Moral Pluralism And Legal Neutrality

Download Moral Pluralism And Legal Neutrality full books in PDF, epub, and Kindle. Read online Moral Pluralism And Legal Neutrality ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

Moral Pluralism and Legal Neutrality

Author : Wojciech Sadurski
Publisher : Springer Science & Business Media
ISBN 13 : 940091928X
Total Pages : 225 pages
Book Rating : 4.4/5 (9 download)

DOWNLOAD NOW!

Book Synopsis Moral Pluralism and Legal Neutrality by : Wojciech Sadurski

Download or read book Moral Pluralism and Legal Neutrality written by Wojciech Sadurski and published by Springer Science & Business Media. This book was released on 2013-12-14 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: lt is a commonplace that law and morality intersect and interpenetrate in all the areas of legal decision-making; that in order to make sense of constitutional, statutory or common-law questions, judges and other legal decision-makers must first resolve certain philosophical issues which include moral judgments of right and wrang_ This is particularly evident with regard to constitutional interpretation, especially when constitutions give a mandate for the protection of the substantive norms and values entrenched as constitutional rights. In these Situations, as a leading contemporary legal philosopher observed, the "Constitution fuses legal and moral issues, by making the validity of a law depend on an answer to complex moral 1 problems". But the need for substantive value elucidation is not confined, of course, only to constitutional interpretation under Bills of Rights. This, however, immediately raises a dilemma stemming from the moral diversity and pluralism of modern liberal societies. How can law remain sensitive to this pluralism and yet provide clear answers to the problems which call for a legal resolution? Sharply conflicting values in modern societies clash in the debates over the death penalty, abortion, homosexuality, separation of state and religion, the scope of the freedom of the press, or affirmative action. lt would often be difficult to discern a broader consensus within which these clashes of values operate, unless this consensus were described in such vague terms as to render it practically meaningless.

The Cost of Avoidance

Author : Melissa Mortazavi
Publisher :
ISBN 13 :
Total Pages : 46 pages
Book Rating : 4.:/5 (13 download)

DOWNLOAD NOW!

Book Synopsis The Cost of Avoidance by : Melissa Mortazavi

Download or read book The Cost of Avoidance written by Melissa Mortazavi and published by . This book was released on 2016 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article offers an answer to key questions in modern American legal ethics: when and why did the legal profession stop talking about professional conduct in moral terms? Mining the history of current rules governing lawyer conduct, this Article reveals that while the 1969 Model Code of Professional Responsibility sought to revolutionize legal ethics by creating a professional code that was more transparent, democratized, and less hierarchical than the preceding 1908 Canons of Legal Ethics, that effort also excised a moral understanding of lawyering in order to facilitate a particular understanding of pluralism.The drafters of the 1969 Model Code faced a difficult task. They recognized women and minorities were entering the legal profession in unprecedented numbers. Aware of impending conflicts within the newly diverse bar and unsure how to resolve them, drafters of the Model Code struck a devil's bargain: in exchange for the peaceable coexistence of heterogeneous parties, the Model Code sought to remove moral disputes from the workplace by embracing neutral partisanship. This Article discusses the consequences of that choice. It argues that in order to permit one form of pluralism (demographic pluralism) the bar adopted a professional conduct system (neutral partisanship) that now impedes the inclusion of full substantive pluralism (including value pluralism).Neutrality is not neutral. Avoidance has its costs. The Model Code did not actually re-move morality from practice: it only prevented new lawyers from having the language and means to challenge and change existing moral norms in the profession. Modern legal ethics' endorsement of neutral partisanship structurally impedes substantive discussions amongst students, lawyers, judges, and academics about proper ends and appropriate means. This Article is a call to reopen discussion as it reveals why the legal profession embraced this particular model of lawyering in the first place and how that purpose has been frustrated over time.

Morality, Politics, and Law

Author : Michael J. Perry
Publisher : Oxford University Press, USA
ISBN 13 : 0195064569
Total Pages : 336 pages
Book Rating : 4.1/5 (95 download)

DOWNLOAD NOW!

Book Synopsis Morality, Politics, and Law by : Michael J. Perry

Download or read book Morality, Politics, and Law written by Michael J. Perry and published by Oxford University Press, USA. This book was released on 1990 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise explores the proper relationship of moral and religious beliefs to politics and law, focusing particularly on the USA, a country which, the author argues, is morally and religiously pluralistic.

Why Social Policy Cannot be Morally Neutral

Author : Basil Mitchell
Publisher :
ISBN 13 :
Total Pages : 48 pages
Book Rating : 4.X/5 (1 download)

DOWNLOAD NOW!

Book Synopsis Why Social Policy Cannot be Morally Neutral by : Basil Mitchell

Download or read book Why Social Policy Cannot be Morally Neutral written by Basil Mitchell and published by . This book was released on 1989 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Pluralism and Liberal Neutrality

Author : Richard Paul Bellamy
Publisher : Routledge
ISBN 13 : 9780714649160
Total Pages : 167 pages
Book Rating : 4.6/5 (491 download)

DOWNLOAD NOW!

Book Synopsis Pluralism and Liberal Neutrality by : Richard Paul Bellamy

Download or read book Pluralism and Liberal Neutrality written by Richard Paul Bellamy and published by Routledge. This book was released on 1999 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book a group of internationally renowned political theorists explore the pluralist challenge to liberal neutrality. Some defend neutrality against its critics by reinterpreting its scope and character, others search for an alternative basis for liberalism in compromise, mutual recognition or perfectionism.

Legal Neutrality Versus Moral Neutrality

Author :
Publisher :
ISBN 13 :
Total Pages : 152 pages
Book Rating : 4.:/5 (453 download)

DOWNLOAD NOW!

Book Synopsis Legal Neutrality Versus Moral Neutrality by :

Download or read book Legal Neutrality Versus Moral Neutrality written by and published by . This book was released on 1915 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Morality of Freedom

Author : Joseph Raz
Publisher : Clarendon Press
ISBN 13 : 0191519960
Total Pages : 452 pages
Book Rating : 4.1/5 (915 download)

DOWNLOAD NOW!

Book Synopsis The Morality of Freedom by : Joseph Raz

Download or read book The Morality of Freedom written by Joseph Raz and published by Clarendon Press. This book was released on 1986-06-12 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ranging over central issues of morals and politics, this book discusses the nature of freedom and authority. It examines the role of value-neutrality, rights, equality, and the prevention of harm in the liberal tradition, and relates them to fundamental moral questions such as the relation of values to social forms, the comparability of values, and the significance of personal commitments.

Pluralism and Law

Author : A. Soeteman
Publisher : Springer Science & Business Media
ISBN 13 : 9401727023
Total Pages : 402 pages
Book Rating : 4.4/5 (17 download)

DOWNLOAD NOW!

Book Synopsis Pluralism and Law by : A. Soeteman

Download or read book Pluralism and Law written by A. Soeteman and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: What can we say about justice in a pluralist world? Is there some universal justice? Are there universal human rights? What is the function of the state in the modern world? Such are the problems dealt with by the 20th world congress of the International Association for Philosophy of Law and Social Philosophy (Amsterdam, June 2001) and published in this book, which is for legal and social philosophers, students of human rights, and political philosophers.

Law in the Age of Pluralism

Author : Andrei Marmor
Publisher : Oxford University Press
ISBN 13 : 0190450762
Total Pages : 312 pages
Book Rating : 4.1/5 (94 download)

DOWNLOAD NOW!

Book Synopsis Law in the Age of Pluralism by : Andrei Marmor

Download or read book Law in the Age of Pluralism written by Andrei Marmor and published by Oxford University Press. This book was released on 2007-12-31 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law in the Age of Pluralism contains a collection of essays on the intersection of legal and political philosophy. Written within the analytical tradition in jurisprudence, the collection covers a wide range of topics, such as the nature of law and legal theory, the rule of law, the values of democracy and constitutionalism, moral aspects of legal interpretation, the nature of rights, economic equality, and more. The essays in this volume explore issues where law, morality and politics meet, and discuss some of the key challenges facing liberal democracies. Marmor posits that a liberal state must first and foremost respect people's personal autonomy and their differing, though reasonable, conceptions of the good and the just. This basic respect for pluralism is shown to entail a rather skeptical attitude towards grand theories of law and state, such as contemporary constitutionalism or Dworkin's conception of 'law as integrity'. The values of pluralism and respect for autonomy, however, are also employed to justify some of the main aspects of a liberal state, such as the value of democracy, the rule of law, and certain conceptions of equality. The essays are organized in three groups: the first considers the rule of law, democracy and constitutionalism. The second group consists of several essays on the nature of law, legal theory, and their relations to morality. Finally, the collection concludes with essays on the nature of rights, the limits of rights discourse, and the value of economic equality.

Pluralism and Law: State, nation, community, civil society

Author : International Association for Philosophy of Law and Social Philosophy. World Congress
Publisher : Franz Steiner Verlag
ISBN 13 : 9783515083621
Total Pages : 200 pages
Book Rating : 4.0/5 (836 download)

DOWNLOAD NOW!

Book Synopsis Pluralism and Law: State, nation, community, civil society by : International Association for Philosophy of Law and Social Philosophy. World Congress

Download or read book Pluralism and Law: State, nation, community, civil society written by International Association for Philosophy of Law and Social Philosophy. World Congress and published by Franz Steiner Verlag. This book was released on 2003 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents Luigi Ferrajoli: Past and Future of the State under Law u Mauro Zamboni: oRechtsstaato: What is it that Swedish development assistance, organisatons oexporto? u Hans Gribnau: Legal Principles and Legislative Instrumentalism u Maria Jose Falcon y Tella: Justified Illegality: The Question of Civil Disobedience u Hideo Sasakura: How should we discuss the Right of Resistance today? u K. Papageorgiou: Nations, persons, rights and responsibilities u M.N.S. Sellers: The Right to Secede u Stephan Kirste: Constitution and Time u Nicholas Aroney: Towards a General Theory of the Formation and Amendment of Federal Constitutions: A Comparative Study u Adriaan Anderson: Prosecuting Crime in a Constitutional State: The Recent South African Experience u Luis Villar-Borda: The Role of the Constitutional Court in the Advance of Law in a Developing Country u Marcela Forero: Colombia: a Multisovereignty State u Samuli Hurri: What of Tomorrow's Citizenship? Universal and Politics in Hannah Arendt and Jurgen Habermas u Marcelo Campos Galuppo: Constitutional Hermeneutics and Pluralism u Francoise Michaut: Pluralism in Law in Robert Cover's Writings u E. A. Huppes-Cluysenaer: Informal Rules do not Exist u Niels F. van Manen: The legal recognition of distinct communities u Peter Koller: Law and Virtue u Carl Lebeck: Coercion, co-ordination and normativity - towards a refined distinction between positive and negative rights u Sheldon Wein: Moral Pluralism and the Rule of Law.

Constructing Community

Author : J. Donald Moon
Publisher : Princeton University Press
ISBN 13 : 1400821118
Total Pages : 248 pages
Book Rating : 4.4/5 (8 download)

DOWNLOAD NOW!

Book Synopsis Constructing Community by : J. Donald Moon

Download or read book Constructing Community written by J. Donald Moon and published by Princeton University Press. This book was released on 2012-09-14 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: In developing a new theory of political and moral community, J. Donald Moon takes questions of cultural pluralism and difference more seriously than do many other liberal thinkers of our era: Moon is willing to confront the problem of how community can be created among those who have very different views about the proper ends of human life. Experiencing such profound disagreement, can we live together in a society under norms we all accept? In recent years, traditional ways of looking at this query have come under attack by post-modernists, feminists, and thinkers concerned with pluralism. Respectfully engaging their critiques, Moon proposes a reformulated liberalism that is intended to overcome the problems they have identified.

The Dynamics of Law and Morality

Author : Wibren van der Burg
Publisher : Ashgate Publishing
ISBN 13 : 9781306818599
Total Pages : 0 pages
Book Rating : 4.8/5 (185 download)

DOWNLOAD NOW!

Book Synopsis The Dynamics of Law and Morality by : Wibren van der Burg

Download or read book The Dynamics of Law and Morality written by Wibren van der Burg and published by Ashgate Publishing. This book was released on 2014 with total page 0 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.

Giving Desert Its Due

Author : Wojciech Sadurski
Publisher : Springer Science & Business Media
ISBN 13 : 9401577064
Total Pages : 333 pages
Book Rating : 4.4/5 (15 download)

DOWNLOAD NOW!

Book Synopsis Giving Desert Its Due by : Wojciech Sadurski

Download or read book Giving Desert Its Due written by Wojciech Sadurski and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field.

The Pluralist Game

Author : Francis Canavan
Publisher : Rowman & Littlefield
ISBN 13 : 9780847680931
Total Pages : 192 pages
Book Rating : 4.6/5 (89 download)

DOWNLOAD NOW!

Book Synopsis The Pluralist Game by : Francis Canavan

Download or read book The Pluralist Game written by Francis Canavan and published by Rowman & Littlefield. This book was released on 1995 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "pluralist game," the way in which we attempt to resolve the problems arising out of our pluralism through the political and judicial processes, necessarily engages the citizens of our society. This book brings together 14 essays from a leading Catholic political theorist to address the central issue of American theological, political, and social thought: the relationship between religion, morals, law, and public policy in a pluralistic liberal society.

The Cambridge Rawls Lexicon

Author : Jon Mandle
Publisher : Cambridge University Press
ISBN 13 : 1316193985
Total Pages : 1112 pages
Book Rating : 4.3/5 (161 download)

DOWNLOAD NOW!

Book Synopsis The Cambridge Rawls Lexicon by : Jon Mandle

Download or read book The Cambridge Rawls Lexicon written by Jon Mandle and published by Cambridge University Press. This book was released on 2014-12-11 with total page 1112 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Rawls is widely regarded as one of the most influential philosophers of the twentieth century, and his work has permanently shaped the nature and terms of moral and political philosophy, deploying a robust and specialized vocabulary that reaches beyond philosophy to political science, economics, sociology, and law. This volume is a complete and accessible guide to Rawls' vocabulary, with over 200 alphabetical encyclopaedic entries written by the world's leading Rawls scholars. From 'basic structure' to 'burdened society', from 'Sidgwick' to 'strains of commitment', and from 'Nash point' to 'natural duties', the volume covers the entirety of Rawls' central ideas and terminology, with illuminating detail and careful cross-referencing. It will be an essential resource for students and scholars of Rawls, as well as for other readers in political philosophy, ethics, political science, sociology, international relations and law.

The Oxford Handbook of Global Legal Pluralism

Author : Paul Schiff Berman
Publisher : Oxford University Press, USA
ISBN 13 : 0197516742
Total Pages : 1133 pages
Book Rating : 4.1/5 (975 download)

DOWNLOAD NOW!

Book Synopsis The Oxford Handbook of Global Legal Pluralism by : Paul Schiff Berman

Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press, USA. This book was released on 2020-09-24 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Legal Pluralism

Author : Alex Green
Publisher :
ISBN 13 : 9781032873473
Total Pages : 0 pages
Book Rating : 4.8/5 (734 download)

DOWNLOAD NOW!

Book Synopsis Legal Pluralism by : Alex Green

Download or read book Legal Pluralism written by Alex Green and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book examines the development and fundamental nature of legal pluralism. Legal pluralism evokes two distinctions: 'state' vs 'non-state' law; and 'law' vs 'non-law'. As such, although this book focuses upon circumstances where two or more legal orders compete to govern the same social space, it also addresses the nature of law in general. Drawing on material conflicts arising within jurisdictions such as Australia, Burundi, Cameroon, Gambia, the United States, and Zambia, this book explores the conceptual, moral, and political challenges that legal pluralism creates. Emphasising that non-state law carries no less dignity than that often ascribed to the legal orders of contemporary states, it advances a theoretically sophisticated argument in favour of recognising and respecting genuine cases of legal pluralism, wherever they arise. Accessible and thought provoking, this book will appeal to legal scholars, anthropologists, sociologists, and political and social philosophers as well as practising lawyers, judges, and policy makers who deal with issues of legal pluralism"--