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Law And Morality
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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.
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 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 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:
Book Synopsis Law and Morality by : Leon Petrazycki
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 396 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.
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.
Download or read book Law and Morals written by Simon F. Lee and published by Oxford University Press, USA. This book was released on 1986 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relationship between law and morals, especially relating them to issues and events of current interest, and argues for broader participation in the debate, since it raises questions which touch the lives of us all.
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 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 634 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.
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 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 224 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 Practical Reason in Law and Morality by : Neil MacCormick
Download or read book Practical Reason in Law and Morality written by Neil MacCormick and published by OUP Oxford. This book was released on 2008-12-18 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of practical reason is central to contemporary thought on ethics and the philosophy of law - acting well means acting for good reasons. Explaining this requires several stages. How do reasons relate to actions at all, as incentives and in explanations? What are values, how do they relate to human nature, and how do they enter practical reasoning? How do the concepts of 'right and wrong' fit in, and in what way do they involve questions of mutual trust among human beings? How does our moral freedom - our freedom to form our own moral commitments - relate to our responsibilities to each other? How is this final question transposed into law and legal commitments? This book explores these questions, vital to understanding the nature of law and morality. It presents a clear account of practical reason, valuable to students of moral philosophy and jurisprudence at undergraduate or postgraduate levels. For more advanced scholars it also offers a reinterpretation of Kant's views on moral autonomy and Smith's on self-command, marrying Smith's 'moral sentiments' to Kant's 'categorical imperative' in a novel way. The book concludes and underpins the author's Law, State, and Practical Reason series. Taken together the books offer an overarching theory of the nature of law and legal reason, the role of the State, and the nature of moral reason and judgement.
Book Synopsis Law, Economics, and Morality by : Eyal Zamir
Download or read book Law, Economics, and Morality written by Eyal Zamir and published by Oxford University Press, USA. This book was released on 2010 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models.
Book Synopsis Reconciling Law and Morality in Human Rights Discourse by : Willy Moka-Mubelo
Download or read book Reconciling Law and Morality in Human Rights Discourse written by Willy Moka-Mubelo and published by Springer. This book was released on 2016-12-13 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book I argue for an approach that conceives human rights as both moral and legal rights. The merit of such an approach is its capacity to understand human rights more in terms of the kind of world free and reasonable beings would like to live in rather than simply in terms of what each individual is legally entitled to. While I acknowledge that every human being has the moral entitlement to be granted living conditions that are conducive to a dignified life, I maintain, at the same time, that the moral and legal aspects of human rights are complementary and should be given equal weight. The legal aspect compensates for the limitations of moral human rights the observance of which depends on the conscience of the individual, and the moral aspect tempers the mechanical and inhumane application of the law. Unlike the traditional or orthodox approach, which conceives human rights as rights that individuals have by virtue of their humanity, and the political or practical approach, which understands human rights as legal rights that are meant to limit the sovereignty of the state, the moral-legal approach reconciles law and morality in human rights discourse and underlines the importance of a legal framework that compensates for the deficiencies in the implementation of moral human rights. It not only challenges the exclusively negative approach to fundamental liberties but also emphasizes the necessity of an enforcement mechanism that helps those who are not morally motivated to refrain from violating the rights of others. Without the legal mechanism of enforcement, the understanding of human rights would be reduced to simply framing moral claims against injustices. From the moral-legal approach, the protection of human rights is understood as a common and shared responsibility. Such a responsibility goes beyond the boundaries of nation-states and requires the establishment of a cosmopolitan human rights regime based on the conviction that all human beings are members of a community of fate and that they share common values which transcend the limits of their individual states. In a cosmopolitan human rights regime, people are protected as persons and not as citizens of a particular state.
Book Synopsis A Shared Morality by : Craig A. Boyd
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 272 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.
Book Synopsis Justice before the Law by : Michael Huemer
Download or read book Justice before the Law written by Michael Huemer and published by Springer Nature. This book was released on 2021-09-06 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: America’s legal system harbors serious, widespread injustices. Many defendants are sent to prison for nonviolent offenses, including many victimless crimes. Convicts often serve draconian sentences in crowded prisons rife with abuse. Almost all defendants are convicted without trial because prosecutors threaten defendants with drastically higher sentences if they request a trial. Most Americans are terrified of encountering any kind of legal trouble, knowing that both civil and criminal courts are extremely slow, unreliable, and expensive to use. This book explores the largest injustices in the legal system and what can be done about them. Besides proposing institutional reforms, the author argues that prosecutors, judges, lawyers, and jury members ought to place justice before the law – for example, by refusing to enforce unjust laws or impose unjust sentences. Issues addressed include: · The philosophical basis for judgments about rights and justice · The problems of overcriminalization and mass incarceration · Abuse of power by police and prosecutors · The injustice of plea bargaining · The appropriateness of jury nullification · The authority of the law, or the lack thereof Justice Before the Law is essential reading for everyone interested in legal ethics, the rule of law, and criminal justice. It is also ideal for students of legal philosophy.
