Legal Moral And Metaphysical Truths

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Legal, Moral, and Metaphysical Truths

Kimberly Kessler Ferzan,Stephen J. Morse
Legal Moral and Metaphysical Truths Book PDF

Author : Kimberly Kessler Ferzan,Stephen J. Morse
Publisher : Oxford University Press
Page : 490 pages
File Size : 49,8 Mb
Release : 2016-04-14
Category : Law
ISBN : 9780191008979

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Legal, Moral, and Metaphysical Truths by Kimberly Kessler Ferzan,Stephen J. Morse Pdf

Perhaps more than any other scholar, Michael Moore has argued that there are deep and necessary connections between metaphysics, morality, and law. Moore has developed every contour of a theory of criminal law, from philosophy of action to a theory of causation. Indeed, not only is he the central figure in retributive punishment but his moral realist position places him at the center of many jurisprudential debates. Comprising of essays by leading scholars, this volume dicusses and challenges the work of Michael Moore from one or more of the areas where he has made a lasting contribution, namely, law, morality, metaphysics, psychiatry, and neuroscience. The volume begins with a riveting contribution by Heidi Hurd, wherein she takes an unadorned and unabashed look at the man behind this monumental body of work, full of both triumphs and sadness. A number of essays focus on Moore's view of the purpose and justification of the criminal law, specifically his endorsement of retributivism and legal moralism. The book then addresses Moore's work in the various aspects of the general part of the criminal law, including Moore's position on how to understand criminal acts for double jeopardy purposes, Moore's claim that accomplice liability is superfluous, Moore's views about the culpability of negligence, and the relationship between that view and proximate causation. Furthermore, the subject of defences in criminal law is addressed, including self-defence as well as the intersection of the psychiatry, cognitive neuroscience, and the criminal law. Also discussed are features of morality, and Moore's work in general jurisprudence. Finally, Moore concludes the volume with an essay that defends and delineates the features of his views.

Legal, Moral, and Metaphysical Truths

Kimberly Kessler Ferzan,Stephen J. Morse
Legal Moral and Metaphysical Truths Book PDF

Author : Kimberly Kessler Ferzan,Stephen J. Morse
Publisher : Oxford University Press
Page : 465 pages
File Size : 54,8 Mb
Release : 2016
Category : Law
ISBN : 9780198703242

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Legal, Moral, and Metaphysical Truths by Kimberly Kessler Ferzan,Stephen J. Morse Pdf

Reviewing the work of legal philosopher Michael S. Moore, this volume examines how crimes ought to be defined, what justifies punishment, what moral commitments underlie the law, how our understanding of concepts such as causation impact law and morality, and how psychiatry and cognitive neuroscience relate to law.

Objectivity in Ethics and Law

Michael S. Moore
Objectivity in Ethics and Law Book PDF

Author : Michael S. Moore
Publisher : Ashgate Publishing
Page : 440 pages
File Size : 55,8 Mb
Release : 2004
Category : Judgment
ISBN : STANFORD:36105063654920

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Objectivity in Ethics and Law by Michael S. Moore Pdf

This volume collects six of Michael Moore's influential studies on moral and legal objectivity. Presented in an accessible format, the essays are brought together by a thought-provoking introduction. Contents: Introduction ETHICS Moral reality Moral reality revisited Good without God LAW Law as justice The plain truth about legal truth Legal reality: a naturalist approach to legal ontology NAME INDEX.

Causation and Responsibility

Michael S. Moore
Causation and Responsibility Book PDF

Author : Michael S. Moore
Publisher : Oxford University Press
Page : 635 pages
File Size : 52,8 Mb
Release : 2010-07-15
Category : Law
ISBN : 9780199599516

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Causation and Responsibility by Michael S. Moore Pdf

The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the relationship between causation and responsibility remains unclear. What precisely is the connection between the concept of causation used in attributing responsibility and the accounts of causal relations offered in the philosophy of science and metaphysics? How much of what we call causal responsibility is in truth defined by non-causal factors? This book argues that much of thelegal doctrine on these questions is confused and incoherent, and offers the first comprehensive attempt since Hart and Honoré to clarify the philosophical background to the legal and moral debates.The book first sets out the place of causation in criminal and tort law and outlines the metaphysics presupposed by the legal doctrine. It then analyses the best theoretical accounts of causation in the philosophy of science and metaphysics, and using these accounts criticises many of the core legal concepts surrounding causation - such as intervening causation, forseeability of harm and complicity. It considers and rejects the radical proposals to eliminate the notion of causation from law byusing risk analysis to attribute responsibility. The result of the analysis is a powerful argument for revising our understanding of the role played by causation in the attribution of legal and moral responsibility.

Law: Metaphysics, Meaning, and Objectivity

Anonim
Law Metaphysics Meaning and Objectivity Book PDF

Author : Anonim
Publisher : BRILL
Page : 315 pages
File Size : 46,5 Mb
Release : 2007-01-01
Category : Law
ISBN : 9789401205658

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Law: Metaphysics, Meaning, and Objectivity by Anonim Pdf

Papers in philosophy of law by some of the younger cutting-edge contributors to the field. Two sets of issues of crucial current importance are taken up. The first part deals with issues of meaning and objectivity in the metaphysics of law. The second part is about rights theory. This volume will be required reading for anyone interested in philosophy of law, and also of use for those with broader interests in ethics, metaethics, and social and political philosophy.

Law's Meaning of Life

Ngaire Naffine
Law s Meaning of Life Book PDF

Author : Ngaire Naffine
Publisher : Bloomsbury Publishing
Page : 224 pages
File Size : 46,6 Mb
Release : 2009-01-06
Category : Law
ISBN : 9781847314826

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Law's Meaning of Life by Ngaire Naffine Pdf

The perennial question posed by the philosophically-inclined lawyer is 'What is law?' or perhaps 'What is the nature of law?' This book poses an associated, but no less fundamental, question about law which has received much less attention in the legal literature. It is: 'Who is law for?' Whenever people go to law, they are judged for their suitability as legal persons. They are given or refused rights and duties on the basis of ideas about who matters. These ideas are basic to legal-decision making; they form the intellectual and moral underpinning of legal thought. They help to determine whether law is essentially for rational human beings or whether it also speaks to and for human infants, adults with impaired reasoning, the comotose, foetuses and even animals. Are these the right kind of beings to enter legal relationships and so become legal persons. Are they, for example, sufficiently rational, or sacred or simply human? Is law meant for them? This book reveals and evaluates the type of thinking that goes into these fundamental legal and metaphysical determinations about who should be capable of bearing legal rights and duties. It identifies and analyses four influential ways of thinking about law's person, each with its own metaphysical suppositions. One approach derives from rationalist philosophy, a second from religion, a third from evolutionary biology while the fourth is strictly legalistic and so endeavours to eschew metaphysics altogether. The book offers a clear, coherent and critical account of these complex moral and intellectual processes entailed in the making of legal persons.

Theorizing Legal Punishment

Richard L. Lippke
Theorizing Legal Punishment Book PDF

Author : Richard L. Lippke
Publisher : Taylor & Francis
Page : 259 pages
File Size : 53,9 Mb
Release : 2024-02-06
Category : Law
ISBN : 9781003849483

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Theorizing Legal Punishment by Richard L. Lippke Pdf

This book systematically defends an account of the institution of legal punishment that draws on both retributive and crime-prevention thinking. The work argues that legal punishment censures convicted offenders and thus morally communicates with them, any victims, and the broader community, while also serving to reduce future crime. The expressive or retributive element is assigned the lead role in this mixed account because it better captures the notion that members of society are to be held morally accountable for their failures to abide by defensible criminal prohibitions of various kinds. Despite this, it is conceded that the reduction of crime plays a vital role in justifying the institution of legal punishment and the book contains extended discussion of how and why this is so. Beyond its explication of the aims of legal punishment and their respective roles within a mixed theory, the study devotes separate chapters to sentencing, criminal procedure, and the imposition of fees and collateral legal consequences on individuals who have been convicted of crimes and fully served their sentences. In these ways, the work moves beyond discussion of the abstract aims of legal punishment to details of the institution’s internal structure and operations. The many historical deficiencies and failures of the institution are duly noted and the challenges they pose for punishment theorizing are examined. The book closes with discussion of the limited success of punishment institutions in apprehending, convicting, and punishing those who violate the law, including many who do so in serious ways. Alternatives to reliance on legal punishment institutions are briefly examined. In the end, retention of such institutions is urged although it is suggested that we ought to have modest expectations about their ultimate success. The work will be of interest to those working in the areas of Legal Philosophy and Criminology.

Meta-ethics, Moral Objectivity and Law

Veronica Rodriguez-Blanco
Meta ethics Moral Objectivity and Law Book PDF

Author : Veronica Rodriguez-Blanco
Publisher : Brill Mentis
Page : 212 pages
File Size : 52,5 Mb
Release : 2004
Category : History
ISBN : UOM:39015063264256

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Meta-ethics, Moral Objectivity and Law by Veronica Rodriguez-Blanco Pdf

The book shows the relevance of meta-ethical and metaphysical considerations to determine the nature of law and the connection between objective moral and legal judgements. The investigation analyses the legal theories of Ronald Dworkin, Jürgen Habermas and Michael Moore. The conclusion of the scrutiny is that the discussed views fail to explain the plausible links between objective moral and legal judgements. The lesson to learn from the failure of these philosophical perspectives is that we need to revise fundamental meta-ethical conceptions within law. In addition to the view that meta-ethical and metaphysical considerations play a central role in our understanding of objective moral and legal judgements, we enforce the idea that it is necessary to revise our meta-ethical and metaphysical premises in jurisprudence. Epistemic and meta-ethical abstinence in legal theory, in this way, is challenged by a number of criticisms. The outcome of our reflection is that in legal theory, as in many other disciplines, we need to take truth and objectivity seriously.

The Natural Law Reader

Jacqueline A. Laing,Russell Wilcox
The Natural Law Reader Book PDF

Author : Jacqueline A. Laing,Russell Wilcox
Publisher : John Wiley & Sons
Page : 468 pages
File Size : 43,6 Mb
Release : 2013-09-23
Category : Law
ISBN : 9781444333213

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The Natural Law Reader by Jacqueline A. Laing,Russell Wilcox Pdf

The Natural Law Reader features a selection of readings in metaphysics, jurisprudence, politics, and ethics that are all related to the classical Natural Law tradition in the modern world. Features a concise presentation of the natural law position that offers the reader a focal point for discussion of ancient and contemporary ideas in the natural law tradition Draws upon the metaphysical and ethical categories put forth and developed by Aristotle and Aquinas Points to the historical significance and contemporary relevance of the Natural Law tradition Reflects on a revival of interest in the tradition of virtue ethics and human rights

The Realm of Criminal Law

R A Duff
The Realm of Criminal Law Book PDF

Author : R A Duff
Publisher : Oxford University Press
Page : 373 pages
File Size : 46,8 Mb
Release : 2018-06-14
Category : Law
ISBN : 9780191058578

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The Realm of Criminal Law by R A Duff Pdf

We are said to face a crisis of over-criminalization: our criminal law has become chaotic, unprincipled, and over-expansive. This book proposes a normative theory of criminal law, and of criminalization, that shows how criminal law could be ordered, principled, and restrained. The theory is based on an account of criminal law as a distinctive legal practice that functions to declare and define a set of public wrongs, and to call to formal public account those who commit such wrongs; an account of the role that such practice can play in a democratic republic of free and equal citizens; and an account of the central features of such a political community, and of the way in which it constitutes its public realm-its civil order. Criminal law plays an important, but limited, role in such a political community in protecting, but also partly constituting, its civil order. On the basis of this account, we can see how such a political community will decide what kinds of conduct should be criminalized - not by applying one or more of the substantive master principles that theorists have offered, but by considering which kinds of conduct fall within its public realm (as distinct from the private realms that are not the polity's business), and which kinds of wrong within that realm require this distinctive kind of response (rather than one of the other kinds of available response). The outcome of such a deliberative process will probably be a more limited, and a more rational and principled, criminal law.

Moral Puzzles and Legal Perplexities

Heidi M. Hurd
Moral Puzzles and Legal Perplexities Book PDF

Author : Heidi M. Hurd
Publisher : Cambridge University Press
Page : 491 pages
File Size : 49,5 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.

Law and Truth

Dennis Michael Patterson
Law and Truth Book PDF

Author : Dennis Michael Patterson
Publisher : Oxford University Press, USA
Page : 202 pages
File Size : 44,8 Mb
Release : 1996
Category : Filosofía del derecho
ISBN : 9780195132472

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Law and Truth by Dennis Michael Patterson Pdf

Taking up a single question--"What does it mean to say a proposition of law is true?"--this book advances a major new account of truth in law. Drawing upon the later philosophy of Wittgenstein, as well as more recent postmodern theory of the relationship between language, meaning, and the world, Patterson examines leading contemporary jurisprudential approaches to this question and finds them flawed in similar and previously unnoticed ways. He offers a powerful alternative account of legal justification, one in which linguistic practice--the use of forms of legal argument--holds the key to legal meaning.

Critical Essays on "Causation and Responsibility"

Benedikt Kahmen,Markus Stepanians
Critical Essays on Causation and Responsibility Book PDF

Author : Benedikt Kahmen,Markus Stepanians
Publisher : Walter de Gruyter
Page : 432 pages
File Size : 52,5 Mb
Release : 2013-10-14
Category : Philosophy
ISBN : 9783110302295

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Critical Essays on "Causation and Responsibility" by Benedikt Kahmen,Markus Stepanians Pdf

Due to its scope and depth, Moore’s Causation and Responsibility is probably the most important publication in the philosophy of law since the publication of Hart’s and Honoré’s Causation in the Law in 1959. This volume offers, for the first time, a detailed exchange between legal and philosophical scholars over Moore’s most recent work. In particular, it pioneers the dialogue between English-speaking and German philosophy of law on a broad range of pressing foundational questions concerning causation in the law. It thereby fulfills the need for a comprehensive, international and critical discussion of Moore’s influential arguments. The 15 contributors to the proposed volume span the whole interdisciplinary field from law and morals to metaphysics, and the authors include distinguished criminal and tort lawyers, as well as prominent theoretical and practical philosophers from four nations. In addition, young researchers take brand-new approaches in the field. The collection is essential reading for anyone interested in legal and moral theory.

Criminal Law Without Punishment

Valerij Zisman
Criminal Law Without Punishment Book PDF

Author : Valerij Zisman
Publisher : Walter de Gruyter GmbH & Co KG
Page : 244 pages
File Size : 47,8 Mb
Release : 2023-09-05
Category : Philosophy
ISBN : 9783111027821

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Criminal Law Without Punishment by Valerij Zisman Pdf

How can criminal punishment be morally justified? Zisman addresses this classical question in legal philosophy. He provides two maybe surprising answers to the question. First, as for a methodological claim, it argues that this question cannot be answered by philosophers and legal scholars alone. Rather, we need to take into account research from social psychology, economy, anthropology, and so on in order to properly analyze the arguments in defense of criminal punishment. Second, the book argues that when such research is properly accounted for, none of the current attempts to justify criminal punishment succeed. But that does not imply that the state should do nothing about criminal wrongdoing. Rather, the arguments that were supposed to justify criminal punishment actually speak in favor of an alternative approach to criminal law: restitution to the victim and restorative justice. That is to say, the state should coerce offenders to provide restitution for the harm inflicted on victims, and whenever possible restorative approaches should be taken to address criminal wrongdoing.

Ignorance of Law

Douglas Husak
Ignorance of Law Book PDF

Author : Douglas Husak
Publisher : Oxford University Press
Page : 272 pages
File Size : 50,5 Mb
Release : 2016-07-21
Category : Law
ISBN : 9780190604707

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Ignorance of Law by Douglas Husak Pdf

This book argues that ignorance of law should usually be a complete excuse from criminal liability. It defends this conclusion by invoking two presumptions: first, the content of criminal law should conform to morality; second, mistakes of fact and mistakes of law should be treated symmetrically. The author grounds his position in an underlying theory of moral and criminal responsibility according to which blameworthiness consists in a defective response to the moral reasons one has. Since persons cannot be faulted for failing to respond to reasons for criminal liability they do not believe they have, then ignorance should almost always excuse. But persons are somewhat responsible for their wrongs when their mistakes of law are reckless, that is, when they consciously disregard a substantial and unjustifiable risk that their conduct might be wrong. This book illustrates this with examples and critiques the arguments to the contrary offered by criminal theorists and moral philosophers. It assesses the real-world implications for the U.S. system of criminal justice. The author describes connections between the problem of ignorance of law and other topics in moral and legal theory.