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Author : Burton M. Leiser
Publisher :
ISBN 13 :
Total Pages : 212 pages
Book Rating : 4.3/5 (91 download)
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:
Author : Roscoe Pound
Publisher :
ISBN 13 :
Total Pages : 188 pages
Book Rating : 4.3/5 (91 download)
Download or read book Law and Morals written by Roscoe Pound and published by . This book was released on 1924 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : David Dyzenhaus
Publisher : University of Toronto Press
ISBN 13 : 0802094899
Total Pages : 1095 pages
Book Rating : 4.8/5 (2 download)
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.
Author : Amanda Perreau-Saussine
Publisher : Cambridge University Press
ISBN 13 : 1139463217
Total Pages : 322 pages
Book Rating : 4.1/5 (394 download)
Download or read book The Nature of Customary Law written by Amanda Perreau-Saussine and published by Cambridge University Press. This book was released on 2007-05-17 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.
Author : James Bernard Murphy
Publisher :
ISBN 13 : 0199370621
Total Pages : 162 pages
Book Rating : 4.1/5 (993 download)
Download or read book The Philosophy of Customary Law written by James Bernard Murphy and published by . This book was released on 2014 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although many modern philosophers of law describe custom as merely a minor source of law, formal law is actually only one source of the legal customs that govern us. Many laws grow out of custom, and one measure of a law's success is by its creation of an enduring legal custom. Yet custom and customary law have long been neglected topics in unsettled jurisprudential debate. Smaller concerns, such as whether customs can be legitimized by practice or by stipulation, stipulated by an authority or by general consent, or dictated by law or vice versa, lead to broader questions of law and custom as alternative or mutually exclusive modes of social regulation, and whether rational reflection in general ought to replace sub-rational prejudice. Can legal rules function without customary usage, and does custom even matter in society? The Philosophy of Customary Law brings greater theoretical clarity to the often murky topic of custom by showing that custom must be analyzed into two more logically basic concepts: convention and habit. James Bernard Murphy explores the nature and significance of custom and customary law, and how conventions relate to habits in the four classic theories of Aristotle, Francisco Suarez, Jeremy Bentham, and James C. Carter. He establishes that customs are conventional habits and habitual conventions, and allows us to better grasp the many roles that custom plays in a legal system by offering a new foundation of understanding for these concepts.
Author : Geoffrey C. Hazard (Jr.)
Publisher :
ISBN 13 : 9781780681443
Total Pages : 0 pages
Book Rating : 4.6/5 (814 download)
Download or read book Moral Foundations of American Law written by Geoffrey C. Hazard (Jr.) and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is about relationships between law and morality as it developed in the United States. It is a tour for the general reader and perhaps of interest to professional scholars"--Page [1].
Author : Lon Luvois Fuller
Publisher :
ISBN 13 : 9788175341630
Total Pages : 0 pages
Book Rating : 4.3/5 (416 download)
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:
Author : Craig A. Boyd
Publisher : Baker Books
ISBN 13 : 1585585092
Total Pages : 261 pages
Book Rating : 4.5/5 (855 download)
Download or read book A Shared Morality written by Craig A. Boyd and published by Baker Books. This book was released on 2007-11-01 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Morality based on natural law has a long tradition, and has proven to be quite resilient in the face of numerous attacks and challenges over the years. Those challenges are no less serious today, which leads one to ask if natural law is still a viable foundation for ethics. Craig Boyd provides a contemporary defense of natural law theory against modern challenges from the arenas of science, religion, culture, and philosophy. In his analysis, he defends many of the classical elements of natural law, but also takes into account the contributions of scientific discoveries about human nature. He concludes that natural law is a necessary but not sufficient basis for ethics that must be accompanied by a theory of virtue.
Author : Alfonso Gomez-Lobo
Publisher : Georgetown University Press
ISBN 13 : 0878408851
Total Pages : 161 pages
Book Rating : 4.8/5 (784 download)
Download or read book Morality and the Human Goods written by Alfonso Gomez-Lobo and published by Georgetown University Press. This book was released on 2002 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise and accessible introduction to natural law ethics, this book introduces readers to the mainstream tradition of Western moral philosophy. Building on philosophers from Plato through Aquinas to John Finnis, Alfonso Gómez-Lobo links morality to the protection of basic human goods--life, family, friendship, work and play, the experience of beauty, knowledge, and integrity--elements essential to a flourishing, happy human life. Gómez-Lobo begins with a discussion of Plato's Crito as an introduction to the practice of moral philosophy, showing that it requires that its participants treat each other as equals and offer rational arguments to persuade each other. He then puts forth a general principle for practical rationality: one should pursue what is good and avoid what is bad. The human goods form the basis for moral norms that provide a standard by which actions can be evaluated: do they support or harm the human goods? He argues that moral norms should be understood as a system of rules whose rationale is the protection and enhancement of human goods. A moral norm that does not enjoin the preservation or enhancement of a specific good is unjustifiable. Shifting to a case study approach, Gómez-Lobo applies these principles to a discussion of abortion and euthanasia. The book ends with a brief treatment of rival positions, including utilitarianism and libertarianism, and of conscience as our ultimate moral guide. Written as an introductory text for students of ethics and natural law, Morality and the Human Goods makes arguments consistent with Catholic teaching but is not based on theological considerations. The work falls squarely within the field of philosophical ethics and will be of interest to readers of any background.
Author : Norman L. Geisler
Publisher : Wipf and Stock Publishers
ISBN 13 : 1725254336
Total Pages : 272 pages
Book Rating : 4.7/5 (252 download)
Download or read book Legislating Morality written by Norman L. Geisler and published by Wipf and Stock Publishers. This book was released on 2003-02-12 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: America's moral decline is not secret. An alarming number of moral and cultural problems have exploded in our country since 1960--a period when the standards of morality expressed in our laws and customs have been relaxed, abandoned, or judicially overruled. Conventional wisdom says laws cannot stem moral decline. Anyone who raises the prospect of legislation on the hot topics of our day - abortion, family issues, gay rights, euthanasia - encounters a host of objections: As long as I don't hurt anyone the government s should leave me alone." No one should force their morals on anyone else." You can't make people be good." Legislating morality violates the separation of church and state." 'Legislating Morality' answers those objections and advocates a moral base for America without sacrificing religious and cultural diversity. It debunks the myth that morality can't be legislated" and amply demonstrates how liberals, moderates, and conservatives alike exploit law to promote good and curtail evil. This book boldly challenges prevailing thinking about right and wrong and about our nation's moral future.
Author : Leon Petrazycki
Publisher : Routledge
ISBN 13 : 1351509616
Total Pages : 398 pages
Book Rating : 4.3/5 (515 download)
Download or read book Law and Morality written by Leon Petrazycki and published by Routledge. This book was released on 2017-07-05 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: In analyzing the socio-psychic nature and operations of intuitive legal rules, Petrazycki formulates a theory of law around five conceptual themes: anti-formalism, imperative-attributive legal relationships, law's functional control, law's subjective reality and morality. Petrazycki presents the two ways by which law coordinates and regulates social conduct as through its distributive and organizing functions. Law and Morality has a basic objective: to analyze interrelations between positive and intuitive law. 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. Petrazycki's socio-legal ideas remain relevant in today's society. His arguments concerning the global expansion of human love have an attraction for those working towards a better world. In the context of positive psychology and the growing happiness industry, Petrazycki's ideas will compel legal scholars to consider his arguments. Petrazycki's work stands out for the scientific ambitions and systematic nature of his thought as well as the influence of his work on later scholars in the sociology of law.
Author : Beatrix Himmelmann
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 311038633X
Total Pages : 280 pages
Book Rating : 4.1/5 (13 download)
Download or read book Why Be Moral? written by Beatrix Himmelmann and published by Walter de Gruyter GmbH & Co KG. This book was released on 2015-09-25 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: What reasons do we have to be moral, and are these reasons more compelling than the reasons we have to pursue non-moral projects? Ever since the Sophists first raised this question, it has been a focal point of debate. Why be Moral? is a collection of new essays on this fundamental philosophical problem, written by an international team of leading scholars in the field.
Author : Sharp Frank Chapman
Publisher : Wentworth Press
ISBN 13 : 9780526309245
Total Pages : 148 pages
Book Rating : 4.3/5 (92 download)
Download or read book A Study of the Influence of Custom on the Moral Judgment written by Sharp Frank Chapman and published by Wentworth Press. This book was released on 2019-02-28 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : Frank Chapman Sharp
Publisher :
ISBN 13 :
Total Pages : 144 pages
Book Rating : 4.:/5 (9 download)
Download or read book A Study of the Influence of Custom on the Moral Judgment written by Frank Chapman Sharp and published by . This book was released on 1908 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Leon Petrażycki
Publisher : Transaction Publishers
ISBN 13 : 1412814693
Total Pages : 398 pages
Book Rating : 4.4/5 (128 download)
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. --
Author : Wilhelm Wundt
Publisher : Cosimo, Inc.
ISBN 13 : 1596055030
Total Pages : 353 pages
Book Rating : 4.5/5 (96 download)
Download or read book Ethics written by Wilhelm Wundt and published by Cosimo, Inc.. This book was released on 2006-06-01 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sacrificial meal... has assumed the most varied forms, largely as a result of the secularisation of its ends. We have it, e.g., in the 'celebration' dinner held in joyful remembrance of important family occurrences, or of important public events. We have it, again, in a form peculiar to modern civilization, in the public banquet, where it serves as the material basis for the prosecution of municipal, political or professional interests. -from "The Individual Forms of Life: Food" One of the founding fathers of the modern-day disciplines of experimental and cognitive psychology, Wilhelm Wundt, in this extraordinary work, examines the concept of ethics as a cornerstone of metaphysics, as the basis for an understanding of the universe as a whole. Translated from the second German edition of 1892, here we see all aspects of human behavior and culture-from how we eat to how, and who, we worship-as an interconnected whole, including: . "good" and "bad" . the immoral elements of myth . the gods as moral ideals . the anthropomorphic nature-myth . moral laws as religious commands . the relation of custom to law and morality . polite manners and personal deportment . the family and the tribal union . the feeling of community in nation and state . the invention of tools . the idea of civilization . and much more. OF INTEREST TO: students of psychology, readers of comparative mythology AUTHOR BIO: German psychologist WILHELM MAXIMILIAN WUNDT (1832-1920) was professor of philosophy at the University of Leipzig. He wrote numerous articles and books in the field of psychology, including the foundational Principles of Physiological Psychology (1874).
Author : John Mason Lightwood
Publisher :
ISBN 13 :
Total Pages : 444 pages
Book Rating : 4.3/5 (91 download)
Download or read book The Nature of Positive Law written by John Mason Lightwood and published by . This book was released on 1883 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt:
