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Morality Harm And The Law
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Book Synopsis Morality, Harm, And The Law by : Gerald Dworkin
Download or read book Morality, Harm, And The Law written by Gerald Dworkin and published by Westview Press. This book was released on 1994-03-06 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some of the most difficult and wrenching social and political issues in U.S. society today are about the relationship between strongly held moral values and the laws of the land. There is no consensus about whether the law should deal with morality at all, and if it is to do so, there is no agreement over whose morality is to be reflected in the law.In this compact and carefully edited anthology, Gerald Dworkin presents the readings necessary for an understanding of these issues. The volume contains classical and contemporary philosophical statements as well as a generous sampling of legal cases and opinions, including such topics of current interest as flag-burning, nude dancing, the sale of human organs, and sexual behavior. The volume represents the best in applied legal and moral philosophy.
Book Synopsis The Moral Limits of the Criminal Law: Volume 3: Harm to Self by : Joel Feinberg
Download or read book The Moral Limits of the Criminal Law: Volume 3: Harm to Self written by Joel Feinberg and published by Oxford University Press, USA. This book was released on 1989-08-17 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume tackles the riddles associated with the commonly proposed principle called 'legal paternalism'. It evaluates (and rejects) the principle that it can be right to impose coercion on a person 'for his own good', whatever his own wishes in the matter.
Download or read book The Ends of Harm written by Victor Tadros and published by Oxford University Press, USA. This book was released on 2011-09-15 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can the brutal and costly enterprise of criminal punishment be justified? This book makes a provocative, original contribution to the philosophical literature and debate on the morality of punishing, arguing that punishment is justified in the duties that offenders incur as a result of their wrongdoing.
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.
Download or read book Harm to Others written by Joel Feinberg and published by Oxford University Press. This book was released on 1984-07-05 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This first volume in the four-volume series The Moral Limits of the Criminal Law focuses on the "harm principle," the commonsense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation. Feinberg presents a detailed analysis of the concept and definition of harm and applies it to a host of practical and theoretical issues, showing how the harm principle must be interpreted if it is to be a plausible guide to the lawmaker.
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.
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 Morality and the Law by : Richard A. Wasserstrom
Download or read book Morality and the Law written by Richard A. Wasserstrom and published by . This book was released on 1971 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Ends of Harm written by Victor Tadros and published by . This book was released on 2012 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Offense to Others by : Joel Feinberg
Download or read book Offense to Others written by Joel Feinberg and published by Oxford University Press. This book was released on 1988-01-07 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second volume in Joel Feinberg's series The Moral Limits of the Criminal Law, Offense to Others focuses on the "offense principle," which maintains that preventing shock, disgust, or revulsion is always a morally relevant reason for legal prohibitions. Feinberg clarifies the concept of an "offended mental state" and further contrasts the concept of offense with harm. He also considers the law of nuisance as a model for statutes creating "morals offenses," showing its inadequacy as a model for understanding "profound offenses," and discusses such issues as obscene words and social policy, pornography and the Constitution, and the differences between minor and profound offenses.
Book Synopsis The Palgrave Handbook of Applied Ethics and the Criminal Law by : Larry Alexander
Download or read book The Palgrave Handbook of Applied Ethics and the Criminal Law written by Larry Alexander and published by Springer Nature. This book was released on 2019-12-02 with total page 794 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook consists of essays on contemporary issues in criminal law and their theoretical underpinnings. Some of the essays deal with the relationship between morality and criminalization. Others deal with criminalization in the context of specific crimes such as fraud, blackmail, and revenge pornography. The contributors also address questions of responsible agency such as the effects of addiction or insanity, and some deal with punishment, its mode and severity, and the justness of the state’s imposition of it. These chapters are authored by some of the most distinguished scholars in the fields of applied ethics, criminal law, and jurisprudence.
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 589 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 The Law as a Moral Agent by : Charles Foster
Download or read book The Law as a Moral Agent written by Charles Foster and published by Springer Nature. This book was released on 2021-05-01 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the controversial and repercussive contention that an objective of the law should be to promote personal morality - to make people ethically better. It surveys a number of domains, including criminal law, tort law, contract law, family law, and medical law (particularly the realm of moral enhancement technologies) asking for each: (a) Does the existing law seek to promote personal morality? (b) If so, what is the account of morality promoted, and what is the substantive content? (c) Does it work? and (d) Is this a legitimate objective?
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 The Moral Limits of the Criminal Law: Harm to others by : Joel Feinberg
Download or read book The Moral Limits of the Criminal Law: Harm to others written by Joel Feinberg and published by Oxford University Press, USA. This book was released on 1984 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: These four volumes address the question of the kinds of conduct may the state make criminal without infringing on the moral autonomy of individual citizens.
Book Synopsis The Moral Limits of the Criminal Law: Volume 3: Harm to Self by : Joel Feinberg
Download or read book The Moral Limits of the Criminal Law: Volume 3: Harm to Self written by Joel Feinberg and published by OUP USA. This book was released on 1989-08-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Moral Limits of Criminal Law is a four-volume work that answers the question: what kinds of conduct may a legislature make criminal without infringing the moral autonomy of individual citizens? Volume three, 'Harm to Self', tackles the riddles associated with the commonly proposed principle called 'legal Paternalism'. It evaluates (and rejects) the principle that it can be right to impose coercion on a person 'for his own good', whatever his own wishes in the matter. Chapters in this section discuss the concept of personal autonomy (or 'sovereignty'), voluntariness, and assumption of risk, as well as 'failures of consent' because of duress, fraud, and other factors incompatible with voluntary behaviour.
