey differently from ordinary lawbreakers. 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. He also discusses techniques of amelioration of punishment for conscientious lawbreakers, asking how far legal systems should go to accommodate individuals who break the law for reason of conscience. Drawing from numerous examples of conflicts between law and morality, Greeawalt illustrates in detail the positions and predicaments of potential lawbreakers and lawmakers alike.

Law and Morality at War

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Publisher : Oxford University Press
ISBN 13 : 0199687390
Total Pages : 305 pages
Book Rating : 4.1/5 (996 download)

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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 --Flap of book cover.

The Conflict Between Law and Morality

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Publisher : GRIN Verlag
ISBN 13 : 3668255814
Total Pages : 8 pages
Book Rating : 4.6/5 (682 download)

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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 8 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.

The Morality of Conflict

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847310184
Total Pages : 624 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Morality of Conflict by : Samantha Besson

Download or read book The Morality of Conflict written by Samantha Besson and published by Bloomsbury Publishing. This book was released on 2005-11-25 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously. Even though the law should be regarded as the primary mode of settlement of our moral conflicts,it can, and should, also be the object and the forum of further moral conflicts. There is more to the rule of law than convergence and determinacy and it is important therefore to question the importance of agreement in law and politics. By addressing in detail issues pertaining to the nature and sources of disagreement, its extent and significance, as well as the procedural, institutional and substantive responses to disagreement in the law and their legitimacy, this book suggests the value of a comprehensive approach to thinking about conflict, which until recently has been analysed in a compartmentalized way. It aims to provide a fully-fledged political morality of conflict by drawing on the analysis of topical jurisprudential questions in the new light of disagreement. Developing such a global theory of disagreement in the law should be read in the context of the broader effort of reconstructing a complete account of democratic law-making in pluralistic societies. The book will be of value not only to legal philosophers and constitutional theorists, but also to political and democratic theorists, as well as to all those interested in public decision-making in conditions of conflict.

Law: A Very Short Introduction

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Publisher : OUP Oxford
ISBN 13 : 9780199214969
Total Pages : 192 pages
Book Rating : 4.2/5 (149 download)

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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.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Right to Do Wrong

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Publisher : Harvard University Press
ISBN 13 : 0674240200
Total Pages : 512 pages
Book Rating : 4.6/5 (742 download)

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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 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of what we could do, we shouldn’t—and we don’t. Mark Osiel shows that common morality—expressed as shame, outrage, and stigma—is society’s first line of defense against transgressions. Social norms can be indefensible, but when they complement the law, they can save us from an alternative that is far worse: a repressive legal regime.

The Law of Good People

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Publisher :
ISBN 13 : 1107137101
Total Pages : 257 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Law of Good People by : Yuval Feldman

Download or read book The Law of Good People written by Yuval Feldman and published by . This book was released on 2018-06-07 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Plato has famously argued ...

Moral Time

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Publisher : Oxford University Press
ISBN 13 : 9780199831609
Total Pages : 304 pages
Book Rating : 4.8/5 (316 download)

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Book Synopsis Moral Time by : Donald Black

Download or read book Moral Time written by Donald Black and published by Oxford University Press. This book was released on 2011-04-14 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflict is ubiquitous and inevitable, but people generally dislike it and try to prevent or avoid it as much as possible. So why do clashes of right and wrong occur? And why are some more serious than others? In Moral Time, sociologist Donald Black presents a new theory of conflict that provides answers to these and many other questions. The heart of the theory is a completely new concept of social time. Black claims that the root cause of conflict is the movement of social time, including relational, vertical, and cultural time--changes in intimacy, inequality, and diversity. The theory of moral time reveals the causes of conflict in all human relationships, from marital and other close relationships to those between strangers, ethnic groups, and entire societies. Moreover, the theory explains the origins and clash of right and wrong not only in modern societies but across the world and across history, from conflict concerning sexual behavior such as rape, adultery, and homosexuality, to bad manners and dislike in everyday life, theft and other crime, racism, anti-Semitism, anti-Americanism, witchcraft accusations, warfare, heresy, obscenity, creativity, and insanity. Black concludes by explaining the evolution of conflict and morality across human history, from the tribal to the modern age. He also provides surprising insights into the postmodern emergence of the right to happiness and the expanding rights of humans and non-humans across the world. Moral Time offers an incisive, powerful, and radically new understanding of human conflict--a fundamental and inescapable feature of social life.

The Moral Conflict of Law and Neuroscience

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Publisher : University of Chicago Press
ISBN 13 : 022651353X
Total Pages : 392 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis The Moral Conflict of Law and Neuroscience by : Peter A. Alces

Download or read book The Moral Conflict of Law and Neuroscience written by Peter A. Alces and published by University of Chicago Press. This book was released on 2018-01-18 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: "New insights offered by neuroscience have provoked discussions of the nature of human agency and responsibility. Alces draws on neuroscience to explore the internal contradictions of legal doctrines, and consider what would be involved in constructing novel legal regimes based on emerging understandings of human capacities and characteristics not only in criminal law but in contract and tort law."--Provided by publisher.

The Morality of Law

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Publisher : Yale University Press
ISBN 13 : 0300004729
Total Pages : 272 pages
Book Rating : 4.3/5 ( download)

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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 Yale University Press. This book was released on 1969 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Liberty, Justice, and Morals

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Publisher : Prentice Hall
ISBN 13 :
Total Pages : 490 pages
Book Rating : 4.3/5 (9 download)

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Book Synopsis Liberty, Justice, and Morals by : Burton M. Leiser

Download or read book Liberty, Justice, and Morals written by Burton M. Leiser and published by Prentice Hall. This book was released on 1986 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Custom, Law, and Morality

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Publisher :
ISBN 13 :
Total Pages : 212 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Custom, Law, and Morality by : Burton M. Leiser

Download or read book Custom, Law, and Morality written by Burton M. Leiser and published by . This book was released on 1969 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Battle for Yellowstone

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Publisher : Princeton University Press
ISBN 13 : 0691176302
Total Pages : 315 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis The Battle for Yellowstone by : Justin Farrell

Download or read book The Battle for Yellowstone written by Justin Farrell and published by Princeton University Press. This book was released on 2017-02-28 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Yellowstone holds a special place in America's heart. As the world's first national park, it is globally recognized as the crown jewel of modern environmental preservation. But the park and its surrounding regions have recently become a lightning rod for environmental conflict, plagued by intense and intractable political struggles among the federal government, National Park Service, environmentalists, industry, local residents, and elected officials. The Battle for Yellowstone asks why it is that, with the flood of expert scientific, economic, and legal efforts to resolve disagreements over Yellowstone, there is no improvement? Why do even seemingly minor issues erupt into impassioned disputes? What can Yellowstone teach us about the worsening environmental conflicts worldwide? Justin Farrell argues that the battle for Yellowstone has deep moral, cultural, and spiritual roots that until now have been obscured by the supposedly rational and technical nature of the conflict. Tracing in unprecedented detail the moral causes and consequences of large-scale social change in the American West, he describes how a "new-west" social order has emerged that has devalued traditional American beliefs about manifest destiny and rugged individualism, and how morality and spirituality have influenced the most polarizing and techno-centric conflicts in Yellowstone's history. This groundbreaking book shows how the unprecedented conflict over Yellowstone is not all about science, law, or economic interests, but more surprisingly, is about cultural upheaval and the construction of new moral and spiritual boundaries in the American West.

Contract Law and Social Morality

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Publisher : Cambridge University Press
ISBN 13 : 1107136768
Total Pages : 233 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Contract Law and Social Morality by : Peter M. Gerhart

Download or read book Contract Law and Social Morality written by Peter M. Gerhart and published by Cambridge University Press. This book was released on 2021-02-18 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise and readable guide to reasoning about the source and content of contractual obligations when disagreements arise.

Ethics of Armed Conflict

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Publisher : Edinburgh University Press
ISBN 13 : 0748645764
Total Pages : 256 pages
Book Rating : 4.7/5 (486 download)

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Book Synopsis Ethics of Armed Conflict by : John W. Lango

Download or read book Ethics of Armed Conflict written by John W. Lango and published by Edinburgh University Press. This book was released on 2014-01-29 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Just war theory exists to stop armies and countries from using armed force without good cause. But how can we judge whether a war is just? In this original book, John W. Lango takes some distinctive approaches to the ethics of armed conflict. DT A revisionist approach that involves generalising traditional just war principles, so that they are applicable by all sorts of responsible agents to all forms of armed conflict DT A cosmopolitan approach that features the Security Council DT A preventive approach that emphasises alternatives to armed force, including negotiation, nonviolent action and peacekeeping missions DT A human rights approach that encompasses not only armed humanitarian intervention but also armed invasion, armed revolution and all other forms of armed conflict Lango shows how these can be applied to all forms of armed conflict, however large or small: from interstate wars to UN peacekeeping missions, and from civil wars counter-insurgency and counter-terrorism operations.