From Morality To Law And Back Again

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From Morality to Law and Back Again: Liber Amicorum for John Gardner

Author : Dempsey
Publisher : Oxford University Press
Page : 305 pages
File Size : 45,6 Mb
Release : 2023-08-17
Category : Law
ISBN : 9780198860594

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From Morality to Law and Back Again: Liber Amicorum for John Gardner by Dempsey Pdf

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.

From Morality to Law and Back Again

Author : Michelle Madden Dempsey,François Tanguay-Renaud
Publisher : Unknown
Page : 0 pages
File Size : 46,9 Mb
Release : 2023
Category : Law
ISBN : 0191892637

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From Morality to Law and Back Again by Michelle Madden Dempsey,François Tanguay-Renaud Pdf

Law and Morality

Author : David Dyzenhaus,Sophia Reibetanz Moreau,Arthur Ripstein
Publisher : University of Toronto Press
Page : 1095 pages
File Size : 45,5 Mb
Release : 2007-01-01
Category : Law
ISBN : 9780802094896

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Law and Morality by David Dyzenhaus,Sophia Reibetanz Moreau,Arthur Ripstein Pdf

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.

Conflicts of Law and Morality

Author : Kent Greenawalt
Publisher : Oxford University Press, USA
Page : 396 pages
File Size : 41,6 Mb
Release : 1989
Category : Law
ISBN : 9780195058246

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Conflicts of Law and Morality by Kent Greenawalt Pdf

Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws.

The Morality of Law

Author : Lon Luvois Fuller
Publisher : Yale University Press
Page : 272 pages
File Size : 50,9 Mb
Release : 1969
Category : Law
ISBN : 9780300004724

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The Morality of Law by Lon Luvois Fuller Pdf

Morality and the Law

Author : Richard A. Wasserstrom
Publisher : Unknown
Page : 168 pages
File Size : 52,6 Mb
Release : 1971
Category : Law
ISBN : UOM:39015002840513

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Morality and the Law by Richard A. Wasserstrom Pdf

Law and Morality

Author : KennethEinar Himma
Publisher : Routledge
Page : 527 pages
File Size : 52,5 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351560801

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Law and Morality by KennethEinar Himma Pdf

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.

Contract Law and Social Morality

Author : Peter M. Gerhart
Publisher : Cambridge University Press
Page : 233 pages
File Size : 45,6 Mb
Release : 2021-02-18
Category : Law
ISBN : 9781107136762

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Contract Law and Social Morality by Peter M. Gerhart Pdf

A concise and readable guide to reasoning about the source and content of contractual obligations when disagreements arise.

The Common Law

Author : Oliver Wendell Holmes
Publisher : Good Press
Page : 337 pages
File Size : 40,9 Mb
Release : 2019-11-19
Category : Law
ISBN : EAN:4057664139382

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The Common Law by Oliver Wendell Holmes Pdf

'The Common Law' is a book that was written by Oliver Wendell Holmes Jr., 21 years before Holmes became an Associate Justice of the Supreme Court of the United States. The book is about common law in the United States, including torts, property, contracts, and crime. It is written as a series of lectures. One of the most famous aphorisms to be drawn from this book occurs on the first page: "The life of the law has not been logic: it has been experience."

Law and Morals

Author : Roscoe Pound
Publisher : Unknown
Page : 172 pages
File Size : 50,5 Mb
Release : 1926
Category : Ethics
ISBN : UOM:39015063534930

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Law and Morals by Roscoe Pound Pdf

Law and Morality

Author : David Dyzenhaus,Sophia Reibetanz Moreau,Arthur Ripstein
Publisher : Unknown
Page : 0 pages
File Size : 46,5 Mb
Release : 2007
Category : Law
ISBN : OCLC:1392415187

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Law and Morality by David Dyzenhaus,Sophia Reibetanz Moreau,Arthur Ripstein Pdf

Moral Puzzles and Legal Perplexities

Author : Heidi M. Hurd
Publisher : Cambridge University Press
Page : 491 pages
File Size : 44,8 Mb
Release : 2018-11-22
Category : Law
ISBN : 9781316510452

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Moral Puzzles and Legal Perplexities by Heidi M. Hurd Pdf

Engages with the life and work of Larry Alexander to explore puzzles and paradoxes in legal and moral theory.

I, Me, Mine

Author : Béatrice Longuenesse
Publisher : Oxford University Press
Page : 278 pages
File Size : 54,9 Mb
Release : 2017-01-12
Category : Philosophy
ISBN : 9780192514332

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I, Me, Mine by Béatrice Longuenesse Pdf

Béatrice Longuenesse presents an original exploration of our understanding of ourselves and the way we talk about ourselves. In the first part of the book she discusses contemporary analyses of our use of 'I' in language and thought, and compares them to Kant's account of self-consciousness, especially the type of self-consciousness expressed in the proposition 'I think.' According to many contemporary philosophers, necessarily, any instance of our use of 'I' is backed by our consciousness of our own body. For Kant, in contrast, 'I think' just expresses our consciousness of being engaged in bringing rational unity into the contents of our mental states. In the second part of the book, Longuenesse analyzes the details of Kant's view and argues that contemporary discussions in philosophy and psychology stand to benefit from Kant's insights into self-consciousness and the unity of consciousness. The third and final part of the book outlines similarities between Kant's view of the structure of mental life grounding our uses of 'I' in 'I think' and in the moral 'I ought to,' on the one hand; and Freud's analysis of the organizations of mental processes he calls 'ego' and 'superego' on the other hand. Longuenesse argues that Freudian metapsychology offers a path to a naturalization of Kant's transcendental view of the mind. It offers a developmental account of the normative capacities that ground our uses of 'I,' which Kant thought could not be accounted for without appealing to a world of pure intelligences, distinct from the empirical, natural world of physical entities.

Objectivity in Law and Morals

Author : Brian Leiter
Publisher : Cambridge University Press
Page : 368 pages
File Size : 52,6 Mb
Release : 2001
Category : Law
ISBN : 9780521554305

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Objectivity in Law and Morals by Brian Leiter Pdf

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.

An Introduction to the Principles of Morals and Legislation

Author : Jeremy Bentham
Publisher : Unknown
Page : 300 pages
File Size : 49,7 Mb
Release : 1823
Category : Crime
ISBN : OXFORD:300150518

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An Introduction to the Principles of Morals and Legislation by Jeremy Bentham Pdf

Bentham's treatise on the foundations of law and government.