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Enforcing Morality
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Book Synopsis The Enforcement of Morals by : Patrick Devlin
Download or read book The Enforcement of Morals written by Patrick Devlin and published by Amagi Books. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are morals always relative? Are private actions--among consenting adults-- always beyond the law? Or are there some behaviors which so weaken a society that common beliefs about right and wrong must be enforced to protect the common good? In opposing the decriminalization of private acts of homosexuality in Britain, Patrick Devlin maintained that not only is it reasonable to allow popular morality to influence lawmaking, it is imperative: " . . . For a society is not something that is kept together physically; it is held by the invisible bonds of common thought." Today, as divisive issues such as same-sex marriage and "don't ask, don't tell" confront our legislative, judicial, and executive branches, the views expressed by Devlin in The Enforcement of Morals resonate and reverberate anew. Patrick Devlin (1905-1992) studied history and law at Cambridge University and became a successful lawyer.
Download or read book Enforcing Morality written by Steven Wall and published by Cambridge University Press. This book was released on 2023-11-30 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enforcing Morality is written for scholars and graduate students working in the fields of philosophy, law and political theory. It provides both a critical overview of debates on the enforcement of morality and a defense of a distinctive position on the topic.
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.
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 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 The Ethics of Social Punishment by : Linda Radzik
Download or read book The Ethics of Social Punishment written by Linda Radzik and published by Cambridge University Press. This book was released on 2020-11-12 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically evaluates the way ordinary people enforce morality in everyday life.
Book Synopsis Making Men Moral by : Robert P. George
Download or read book Making Men Moral written by Robert P. George and published by Clarendon Press. This book was released on 1993-08-19 with total page 669 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary liberal thinkers commonly suppose that there is something in principle unjust about the legal prohibition of putatively victimless immoralities. Against the prevailing liberal view, Robert P. George defends the proposition that `moral laws' can play a legitimate, if subsidiary, role in preserving the `moral ecology' of the cultural environment in which people make the morally significant choices by which they form their characters and influence, for good or ill, the moral lives of others. George shows that a defence of morals legislation is fully compatible with a `pluralistic perfectionist' political theory of civil liberties and public morality.
Download or read book Freedom's Law written by Ronald Dworkin and published by OUP Oxford. This book was released on 1999 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
Book Synopsis The Oxford Handbook of Behavioral Economics and the Law by : Eyal Zamir
Download or read book The Oxford Handbook of Behavioral Economics and the Law written by Eyal Zamir and published by Oxford Handbooks. This book was released on 2014 with total page 841 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Oxford Handbook of Behavioral Economics and Law' brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its twenty-nine chapters are organized into four parts.
Book Synopsis Great Debates in Jurisprudence by : Nicholas McBride
Download or read book Great Debates in Jurisprudence written by Nicholas McBride and published by Bloomsbury Publishing. This book was released on 2018-03-16 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook is an ambitious and engaging introduction to the more advanced writings on Jurisprudence, primarily designed to allow students to 'get under the skin' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. The aim of the book is therefore not to present a complete overview of theoretical issues in Jurisprudence, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading. A perfect book for students taking a module in jurisprudence, or for those wanting to deepen their knowledge. New to this Edition: - New debates on the nature and legitimacy of global justice, and the binding force of precedent. - Incorporates discussion of new contributions to jurisprudential writing by Mark Greenberg, Scott Hershowitz, David Howarth and Shona Stark, Matthew Kramer, Frederick Schauer, and Jeremy Waldron. - Includes substantially revised chapters on 'The nature of jurisprudence' and 'Morality and rights'
Book Synopsis Voluntary Euthanasia and the Common Law by : Margaret Otlowski
Download or read book Voluntary Euthanasia and the Common Law written by Margaret Otlowski and published by Oxford University Press. This book was released on 1997 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: CONTENTS.
Download or read book Ethics written by Sidney Edward Mezes and published by . This book was released on 1901 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
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.
Book Synopsis The Ethics of Legal Coercion by : J.D. Hodson
Download or read book The Ethics of Legal Coercion written by J.D. Hodson and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are all of the commonly accepted aims of the use of law justifiable? Which kinds of behavior are justifiably prohibited, which kinds justifiably required? What uses of law are not defensible? How can the legitimacy or the ille gitimacy of various uses of law be explained or accounted for? These are questions the answering of which involves one in many issues of moral principle, for the answers require that one adopt positions - even if only implicitly - on further questions of what kinds of actions or policies are morally or ethically acceptable. The present work, aimed at questions of these kinds, is thus a study in the ethical evaluation of major uses of legal coercion. It is an attempt to provide a framework within which many questions about the proper uses of law may be fruitfully discussed. The framework, if successful, can be used by anyone asking questions about the defensibility of particular or general uses of law, whether from the perspective of someone considering whether to bring about some new legal provision, from the perspective of someone concerned to evaluate an eXisting provision, or from that of someone concerned more abstractly with questions about the appropriate substance of an ideal legal system. In addressing these and associated issues, I shall be exploring the extent to which an ethics based on respect for persons and their autonomy can handle satisfactorily the problems arising here.
Book Synopsis Crime and Punishment by : Hyman Gross
Download or read book Crime and Punishment written by Hyman Gross and published by Oxford University Press. This book was released on 2012-01-12 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting an engaging critique of current criminal justice practice in the UK and USA, this book introduces central questions of criminal law theory. It develops a forceful argument that the prevailing justifications for punishment are misguided, and have resulted in the systematic infliction of unnecessary human misery.
Book Synopsis Moral Development: Reaching out by : Bill Puka
Download or read book Moral Development: Reaching out written by Bill Puka and published by Taylor & Francis. This book was released on 1994 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1994. Routledge is an imprint of Taylor & Francis, an informa company.
Book Synopsis Sexuality, Morals and Justice by : Nicholas Bamforth
Download or read book Sexuality, Morals and Justice written by Nicholas Bamforth and published by A&C Black. This book was released on 1997-10-23 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against the background of the law reform debates around sexuality in Britain and America, Bamforth examines what functions it is legitimate for the law to serve and how effective law can be in achieving social goals. He provides a new and cogent argument for protecting lesbian and gay rights through law, but is sceptical about how useful law can be in eradicating discriminatory social practices. This work sheds new light on the equal rights debate and raises issues of central importance to the role of law in society.
