Meta-ethics, Moral Objectivity and Law

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

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Book Synopsis Meta-ethics, Moral Objectivity and Law by : Veronica Rodriguez-Blanco

Download or read book Meta-ethics, Moral Objectivity and Law written by Veronica Rodriguez-Blanco and published by Brill Mentis. This book was released on 2004 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book shows the relevance of meta-ethical and metaphysical considerations to determine the nature of law and the connection between objective moral and legal judgements. The investigation analyses the legal theories of Ronald Dworkin, Jürgen Habermas and Michael Moore. The conclusion of the scrutiny is that the discussed views fail to explain the plausible links between objective moral and legal judgements. The lesson to learn from the failure of these philosophical perspectives is that we need to revise fundamental meta-ethical conceptions within law. In addition to the view that meta-ethical and metaphysical considerations play a central role in our understanding of objective moral and legal judgements, we enforce the idea that it is necessary to revise our meta-ethical and metaphysical premises in jurisprudence. Epistemic and meta-ethical abstinence in legal theory, in this way, is challenged by a number of criticisms. The outcome of our reflection is that in legal theory, as in many other disciplines, we need to take truth and objectivity seriously.

Objectivity in Law and Morals

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Publisher : Cambridge University Press
ISBN 13 : 0521554306
Total Pages : 368 pages
Book Rating : 4.5/5 (215 download)

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Book Synopsis Objectivity in Law and Morals by : Brian Leiter

Download or read book Objectivity in Law and Morals written by Brian Leiter and published by Cambridge University Press. This book was released on 2001 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The seven original essays included in this volume from 2000, written by some of the world's most distinguished moral and legal philosophers, offer a sophisticated perspective on issues about the objectivity of legal interpretation and judicial decision-making. They examine objectivity from both metaphysical and epistemological perspectives and develop a variety of approaches, constructive and critical, to the fundamental problems of objectivity in morality. One of the key issues explored is that of the alleged 'domain-specificity' of conceptions of objectivity, i.e. whether there is a conception of objectivity appropriate for ethics that is different in kind from the conception of objectivity appropriate for other areas of study. This volume considers the intersection between objectivity in ethics and objectivity in law. It presents a survey of live issues in metaethics, and examines their relevance to theorizing about law and adjudication.

Objectivity in Ethics and Law

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Author :
Publisher : Ashgate Publishing
ISBN 13 :
Total Pages : 440 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Objectivity in Ethics and Law by : Michael S. Moore

Download or read book Objectivity in Ethics and Law written by Michael S. Moore and published by Ashgate Publishing. This book was released on 2004 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume collects six of Michael Moore's influential studies on moral and legal objectivity. Presented in an accessible format, the essays are brought together by a thought-provoking introduction. Contents: Introduction ETHICS Moral reality Moral reality revisited Good without God LAW Law as justice The plain truth about legal truth Legal reality: a naturalist approach to legal ontology NAME INDEX.

Companions in Guilt Arguments in Metaethics

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Publisher : Routledge
ISBN 13 : 042984641X
Total Pages : 224 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Companions in Guilt Arguments in Metaethics by : Christopher Cowie

Download or read book Companions in Guilt Arguments in Metaethics written by Christopher Cowie and published by Routledge. This book was released on 2019-09-24 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparisons between morality and other ‘companion’ disciplines – such as mathematics, religion, or aesthetics – are commonly used in philosophy, often in the context of arguing for the objectivity of morality. This is known as the ‘companions in guilt’ strategy. It has been the subject of much debate in contemporary ethics and metaethics. This volume, the first full length examination of companions in guilt arguments, comprises an introduction by the editors and a dozen new chapters by leading authors in the field. They examine the methodology of companions in guilt arguments and their use in responding to the moral error theory, as well as specific arguments that take mathematics, epistemic norms, or aesthetics as a ‘companion’, and the use of the companions in guilt strategy to vindicate claims to moral knowledge. Companions in Guilt Arguments in Metaethics is essential reading for advanced students and researchers working in moral theory and metaethics, as well as those in epistemology and philosophy of mathematics concerned with the intersection of these subjects with ethics.

Dimensions of Normativity

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Publisher : Oxford University Press
ISBN 13 : 0190640421
Total Pages : 384 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Dimensions of Normativity by : David Plunkett

Download or read book Dimensions of Normativity written by David Plunkett and published by Oxford University Press. This book was released on 2019-01-11 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understood one way, the branch of contemporary philosophical ethics that goes by the label "metaethics" concerns certain second-order questions about ethics-questions not in ethics, but rather ones about our thought and talk about ethics, and how the ethical facts (insofar as there are any) fit into reality. Analogously, the branch of contemporary philosophy of law that is often called "general jurisprudence" deals with certain second order questions about law- questions not in the law, but rather ones about our thought and talk about the law, and how legal facts (insofar as there are any) fit into reality. Put more roughly (and using an alternative spatial metaphor), metaethics concerns a range of foundational questions about ethics, whereas general jurisprudence concerns analogous questions about law. As these characterizations suggest, the two sub-disciplines have much in common, and could be thought to run parallel to each other. Yet, the connections between the two are currently mostly ignored by philosophers, or at least under-scrutinized. The new essays collected in this book are aimed at changing this state of affairs. Dimensions of Normativity collects together works by metaethicists and legal philosophers that address a number of issues that are of common interest, with the goal of accomplishing a new rapprochement between the two sub-disciplines.

Whatever Happened to Good and Evil?

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 9780195168730
Total Pages : 150 pages
Book Rating : 4.1/5 (687 download)

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Book Synopsis Whatever Happened to Good and Evil? by : Russ Shafer-Landau

Download or read book Whatever Happened to Good and Evil? written by Russ Shafer-Landau and published by Oxford University Press, USA. This book was released on 2004 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a brief introduction to ethics, with a point of view. The book addresses "meta-ethical" questions that go beyond what most introductory ethics books address, which are "normative" theories (egoism, utilitarianism, etc.) and "applied" ethics (abortion, capital punishment, etc.).

Moral Realism as a Moral Doctrine

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Author :
Publisher : John Wiley & Sons
ISBN 13 : 9781444310634
Total Pages : 400 pages
Book Rating : 4.3/5 (16 download)

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Book Synopsis Moral Realism as a Moral Doctrine by : Matthew H. Kramer

Download or read book Moral Realism as a Moral Doctrine written by Matthew H. Kramer and published by John Wiley & Sons. This book was released on 2009-03-30 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this major new work, Matthew Kramer seeks to establish two mainconclusions. On the one hand, moral requirements are stronglyobjective. On the other hand, the objectivity of ethics is itselfan ethical matter that rests primarily on ethical considerations.Moral realism - the doctrine that morality is indeed objective - isa moral doctrine. Major new volume in our new series New Directions inEthics Takes on the big picture - defending the objectivity of ethicswhilst rejecting the grounds of much of the existing debate betweenrealists and anti-realists Cuts across both ethical theory and metaethics Distinguished by the quality of the scholarship and itsambitious range

What is this Thing Called Metaethics?

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1315438321
Total Pages : 177 pages
Book Rating : 4.3/5 (154 download)

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Book Synopsis What is this Thing Called Metaethics? by : Matthew Chrisman

Download or read book What is this Thing Called Metaethics? written by Matthew Chrisman and published by Taylor & Francis. This book was released on 2016-11-10 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are moral standards relative? Are there moral facts? What is goodness? If there moral facts are how do we learn about them? These are all questions about metaethics, the branch of ethics that studies ethical properties, statements, attitudes and judgements. To the uninitiated it can appear abstract and far removed from its two more brash cousins, ethical theory and applied ethics, yet it is one of the fastest-growing and most exciting areas of ethics. What is this thing called Metaethics? demystifies this important subject and is ideal for students coming to it for the first time. Beginning with a brief historical overview of metaethics Matthew Chrisman introduces and assesses the following key topics: moral reality: including questions about naturalism and non-naturalism, moral facts, and the distinction between realism and antirealism; moral language: does language represent reality? What mental states are expressed by moral statements? moral psychology: Hume's theory of motivation and the connection between moral judgement and motivation; moral knowledge: including moral disagreement, the distinction between internalist and externalist theories of knowledge, and theories of objectivity and relativism in metaethics; nonnaturalism; expressivism; error-theory; naturalism; contemporary theories and arguments in metaethics, including Derek Parfit, Simon Blackburn, John McDowell, Christine Korsgaard and Alan Gibbard; new directions in metaethics, such as 'metaepistemology' and 'metanormative theory'.

The Oxford Handbook of Ethical Theory

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Publisher : OUP USA
ISBN 13 : 0195147790
Total Pages : 680 pages
Book Rating : 4.1/5 (951 download)

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Book Synopsis The Oxford Handbook of Ethical Theory by : Professor of Philosophy David Copp

Download or read book The Oxford Handbook of Ethical Theory written by Professor of Philosophy David Copp and published by OUP USA. This book was released on 2006-01-26 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook is a comprehensive reference work in ethical theory consisting of commissioned articles by leading scholars. The first part treats meta-ethics and the second part normative ethical theory. As with all the Oxford Handbooks, the collection is designed to achieve three goals: exposition of central ideas, criticism of other approaches, and defenses of distinct points of view.

How Hume and Kant Reconstruct Natural Law

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Publisher : Oxford University Press
ISBN 13 : 0191064114
Total Pages : 208 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis How Hume and Kant Reconstruct Natural Law by : Kenneth R. Westphal

Download or read book How Hume and Kant Reconstruct Natural Law written by Kenneth R. Westphal and published by Oxford University Press. This book was released on 2016-04-08 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kenneth R. Westphal presents an original interpretation of Hume's and Kant's moral philosophies, the differences between which are prominent in current philosophical accounts. Westphal argues that focussing on these differences, however, occludes a decisive, shared achievement: a distinctive constructivist method to identify basic moral principles and to justify their strict objectivity, without invoking moral realism nor moral anti-realism or irrealism. Their constructivism is based on Hume's key insight that 'though the laws of justice are artificial, they are not arbitrary'. Arbitrariness in basic moral principles is avoided by starting with fundamental problems of social coördination which concern outward behaviour and physiological needs; basic principles of justice are artificial because solving those problems does not require appeal to moral realism (nor to moral anti-realism). Instead, moral cognitivism is preserved by identifying sufficient justifying reasons, which can be addressed to all parties, for the minimum sufficient legitimate principles and institutions required to provide and protect basic forms of social coördination (including verbal behaviour). Hume first develops this kind of constructivism for basic property rights and for government. Kant greatly refines Hume's construction of justice within his 'metaphysical principles of justice', whilst preserving the core model of Hume's innovative constructivism. Hume's and Kant's constructivism avoids the conventionalist and relativist tendencies latent if not explicit in contemporary forms of moral constructivism.

Law: Metaphysics, Meaning, and Objectivity

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Author :
Publisher : BRILL
ISBN 13 : 9401205655
Total Pages : 315 pages
Book Rating : 4.4/5 (12 download)

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Book Synopsis Law: Metaphysics, Meaning, and Objectivity by :

Download or read book Law: Metaphysics, Meaning, and Objectivity written by and published by BRILL. This book was released on 2007-01-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers in philosophy of law by some of the younger cutting-edge contributors to the field. Two sets of issues of crucial current importance are taken up. The first part deals with issues of meaning and objectivity in the metaphysics of law. The second part is about rights theory. This volume will be required reading for anyone interested in philosophy of law, and also of use for those with broader interests in ethics, metaethics, and social and political philosophy.

Value, Obligation, and Meta-Ethics

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Publisher : BRILL
ISBN 13 : 9004433546
Total Pages : 339 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Value, Obligation, and Meta-Ethics by : Robin Attfield

Download or read book Value, Obligation, and Meta-Ethics written by Robin Attfield and published by BRILL. This book was released on 2020-10-12 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work defends an interrelated set of theses in value-theory, normative ethics and meta-ethics. The three Parts correspond to these three areas. Part One (Value) defends a biocentric theory of moral standing, and then the coherence and objectivity of belief in intrinsic value, despite recent objections. Intrinsic value is located in the flourishing of living creatures; specifically, a neo-Aristotelian, species-relative account is supplied of wellbeing or flourishing, in terms of the development of the essential capacities of one's species. There follows a theory of priorities, or of relative intrinsic value, in which the satisfaction of basic needs takes priority over other needs and over wants, and the interests of complex and sophisticated creatures over those of others, where they are at stake. Part Two defends a practice-consequentialist theory of the criteria of rightness and of obligation, which leaves room for supererogation, underpins our intuitions about justice, commends population growth only where it is genuinely desirable, and responds better than act-consequentialism to objections like that concerned with the separateness of persons. Part Three sifts meta-ethical theories, rejects moral relativism, and defends a cognitivist and naturalist meta-ethic. In defending analytical naturalism, it takes into account the latest literature on supervenience. By responding to recent discussions, this study supersedes my Theory of Value and Obligation (1987). It is equipped with detailed end-notes and an ample bibliography, which could prove a research tool of itself.

Metaethics from a First Person Standpoint

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Author :
Publisher : Open Book Publishers
ISBN 13 : 1783742011
Total Pages : 132 pages
Book Rating : 4.7/5 (837 download)

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Book Synopsis Metaethics from a First Person Standpoint by : Catherine Wilson

Download or read book Metaethics from a First Person Standpoint written by Catherine Wilson and published by Open Book Publishers. This book was released on 2016-01-18 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Metaethics from a First Person Standpoint addresses in a novel format the major topics and themes of contemporary metaethics, the study of the analysis of moral thought and judgement. Metathetics is less concerned with what practices are right or wrong than with what we mean by ‘right’ and ‘wrong.’ Looking at a wide spectrum of topics including moral language, realism and anti-realism, reasons and motives, relativism, and moral progress, this book engages students and general readers in order to enhance their understanding of morality and moral discourse as cultural practices. Catherine Wilson innovatively employs a first-person narrator to report step-by-step an individual’s reflections, beginning from a position of radical scepticism, on the possibility of objective moral knowledge. The reader is invited to follow along with this reasoning, and to challenge or agree with each major point. Incrementally, the narrator is led to certain definite conclusions about ‘oughts’ and norms in connection with self-interest, prudence, social norms, and finally morality. Scepticism is overcome, and the narrator arrives at a good understanding of how moral knowledge and moral progress are possible, though frequently long in coming. Accessibly written, Metaethics from a First Person Standpoint presupposes no prior training in philosophy and is a must-read for philosophers, students and general readers interested in gaining a better understanding of morality as a personal philosophical quest.

Meta-Ethics and Normative Ethics

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Publisher : Springer Science & Business Media
ISBN 13 : 9401192995
Total Pages : 333 pages
Book Rating : 4.4/5 (11 download)

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Book Synopsis Meta-Ethics and Normative Ethics by : H.J. MacCloskey

Download or read book Meta-Ethics and Normative Ethics written by H.J. MacCloskey and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this work is to develop a general theory of ethics which ex plains the logical status of moral judgments and the nature of the general principles which we should adopt and on the basis of which we should act. The enquiry into the logical function of moral judgments is entered into as important in its own right and as a preliminary to the normative enquiry, for it is on the basis of our conclusions in the area of meta-ethics, that we de termine the appropriate method of reaching our normative ethic. The ap proach followed in the meta-ethical enquiry is that of examining theories of the past and present with a view to seeing why and in what respects they fail, in particular, what features of moral discourse are not adequately explained or accommodated by them. A positive theory which seeks to take full account of these and all other logical features of moral discourse is then developed in terms of a modified intuitionism of the kind outlined by W. D. Ross, 'good' being explained as the name of a consequential property, 'right' in terms of moral suitability, and moral obligations as consisting in our being constrained to act in certain ways by facts we apprehend to constitute moral reasons which constrain us so to act.

Meta-Ethics and Normative Ethics

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Author :
Publisher : Springer
ISBN 13 : 9401750653
Total Pages : 258 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Meta-Ethics and Normative Ethics by : H. J. McCloskey

Download or read book Meta-Ethics and Normative Ethics written by H. J. McCloskey and published by Springer. This book was released on 2013-11-21 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this work is to develop a general theory of ethics which ex plains the logical status of moral judgments and the nature of the general principles which we should adopt and on the basis of which we should act. The enquiry into the logical function of moral judgments is entered into as important in its own right and as a preliminary to the normative enquiry, for it is on the basis of our conclusions in the area of meta-ethics, that we de termine the appropriate method of reaching our normative ethic. The ap proach followed in the meta-ethical enquiry is that of examining theories of the past and present with a view to seeing why and in what respects they fall, in particular, what features of moral discourse are not adequately explained or accommodated by them. A positive theory which seeks to take full account of these and an other logical features of moral discourse is then developed in terms of a modified intuitionism of the kind outlined by W. D. Ross, 'good' being explained as the name of a consequential property, 'right' in terms of moral suitability, and moral obligations as consisting in our being constrained to act in certain ways by facts we apprehend to constitute moral reasons which constrain us so to act.

Law and Objectivity

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Publisher : Oxford University Press
ISBN 13 : 0195356926
Total Pages : 301 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Law and Objectivity by : Kent Greenawalt

Download or read book Law and Objectivity written by Kent Greenawalt and published by Oxford University Press. This book was released on 1995-06-29 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: In modern times the idea of the objectivity of law has been undermined by skepticism about legal institutions, disbelief in ideals of unbiased evaluation, and a conviction that language is indeterminate. Greenawalt here considers the validity of such skepticism, examining such questions as: whether the law as it exists provides determinate answers to legal problems; whether the law should treat people in an "objective way," according to abstract rules, general categories, and external consequences; and how far the law is anchored in something external to itself, such as social morality, political justice, or economic efficiency. In the process he illuminates the development of jurisprudence in the English-speaking world over the last fifty years, assessing the contributions of many important movements.

Reason and Ethics

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Author :
Publisher : Routledge
ISBN 13 : 1000198162
Total Pages : 192 pages
Book Rating : 4.0/5 (1 download)

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Book Synopsis Reason and Ethics by : Joel Marks

Download or read book Reason and Ethics written by Joel Marks and published by Routledge. This book was released on 2020-10-01 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reason and Ethics defends the theoretical claim that all values are subjective and the practical claim that human affairs can be conducted fruitfully in full awareness of this. Joel Marks goes beyond his previous work defending moral skepticism to question the existence of all objective values. This leads him to suggest a novel answer to the Companions in Guilt argument that the denial of morality would mean relinquishing rationality as well. Marks disarms the argument by conceding the irreality of both morality and logic, but is still able to rescue rationality while dispensing with morality on pragmatic grounds. He then offers a positive account of how life may be lived productively without recourse to attributions and assertions of right and wrong, good and bad, and even truth and falsity. Written in an accessible and engaging style, Reason and Ethics will be of interest to scholars and students working in metaethics as well as to the generally intellectually curious.