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Conscience And Law
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Book Synopsis Christianity and the Laws of Conscience by : Jeffrey B. Hammond
Download or read book Christianity and the Laws of Conscience written by Jeffrey B. Hammond and published by Cambridge University Press. This book was released on 2021-06-24 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the Christian theological, legal, constitutional, historical, and philosophical meanings of conscience for both scholarly and educated general audiences.
Book Synopsis Cultivating Conscience by : Lynn Stout
Download or read book Cultivating Conscience written by Lynn Stout and published by Princeton University Press. This book was released on 2010-10-04 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the science of unselfish behavior can promote law, order, and prosperity Contemporary law and public policy often treat human beings as selfish creatures who respond only to punishments and rewards. Yet every day we behave unselfishly—few of us mug the elderly or steal the paper from our neighbor's yard, and many of us go out of our way to help strangers. We nevertheless overlook our own good behavior and fixate on the bad things people do and how we can stop them. In this pathbreaking book, acclaimed law and economics scholar Lynn Stout argues that this focus neglects the crucial role our better impulses could play in society. Rather than lean on the power of greed to shape laws and human behavior, Stout contends that we should rely on the force of conscience. Stout makes the compelling case that conscience is neither a rare nor quirky phenomenon, but a vital force woven into our daily lives. Drawing from social psychology, behavioral economics, and evolutionary biology, Stout demonstrates how social cues—instructions from authorities, ideas about others' selfishness and unselfishness, and beliefs about benefits to others—have a powerful role in triggering unselfish behavior. Stout illustrates how our legal system can use these social cues to craft better laws that encourage more unselfish, ethical behavior in many realms, including politics and business. Stout also shows how our current emphasis on self-interest and incentives may have contributed to the catastrophic political missteps and financial scandals of recent memory by encouraging corrupt and selfish actions, and undermining society's collective moral compass. This book proves that if we care about effective laws and civilized society, the powers of conscience are simply too important for us to ignore.
Book Synopsis Conscience and Conviction by : Kimberley Brownlee
Download or read book Conscience and Conviction written by Kimberley Brownlee and published by OUP Oxford. This book was released on 2012-10-18 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book shows that civil disobedience is generally more defensible than private conscientious objection. Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness (CPC). According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing. The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience. Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.
Book Synopsis The Conscience of a Lawyer by : David Mellinkoff
Download or read book The Conscience of a Lawyer written by David Mellinkoff and published by . This book was released on 1973 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: On trial practice, defense lawyers, and legal ethics, by discussing the murder of Lord William Russell in London, May 5, 1840, and a reconstruction of the trial of his valet, Benjamin François Courvoisier.
Book Synopsis Shocking the Conscience of Humanity by : Margaret M. deGuzman
Download or read book Shocking the Conscience of Humanity written by Margaret M. deGuzman and published by Oxford University Press, USA. This book was released on 2020-04-13 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most commonly cited justification for international criminal law is that it addresses crimes of such gravity that they "shock the conscience of humanity." From decisions about how to define crimes and when to exercise jurisdiction, to limitations on defences and sentencing determinations, gravity rhetoric permeates the discourse of international criminal law. Yet the concept of gravity has thus far remained highly undertheorized. This book uncovers the consequences for the regime's legitimacy of its heavy reliance on the poorly understood idea of gravity. Margaret M. deGuzman argues that gravity's ambiguity may at times enable a thin consensus to emerge around decisions, such as the creation of an institution or the definition of a crime, but that, increasingly, it undermines efforts to build a strong and resilient global justice community. The book suggests ways to reconceptualize gravity in line with global values and goals to better support the long-term legitimacy of international criminal law.
Download or read book Equity written by Irit Samet and published by . This book was released on 2018 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of equity is a unique junction where doctrinal private law, moral theory, and social perceptions of justice meet. By exploring the general principles that underlie equity's intervention in the common law, the book argues that equity should be preserved as a separate body of law which aims to align moral and legal duties in private law.
Author :Grzegorz Blicharz Publisher :Wydawnictwo Instytutu Wymiaru Sprawiedliwości ISBN 13 :8366344126 Total Pages :428 pages Book Rating :4.3/5 (663 download)
Book Synopsis Freedom of Conscience A Comparative Law Perspective by : Grzegorz Blicharz
Download or read book Freedom of Conscience A Comparative Law Perspective written by Grzegorz Blicharz and published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości. This book was released on 2019 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of Conscience. A Comparative Law Perspective addresses the timeliest of topics. Across the European continent as well as in the Anglophone world (including the United States), “freedom of conscience” is at the forefront of issues addressed by judges and legislators. It is also a perennial matter of great importance. Public authorities throughout the ages have struggled to understand, and properly to meld, the necessities of political order and the freedom of competent adults to author their own actions and to constitute themselves by making, and acting upon, their conscientious decisions about what moral truth requires of them. The urgency and gravity of the issues presented by “freedom of conscience” is also matched by their intrinsic complexity. For all these reasons, only a multi-disciplinary, full-orbed approach to these questions will do them justice. This volume rises to the occasion. The comparative perspective supplied by the editor’s recruitment of an international group of scholars, and also by his assignment to some of them the task of investigating additional countries, is utterly invaluable. The papers deftly blend what I might call “lawyer’s law” – that is, a careful presentation of the facts and holdings of courts or the precise details of a particular statutory scheme – with genuine philosophical depth. I should like to emphasize this virtue of the collection by observing that collections of this general sort tend to be either all sail or all anchor, either drowned in the minutiae of law without a care for the big picture, or all philosophy untethered to the reality of the positive law. Blicharz’s book has broken this mold. It promises to appeal to working lawyers, students, judges, and scholars. Gerard V. Bradley, Professor of Law, University of Notre Dame, USA This edited volume will be a useful resource to scholars in this area. It has a rich national variety, covering Poland (extensively), Italy, the United States, the United Kingdom, and three Scandinavian countries (Sweden, Norway, and Finland). Anyone interested in the state of the freedom of conscience in notable Western democracies will benefit from this work. Those particularly interested in Poland, a country not always focused on in the literature, will find this book of great value. And that is the hallmark of scholarship – a conversation in the search for truth. James C. Phillips, PhD, Stanford University’s Constitutional Law Center, USA
Author :Alexander Nikolaevich Shytov Publisher :Springer Science & Business Media ISBN 13 :9401597456 Total Pages :377 pages Book Rating :4.4/5 (15 download)
Book Synopsis Conscience and Love in Making Judicial Decisions by : Alexander Nikolaevich Shytov
Download or read book Conscience and Love in Making Judicial Decisions written by Alexander Nikolaevich Shytov and published by Springer Science & Business Media. This book was released on 2013-03-14 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: THE CONSCIENCE OF JUDGES AND APPLICA nON OF LEGAL RULES The book is devoted to the problem of the influence of moral judgements on the result of judicial decision-making in the process of application of the established (positive) law. It is the conscience of judges that takes the central place in the research. Conscience is understood in the meaning developed in the theory of Thomas Aquinas as the complex capacity of the human being to make moral judgements which represent acts of reason on the question of what is right or wrong in a particular situation. The reason why we need a theory of conscience in making judicial decisions lies in the nature of the positive law itself. On the one hand, there is an intrinsic conflict between the law as the body of rigid rules and the law as an living experience of those who are involved in social relationships. This conflict particularly finds its expression in the collision of strict justice and equity. The idea of equity does not reject the importance of rules in legal life. What is rejected is an idolatrous attitude to the rules when the uniqueness of a human being, his well being and happiness are disregarded and sacrificed in order to fulfil the observance of the rules. The rules themselves are neither good or bad. What makes them good or bad is their application.
Book Synopsis Law and Veganism by : Jeanette Rowley
Download or read book Law and Veganism written by Jeanette Rowley and published by Rowman & Littlefield. This book was released on 2021-11-02 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: In our complex, consumerist societies, the intricacy of personal interactions and the number of goods and products available often prevents us from direct knowledge of what lies ‘behind’ food behaviors, ingredients, and the origins of the modern food and agriculture supply chain. Over the last decade or so, scholars, lawyers and engaged lay vegans have had many discussions about vegan rights and discrimination as issues intrinsic to animal rights, but the final frontier remains intact: the direct concerns of other animals. To give effect to the rights of animals, we must recognize and defend the human right—or duty, as many uphold-- to care about them. Including contributors from Australia, the United States, Germany, Italy, France, Canada, Portugal, and the United Kingdom, this book explores the rights of vegans and how vegans can be protected from discrimination. Using an international socio-legal lens, the contributors discuss constitutional issues, vegan legal cases, the concept of protection for vegan ‘belief’ in human rights and equality law, the legal requirement to provide vegan food, animal agriculture and plant-based, vegan food in the context of the human right to food, and the rights of vegans in education and in health care. This book will be of interest to practicing lawyers, legal and critical legal scholars, scholars of vegan, and critical animal studies, and commentors on socio-political issues alike.
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 Constitutional Conscience by : H. Jefferson Powell
Download or read book Constitutional Conscience written by H. Jefferson Powell and published by University of Chicago Press. This book was released on 2008-09-15 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making. Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves.
Book Synopsis The Conscience Wars by : Michel Rosenfeld
Download or read book The Conscience Wars written by Michel Rosenfeld and published by . This book was released on 2018-07-05 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the multifaceted debate on the interconnection between conscientious objections, religious liberty, and the equality of women and sexual minorities.
Book Synopsis Integrity and Conscience by : Ian Shapiro
Download or read book Integrity and Conscience written by Ian Shapiro and published by NYU Press. This book was released on 1998-04-01 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can individuals believe that they are acting with integrity, yet in disobedience to the dictates of their conscience? Can they retain fidelity to their conscience while ignoring a sense of what integrity requires? Integrity and conscience are often thought to be closely related, perhaps even different aspects of a single impulse. This timely book supports a different and more complicated view. Acting with integrity and obeying one's conscience might be mutually reinforcing in some settings, but in others they can live in varying degrees of mutual tension. Bringing together prominent scholars of legal theory and political philosophy, the volume addresses both classic ruminations on integrity and conscience by Plato, Hume, and Kant as well as more contemporary examinations of professional ethics and the complex relations among politics, law and personal morality.
Book Synopsis Law and Conscience by : Stefania Tutino
Download or read book Law and Conscience written by Stefania Tutino and published by Ashgate Publishing, Ltd.. This book was released on 2007-01-01 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining Catholic elaboration on the relationship between state and Church in late Elizabethan and Jacobean England, this book casts light on the ways in which a distinctive religious minority was able to adapt itself within a singular political context.
Book Synopsis Conscience and the Common Good by : Robert K. Vischer
Download or read book Conscience and the Common Good written by Robert K. Vischer and published by Cambridge University Press. This book was released on 2010 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our society's longstanding commitment to the liberty of conscience has become strained by our increasingly muddled understanding of what conscience is and why we value it. Too often we equate conscience with individual autonomy, and so we reflexively favor the individual in any contest against group authority, losing sight of the fact that a vibrant liberty of conscience requires a vibrant marketplace of morally distinct groups. Defending individual autonomy is not the same as defending the liberty of conscience because, although conscience is inescapably personal, it is also inescapably relational. Conscience is formed, articulated, and lived out through relationships, and its viability depends on the law's willingness to protect the associations and venues through which individual consciences can flourish: these are the myriad institutions that make up the space between the person and the state. Conscience and the Common Good reframes the debate about conscience by bringing its relational dimension into focus.
Book Synopsis Conscience and Law Or ; Principles of Human Conduct by : William Humphrey
Download or read book Conscience and Law Or ; Principles of Human Conduct written by William Humphrey and published by . This book was released on 1903 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Written on the Heart by : J. Budziszewski
Download or read book Written on the Heart written by J. Budziszewski and published by InterVarsity Press. This book was released on 2009-09-20 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: J. Budziszewski presents and defends the natural-law tradition by expounding the work of leading architects of the theory, including Aristotle, Thomas Aquinas and John Locke.
