[PDF] From Morality To Law And Back Again eBook

Author : Dempsey
Publisher : Oxford University Press
Page : 305 pages
File Size : 38,83 MB
Release : 2023-08-17
Category : Law
ISBN : 0198860595

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John Gardner was one of the most prolific, widely read, and influential scholars working in philosophy of law. This book celebrates, explores, and develops themes of his work during his sixteen years as Professor of Jurisprudence at University of Oxford. Written by a team of contributors whose own work has been influenced by Gardner's and with whom he has worked closely, this book engages with many of the concepts, themes, and issues that were central to his philosophical work and outlook. It expands on his arguments, offers original rebuttals to some, and draws connections with parallel and emerging fields that have been influenced by his work. This is the first book-length treatment covering the entire range of his scholarship, and will serve as a handbook of sorts, for those scholars seeking to engage Gardner's work and make connections across the wide range of topics on which he has written. In particular, the volume comprises discussions of duties to try and succeed in relation to Hume's maxim that 'ought implies can'; the role of continuity, conservatism, and corrective justice in private law, the interrelations between wrongdoing, blame, punishment, and the justification of criminal law, justifications, excuses, and responsibility, the distinctiveness of the wrongs of rape and discrimination, as well as general jurisprudence and how it may, or may not, illuminate the questions of normativity and the nature of constitutions. The volume also engages with further concepts and questions addressed through the prism of Gardner's work, include Indigenous rights and law, Equity, corporate responsibility and the possibility of state crimes, and the nature, structure, and phenomenology of virtue. Together, the papers collected in this volume pay homage to the breadth of John Gardner's legal philosophy. The conversations begun, or continued, in this volume will continue to inform the contributors' future work, and thus increase the likelihood that John's body of work will have an ever greater influence on the future of legal philosophy.

Author : Michelle Madden Dempsey
Publisher : Oxford University Press
Page : 305 pages
File Size : 33,13 MB
Release : 2023-07-18
Category : Law
ISBN : 0192604678

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John Gardner was one of the most prolific, widely read, and influential scholars working in philosophy of law. This book celebrates, explores, and develops themes of his work during his sixteen years as Professor of Jurisprudence at University of Oxford. Written by a team of contributors whose own work has been influenced by Gardner's and with whom he has worked closely, this book engages with many of the concepts, themes, and issues that were central to his philosophical work and outlook. It expands on his arguments, offers original rebuttals to some, and draws connections with parallel and emerging fields that have been influenced by his work. This is the first book-length treatment covering the entire range of his scholarship, and will serve as a handbook of sorts, for those scholars seeking to engage Gardner's work and make connections across the wide range of topics on which he has written. In particular, the volume comprises discussions of duties to try and succeed in relation to Hume's maxim that 'ought implies can'; the role of continuity, conservatism, and corrective justice in private law, the interrelations between wrongdoing, blame, punishment, and the justification of criminal law, justifications, excuses, and responsibility, the distinctiveness of the wrongs of rape and discrimination, as well as general jurisprudence and how it may, or may not, illuminate the questions of normativity and the nature of constitutions. The volume also engages with further concepts and questions addressed through the prism of Gardner's work, include Indigenous rights and law, Equity, corporate responsibility and the possibility of state crimes, and the nature, structure, and phenomenology of virtue. Together, the papers collected in this volume pay homage to the breadth of John Gardner's legal philosophy. The conversations begun, or continued, in this volume will continue to inform the contributors' future work, and thus increase the likelihood that John's body of work will have an ever greater influence on the future of legal philosophy.

Author : Roslyn Muraskin
Publisher : Pearson
Page : 182 pages
File Size : 34,10 MB
Release : 2001
Category : Business & Economics
ISBN :

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This is a work on the role of morality in the various components of the criminal justice system. Specifically the role of defense counsel and prosecutor, the role of the police, the court, corrections, probation and parole officers, and the victims of crimes themselves as well as related issues.

Author : David Dyzenhaus
Publisher : University of Toronto Press
Page : 1095 pages
File Size : 47,90 MB
Release : 2007-01-01
Category : Law
ISBN : 0802094899

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Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law. The volume begins with essays that explore general questions about morality and law, surveying the traditional literature on legal positivism and contemporary debates about the connection between law and morality. These essays explore the tensions between law as a protector of individual liberty and as a tool of democratic self-rule, and introduce debates about adjudication and the contribution of feminist approaches to the philosophy of law. New material on the Chinese Canadian head tax case is also featured. The second part of Law and Morality deals with philosophical questions as they apply to contemporary issues. Excerpts from judicial decisions as well as essays by practicing lawyers are included to provide theoretically informed legal analyses of the issues. Striking a balance between practical and more analytic, philosophical approaches, the volume's treatment of the philosophy of law as a branch of political philosophy enables students to understand law in its function as a social institution. Law and Morality has proved to be an essential text in both departments of philosophy and faculties of law and this latest edition brings the debates fully up to date, filling gaps in the previous editions and adding to the array of contemporary issues previously covered.

Author : Norman L. Geisler
Publisher : Wipf and Stock Publishers
Page : 272 pages
File Size : 46,3 MB
Release : 2003-02-12
Category : Religion
ISBN : 1725254336

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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.

Author : Brad Warner
Publisher : Simon and Schuster
Page : 233 pages
File Size : 47,14 MB
Release : 2015-12
Category : Biography & Autobiography
ISBN : 1614293163

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Zen, plain and simple, with no BS. This is not your typical Zen book. Brad Warner, a young punk who grew up to be a Zen master, spares no one. This bold new approach to the "Why?" of Zen Buddhism is as strongly grounded in the tradition of Zen as it is utterly revolutionary. Warner's voice is hilarious, and he calls on the wisdom of everyone from punk and pop culture icons to the Buddha himself to make sure his points come through loud and clear. As it prods readers to question everything, Hardcore Zen is both an approach and a departure, leaving behind the soft and lyrical for the gritty and stark perspective of a new generation. This new edition will feature an afterword from the author.

Author : Stephen Darwall
Publisher : Harvard University Press
Page : 363 pages
File Size : 48,31 MB
Release : 2009-09-30
Category : Philosophy
ISBN : 0674034627

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Why should we avoid doing moral wrong? The inability of philosophy to answer this question in a compelling manner—along with the moral skepticism and ethical confusion that ensue—result, Stephen Darwall argues, from our failure to appreciate the essentially interpersonal character of moral obligation. After showing how attempts to vindicate morality have tended to change the subject—falling back on non-moral values or practical, first-person considerations—Darwall elaborates the interpersonal nature of moral obligations: their inherent link to our responsibilities to one another as members of the moral community. As Darwall defines it, the concept of moral obligation has an irreducibly second-person aspect; it presupposes our authority to make claims and demands on one another. And so too do many other central notions, including those of rights, the dignity of and respect for persons, and the very concept of person itself. The result is nothing less than a fundamental reorientation of moral theory that enables it at last to account for morality’s supreme authority—an account that Darwall carries from the realm of theory to the practical world of second-person attitudes, emotions, and actions.

Author : Richard Joyce
Publisher : MIT Press
Page : 285 pages
File Size : 14,55 MB
Release : 2007-08-24
Category : Philosophy
ISBN : 0262263254

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Moral thinking pervades our practical lives, but where did this way of thinking come from, and what purpose does it serve? Is it to be explained by environmental pressures on our ancestors a million years ago, or is it a cultural invention of more recent origin? In The Evolution of Morality, Richard Joyce takes up these controversial questions, finding that the evidence supports an innate basis to human morality. As a moral philosopher, Joyce is interested in whether any implications follow from this hypothesis. Might the fact that the human brain has been biologically prepared by natural selection to engage in moral judgment serve in some sense to vindicate this way of thinking—staving off the threat of moral skepticism, or even undergirding some version of moral realism? Or if morality has an adaptive explanation in genetic terms—if it is, as Joyce writes, "just something that helped our ancestors make more babies"—might such an explanation actually undermine morality's central role in our lives? He carefully examines both the evolutionary "vindication of morality" and the evolutionary "debunking of morality," considering the skeptical view more seriously than have others who have treated the subject. Interdisciplinary and combining the latest results from the empirical sciences with philosophical discussion, The Evolution of Morality is one of the few books in this area written from the perspective of moral philosophy. Concise and without technical jargon, the arguments are rigorous but accessible to readers from different academic backgrounds. Joyce discusses complex issues in plain language while advocating subtle and sometimes radical views. The Evolution of Morality lays the philosophical foundations for further research into the biological understanding of human morality.

Author : Mark C. Murphy
Publisher : Oxford University Press
Page : 204 pages
File Size : 11,41 MB
Release : 2011-11-17
Category : Law
ISBN : 0199693668

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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.