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The Inseparability Of Law And Morality
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Book Synopsis The Inseparability of Law and Morality by : Ellis Washington
Download or read book The Inseparability of Law and Morality written by Ellis Washington and published by . This book was released on 2002 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arguing that the political and legal philosophy he advocates is the same as the one applied by the constitutional framers, Washington (business law and contracts, Davenport U.) argues that the "tempting sophistry" of separating law from morality" is at the root of the numerous problems in American institutions. He present 12 essays, some of which have been previously published, in which he decries the impact of such philosophical approaches to the law as utilitarianism, relativism, egalitarianism, secularism, feminism, progressivism, and pragmatism on the U.S.'s legal framework. His criticism of the effects of these philosophies is coupled with application of his natural law philosophy to such areas as juvenile delinquency, racism, international law, and pornography. Annotation copyrighted by Book News, Inc., Portland, OR
Book Synopsis Hart avec Kant by : David Gray Carlson
Download or read book Hart avec Kant written by David Gray Carlson and published by . This book was released on 2008 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the 50th anniversary of the Hart-Fuller debate, this essay examines Hart's defense of the thesis that law is not necessarily connected with morality. This paper argues that such a conclusion follows from Hart's presentation of the internal point of view as an empirically knowable claim of causation of the human will. The paper argues that the internal point of view contradicts the very idea of human freedom. If the internal point of view is analyzed as Immanuel Kant would analyze it - as a problematic claim that coheres with the possibility that human beings are free - Hart's internal point of view contradicts all of the other ideas for which Hart is known - the separation thesis (law is not the same as morality), the rule of recognition, and the distinction between core and penumbra meaning of legal rules. Although none of Hart's ideas is tenable from a Kantian perspective, nevertheless Hart's jurisprudence still serves two valuable purposes: it emphasizes that positive law and subjectivity are in tension and that legality (i.e., Hart's external point of view) is an aspiration of positivist jurisprudence. That is to say, the moral program of Hart's jurisprudence is to make the external point of view possible by means of the internal point of view. So conceived Hart's jurisprudence becomes a moral, not a descriptive, claim.
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 The Authority of Law by : Joseph Raz
Download or read book The Authority of Law written by Joseph Raz and published by . This book was released on 1979 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised edition of one of the classic works of modern legal philosophy, first published in 1979, represents Raz's landmark contribution which has had an enduring influence on philosophical work on the nature of law and its relation to morality. The new edition includes two previously uncollected essays and a new introduction from the author.
Book Synopsis Legislating Morality by : Norman L. Geisler
Download or read book Legislating Morality written by Norman L. Geisler and published by Wipf and Stock Publishers. This book was released on 2003-02-12 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: America's moral decline is not secret. An alarming number of moral and cultural problems have exploded in our country since 1960--a period when the standards of morality expressed in our laws and customs have been relaxed, abandoned, or judicially overruled. Conventional wisdom says laws cannot stem moral decline. Anyone who raises the prospect of legislation on the hot topics of our day - abortion, family issues, gay rights, euthanasia - encounters a host of objections: As long as I don't hurt anyone the government s should leave me alone." No one should force their morals on anyone else." You can't make people be good." Legislating morality violates the separation of church and state." 'Legislating Morality' answers those objections and advocates a moral base for America without sacrificing religious and cultural diversity. It debunks the myth that morality can't be legislated" and amply demonstrates how liberals, moderates, and conservatives alike exploit law to promote good and curtail evil. This book boldly challenges prevailing thinking about right and wrong and about our nation's moral future.
Book Synopsis The Long Arc of Legality by : David Dyzenhaus
Download or read book The Long Arc of Legality written by David Dyzenhaus and published by Cambridge University Press. This book was released on 2022-01-27 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Long Arc of Legality breaks the current deadlock in philosophy of law between legal positivism and natural law by showing that any understanding of law as a matter of authority must account for the interaction of enacted law with fundamental principles of legality. This interaction conditions law's content so that officials have the moral resources to answer the legal subject's question, 'But, how can that be law for me?' David Dyzenhaus brings Thomas Hobbes and Hans Kelsen into a dialogue with H. L. A. Hart, showing that philosophy of law must work with the idea of legitimate authority and its basis in the social contract. He argues that the legality of international law and constitutional law are integral to the main tasks of philosophy of law, and that legal theory must attend both to the politics of legal space and to the way in which law provides us with a 'public conscience'.
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 The Cambridge Companion to Legal Positivism by : Torben Spaak
Download or read book The Cambridge Companion to Legal Positivism written by Torben Spaak and published by Cambridge University Press. This book was released on 2021-02-04 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
Download or read book Law and Morals written by Roscoe Pound and published by . This book was released on 1926 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Ethics and the Rule of Law by : David Lyons
Download or read book Ethics and the Rule of Law written by David Lyons and published by Cambridge University Press. This book was released on 1984 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This clear and systematic introduction to the philosophy of law attempts to answer some important questions about the nature of law and its relationship to social norms and moral standards.
Book Synopsis Law and Morality by : KennethEinar Himma
Download or read book Law and Morality written by KennethEinar Himma and published by Routledge. This book was released on 2017-07-05 with total page 857 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume collects many of the key essays exploring the possible relationships between the concepts of law and morality, a central concern of contemporary philosophizing about law. It is organized around five conceptual issues: classical natural law theory; legal positivism's separability thesis; Ronald Dworkin's constructive interpretivism; inclusive legal positivism's assertion that there can be legal systems with moral criteria of legality; and the relevance of morality and moral theorizing in theorizing about the concept of law and associated legal concepts. Each of the essays makes an important contribution toward addressing these issues.
Book Synopsis The Unity of Law and Morality by : Michael J. Detmold
Download or read book The Unity of Law and Morality written by Michael J. Detmold and published by Routledge. This book was released on 1984-01-01 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Ethics for A-Level by : Mark Dimmock
Download or read book Ethics for A-Level written by Mark Dimmock and published by Open Book Publishers. This book was released on 2017-07-31 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does pleasure have to do with morality? What role, if any, should intuition have in the formation of moral theory? If something is ‘simulated’, can it be immoral? This accessible and wide-ranging textbook explores these questions and many more. Key ideas in the fields of normative ethics, metaethics and applied ethics are explained rigorously and systematically, with a vivid writing style that enlivens the topics with energy and wit. Individual theories are discussed in detail in the first part of the book, before these positions are applied to a wide range of contemporary situations including business ethics, sexual ethics, and the acceptability of eating animals. A wealth of real-life examples, set out with depth and care, illuminate the complexities of different ethical approaches while conveying their modern-day relevance. This concise and highly engaging resource is tailored to the Ethics components of AQA Philosophy and OCR Religious Studies, with a clear and practical layout that includes end-of-chapter summaries, key terms, and common mistakes to avoid. It should also be of practical use for those teaching Philosophy as part of the International Baccalaureate. Ethics for A-Level is of particular value to students and teachers, but Fisher and Dimmock’s precise and scholarly approach will appeal to anyone seeking a rigorous and lively introduction to the challenging subject of ethics. Tailored to the Ethics components of AQA Philosophy and OCR Religious Studies.
Book Synopsis Morality and the Nature of Law by : Kenneth Einar Himma
Download or read book Morality and the Nature of Law written by Kenneth Einar Himma and published by Oxford University Press. This book was released on 2019-03-07 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Morality and the Nature of Law explores the conceptual relationship between morality and the criteria that determine what counts as law in a given societythe criteria of legal validity. Is it necessary condition for a legal system to include moral criteria of legal validity? Is it even possible for a legal system to have moral criteria of legal validity? The book considers the views of natural law theorists ranging from Blackstone to Dworkin and rejects them, arguing that it is not conceptually necessary that the criteria of legal validity include moral norms. Further, it rejects the exclusive positivist view, arguing instead that it is conceptually possible for the criteria of validity to include moral norms. In the process of considering such questions, this book considers Raz's views concerning the nature of authority and Shapiro's views about the guidance function of law, which have been thought to repudiate the conceptual possibility of moral criteria of legal validity. The book, then, articulates a thought experiment that shows that it is possible for a legal system to have such criteria and concludes with a chapter that argues that any legal system, like that of the United States, which affords final authority over the content of the law to judges who are fallible with respect to the requirements of morality is a legal system with purely source-based criteria of validity.
Author :Wilfrid J. Waluchow Publisher :Oxford University Press on Demand ISBN 13 :9780198258124 Total Pages :290 pages Book Rating :4.2/5 (581 download)
Book Synopsis Inclusive Legal Positivism by : Wilfrid J. Waluchow
Download or read book Inclusive Legal Positivism written by Wilfrid J. Waluchow and published by Oxford University Press on Demand. This book was released on 1994 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a general theory of law, inclusive legal positivism, which seeks to remain within the tradition represented by authors such as Austin, Hart, MacCormick, and Raz, while sharing some of the virtues of both classical and modern theories of natural law, as represented by authors such as Aquinas, Fuller, Finnis, and Dworkin. Its central theoretical questions are: Does the existence or content of positive law ever depend on moral considerations? If so, is this fact consistent with legal positivism? The author shows how inclusive positivism allows one to answer yes to both of these questions. In addition to articulating and defending his own version of legal positivism, which is a refinement and development of the views of H.L.A. Hart as expressed in his classic book The Concept of Law, the author clarifies the terms of current jurisprudential debates about the nature of law. These debates are often clouded by failures to appreciate that different theorists are offering differing kinds of theories and attempting to answer different questions. There is also a failure, principally on the part of Ronald Dworkin, to characterize opposing theories correctly. The clarity of Waluchow's work will help to remove the confusion which has hitherto marred some jurisprudential debate, particularly about Dworkin's work.
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 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of what we could do, we shouldn’t—and we don’t. Mark Osiel shows that common morality—expressed as shame, outrage, and stigma—is society’s first line of defense against transgressions. Social norms can be indefensible, but when they complement the law, they can save us from an alternative that is far worse: a repressive legal regime.
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:
