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Author : Michael J. Perry
Publisher : Oxford University Press, USA
Page : 336 pages
File Size : 46,7 Mb
Release : 1990
Category : Constitutional law
ISBN : 9780195064568
This treatise explores the proper relationship of moral and religious beliefs to politics and law, focusing particularly on the USA, a country which, the author argues, is morally and religiously pluralistic.
Author : John-Michael Kuczynski
Publisher : John-Michael Kuczynski
Page : 752 pages
File Size : 45,8 Mb
Release : 2024-06-30
Category : Philosophy
ISBN : 8210379456XXX
A rigorous analysis of the foundations of political and legal theory.
Author : Thomas Aquinas,Richard J. Regan,William P. Baumgarth
Publisher : Hackett Publishing
Page : 260 pages
File Size : 46,6 Mb
Release : 2003-03-07
Category : Philosophy
ISBN : 0872206637
The second edition retains the selection of texts presented in the first edition but offers them in new translations by Richard J Regan -- including that of his Aquinas, Treatise on Law (Hackett, 2000). A revised Introduction and glossary, an updated select bibliography, and the inclusion of summarising headnotes for each of the units -- Conscience, Law, Justice, Property, War and Killing, Obedience and Rebellion, and Practical Wisdom and Statecraft -- further enhance its usefulness.
Author : Joseph Raz
Publisher : Oxford University Press
Page : 128 pages
File Size : 45,5 Mb
Release : 1994-06-16
Category : Law
ISBN : 9780191018756
This new collection of essays opens with a pivotal essay, not previously published, on the implications of the moral duties which arise out of concern for the well-being of others. The first part of the book concentrates on the consequences of two central aspects of well-being: the importance of membership in groups - the role of belonging - and the active character of well-being - that it largely consists in successful activities. Both aspects have far-reaching political implications, explored in essays on free expression, national self-determination, and multiculturalism, among others. Against the background of the moral and political views developed in the first part, the second part of the book explores various aspects of the dynamic inter-relations between law and morality, offering some building blocks towards a theory of law.
Author : Kent Greenawalt
Publisher : Oxford University Press, USA
Page : 396 pages
File Size : 55,6 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 : Ellen Frankel Paul,Jeffrey Paul
Publisher : Cambridge University Press
Page : 380 pages
File Size : 45,9 Mb
Release : 2004-02-09
Category : Philosophy
ISBN : 0521542219
Divisions abound as to whether politics should be held responsible to a higher moral standard or whether pragmatic considerations, or realpolitik, should prevail. The two poles are represented most conspicuously by Aristotle (for whom the proper aim of politics is moral virtue) and Machiavelli (whose prince exalted political pragmatism over morality). The fourteen contributions to this volume address perennial concerns in political and moral theory. They underscore the rekindled yearning of many to hold the political realm to a higher standard despite the skepticism of dissenters who question the likelihood, or even the desirability, of success.
Author : Vladimir Soloviev
Publisher : Yale University Press
Page : 363 pages
File Size : 47,9 Mb
Release : 2008-10-01
Category : Political Science
ISBN : 9780300128376
Considered one of Russia’s greatest philosophers, Vladimir Soloviev (1853–1900) was also a theologian, historian, poet, and social and political critic. His works have emerged to enjoy renewed attention in post–Soviet Russia, and his concerns echo in contemporary discussions of politics, law, and morality. In this collection of Soloviev’s essays—many translated into English for the first time—the philosopher explores an array of social issues, from the death penalty to nationalism to women’s rights. Soloviev reacts against the tradition of European rationalist thought and seeks to synthesize religious philosophy, science, and ethics in the context of a universal Christianity. In these writings he reveals the centrality of human rights in his Christian worldview, not only as an abstract theory but also as an inspiration in everyday life. In a substantive introduction and copious annotations to the essays, Vladimir Wozniuk points out distinctive and often overlooked features of Soloviev’s works while illuminating his place within both the Russian and Western intellectual traditions.
Author : Cecelia Lynch,Michael Maurice Loriaux
Publisher : U of Minnesota Press
Page : 342 pages
File Size : 51,5 Mb
Release : 2000
Category : Political Science
ISBN : 0816631700
Defined by custom and treaty, and now increasingly embodied in charters, regulations, and resolutions of international organizations, does the existence of international law point to progress in humankind's capacity for moral conduct? Or does the lack of a discernible ethical foundation in either law or political action make progress impossible to define? In Law and Moral Action in World Politics, the authors -- activists and scholars of international law and international relations -- pose these questions in new ways. Some adhere to a progressive reading of the law; others adopt a critical stance. Topics included the function and historical evolution of the law; the cultural and intellectual assumptions of influential legal texts; and the experiences of legal activists in using law to pursue moral ends, including the rights of indigenous people and the protection of international law itself.
Author : Michael Walzer
Publisher : Princeton University Press
Page : 231 pages
File Size : 55,6 Mb
Release : 2009-02-09
Category : Political Science
ISBN : 9781400827206
Jewish legal and political thought developed in conditions of exile, where Jews had neither a state of their own nor citizenship in any other. What use, then, can this body of thought be today to Jews living in Israel or as emancipated citizens in secular democratic states? Can a culture of exile be adapted to help Jews find ways of being at home politically today? These questions are central in Law, Politics, and Morality in Judaism, a collection of essays by contemporary political theorists, philosophers, and lawyers. How does Jewish law accommodate--or fail to accommodate--the practice of democratic citizenship? What range of religious toleration and pluralism is compatible with traditional Judaism? What forms of coexistence between Jews and non-Jews are required by shared citizenship? How should Jews operating within halakha (Jewish law) and Jewish history judge the use of force by modern states? The authors assembled here by prominent political theorist Michael Walzer come from different points on the religious-secular spectrum, and they differ greatly in their answers to such questions. But they all enact the relationship at issue since their answers, while based on critical Jewish texts, also reflect their commitments as democratic citizens. The contributors are Michael Walzer, David Biale, the late Robert M. Cover, Menachem Fisch, Geoffrey B. Levey, David Novak, Aviezer Ravitzky, Adam B. Seligman, Suzanne Last Stone, and Noam J. Zohar.
Author : David Dyzenhaus,Sophia Reibetanz Moreau,Arthur Ripstein
Publisher : University of Toronto Press
Page : 1095 pages
File Size : 53,7 Mb
Release : 2007-01-01
Category : Law
ISBN : 9780802094896
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.
Author : Joseph Raz
Publisher : Unknown
Page : 0 pages
File Size : 53,5 Mb
Release : 1994
Category : Law and ethics
ISBN : 0198258372
Author : Wibren van der Burg,Sanne Taekema
Publisher : Peter Lang
Page : 280 pages
File Size : 44,5 Mb
Release : 2004
Category : Law
ISBN : 9052012261
Ideals are important in social reality, but they have been neglected in theories of law, politics, and morality. This book has the role of ideals as its central theme. More specifically, it argues that ideals are necessary to understand pluralism, that they are key elements in controversy and debate, and that they enable development. It combines theoretical analysis of the concept of ideals with discussion of concrete debates and cases, including philosophical debates about politics and equality, sociological studies of the diverse interpretations of the rule of law, and accounts of the development of environmental law and privacy law. Thus, the functioning of ideals is critically examined, showing the merits and limitations of an ideal-oriented approach.
Author : Seana Valentine Shiffrin
Publisher : Princeton University Press
Page : 249 pages
File Size : 53,8 Mb
Release : 2016-11-08
Category : Philosophy
ISBN : 9780691173610
To understand one another as individuals and to fulfill the moral duties that require such understanding, we must communicate with each other. We must also maintain protected channels that render reliable communication possible, a demand that, Seana Shiffrin argues, yields a prohibition against lying and requires protection for free speech. This book makes a distinctive philosophical argument for the wrong of the lie and provides an original account of its difference from the wrong of deception. Drawing on legal as well as philosophical arguments, the book defends a series of notable claims—that you may not lie about everything to the "murderer at the door," that you have reasons to keep promises offered under duress, that lies are not protected by free speech, that police subvert their mission when they lie to suspects, and that scholars undermine their goals when they lie to research subjects. Many philosophers start to craft moral exceptions to demands for sincerity and fidelity when they confront wrongdoers, the pressures of non-ideal circumstances, or the achievement of morally substantial ends. But Shiffrin consistently resists this sort of exceptionalism, arguing that maintaining a strong basis for trust and reliable communication through practices of sincerity, fidelity, and respecting free speech is an essential aspect of ensuring the conditions for moral progress, including our rehabilitation of and moral reconciliation with wrongdoers.
Author : Amanda Russell Beattie
Publisher : Routledge
Page : 214 pages
File Size : 41,5 Mb
Release : 2016-04-22
Category : Political Science
ISBN : 9781317109815
Bridging the contending theories of natural law and international relations, this book proposes a 'relational ontology' as the basis for rethinking our approach to international politics. Amanda Beattie challenges both the conventional interpretation of natural law as necessarily and intractably theological, and the dominant conception of international relations as structurally distinct from the ends of human good, in order to recover the centrality of other-directed agency to the promotion of human development. Offering an important contribution to the study of international political thought, the book contains a number of challenging and controversial ideas which should provoke constructive debate within international relations theory, political theory, and philosophical ethics.
Author : Joseph Raz
Publisher : Unknown
Page : 364 pages
File Size : 52,6 Mb
Release : 1994
Category : Law and ethics
ISBN : OCLC:815455833
