Meta Ethics Moral Objectivity And Law

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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 : 50,9 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.

Objectivity in Law and Morals

Brian Leiter
Objectivity in Law and Morals Book PDF

Author : Brian Leiter
Publisher : Cambridge University Press
Page : 368 pages
File Size : 55,7 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.

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 : 46,8 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.

Dimensions of Normativity

David Plunkett,Scott J. Shapiro,Kevin Toh
Dimensions of Normativity Book PDF

Author : David Plunkett,Scott J. Shapiro,Kevin Toh
Publisher : Oxford University Press
Page : 384 pages
File Size : 48,8 Mb
Release : 2019-01-11
Category : Law
ISBN : 9780190640422

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Dimensions of Normativity by David Plunkett,Scott J. Shapiro,Kevin Toh Pdf

Understood one way, the branch of contemporary philosophical ethics that goes by the label "metaethics" concerns certain second-order questions about ethics-questions not in ethics, but rather ones about our thought and talk about ethics, and how the ethical facts (insofar as there are any) fit into reality. Analogously, the branch of contemporary philosophy of law that is often called "general jurisprudence" deals with certain second order questions about law- questions not in the law, but rather ones about our thought and talk about the law, and how legal facts (insofar as there are any) fit into reality. Put more roughly (and using an alternative spatial metaphor), metaethics concerns a range of foundational questions about ethics, whereas general jurisprudence concerns analogous questions about law. As these characterizations suggest, the two sub-disciplines have much in common, and could be thought to run parallel to each other. Yet, the connections between the two are currently mostly ignored by philosophers, or at least under-scrutinized. The new essays collected in this book are aimed at changing this state of affairs. Dimensions of Normativity collects together works by metaethicists and legal philosophers that address a number of issues that are of common interest, with the goal of accomplishing a new rapprochement between the two sub-disciplines.

Companions in Guilt Arguments in Metaethics

Christopher Cowie,Rach Cosker-Rowland
Companions in Guilt Arguments in Metaethics Book PDF

Author : Christopher Cowie,Rach Cosker-Rowland
Publisher : Routledge
Page : 224 pages
File Size : 51,7 Mb
Release : 2019-09-24
Category : Philosophy
ISBN : 9780429846410

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Companions in Guilt Arguments in Metaethics by Christopher Cowie,Rach Cosker-Rowland Pdf

Comparisons between morality and other ‘companion’ disciplines – such as mathematics, religion, or aesthetics – are commonly used in philosophy, often in the context of arguing for the objectivity of morality. This is known as the ‘companions in guilt’ strategy. It has been the subject of much debate in contemporary ethics and metaethics. This volume, the first full length examination of companions in guilt arguments, comprises an introduction by the editors and a dozen new chapters by leading authors in the field. They examine the methodology of companions in guilt arguments and their use in responding to the moral error theory, as well as specific arguments that take mathematics, epistemic norms, or aesthetics as a ‘companion’, and the use of the companions in guilt strategy to vindicate claims to moral knowledge. Companions in Guilt Arguments in Metaethics is essential reading for advanced students and researchers working in moral theory and metaethics, as well as those in epistemology and philosophy of mathematics concerned with the intersection of these subjects with ethics.

Moral Realism as a Moral Doctrine

Matthew H. Kramer
Moral Realism as a Moral Doctrine Book PDF

Author : Matthew H. Kramer
Publisher : John Wiley & Sons
Page : 400 pages
File Size : 44,9 Mb
Release : 2009-03-30
Category : Philosophy
ISBN : 1444310631

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Moral Realism as a Moral Doctrine by Matthew H. Kramer Pdf

In this major new work, Matthew Kramer seeks to establish two mainconclusions. On the one hand, moral requirements are stronglyobjective. On the other hand, the objectivity of ethics is itselfan ethical matter that rests primarily on ethical considerations.Moral realism - the doctrine that morality is indeed objective - isa moral doctrine. Major new volume in our new series New Directions inEthics Takes on the big picture - defending the objectivity of ethicswhilst rejecting the grounds of much of the existing debate betweenrealists and anti-realists Cuts across both ethical theory and metaethics Distinguished by the quality of the scholarship and itsambitious range

How Hume and Kant Reconstruct Natural Law

Kenneth R. Westphal
How Hume and Kant Reconstruct Natural Law Book PDF

Author : Kenneth R. Westphal
Publisher : Oxford University Press
Page : 208 pages
File Size : 54,7 Mb
Release : 2016-04-08
Category : Philosophy
ISBN : 9780191064111

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How Hume and Kant Reconstruct Natural Law by Kenneth R. Westphal Pdf

Kenneth R. Westphal presents an original interpretation of Hume's and Kant's moral philosophies, the differences between which are prominent in current philosophical accounts. Westphal argues that focussing on these differences, however, occludes a decisive, shared achievement: a distinctive constructivist method to identify basic moral principles and to justify their strict objectivity, without invoking moral realism nor moral anti-realism or irrealism. Their constructivism is based on Hume's key insight that 'though the laws of justice are artificial, they are not arbitrary'. Arbitrariness in basic moral principles is avoided by starting with fundamental problems of social coördination which concern outward behaviour and physiological needs; basic principles of justice are artificial because solving those problems does not require appeal to moral realism (nor to moral anti-realism). Instead, moral cognitivism is preserved by identifying sufficient justifying reasons, which can be addressed to all parties, for the minimum sufficient legitimate principles and institutions required to provide and protect basic forms of social coördination (including verbal behaviour). Hume first develops this kind of constructivism for basic property rights and for government. Kant greatly refines Hume's construction of justice within his 'metaphysical principles of justice', whilst preserving the core model of Hume's innovative constructivism. Hume's and Kant's constructivism avoids the conventionalist and relativist tendencies latent if not explicit in contemporary forms of moral constructivism.

Law: Metaphysics, Meaning, and Objectivity

Anonim
Law Metaphysics Meaning and Objectivity Book PDF

Author : Anonim
Publisher : BRILL
Page : 315 pages
File Size : 49,7 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.

What is this Thing Called Metaethics?

Matthew Chrisman
What is this Thing Called Metaethics Book PDF

Author : Matthew Chrisman
Publisher : Taylor & Francis
Page : 177 pages
File Size : 48,8 Mb
Release : 2016-11-10
Category : Philosophy
ISBN : 9781315438320

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What is this Thing Called Metaethics? by Matthew Chrisman Pdf

Are moral standards relative? Are there moral facts? What is goodness? If there moral facts are how do we learn about them? These are all questions about metaethics, the branch of ethics that studies ethical properties, statements, attitudes and judgements. To the uninitiated it can appear abstract and far removed from its two more brash cousins, ethical theory and applied ethics, yet it is one of the fastest-growing and most exciting areas of ethics. What is this thing called Metaethics? demystifies this important subject and is ideal for students coming to it for the first time. Beginning with a brief historical overview of metaethics Matthew Chrisman introduces and assesses the following key topics: moral reality: including questions about naturalism and non-naturalism, moral facts, and the distinction between realism and antirealism; moral language: does language represent reality? What mental states are expressed by moral statements? moral psychology: Hume's theory of motivation and the connection between moral judgement and motivation; moral knowledge: including moral disagreement, the distinction between internalist and externalist theories of knowledge, and theories of objectivity and relativism in metaethics; nonnaturalism; expressivism; error-theory; naturalism; contemporary theories and arguments in metaethics, including Derek Parfit, Simon Blackburn, John McDowell, Christine Korsgaard and Alan Gibbard; new directions in metaethics, such as 'metaepistemology' and 'metanormative theory'.

Reason and Ethics

Joel Marks
Reason and Ethics Book PDF

Author : Joel Marks
Publisher : Routledge
Page : 192 pages
File Size : 53,8 Mb
Release : 2020-10-01
Category : Philosophy
ISBN : 9781000198164

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Reason and Ethics by Joel Marks Pdf

Reason and Ethics defends the theoretical claim that all values are subjective and the practical claim that human affairs can be conducted fruitfully in full awareness of this. Joel Marks goes beyond his previous work defending moral skepticism to question the existence of all objective values. This leads him to suggest a novel answer to the Companions in Guilt argument that the denial of morality would mean relinquishing rationality as well. Marks disarms the argument by conceding the irreality of both morality and logic, but is still able to rescue rationality while dispensing with morality on pragmatic grounds. He then offers a positive account of how life may be lived productively without recourse to attributions and assertions of right and wrong, good and bad, and even truth and falsity. Written in an accessible and engaging style, Reason and Ethics will be of interest to scholars and students working in metaethics as well as to the generally intellectually curious.

Taking Morality Seriously

David Enoch
Taking Morality Seriously Book PDF

Author : David Enoch
Publisher : OUP Oxford
Page : 308 pages
File Size : 42,8 Mb
Release : 2011-07-28
Category : Philosophy
ISBN : 9780191618567

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Taking Morality Seriously by David Enoch Pdf

In Taking Morality Seriously: A Defense of Robust Realism David Enoch develops, argues for, and defends a strongly realist and objectivist view of ethics and normativity more broadly. This view—according to which there are perfectly objective, universal, moral and other normative truths that are not in any way reducible to other, natural truths—is familiar, but this book is the first in-detail development of the positive motivations for the view into reasonably precise arguments. And when the book turns defensive—defending Robust Realism against traditional objections—it mobilizes the original positive arguments for the view to help with fending off the objections. The main underlying motivation for Robust Realism developed in the book is that no other metaethical view can vindicate our taking morality seriously. The positive arguments developed here—the argument from the deliberative indispensability of normative truths, and the argument from the moral implications of metaethical objectivity (or its absence)—are thus arguments for Robust Realism that are sensitive to the underlying, pre-theoretical motivations for the view.

Meta-Ethics and Normative Ethics

H. J. McCloskey
Meta Ethics and Normative Ethics Book PDF

Author : H. J. McCloskey
Publisher : Springer
Page : 258 pages
File Size : 51,7 Mb
Release : 2013-11-21
Category : Philosophy
ISBN : 9789401750653

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Meta-Ethics and Normative Ethics by H. J. McCloskey Pdf

The purpose of this work is to develop a general theory of ethics which ex plains the logical status of moral judgments and the nature of the general principles which we should adopt and on the basis of which we should act. The enquiry into the logical function of moral judgments is entered into as important in its own right and as a preliminary to the normative enquiry, for it is on the basis of our conclusions in the area of meta-ethics, that we de termine the appropriate method of reaching our normative ethic. The ap proach followed in the meta-ethical enquiry is that of examining theories of the past and present with a view to seeing why and in what respects they fall, in particular, what features of moral discourse are not adequately explained or accommodated by them. A positive theory which seeks to take full account of these and an other logical features of moral discourse is then developed in terms of a modified intuitionism of the kind outlined by W. D. Ross, 'good' being explained as the name of a consequential property, 'right' in terms of moral suitability, and moral obligations as consisting in our being constrained to act in certain ways by facts we apprehend to constitute moral reasons which constrain us so to act.

Immanuel Kant’s Groundwork for the Metaphysics of Morals

Dieter Schönecker,Allen W. Wood
Immanuel Kant s Groundwork for the Metaphysics of Morals Book PDF

Author : Dieter Schönecker,Allen W. Wood
Publisher : Harvard University Press
Page : 249 pages
File Size : 48,7 Mb
Release : 2015-01-05
Category : Philosophy
ISBN : 9780674967366

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Immanuel Kant’s Groundwork for the Metaphysics of Morals by Dieter Schönecker,Allen W. Wood Pdf

A defining work of moral philosophy, Kant’s Groundwork for the Metaphysics of Morals has been influential to an extent far beyond what its modest length (roughly 75 pages) might suggest. It is also a famously difficult work, concerned with propounding universal principles rather than answering practical questions. As even professional philosophers will admit, first-time readers are not alone in finding some of its arguments perplexing. Offering an introduction that is accessible to students and relevant to specialized scholars, Dieter Schönecker and Allen Wood make luminously clear the ways the Groundwork for the Metaphysics of Morals forms the basis of our modern moral outlook: that all human beings have equal dignity as ends in themselves; that every rational being is a self-governing agent whose morality freely derives from his or her own will; and that all rational beings constitute an ideal community, bound only by the moral laws they have agreed upon. Schönecker and Wood explain key Kantian concepts of duty, the good will, and moral worth, as well as the propositions Kant uses to derive his conception of the moral law. How the law relates to freedom, and the significance of the free will within Kant’s overall philosophy are rigorously interrogated. Where differing interpretations of Kant’s claims are possible, the authors provide alternative options, giving arguments for each. This critical introduction will help readers of the Groundwork gain an informed understanding of Kant’s challenging but central philosophical work.

The Metaethics of Constitutional Adjudication

Bosko Tripkovic
The Metaethics of Constitutional Adjudication Book PDF

Author : Bosko Tripkovic
Publisher : Oxford University Press
Page : 248 pages
File Size : 41,7 Mb
Release : 2018-01-11
Category : Law
ISBN : 9780192535597

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The Metaethics of Constitutional Adjudication by Bosko Tripkovic Pdf

In this book Bosko Tripkovic develops a theory of value-based arguments in constitutional adjudication. In contrast to the standard question of constitutional theory that asks whether the courts get moral answers wrong, it asks a more fundamental question of whether the courts get the morality itself wrong. Tripkovic argues for an antirealist conception of value -one that does not presuppose the existence of mind-independent moral truths- and accounts for the effect this ought to have on existing value-based arguments made by constitutional courts. The book identifies three dominant types of value-based arguments in comparative constitutional practice: arguments from constitutional identity, common sentiment, and universal reason, and explains why they fail as self-standing approaches to moral judgment. It then suggests that the appropriate moral judgments emerge from the dynamics between practical confidence, which denotes the inescapability of the self and the evaluative attitudes it entails, and reflection, which denotes the process of challenging and questioning these attitudes. The book applies the notions of confidence and reflection to constitutional reasoning and maintains that the moral inquiry of the constitutional court ought to depart from the emotive intuitions of the constitutional community and then challenge these intuitions through reflective exposure to different perspectives in order to better understand and develop the underlying constitutional identity. The book casts new light on common constitutional dilemmas and allows us to envisage new ways of resolving them.

Moral Disagreement

Rach Cosker-Rowland
Moral Disagreement Book PDF

Author : Rach Cosker-Rowland
Publisher : Routledge
Page : 275 pages
File Size : 44,7 Mb
Release : 2020-11-25
Category : Philosophy
ISBN : 9780429957710

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Moral Disagreement by Rach Cosker-Rowland Pdf

Widespread moral disagreement raises ethical, epistemological, political, and metaethical questions. Is the best explanation of our widespread moral disagreements that there are no objective moral facts and that moral relativism is correct? Or should we think that just as there is widespread disagreement about whether we have free will but there is still an objective fact about whether we have it, similarly, moral disagreement has no bearing on whether morality is objective? More practically, is it arrogant to stick to our guns in the face of moral disagreement? Must we suspend belief about the morality of controversial actions such as eating meat and having an abortion? And does moral disagreement affect the laws that we should have? For instance, does disagreement about the justice of heavily redistributive taxation affect whether such taxation is legitimate? In this thorough and clearly written introduction to moral disagreement and its philosophical and practical implications, Rach Cosker-Rowland examines and assesses the following topics and questions: How does moral disagreement affect what we should do and believe in our day-to-day lives? Epistemic peerhood and moral disagreements with our epistemic peers Metaethics and moral disagreement Relativism, moral objectivity, moral realism, and non-cognitivism Moral disagreement and normative ethics Liberalism, democracy, and disagreement Moral compromise Moral uncertainty. Combining clear philosophical analysis with summaries of the latest research and suggestions for further reading, Moral Disagreement is ideal for students of ethics, metaethics, political philosophy, and philosophical topics that are closely related such as relativism and scepticism. It will also be of interest to those in related disciplines such as ethics and public policy and philosophy of law.