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The Moral World Of The Law
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Book Synopsis The Moral World of the Law by : Peter R. Coss
Download or read book The Moral World of the Law written by Peter R. Coss and published by Cambridge University Press. This book was released on 2000-04-27 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays on relationship between the moral environment of the courtroom and that of the surrounding society.
Book Synopsis God and Moral Law by : Mark C. Murphy
Download or read book God and Moral Law written by Mark C. Murphy and published by Oxford University Press. This book was released on 2011-11-17 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does God's existence make a difference to how we explain morality? Mark C. Murphy critiques the two dominant theistic accounts of morality—natural law theory and divine command theory—and presents a novel third view. He argues that we can value natural facts about humans and their good, while keeping God at the centre of our moral explanations. The characteristic methodology of theistic ethics is to proceed by asking whether there are features of moral norms that can be adequately explained only if we hold that such norms have some sort of theistic foundation. But this methodology, fruitful as it has been, is one-sided. God and Moral Law proceeds not from the side of the moral norms, so to speak, but from the God side of things: what sort of explanatory relationship should we expect between God and moral norms given the existence of the God of orthodox theism? Mark C. Murphy asks whether the conception of God in orthodox theism as an absolutely perfect being militates in favour of a particular view of the explanation of morality by appeal to theistic facts. He puts this methodology to work and shows that, surprisingly, natural law theory and divine command theory fail to offer the sort of explanation of morality that we would expect given the existence of the God of orthodox theism. Drawing on the discussion of a structurally similar problem—that of the relationship between God and the laws of nature—Murphy articulates his new account of the relationship between God and morality, one in which facts about God and facts about nature cooperate in the explanation of moral law.
Book Synopsis Moral Foundations of American Law by : Geoffrey C. Hazard (Jr.)
Download or read book Moral Foundations of American Law written by Geoffrey C. Hazard (Jr.) and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is about relationships between law and morality as it developed in the United States. It is a tour for the general reader and perhaps of interest to professional scholars"--Page [1].
Book Synopsis The Moral World of the Qur'an by : Muḥammad ʻAbd Allāh Darāz
Download or read book The Moral World of the Qur'an written by Muḥammad ʻAbd Allāh Darāz and published by I.B. Tauris. This book was released on 2008 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes for the first time in English the ethical theory that underpins Quranic legislation by providing a classification of specific verses in which Islam's holy book discusses moral issues. It demonstrates the ways in which the Quran theoretically and practically provides the moral code to which Muslims around the world adhere. The author divides his analysis into a survey of Quranic attitudes towards the basic ethical issues of obligation and responsibility, issues of moral psychology such as motivation and intention, as well as matters of social ethics such as the function of law in society. He then explores the meanings of individual morality, morality within the family and civil society, and the relationship of morality to the idea of the state.
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 The Thin Justice of International Law by : Steven R. Ratner
Download or read book The Thin Justice of International Law written by Steven R. Ratner and published by Oxford University Press, USA. This book was released on 2015 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a new interdisciplinary approach to global justice and integrating the insights of international relations and contemporary ethics, this book asks whether the core norms of international law are just by appraising them according to a standard of global justice grounded in the advancement of peace and protection of human rights.
Book Synopsis Law as a Moral Idea by : Nigel E. Simmonds
Download or read book Law as a Moral Idea written by Nigel E. Simmonds and published by OUP Oxford. This book was released on 2007 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the institutions of law, and the structures of legal thought, are to be understood by reference to a moral ideal. The idea of law is an ideal of freedom, or independence from the power of others. The moral value and justificatory force of law are not contingent uponcircumstance, but intrinsic to its character as law. Doctrinal legal arguments are shaped by rival conceptions of the conditions for realisation of the idea of law.In making these claims, the author rejects the viewpoint of much contemporary legal theory, and seeks to move jurisprudence closer to an older tradition of philosophical reflection upon law, exemplified by Hobbes and Kant. Modern analytical jurisprudence has tended to view these older philosophiesas confused precisely in so far as they equate an understanding of law's nature with a revelation of its moral basis. According to most contemporary legal theorists, the understanding and analysis of existing institutions is quite distinct from any enterprise of moral reflection. But therelationship between ideals and practices is much more intimate than this approach would suggest. Some institutions can be properly understood only when they are viewed as imperfect attempts to realise moral or political ideals; and some ideals can be conceived only by reference to their expressionin institutions.
Download or read book Moral Time written by Donald Black and published by Oxford University Press. This book was released on 2011-04-14 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflict is ubiquitous and inevitable, but people generally dislike it and try to prevent or avoid it as much as possible. So why do clashes of right and wrong occur? And why are some more serious than others? In Moral Time, sociologist Donald Black presents a new theory of conflict that provides answers to these and many other questions. The heart of the theory is a completely new concept of social time. Black claims that the root cause of conflict is the movement of social time, including relational, vertical, and cultural time--changes in intimacy, inequality, and diversity. The theory of moral time reveals the causes of conflict in all human relationships, from marital and other close relationships to those between strangers, ethnic groups, and entire societies. Moreover, the theory explains the origins and clash of right and wrong not only in modern societies but across the world and across history, from conflict concerning sexual behavior such as rape, adultery, and homosexuality, to bad manners and dislike in everyday life, theft and other crime, racism, anti-Semitism, anti-Americanism, witchcraft accusations, warfare, heresy, obscenity, creativity, and insanity. Black concludes by explaining the evolution of conflict and morality across human history, from the tribal to the modern age. He also provides surprising insights into the postmodern emergence of the right to happiness and the expanding rights of humans and non-humans across the world. Moral Time offers an incisive, powerful, and radically new understanding of human conflict--a fundamental and inescapable feature of social life.
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 . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Moral Accountability and International Criminal Law by : Kirsten Fisher
Download or read book Moral Accountability and International Criminal Law written by Kirsten Fisher and published by Routledge. This book was released on 2013-03 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In the past couple of decades an autonomous international system of law has aggressively developed to deal with individual criminal responsibility for the most heinous of crimes. However, the development and application of the international criminal system is mired in criticism and concern. While international criminal law is playing an increasingly important role in global politics and issues of global security, normative theory has not kept pace with the advancements in this area of law. This book examines international criminal law (ICL) from a normative perspective, setting out how individuals ought to be held accountable to the world for their contribution to atrocity. In addition to addressing the normative basis for ICL, the book provides criteria for determining the kinds of actions that should be addressed through international criminal law. It asks, and answers, how individual responsibility can be determined in the context of collectively perpetrated political crimes and whether an international criminal justice system can claim universality in a culturally plural world. The book scrutinizes the function of ICL and finally considers how the goals and purpose of international law can be best institutionally supported"--
Book Synopsis Moral Puzzles and Legal Perplexities by : Heidi M. Hurd
Download or read book Moral Puzzles and Legal Perplexities written by Heidi M. Hurd and published by Cambridge University Press. This book was released on 2019 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Engages with the life and work of Larry Alexander to explore puzzles and paradoxes in legal and moral theory.
Book Synopsis Natural Law and Moral Inquiry by : Robert P. George
Download or read book Natural Law and Moral Inquiry written by Robert P. George and published by . This book was released on 1998 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collects ten essays on Germain Grisez's writings. Topics include the scriptural basis of Grisez's revision of moral theology, contraception, Grisez's metaphysical work, capital punishment, and the political common good in Aquinas. The book includes a response by Grisez and Joseph Boyle, Jr. to the e
Book Synopsis Natural Moral Law in Contemporary Society by : Holger Zaborowski
Download or read book Natural Moral Law in Contemporary Society written by Holger Zaborowski and published by CUA Press. This book was released on 2010-08 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays of this volume examine natural moral law, different natural law theories, and the role that natural law can and should play in our contemporary society
Book Synopsis At the Heart of the State by : Didier Fassin
Download or read book At the Heart of the State written by Didier Fassin and published by Pluto Press (UK). This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An edited collection that explores all aspects of the state and its institutions.
Book Synopsis Constitutional Morality and the Rise of Quasi-Law by : Bruce P. Frohnen
Download or read book Constitutional Morality and the Rise of Quasi-Law written by Bruce P. Frohnen and published by Harvard University Press. This book was released on 2016-06-13 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans are increasingly ruled by an unwritten constitution consisting of executive orders, signing statements, and other forms of quasi-law that lack the predictability and consistency essential for the legal system to function properly. As a result, the U.S. Constitution no longer means what it says to the people it is supposed to govern, and the government no longer acts according to the rule of law. These developments can be traced back to a change in “constitutional morality,” Bruce Frohnen and George Carey argue in this challenging book. The principle of separation of powers among co-equal branches of government formed the cornerstone of America’s original constitutional morality. But toward the end of the nineteenth century, Progressives began to attack this bedrock principle, believing that it impeded government from “doing the people’s business.” The regime of mixed powers, delegation, and expansive legal interpretation they instituted rejected the ideals of limited government that had given birth to the Constitution. Instead, Progressives promoted a governmental model rooted in French revolutionary claims. They replaced a Constitution designed to mediate among society’s different geographic and socioeconomic groups with a body of quasi-laws commanding the democratic reformation of society. Pursuit of this Progressive vision has become ingrained in American legal and political culture—at the cost, according to Frohnen and Carey, of the constitutional safeguards that preserve the rule of law.
Book Synopsis The Rule of Rules by : Larry Alexander
Download or read book The Rule of Rules written by Larry Alexander and published by Duke University Press. This book was released on 2001-08-06 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rules perform a moral function by restating moral principles in concrete terms, so as to reduce the uncertainty, error, and controversy that result when individuals follow their own unconstrained moral judgment. Although reason dictates that we must follow rules to avoid destructive error and controversy, rules—and hence laws—are imperfect, and reason also dictates that we ought not follow them when we believe they produce the wrong result in a particular case. In The Rule of Rules Larry Alexander and Emily Sherwin examine this dilemma. Once the importance of this moral and practical conflict is acknowledged, the authors argue, authoritative rules become the central problems of jurisprudence. The inevitable gap between rules and background morality cannot be bridged, they claim, although many contemporary jurisprudential schools of thought are misguided attempts to do so. Alexander and Sherwin work through this dilemma, which lies at the heart of such ongoing jurisprudential controversies as how judges should reason in deciding cases, what effect should be given to legal precedent, and what status, if any, should be accorded to “legal principles.” In the end, their rigorous discussion sheds light on such topics as the nature of interpretation, the ancient dispute among legal theorists over natural law versus positivism, the obligation to obey law, constitutionalism, and the relation between law and coercion. Those interested in jurisprudence, legal theory, and political philosophy will benefit from the edifying discussion in The Rule of Rules.
Book Synopsis Divine Covenants and Moral Order by : David VanDrunen
Download or read book Divine Covenants and Moral Order written by David VanDrunen and published by Wm. B. Eerdmans Publishing. This book was released on 2014-05-14 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the old question of natural law in its contemporary context. David VanDrunen draws on both his Reformed theological heritage and the broader Christian natural law tradition to develop a constructive theology of natural law through a thorough study of Scripture. The biblical covenants organize VanDrunen's study. Part 1 addresses the covenant of creation and the covenant with Noah, exploring how these covenants provide a foundation for understanding God's governance of the whole world under the natural law. Part 2 treats the redemptive covenants that God established with Abraham, Israel, and the New Testament church and explores the obligations of God's people to natural law within these covenant relationships. In the concluding chapter of Divine Covenants and Moral Order VanDrunen reflects on the need for a solid theology of natural law and the importance of natural law for the Christian's life in the public square.]>
