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.

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.

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.

Moral Realism as a Moral Doctrine

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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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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 to cultures? Are there any moral facts? What is goodness? If there are moral facts how do we learn about them? These are all questions in metaethics, the branch of ethics that investigates the status of morality, the nature of ethical facts, and the meaning of ethical statements. To the uninitiated it can appear abstract and far removed from its two more concrete 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 and the development of a "conceptual toolkit," Matthew Chrisman introduces and assesses the following key topics: • ethical reality: including questions about naturalism and non-naturalism, moral facts, and the distinction between realism and antirealism • ethical language: does language represent reality? What mental states are expressed by moral statements? • ethical psychology: the Humean theory of motivation and the connection between moral judgement and motivation • ethical knowledge: intuitionist and coherentist moral epistemologies, and theories of objectivity and relativism in metaethics • new directions in metaethics, including non-traditional theories and extensions to metaepistemology and metanormative theory. Additional features such as chapter summaries, questions of understanding, and a glossary make this an ideal introduction to metaethics.

How Hume and Kant Reconstruct Natural Law

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Publisher : Oxford University Press
ISBN 13 : 0191064122
Total Pages : 286 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 2016-04-07 with total page 286 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.

Facts and Values

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Publisher : Routledge
ISBN 13 : 1317354672
Total Pages : 440 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Facts and Values by : Giancarlo Marchetti

Download or read book Facts and Values written by Giancarlo Marchetti and published by Routledge. This book was released on 2016-11-03 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection offers a synoptic view of current philosophical debates concerning the relationship between facts and values, bringing together a wide spectrum of contributors committed to testing the validity of this dichotomy, exploring alternatives, and assessing their implications. The assumption that facts and values inhabit distinct, unbridgeable conceptual and experiential domains has long dominated scientific and philosophical discourse, but this separation has been seriously called into question from a number of corners. The original essays here collected offer a diversity of responses to fact-value dichotomy, including contributions from Hilary Putnam and Ruth Anna Putnam who are rightly credited with revitalizing philosophical interest in this alleged opposition. Both they, and many of our contributors, are in agreement that the relationship between epistemic developments and evaluative attitudes cannot be framed as a conflict between descriptive and normative understanding. Each chapter demonstrates how and why contrapositions between science and ethics, between facts and values, and between objective and subjective are false dichotomies. Values cannot simply be separated from reason. Facts and Values will therefore prove essential reading for analytic and continental philosophers alike, for theorists of ethics and meta-ethics, and for philosophers of economics and law.

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.

Companions in Guilt Arguments in Metaethics

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Author :
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.

Moral Disagreement

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Publisher : Routledge
ISBN 13 : 0429957718
Total Pages : 275 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis Moral Disagreement by : Rach Cosker-Rowland

Download or read book Moral Disagreement written by Rach Cosker-Rowland and published by Routledge. This book was released on 2020-11-25 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Widespread moral disagreement raises ethical, epistemological, political, and metaethical questions. Is the best explanation of our widespread moral disagreements that there are no objective moral facts and that moral relativism is correct? Or should we think that just as there is widespread disagreement about whether we have free will but there is still an objective fact about whether we have it, similarly, moral disagreement has no bearing on whether morality is objective? More practically, is it arrogant to stick to our guns in the face of moral disagreement? Must we suspend belief about the morality of controversial actions such as eating meat and having an abortion? And does moral disagreement affect the laws that we should have? For instance, does disagreement about the justice of heavily redistributive taxation affect whether such taxation is legitimate? In this thorough and clearly written introduction to moral disagreement and its philosophical and practical implications, Rach Cosker-Rowland examines and assesses the following topics and questions: How does moral disagreement affect what we should do and believe in our day-to-day lives? Epistemic peerhood and moral disagreements with our epistemic peers Metaethics and moral disagreement Relativism, moral objectivity, moral realism, and non-cognitivism Moral disagreement and normative ethics Liberalism, democracy, and disagreement Moral compromise Moral uncertainty. Combining clear philosophical analysis with summaries of the latest research and suggestions for further reading, Moral Disagreement is ideal for students of ethics, metaethics, political philosophy, and philosophical topics that are closely related such as relativism and scepticism. It will also be of interest to those in related disciplines such as ethics and public policy and philosophy of law.

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 : David Copp

Download or read book The Oxford Handbook of Ethical Theory written by 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.

Reason and Ethics

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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.

Metaethics from a First Person Standpoint

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Publisher : Open Book Publishers
ISBN 13 : 1783742011
Total Pages : 128 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 128 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.

Taking Morality Seriously

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Publisher : OUP Oxford
ISBN 13 : 019161856X
Total Pages : 308 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Taking Morality Seriously by : David Enoch

Download or read book Taking Morality Seriously written by David Enoch and published by OUP Oxford. This book was released on 2011-07-28 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Taking Morality Seriously: A Defense of Robust Realism David Enoch develops, argues for, and defends a strongly realist and objectivist view of ethics and normativity more broadly. This view—according to which there are perfectly objective, universal, moral and other normative truths that are not in any way reducible to other, natural truths—is familiar, but this book is the first in-detail development of the positive motivations for the view into reasonably precise arguments. And when the book turns defensive—defending Robust Realism against traditional objections—it mobilizes the original positive arguments for the view to help with fending off the objections. The main underlying motivation for Robust Realism developed in the book is that no other metaethical view can vindicate our taking morality seriously. The positive arguments developed here—the argument from the deliberative indispensability of normative truths, and the argument from the moral implications of metaethical objectivity (or its absence)—are thus arguments for Robust Realism that are sensitive to the underlying, pre-theoretical motivations for the view.

Ethics

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Author :
Publisher : Penguin Group
ISBN 13 :
Total Pages : 256 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Ethics by : John Leslie Mackie

Download or read book Ethics written by John Leslie Mackie and published by Penguin Group. This book was released on 1977 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Metaethics of Constitutional Adjudication

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Publisher : Oxford University Press
ISBN 13 : 0192535595
Total Pages : 273 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Metaethics of Constitutional Adjudication by : Bosko Tripkovic

Download or read book The Metaethics of Constitutional Adjudication written by Bosko Tripkovic and published by Oxford University Press. This book was released on 2018-01-11 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book Bosko Tripkovic develops a theory of value-based arguments in constitutional adjudication. In contrast to the standard question of constitutional theory that asks whether the courts get moral answers wrong, it asks a more fundamental question of whether the courts get the morality itself wrong. Tripkovic argues for an antirealist conception of value -one that does not presuppose the existence of mind-independent moral truths- and accounts for the effect this ought to have on existing value-based arguments made by constitutional courts. The book identifies three dominant types of value-based arguments in comparative constitutional practice: arguments from constitutional identity, common sentiment, and universal reason, and explains why they fail as self-standing approaches to moral judgment. It then suggests that the appropriate moral judgments emerge from the dynamics between practical confidence, which denotes the inescapability of the self and the evaluative attitudes it entails, and reflection, which denotes the process of challenging and questioning these attitudes. The book applies the notions of confidence and reflection to constitutional reasoning and maintains that the moral inquiry of the constitutional court ought to depart from the emotive intuitions of the constitutional community and then challenge these intuitions through reflective exposure to different perspectives in order to better understand and develop the underlying constitutional identity. The book casts new light on common constitutional dilemmas and allows us to envisage new ways of resolving them.