Agency Morality And Law

Author : Joshua Jowitt
Publisher : Bloomsbury Publishing
Page : 185 pages
File Size : 55,7 Mb
Release : 2023-01-12
Category : Law
ISBN : 9781509947690

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Agency, Morality and Law by Joshua Jowitt Pdf

How does law possess the normative force it requires to direct our actions? This book argues that this seemingly innocuous question is of central importance to the philosophy of law and, by extension, of the very concept of law itself. It advances a position grounded in the secular natural law tradition, and in doing so addresses the two success criteria for this position head on: Firstly, that commitment to the existence of a supreme moral principle is required; Secondly, that any supreme moral principle must be identifiable through human reason. The book argues that these conditions are met by Alan Gewirth's Principle of Generic Consistency (PGC), which – through a dialectically necessary argument – locates the existence of universally applicable moral norms in the concept of agency. Given the very purpose of law is to guide action, legal norms must be located in a unified hierarchy of practical reason. It follows that, if law is to succeed in claiming to be capable of guiding our action, moral permissibility with reference to the PGC is a necessary condition of a rule's legal validity. This strong theory of natural law is defended throughout, both against moral sceptics and positions within contemporary legal positivism.

Author : Italo Pardo
Publisher : Berghahn Books
Page : 272 pages
File Size : 43,7 Mb
Release : 2001-01-01
Category : Social Science
ISBN : 9781800733916

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Morals of Legitimacy by Italo Pardo Pdf

With the growing fragmentation of western societies and disillusionment with the political process, the question of legitimacy has become one of the key issues of contemporary politics and is examined in this volume in depth for the first time. Drawing on ethnographic material from the U.S., Europe, India, Japan, and Africa, anthropologists and legal scholars investigate the morally diversified definitions of legitimacy that co-exist in any one society. Aware of the tensions between state morality and community morality, they offer reflections on the relationship between agency - individual and collective - and the legal and political systems. In a situation in which politics has only too often degenerated into vacuous rhetoric, this volume demonstrates how critical the relationship between trust and legitimacy is for the authoritative exercise of power in democratic societies.

Author : David Rönnegard
Publisher : Springer
Page : 218 pages
File Size : 52,8 Mb
Release : 2015-05-12
Category : Philosophy
ISBN : 9789401797566

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The Fallacy of Corporate Moral Agency by David Rönnegard Pdf

It is uncontroversial that corporations are legal agents that can be held legally responsible, but can corporations also be moral agents that are morally responsible? Part one of this book explicates the most prominent theories of corporate moral agency and provides a detailed debunking of why corporate moral agency is a fallacy. This implies that talk of corporate moral responsibilities, beyond the mere metaphorical, is essentially meaningless. Part two takes the fallacy of corporate moral agency as its premise and spells out its implications. It shows how prominent normative theories within Corporate Social Responsibility, such as Stakeholder Theory and Social Contract Theory, rest on an implicit assumption of corporate moral agency. In this metaphysical respect such theories are untenable. In order to provide a more robust metaphysical foundation for corporations the book explicates the development of the corporate legal form in the US and UK, which displays how the corporation has come to have its current legal attributes. This historical evolution shows that the corporation is a legal fiction created by the state in order to serve both public and private goals. The normative implication for corporate accountability is that citizens of democratic states ought to primarily make calls for legal enactments in order to hold the corporate legal instruments accountable to their preferences.

Author : Cornelia Ulbert,Peter Finkenbusch,Elena Sondermann,Tobias Debiel
Publisher : Routledge
Page : 220 pages
File Size : 41,6 Mb
Release : 2017-11-13
Category : Political Science
ISBN : 9781351781862

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Moral Agency and the Politics of Responsibility by Cornelia Ulbert,Peter Finkenbusch,Elena Sondermann,Tobias Debiel Pdf

At a time when globalization has side-lined many of the traditional, state-based addressees of legal accountability, it is not clear yet how blame is allocated and contested in the new, highly differentiated, multi-actor governance arrangements of the global economy and world society. Moral Agency and the Politics of Responsibility investigates how actors in complex governance arrangements assign responsibilities to order the world and negotiate who is responsible for what and how. The book asks how moral duties can be defined beyond the territorial and legal confines of the nation-state; and how obligations and accountability mechanisms for a post-national world, in which responsibility remains vague, ambiguous and contested, can be established. Using an empirical as well as a theoretical perspective, the book explores ontological framings of complexity emphasizing emergence and non-linearity, which challenge classic liberal notions of responsibility and moral agency based on the autonomous subject. Moral Agency and the Politics of Responsibility is perfect for scholars from International Relations, Politics, Philosophy and Political Economy with an interest in the topical and increasingly popular topics of moral agency and complexity.

Author : Veronica Rodriguez-Blanco,George Pavlakos
Publisher : Cambridge University Press
Page : 273 pages
File Size : 42,8 Mb
Release : 2021-11-04
Category : Law
ISBN : 9781108498104

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Agency, Negligence and Responsibility by Veronica Rodriguez-Blanco,George Pavlakos Pdf

An agenda-setting multidisciplinary and interdisciplinary analysis of the complex phenomenon of responsibility in negligence.

Author : Luca Ferrero
Publisher : Routledge
Page : 492 pages
File Size : 41,7 Mb
Release : 2022-01-26
Category : Philosophy
ISBN : 9780429510762

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The Routledge Handbook of Philosophy of Agency by Luca Ferrero Pdf

One of the most basic and important distinctions we draw is between those entities with the capacity of agency and those without. As humans we enjoy agency in its full-blooded form and therefore a proper understanding of the nature of agency is of great importance to appreciate who we are and what we should expect and demand of our existence. The Routledge Handbook of Philosophy of Agency is an outstanding reference source to the key issues, problems, and debates in this exciting subject and is the first collection of its kind. Comprising 42 chapters by an international team of contributors, the Handbook is divided into eight clear parts: The Metaphysics of Agency Kinds of Agency Agency and Ability Agency: Mind, Body, and World Agency and Knowledge Agency and Moral Psychology Agency and Time Agency, Reasoning, and Normativity. A broad range of topics are covered, including the relation of agency to causation, teleology, animal agency, intentionality, planning, skills, disability, practical knowledge, self-knowledge, the will, responsibility, autonomy, identification, emotions, personal identity, reasons, morality, the law, aesthetics, and games. The Routledge Handbook of Philosophy of Agency is essential reading for students and researchers within philosophy of action, philosophy of mind, metaphysics, philosophy of psychology, and ethics.

Author : Robyn McPhail,David E. Ward
Publisher : Unknown
Page : 200 pages
File Size : 44,5 Mb
Release : 1988
Category : Philosophy
ISBN : UOM:39015043530438

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Morality and Agency by Robyn McPhail,David E. Ward Pdf

The authors argue that an understanding of human agency based on Spinoza's views can resolve the apparent conflict between the demands of happiness and the dictates of morality without damaging the unique values associated with the moral form of life espoused by Kant. Because Spinoza's views previously have been isolated from the main stream of moral philosophy in which Kant is the central figure, the insights presented in this text constitute a corrective for philosophical reflection on morality and ethics. Contents: include: Two Kinds of Value; Kant's Shadow Model of Moral Causality; Reflexive Decision-Making; Groundwork for a Transition to Spinoza; Spinoza's Account of Human Agency; Agency in Kant; Explaining Away the Evidence for Morality as a Form of Life; and The Unique Viability of the Moral Form of Life.

Author : Christine Marion Korsgaard
Publisher : Oxford University Press, USA
Page : 357 pages
File Size : 52,5 Mb
Release : 2014-05-14
Category : Philosophy
ISBN : 9780191564598

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The Constitution of Agency by Christine Marion Korsgaard Pdf

Christine M. Korsgaard is one of today's leading moral philosophers: this volume collects ten influential papers by her on practical reason and moral psychology. Korsgaard draws on the work of important figures in the history of philosophy such as Plato, Aristotle, Kant, and Hume, showing how their ideas can inform the solution of contemporary and traditional philosophical problems, such as the foundations of morality and practical reason, the nature of agency, and the role of the emotions in action. In Part 1, The Principles of Practical Reason, Korsgaard defends the view that the principles of practical reason are constitutive principles of action. By governing our actions in accordance with Kant's categorical imperative and the principle of instrumental reason, she argues, we take control of our own movements and so render ourselves active, self-determining beings. She criticizes rival attempts to give a normative foundation to the principles of practical reason, challenges the claims of the principle of maximizing one's own interests to be a rational principle, and argues for some deep continuities between Plato's account of the connection between justice and agency and Kant's account of the connection between autonomy and agency. In Part II, Moral Virtue and Moral Psychology, Korsgaard takes up the question of the role of our more passive or receptive faculties--our emotions and responses --in constituting our agency. She sketches a reading of the Nicomachean Ethics, based on the idea that our emotions can serve as perceptions of good and evil, and argues that this view of the emotions is at the root of the apparent differences between Aristotle and Kant's accounts of morality. She argues that in fact, Aristotle and Kant share a distinctive view about the locus of moral value and the nature of human choice that, among other things, gives them account of what it means to act rationally that is superior to other accounts. In Part III, Other Reflections, Korsgaard takes up question how we come to view one another as moral agents in Hume's philosophy. She examines the possible clash between the agency of the state and that of the individual that led to Kant's paradoxical views about revolution. And finally, she discusses her methodology in an account of what it means to be a constructivist moral philosopher. The essays are united by an introduction in which Korsgaard explains their connections to each other and to her current work.

Author : David Boersema
Publisher : Cambridge Scholars Publishing
Page : 205 pages
File Size : 42,8 Mb
Release : 2014-11-10
Category : Philosophy
ISBN : 9781443871099

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Dimensions of Moral Agency by David Boersema Pdf

Dimensions of Moral Agency addresses and exemplifies the multi-dimensionality of modern moral philosophy. The book is a collection of papers originally presented at the Northwest Philosophy Conference in October 2013. The papers encompass a wide variety of topics within moral philosophy, including metaethics, normative ethics, and applied ethics, and broadly fall within the areas of the nature of moral agency and moral agency as it is played out in particular aspects of people’s lived experiences. The papers include assessments of the contributions of historical figures, such as Aristotle, Epictetus, Confucius, Berkeley, and Descartes, as well as analyses of agency as it relates to individual and social moral issues like mental illness, the ethics of debt, prostitution, eco-consumerism, oppression, and species egalitarianism, among others. Also covered are concerns related to the nature of moral reasoning at the individual and social level, the relevance of love and emotion to moral agency, and moral responsibility and efficacy. Interwoven with these topics and issues are concerns related to what sorts of things are, or could be, moral agents and what constitutes a moral good; the possibility of the existence of moral knowledge or moral facts or moral truth; and what constitutes moral motivation and how that is, or is not, related to questions of moral justification.

Author : Andrews Reath
Publisher : Clarendon Press
Page : 288 pages
File Size : 52,8 Mb
Release : 2006-02-23
Category : Philosophy
ISBN : 9780191537196

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Agency and Autonomy in Kant's Moral Theory by Andrews Reath Pdf

Andrews Reath presents a selection of his best essays on various features of Kant's moral psychology and moral theory, with particular emphasis on his conception of rational agency and his conception of autonomy. The opening essays explore different elements of Kant's views about motivation, including his account of respect for morality as the distinctive moral motive and his view of the principle of happiness as a representation of the shared structure of non-moral choice. These essays stress the unity of Kant's moral psychology by arguing that moral and non-moral considerations motivate in essentially the same way. Several of the essays develop an original approach to Kant's conception of autonomy that emphasizes the political metaphors found throughout Kant's writings on ethics. They argue that autonomy is best interpreted not as a psychological capacity, but as a kind of sovereignty: in claiming that moral agents have autonomy, Kant regards them as a kind of sovereign legislator with the power to give moral law through their willing. The final essays explore some of the implications of this conception of autonomy elsewhere in Kant's moral thought, arguing that his Formula of Universal Law uses this conception of autonomy to generate substantive moral principles and exploring the connection between Kantian self-legislation and duties to oneself. The collection offers revised versions of several previously published essays, as well as two new papers, 'Autonomy of the Will as the Foundation of Morality' and 'Agency and Universal Law'. It will be of interest to all students and scholars of Kant, and to many moral philosophers.

Author : George Pavlakos,Veronica Rodriguez-Blanco
Publisher : Unknown
Page : 128 pages
File Size : 53,5 Mb
Release : 2015
Category : LAW
ISBN : 1316248127

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Reasons and Intentions in Law and Practical Agency by George Pavlakos,Veronica Rodriguez-Blanco Pdf

Author : George Pavlakos,Veronica Rodriguez-Blanco
Publisher : Cambridge University Press
Page : 343 pages
File Size : 50,7 Mb
Release : 2015-02-05
Category : Law
ISBN : 9781107070721

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Reasons and Intentions in Law and Practical Agency by George Pavlakos,Veronica Rodriguez-Blanco Pdf

A collection of new essays on the interplay between intentions and practical reasons in law and practical agency.

Author : Jeanette Kennett
Publisher : Oxford University Press
Page : 238 pages
File Size : 55,7 Mb
Release : 2003
Category : Philosophy
ISBN : 9780199266302

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Agency and Responsibility by Jeanette Kennett Pdf

Is it ever possible for people to act freely and intentionally against their better judgement? Is it ever possible to act in opposition to one's strongest desire? If either of these questions are answered in the negative, the common-sense distinctions between recklessness, weakness of willand compulsion collapse. This would threaten our ordinary notion of self-control and undermine our practice of holding each other responsible for moral failure. So a clear and plausible account of how weakness of will and self-control are possible is of great practical significance.Taking the problem of weakness of will as her starting point, Jeanette Kennett builds an admirably comprehensive and integrated account of moral agency which gives a central place to the capacity for self-control. Her account of the exercise and limits of self-control vindicates the common-sensedistinction between weakness of will and compulsion and so underwrites our ordinary allocations of moral responsibility. She addresses with clarity and insight a range of important topics in moral psychology, such as the nature of valuing and desiring, conceptions of virtue, moral conflict, andthe varieties of recklessness (here characterised as culpable bad judgement) - and does so in terms which make their relations to each other and to the challenges of real life obvious. Agency and Responsibility concludes by testing the accounts developed of self-control, moral failure, and moralresponsibility against the hard cases provided by acts of extreme evil.

Author : Peter A. Alces
Publisher : University of Chicago Press
Page : 392 pages
File Size : 55,6 Mb
Release : 2018-01-18
Category : Law
ISBN : 9780226513539

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The Moral Conflict of Law and Neuroscience by Peter A. Alces Pdf

"New insights offered by neuroscience have provoked discussions of the nature of human agency and responsibility. Alces draws on neuroscience to explore the internal contradictions of legal doctrines, and consider what would be involved in constructing novel legal regimes based on emerging understandings of human capacities and characteristics not only in criminal law but in contract and tort law."--Provided by publisher.

Author : Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University
Publisher : Rowman & Littlefield
Page : 237 pages
File Size : 45,5 Mb
Release : 2020-03-15
Category : Law
ISBN : 9781538141502

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The Dubious Morality of Modern Administrative Law by Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University Pdf

Modern administrative law has been the subject of intense and protracted intellectual debate, from legal theorists to such high-profile judicial confirmations as those conducted for Supreme Court justices Neil Gorsuch and Brett Kavanaugh. On one side, defenders of limited government argue that the growth of the administrative state threatens traditional ideas of private property, freedom of contract, and limited government. On the other, modern progressives champion a large administrative state that delegates to key agencies in the executive branch, rather than to Congress, broad discretion to implement major social and institutional reforms. In this book, Richard A. Epstein, one of America’s most prominent legal scholars, provides a withering critique of how theadministrative state has gone astray since the New Deal. First examining how federal administrative powers worked well in an earlier age of limited government, dealing with such issues as land grants, patents, tariffs and government employment contracts, Epstein then explains how modern broad mandates for delegated authority are inconsistent with the rule of law and lead to systematic abuse in a wide range of subject matter areas: environmental law; labor law; food and drug law; communications laws, securities law and more. He offers detailed critiques of major administrative laws that are now under reconsideration in the Supreme Court and provides recommendations as to how the Supreme Court can roll back the administrative state in a coherent way.