Personal Identity In Moral And Legal Reasoning

Author : Richard Prust,Jeffery Geller
Publisher : Vernon Press
Page : 132 pages
File Size : 52,5 Mb
Release : 2019-10-31
Category : Philosophy
ISBN : 9781622737475

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Personal Identity in Moral and Legal Reasoning by Richard Prust,Jeffery Geller Pdf

Many questions about moral and legal judgments hinge on how we understand the identity of the agents. The intractability of many of these questions stems, this book argues, from ignoring how we actually connect actions with agents. When making everyday judgments about the morality or legality of actions, we do not use Aristotelian logic but what is termed “character logic”. The difference is crucial because implicit in character logic is an understanding of personal identity that is both coherent and intuitively familiar. A person, as we conceptualize him in moral and legal contexts, is a character of resolve. By unpacking what it means to be a character of resolve, this book reveals what underwrites our most fundamental beliefs about a person’s rights and responsibilities. It also provides a new and useful perspective on a variety of issues about rights and responsibilities that perennially occupy philosophers. This book discusses the following: • How we can make better sense of “human rights” if we think of them as “personal rights”. • How the right to be civilly disobedient, in contrast with ordinary law-breaking, can be justified as a personal right. • What basis we have for holding that someone’s responsibility is diminished. • How it makes sense to hold someone responsible for acting irresponsibly. • How it makes sense to distinguish a juvenile offender from someone who should be tried in criminal court. • What kind of correction we should expect from our correctional institutions and how we should design them to achieve that. By making explicit the axioms of character logic and exploring their origins and justification, the book provides a conceptually powerful tool for interpreting the protocols of a person-respecting society.

Author : Derek Parfit
Publisher : OUP Oxford
Page : 560 pages
File Size : 43,8 Mb
Release : 1986-01-23
Category : Philosophy
ISBN : 9780191622441

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Reasons and Persons by Derek Parfit Pdf

This book challenges, with several powerful arguments, some of our deepest beliefs about rationality, morality, and personal identity. The author claims that we have a false view of our own nature; that it is often rational to act against our own best interests; that most of us have moral views that are directly self-defeating; and that, when we consider future generations the conclusions will often be disturbing. He concludes that moral non-religious moral philosophy is a young subject, with a promising but unpredictable future.

Author : David Shoemaker
Publisher : Broadview Press
Page : 304 pages
File Size : 49,7 Mb
Release : 2008-10-07
Category : Philosophy
ISBN : 9781551118826

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Personal Identity and Ethics by David Shoemaker Pdf

The relationship between personal identity and ethics remains on of the most intriguing yet vexing issues in philosophy. It is commonplace to hold that moral responsibility for past actions requires that the responsible agent is in some respect identical to the agent who performed the action. Is this true? On the other hand, can ethics constrain our account of personal identity? Do the practical requirements of moral theory commit us to the view that persons do remain identical over time? For example, does the moral status of abortion or stem cell research depend on whether personal identity is based on psychological or biological properties? Or is it the case that personal identity is not, in fact, relevant to ethics? Personal Identity and Ethics provides the first comprehensive examination of these issues. Topics include personal identity and prudential rationality; personal identity’s significance for moral responsibility and ethical theory; and the practical consequences of accounts of personal identity for issues such as abortion, stem cell research, cloning, advance directives, population ethics, multiple personality disorder, and the definition of death.

Author : Simon Smith,James Beauregard
Publisher : Vernon Press
Page : 377 pages
File Size : 55,5 Mb
Release : 2020-10-06
Category : Philosophy
ISBN : 9781622739745

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In the Sphere of the Personal: New Perspectives in the Philosophy of Persons by Simon Smith,James Beauregard Pdf

The papers in this collection were originally presented at the 13th International Conference on Persons, held at the University of Boston in August 2015. This biennial event, founded by Thomas O. Buford and Charles Conti in 1989, attracts a host of international scholars, both the venerable and the aspiring. It is widely regarded as the premier event for those whose research concerns the philosophical tradition known as ‘personalism’. That tradition is, perhaps, best known today in its American and European manifestations, although there remains a small but fiercely defended stronghold in Britain. Personalism is not an exclusively Western development, however; its roots are also found in India, China, and Japan. What unites these disparate intellectual cultures may seem quite small. There is little, if any, methodological or doctrinal consensus among them. They are all, however, responses to the impersonal and depersonalising forces perceived to be at work in philosophy, theology, and, most recently, the natural and political sciences. Their common aim is to place persons at the heart of these discourses, to defend the idea that persons are the metaphysical, epistemological, and moral ‘bottom line’, the vital clue to knowledge of self, reality, and all conceivable values. The authors in this collection do not simply reflect upon this tradition, they put it to work on a range of philosophical and theological problems, both classical and contemporary; problems of free will, personal identity, and the nature of reality, as well as the very current concerns of environmental philosophers, bio- and neuro-ethicists. Their perspectives, too, are many and varied, so offer profound insights into key debates among other philosophical traditions, such as the Kantian, Hegelian, phenomenological, and process schools.

Author : Stefano Bertea
Publisher : Bloomsbury Publishing
Page : 316 pages
File Size : 52,8 Mb
Release : 2009-10-06
Category : Law
ISBN : 9781847315434

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The Normative Claim of Law by Stefano Bertea Pdf

This book focuses on a specific component of the normative dimension of law, namely, the normative claim of law. By 'normative claim' we mean the claim that inherent in the law is an ability to guide action by generating practical reasons having a special status. The thesis that law lays the normative claim has become a subject of controversy: it has its defenders, as well as many scholars of different orientations who have acknowledged the normative claim of law without making a point of defending it head-on. It has also come under attack from other contemporary legal theorists, and around the normative claim a lively debate has sprung up. This debate makes up the main subject of this book, which is in essence an attempt to account for the normative claim and see how its recognition moulds our understanding of the law itself. This involves (a) specifying the exact content, boundaries, quality, and essential traits of the normative claim, (b) explaining how the law can make a claim so specified, and (c) justifying why this should happen in the first place. The argument is set out in two stages, corresponding to the two parts in which the book is divided. In the first part, the author introduces and discusses the meaning, status, and fundamental traits of the normative claim of law; in the second he explores some foundational questions and determines the grounds of the normative claim of law by framing an account that elaborates on some contemporary discussions of Kant's conception of humanity as the source of the normativity of practical reason.

Author : Scott Brewer
Publisher : Taylor & Francis
Page : 404 pages
File Size : 47,7 Mb
Release : 1998
Category : Judicial process
ISBN : 0815326572

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Moral Theory and Legal Reasoning by Scott Brewer Pdf

Author : Giorgio Baruchello,Ársæll Már Arnarsson
Publisher : Walter de Gruyter GmbH & Co KG
Page : 258 pages
File Size : 40,7 Mb
Release : 2023-11-06
Category : Philosophy
ISBN : 9783110760170

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Laughing Matters by Giorgio Baruchello,Ársæll Már Arnarsson Pdf

The present book addresses the background, rationale, general structure, and particular aims and arguments characterizing our third and last volume about "humor" and "cruelty". A guiding foray is provided into the vast expert literature that can be retrieved in the Western humanities and social sciences on these two terms. Pivotal thinkers and crucial notions are duly identified, highlighted, and examined. Apposite subsidiary references are also included, especially with regard to psychodynamics and clinical psychology, existentialism, feminism, liberalism, Marxism, and representative recent studies in the philosophy of humor and its cognates. The stage is thus set for the exploration and assessment of the conflicts between humor and cruelty unfolding in Part 2 of Volume 3. Being the philosophical terminus of our entire research project, Volume 3 counterbalances, complements, and, occasionally, complexifies the numerous forms of mutual cooperation between humor and cruelty that the preceding Volume 2 had unearthed and discussed.

Author : James McLachlan
Publisher : Vernon Press
Page : 290 pages
File Size : 55,5 Mb
Release : 2017-12-15
Category : Philosophy
ISBN : 9781622732791

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Persons, Institutions, and Trust by James McLachlan Pdf

The papers presented in this volume honor Thomas O. Buford. Buford is Professor Emeritus in Philosophy at Furman University where he taught for more than forty years. Several of the papers in this volume are from former students. But Professor Buford is also a pre-eminent voice of fourth generation Personalism, and Boston Personalism in particular. Personalism is a school of philosophical and theological thought which holds that the ideas of “person” and “personality” are indispensable to an adequate understanding of all metaphysical and epistemological problems, as well as are keys to an adequate theory of ethical and political human interaction. Most personalists assert that personality is an irreducible fact found in all existence, as well as in all interpretation of the meaning of existence and the truth about experience. Anything that seems to exist impersonally, such as inanimate matter, nevertheless can exist and have meaning only as related to some personal being. The Boston Personalist tradition was inaugurated by Borden Parker Bowne and continued by Edgar S. Brightman, Peter Bertocci, John Lavely, Carol Robb, and Martin Luther King, Jr.

Author : Joan McCord
Publisher : Routledge
Page : 346 pages
File Size : 46,9 Mb
Release : 2017-09-04
Category : Social Science
ISBN : 9781351520775

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Facts, Frameworks, and Forecasts by Joan McCord Pdf

Facts, Frameworks, and Forecasts calls for rethinking the development of criminological theory. In her introduction, Joan McCord argues that the field is ready for new approaches and that its progress depends on a sound factual base. Examining the discipline's research design, methodology, and quantitative analysis efforts, the contributors identify significant advances in criminological theory. This empirical orientation results in a balanced blend of information and speculation.This book contains a comprehensive review. The first chapter describes biological conditions that have theoretical links with criminal behavior - ending with a discussion of how biological and social conditions may interact to influence criminal behavior. Early chapters discuss general issues related to crime. These are followed by expositions of theoretical orientations not typically found in criminological literature. The second half of the book describes seven longitudinal studies in four countries. The authors interpret their data to expose biological, social, and psychological factors they believe may influence criminal behavior.These contributors include: Guenther Knoblich and Roy King, Daniel Glaser, Robert A. Rosellini and Robin L. Lashley, Robert J. Sampson, Ellen S. Cohn and Susan O. White, Joan McCord, L. Rowell Huesmann and Leonard D. Eron, Robert Cairns and Beverly Cairns, Richard E. Tremblay, Patricia Cohen and Judith S. Brook, David P. Farrington and David Magnussen, Britt af Klinteberg, and Hakan Stattin.Facts, Frameworks, and Forecasts addresses the observation of noted criminologist Marvin Wolfgang that criminological theory had stagnated. This groundbreaking work, available in paperback for the first time, is as relevant now as when first published. It should be read by all concerned with data-related approaches to criminology.

Author : Zenon Bankowski,James MacLean
Publisher : Ashgate Publishing, Ltd.
Page : 306 pages
File Size : 50,9 Mb
Release : 2006
Category : Law
ISBN : 075462546X

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The Universal and the Particular in Legal Reasoning by Zenon Bankowski,James MacLean Pdf

It is twenty-five years since the publication of Neil MacCormick's book Legal Reasoning and Legal Theory, a book that has been in print continuously since its first publication. This book looks at how examining legal reasoning can bring up important theoretical and ethical issues, as MacCormick revisits the issues anew in his current work.

Author : Jeremy Cooper,Louise C. Trubek
Publisher : Routledge
Page : 311 pages
File Size : 52,8 Mb
Release : 2018-12-12
Category : Law
ISBN : 9780429858345

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Educating for Justice by Jeremy Cooper,Louise C. Trubek Pdf

Published in 1997, an edited collection of essays by a group of international public interest scholars and activists that examines the role and function of the law school in developing, transmitting and understanding the use of law to bring about social change to the advantage of subordinated people. The book traces this influence from the early days of the law school and its induction of legal principles and client responsibilities, through training for practices in a variety of settings, including teaching, social action research, client empowerment programs, to the outer limits of law school in community legal education and awareness. An important and pioneering series of international case studies.

Author : A.W. Musschenga,A.W. van Haaften,B. Spiecker,M.V. Slors
Publisher : Springer Science & Business Media
Page : 327 pages
File Size : 40,9 Mb
Release : 2013-03-14
Category : Philosophy
ISBN : 9789401599542

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Personal and Moral Identity by A.W. Musschenga,A.W. van Haaften,B. Spiecker,M.V. Slors Pdf

The subject of personal and moral identity is at the centre of interest, not only of academic research within disciplines such as philosophy and psychology, but also of everyday thinking. This is why the Neth erlands School for Research in Practical Philosophy and the Institute for Ethics of the Vrije Universiteit in Amsterdam took the initiative to bring together scholars from various disciplines, interested in the subject. The expert-seminar on 'Personal and Moral Identity' took place from 12-14 January 1999. Financial contributions from the Vrije Universiteit, the Dutch Scientific Organisation (NWO) and the Royal Dutch Academy for the Sciences (KNA W) made the event possible. The chapters in this book either go back to papers presented at the seminar or were written afterwards by participants, inspired by the discussions that took place during the seminar. We are very grateful to Dr. Hendrik Hutter for his assistance in editing the texts and making the manuscript camera-ready. December 2001, The Editors. 1 Introduction Albert W. Musschenga Although scholars studying the identity of persons usually address diverging issues and have different research agendas, there is a grow ing awareness that one may benefit from insights and results present in other disciplines dealing with that subject. This explains the enthu siastic responses to the invitation of the Netherlands School for Research in Practical Philosophy and the Institute for Ethics of the Vrije Universiteit to participate in a seminar on 'Personal and Moral Identity'.

Author : Larry Alexander,Emily Sherwin
Publisher : Cambridge University Press
Page : 254 pages
File Size : 42,5 Mb
Release : 2008-06-16
Category : Philosophy
ISBN : 9781139472470

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Demystifying Legal Reasoning by Larry Alexander,Emily Sherwin Pdf

Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practise special forms of reasoning is false.

Author : Bosko Tripkovic
Publisher : Oxford University Press
Page : 248 pages
File Size : 48,8 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.

Author : Ruth Boeker
Publisher : Oxford University Press
Page : 336 pages
File Size : 51,9 Mb
Release : 2021-03-01
Category : Philosophy
ISBN : 9780192585967

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Locke on Persons and Personal Identity by Ruth Boeker Pdf

Ruth Boeker offers a new perspective on Locke's account of persons and personal identity by considering it within the context of his broader philosophical project and the philosophical debates of his day. Her interpretation emphasizes the importance of the moral and religious dimensions of his view. By taking seriously Locke's general approach to questions of identity, Boeker shows that we should consider his account of personhood separately from his account of personal identity over time. On this basis, she argues that Locke endorses a moral account of personhood, according to which persons are subjects of accountability, and that his particular thinking about moral accountability explains why he regards sameness of consciousness as necessary for personal identity over time. In contrast to some neo-Lockean views about personal identity, Boeker argues that Locke's account of personal identity is not psychological per se, but rather his underlying moral, religious, metaphysical, and epistemic background beliefs are relevant for understanding why he argues for a consciousness-based account of personal identity. Taking his underlying background beliefs into consideration not only sheds light on why many of his early critics do not adopt Locke's view, but also shows why his view cannot be as easily dismissed as some of his critics assume.