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Author : Jeffrey B. Hammond,Helen M. Alvare
Publisher : Cambridge University Press
Page : 471 pages
File Size : 53,7 Mb
Release : 2021-06-24
Category : Law
ISBN : 9781108835381
This book explores the Christian theological, legal, constitutional, historical, and philosophical meanings of conscience for both scholarly and educated general audiences.
Author : Lynn Stout
Publisher : Princeton University Press
Page : 319 pages
File Size : 45,9 Mb
Release : 2010-10-04
Category : Law
ISBN : 9781400836000
How the science of unselfish behavior can promote law, order, and prosperity Contemporary law and public policy often treat human beings as selfish creatures who respond only to punishments and rewards. Yet every day we behave unselfishly—few of us mug the elderly or steal the paper from our neighbor's yard, and many of us go out of our way to help strangers. We nevertheless overlook our own good behavior and fixate on the bad things people do and how we can stop them. In this pathbreaking book, acclaimed law and economics scholar Lynn Stout argues that this focus neglects the crucial role our better impulses could play in society. Rather than lean on the power of greed to shape laws and human behavior, Stout contends that we should rely on the force of conscience. Stout makes the compelling case that conscience is neither a rare nor quirky phenomenon, but a vital force woven into our daily lives. Drawing from social psychology, behavioral economics, and evolutionary biology, Stout demonstrates how social cues—instructions from authorities, ideas about others' selfishness and unselfishness, and beliefs about benefits to others—have a powerful role in triggering unselfish behavior. Stout illustrates how our legal system can use these social cues to craft better laws that encourage more unselfish, ethical behavior in many realms, including politics and business. Stout also shows how our current emphasis on self-interest and incentives may have contributed to the catastrophic political missteps and financial scandals of recent memory by encouraging corrupt and selfish actions, and undermining society's collective moral compass. This book proves that if we care about effective laws and civilized society, the powers of conscience are simply too important for us to ignore.
Author : Irit Samet
Publisher : Oxford University Press, USA
Page : 241 pages
File Size : 48,7 Mb
Release : 2018
Category : Law
ISBN : 9780198766773
This book sets out to defend the claim that Equity ought to remain a separate body of law; the temptation to iron-out the differences between neighbouring doctrines on the two sides of the Equity/Common Law divide should, in most cases, be resisted. The theoretical part of the book is argues that the characteristics of Equity, namely, appeal to conscience, flexibility, retroactivity and the use of morally-freighted jargon, are essential for the implementation of a legal ideal that has been neglected by the Common Law: 'Accountability Correspondence'. According to this fundamental legal ideal, liability imposed by legal rules should correspond to the pattern of moral duty in the circumstances to which the rules apply. Equity promotes this ideal in the fields of property and obligations by disallowing parties to exploit the rule-like nature of Common Law norms in a way that breaches their moral duty to the other party. By reference to various equitable doctrines, it is argued that the faults identified by critics of Equity, especially from the perspective of the Rule of Law, are highly exaggerated, and that the criticism often reflects a political belief in the supremacy of individualism and free market over empathy and social justice. The theoretical part is followed by three chapters, each dedicated to an in-depth analysis of the equitable doctrines of fiduciary duties, proprietary estoppel, and clean hands. For each doctrine, it is shown how their equitable characteristics are indispensable for achieving their social, ethical and economic purpose.
Author : Alexander Nikolaevich Shytov
Publisher : Springer Science & Business Media
Page : 246 pages
File Size : 45,8 Mb
Release : 2013-03-14
Category : Philosophy
ISBN : 9789401597456
THE CONSCIENCE OF JUDGES AND APPLICA nON OF LEGAL RULES The book is devoted to the problem of the influence of moral judgements on the result of judicial decision-making in the process of application of the established (positive) law. It is the conscience of judges that takes the central place in the research. Conscience is understood in the meaning developed in the theory of Thomas Aquinas as the complex capacity of the human being to make moral judgements which represent acts of reason on the question of what is right or wrong in a particular situation. The reason why we need a theory of conscience in making judicial decisions lies in the nature of the positive law itself. On the one hand, there is an intrinsic conflict between the law as the body of rigid rules and the law as an living experience of those who are involved in social relationships. This conflict particularly finds its expression in the collision of strict justice and equity. The idea of equity does not reject the importance of rules in legal life. What is rejected is an idolatrous attitude to the rules when the uniqueness of a human being, his well being and happiness are disregarded and sacrificed in order to fulfil the observance of the rules. The rules themselves are neither good or bad. What makes them good or bad is their application.
Author : Stefania Tutino
Publisher : Ashgate Publishing, Ltd.
Page : 282 pages
File Size : 52,5 Mb
Release : 2007-01-01
Category : History
ISBN : 075465771X
Examining Catholic elaboration on the relationship between state and Church in late Elizabethan and Jacobean England, this book casts light on the ways in which a distinctive religious minority was able to adapt itself within a singular political context.
Author : Jeremiah Newman
Publisher : Unknown
Page : 212 pages
File Size : 46,5 Mb
Release : 1971
Category : Law
ISBN : UCAL:B4918606
Author : Dennis R. Klinck
Publisher : Routledge
Page : 328 pages
File Size : 43,6 Mb
Release : 2016-05-23
Category : History
ISBN : 9781317161950
Judicial equity developed in England during the medieval period, providing an alternative access to justice for cases that the rigid structures of the common law could not accommodate. Where the common law was constrained by precedent and strict procedural and substantive rules, equity relied on principles of natural justice - or 'conscience' - to decide cases and right wrongs. Overseen by the Lord Chancellor, equity became one of the twin pillars of the English legal system with the Court of Chancery playing an ever greater role in the legal life of the nation. Yet, whilst the Chancery was commonly - and still sometimes is - referred to as a 'court of conscience', there is remarkably little consensus about what this actually means, or indeed whose conscience is under discussion. This study tackles the difficult subject of the place of conscience in the development of English equity during a crucial period of legal history. Addressing the notion of conscience as a juristic principle in the Court of Chancery during the sixteenth and seventeenth centuries, the book explores how the concept was understood and how it figured in legal judgment. Drawing upon both legal and broader cultural materials, it explains how that understanding differed from modern notions and how it might have been more consistent with criteria we commonly associate with objective legal judgement than the modern, more 'subjective', concept of conscience. The study culminates with an examination of the chancellorship of Lord Nottingham (1673-82), who, because of his efforts to transform equity from a jurisdiction associated with discretion into one based on rules, is conventionally regarded as the father of modern, 'systematic' equity. From a broader perspective, this study can be seen as a contribution to the enduring discussion of the relationship between 'formal' accounts of law, which see it as systems of rules, and less formal accounts, which try to make room for intuitive moral or prudential reasoning.
Author : Kent Greenawalt
Publisher : Oxford University Press, USA
Page : 396 pages
File Size : 43,8 Mb
Release : 1989
Category : Law
ISBN : 9780195058246
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.
Author : David Mellinkoff
Publisher : Unknown
Page : 0 pages
File Size : 52,8 Mb
Release : 1973
Category : Defense (Criminal procedure)
ISBN : 0314284028
On trial practice, defense lawyers, and legal ethics, by discussing the murder of Lord William Russell in London, May 5, 1840, and a reconstruction of the trial of his valet, Benjamin François Courvoisier.
Author : Kimberley Brownlee
Publisher : OUP Oxford
Page : 280 pages
File Size : 43,6 Mb
Release : 2012-10-18
Category : Law
ISBN : 9780191645921
The book shows that civil disobedience is generally more defensible than private conscientious objection. Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness (CPC). According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing. The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience. Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.
Author : Susanna Mancini,Michel Rosenfeld
Publisher : Unknown
Page : 515 pages
File Size : 40,5 Mb
Release : 2018-07-05
Category : Law
ISBN : 9781107173309
Explores the multifaceted debate on the interconnection between conscientious objections, religious liberty, and the equality of women and sexual minorities.
Author : William Humphrey
Publisher : Courthope Press
Page : 244 pages
File Size : 51,9 Mb
Release : 2009-05
Category : Law
ISBN : 1444634011
Originally published in 1896, this early works on Conscience and Law is both expensive and hard to find in its first edition. PREFACE: A glance at the table of Contents will show the intestinal connection of the following chapters. The chapter on Conscience - as conscience is the internal rule of human conduct, and the chapter on law - as law is the external rule of human conduct, have suggested the title of this volume. Five of the chapters have in substance already appeared as articles in 'The Month'. These have been extended and revised. A sixth chapter on Restitution has been added; and this completes our present consideration of the subject... Many of the earliest books, particularly those dating back to the 1900's and before, are now extremely scarce and increasingly expensive. We are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.
Author : John McLaren,Harold Coward
Publisher : SUNY Press
Page : 260 pages
File Size : 55,8 Mb
Release : 1999-01-01
Category : Religion
ISBN : 0791440028
Examines claims to freedom of religion by minority, unorthodox faith groups and how these challenges to the state and the law have contributed to the development of civil rights discourse and practice.
Author : David Cowan Bayne
Publisher : Unknown
Page : 312 pages
File Size : 41,6 Mb
Release : 1966
Category : Civil law
ISBN : UCAL:B4362550
Author : Graham Hughes
Publisher : Anchor
Page : 344 pages
File Size : 48,9 Mb
Release : 1975
Category : Law
ISBN : UOM:39015001148041