The Dynamics Of Law And Morality

Author : Wibren van der Burg
Publisher : Routledge
Page : 223 pages
File Size : 48,9 Mb
Release : 2016-03-23
Category : Law
ISBN : 9781317035046

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The Dynamics of Law and Morality by Wibren van der Burg Pdf

This book investigates the dynamic intertwinement of law and morality, with a focus on new and developing fields of law. Taking as its starting point the debates and mutual misunderstandings between proponents of different philosophical traditions, it argues that this theoretical pluralism is better explained once law is accepted as an essentially ambiguous concept. Continuing on, the book develops a robust theory of law that increases our grasp on global legal pluralism and the dynamics of law. This theory of legal interactionism, inspired by the work of Lon Fuller and Philip Selznick, also helps us to understand apparent anomalies of modern law, such as international law, the law of the European Convention on Human Rights and horizontal interactive legislation. In an ecumenical approach, legal interactionism does justice to the valuable core of truth in natural law and legal positivism. Shedding new light on familiar debates between authors such as Fuller, Hart and Dworkin, this book is of value to academics and students interested in legal theory, jurisprudence, legal sociology and moral philosophy.

Author : KennethEinar Himma
Publisher : Routledge
Page : 527 pages
File Size : 51,9 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351560801

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Law and Morality by KennethEinar Himma Pdf

This volume collects many of the key essays exploring the possible relationships between the concepts of law and morality, a central concern of contemporary philosophizing about law. It is organized around five conceptual issues: classical natural law theory; legal positivism's separability thesis; Ronald Dworkin's constructive interpretivism; inclusive legal positivism's assertion that there can be legal systems with moral criteria of legality; and the relevance of morality and moral theorizing in theorizing about the concept of law and associated legal concepts. Each of the essays makes an important contribution toward addressing these issues.

Author : David Dyzenhaus,Sophia Reibetanz Moreau,Arthur Ripstein
Publisher : University of Toronto Press
Page : 1095 pages
File Size : 55,9 Mb
Release : 2007-01-01
Category : Law
ISBN : 9780802094896

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Law and Morality by David Dyzenhaus,Sophia Reibetanz Moreau,Arthur Ripstein Pdf

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 : Roscoe Pound
Publisher : Unknown
Page : 172 pages
File Size : 42,6 Mb
Release : 1926
Category : Ethics
ISBN : UOM:39015063534930

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Law and Morals by Roscoe Pound Pdf

Author : Larry Alexander,Emily Sherwin
Publisher : Duke University Press
Page : 296 pages
File Size : 41,8 Mb
Release : 2001-08-06
Category : Law
ISBN : 0822327368

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The Rule of Rules by Larry Alexander,Emily Sherwin Pdf

Rules perform a moral function by restating moral principles in concrete terms, so as to reduce the uncertainty, error, and controversy that result when individuals follow their own unconstrained moral judgment. Although reason dictates that we must follow rules to avoid destructive error and controversy, rules—and hence laws—are imperfect, and reason also dictates that we ought not follow them when we believe they produce the wrong result in a particular case. In The Rule of Rules Larry Alexander and Emily Sherwin examine this dilemma. Once the importance of this moral and practical conflict is acknowledged, the authors argue, authoritative rules become the central problems of jurisprudence. The inevitable gap between rules and background morality cannot be bridged, they claim, although many contemporary jurisprudential schools of thought are misguided attempts to do so. Alexander and Sherwin work through this dilemma, which lies at the heart of such ongoing jurisprudential controversies as how judges should reason in deciding cases, what effect should be given to legal precedent, and what status, if any, should be accorded to “legal principles.” In the end, their rigorous discussion sheds light on such topics as the nature of interpretation, the ancient dispute among legal theorists over natural law versus positivism, the obligation to obey law, constitutionalism, and the relation between law and coercion. Those interested in jurisprudence, legal theory, and political philosophy will benefit from the edifying discussion in The Rule of Rules.

Author : Leon Petrazycki,A. Javier Trevino
Publisher : Routledge
Page : 396 pages
File Size : 51,6 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351509626

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Law and Morality by Leon Petrazycki,A. Javier Trevino Pdf

In analyzing the socio-psychic nature and operations of intuitive legal rules, Petrazycki formulates a theory of law around five conceptual themes: anti-formalism, imperative-attributive legal relationships, law's functional control, law's subjective reality and morality. Petrazycki presents the two ways by which law coordinates and regulates social conduct as through its distributive and organizing functions. Law and Morality has a basic objective: to analyze interrelations between positive and intuitive law. Petrazycki's socio-psychic orientation toward law is behavioral as well as thoughtful. He finds the most suitable methods for obtaining knowledge about legal experiences to be internal and external observation. His technique of introspection is similar to Max Weber's conceptual method. Petrazycki distinguishes between two kinds of interpretive understanding. External observation involves deriving the meaning of an act or symbolic expression from immediate observation without reference to any broader context, and internal observation involves placing the particular act in a broader context of meaning involving facts that cannot be derived from a particular act or expression. Petrazycki's socio-legal ideas remain relevant in today's society. His arguments concerning the global expansion of human love have an attraction for those working towards a better world. In the context of positive psychology and the growing happiness industry, Petrazycki's ideas will compel legal scholars to consider his arguments. Petrazycki's work stands out for the scientific ambitions and systematic nature of his thought as well as the influence of his work on later scholars in the sociology of law.

Author : Peter M. Gerhart
Publisher : Cambridge University Press
Page : 353 pages
File Size : 54,7 Mb
Release : 2014
Category : Law
ISBN : 9781107006454

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Property Law and Social Morality by Peter M. Gerhart Pdf

Property Law and Social Morality develops a theory of property that highlights the social construction of obligations that individuals owe each other. By viewing property law through the lens of obligations rather than through the lens of rights, the author affirms the existence of important property rights (when no obligation to another exists) and defines the scope of those rights (when an obligation to another does exist). By describing the scope of the decisions that individuals are permitted to make and the requirements of other-regarding decisions, the author develops a single theory to explain the dynamics of private and common property, including exclusion, nuisance, shared decision making, and decision making over time. The development of social recognition norms adds to our understanding of property evolution, and the principle of equal freedom underlying social recognition that limit government interference with property rights.

Author : Lon Luvois Fuller
Publisher : Yale University Press
Page : 272 pages
File Size : 41,8 Mb
Release : 1969
Category : Law
ISBN : 9780300004724

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The Morality of Law by Lon Luvois Fuller Pdf

Author : Aniceto Masferrer
Publisher : Springer Nature
Page : 361 pages
File Size : 47,6 Mb
Release : 2021-02-09
Category : Law
ISBN : 9783030641634

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Criminal Law and Morality in the Age of Consent by Aniceto Masferrer Pdf

This book discusses the relation between morality and politics, and morality and law, a field that has been studied for more than two thousand years The law is a part of human culture, and this touches upon a dynamic reality that is connected to the relation between nature and freedom, nature and culture. If such relations are not clearly understood, as is the case today, the relation between morality and law cannot be properly comprehended either. The relationship between morality and criminal law must constantly evolve to meet the needs of changing times and circumstances. Social changes and new situations require new answers. And since the relationship involves criminal law, legal philosophy and legal history, interdisciplinary approaches are always needed. Featuring fifteen original contributions by legal scholars from various European and American universities, the book does not pretend to solve the complexity of the relation between morality and criminal law, but instead expresses criticism, offers some proposals and stimulates further thought. The book tackles the topic from an interdisciplinary perspective (criminal law, constitutional law, legal philosophy and legal history, among others). As such, it appeals not only to scholars and students, but also to lawyers, policymakers, historians, theologians, philosophers and general readers who are interested in the legal, social, political and philosophical issues of our time.

Author : H. L. A. Hart,Herbert Lionel Adolphus Hart
Publisher : Stanford University Press
Page : 100 pages
File Size : 46,7 Mb
Release : 1963
Category : Political Science
ISBN : 0804701547

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Law, Liberty, and Morality by H. L. A. Hart,Herbert Lionel Adolphus Hart Pdf

This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two great lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share.

Author : Leon Petražycki
Publisher : Unknown
Page : 335 pages
File Size : 49,5 Mb
Release : 1968
Category : Electronic
ISBN : OCLC:781584855

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Law and Morality by Leon Petražycki Pdf

Author : Gerald Dworkin
Publisher : Westview Press
Page : 216 pages
File Size : 50,7 Mb
Release : 1994-03-06
Category : Philosophy
ISBN : UOM:39015026846504

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Morality, Harm, And The Law by Gerald Dworkin Pdf

Some of the most difficult and wrenching social and political issues in U.S. society today are about the relationship between strongly held moral values and the laws of the land. There is no consensus about whether the law should deal with morality at all, and if it is to do so, there is no agreement over whose morality is to be reflected in the law.In this compact and carefully edited anthology, Gerald Dworkin presents the readings necessary for an understanding of these issues. The volume contains classical and contemporary philosophical statements as well as a generous sampling of legal cases and opinions, including such topics of current interest as flag-burning, nude dancing, the sale of human organs, and sexual behavior. The volume represents the best in applied legal and moral philosophy.

Author : Italo Pardo
Publisher : Routledge
Page : 200 pages
File Size : 51,5 Mb
Release : 2017-03-02
Category : Social Science
ISBN : 9781351955782

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Between Morality and the Law by Italo Pardo Pdf

This book explores illegal forms of corruption and, more widely, moral and legal forms of corruption. The authors draw on detailed ethnographic accounts of corrupt practice at local, national and international levels. Coverage includes both Western and non-Western societies, from Italy to Latin America, to Albania, Africa and post-Soviet bureaucracy in Russia, Mongolia and Kazakhstan. There is also a chapter on corruption in the context of globalization. Key issues discussed include the problems caused by the inflated rhetoric of corruption and by the inadequacy of official definitions. The authors look at measures designed to bring corruption under some degree of control, discussing the level of legal intervention compatible with public expectations and with the dynamics of trust and responsibility. This fascinating book makes a significant contribution to our understanding of conflicting public and private moralities.

Author : Burak Özçelik
Publisher : GRIN Verlag
Page : 8 pages
File Size : 41,8 Mb
Release : 2016-07-07
Category : Law
ISBN : 9783668255814

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The Conflict Between Law and Morality by Burak Özçelik Pdf

Polemic Paper from the year 2016 in the subject Law - Philosophy, History and Sociology of Law, grade: 89.00, Bilkent University (English), course: Englis-102, language: English, abstract: It is obvious that law and morality both seek our piece of mind and justice. As a description in the Oxford Dictionary law is the system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties. Law establishes this with the enforcements and punishments if you step over the lines shaped by laws. Morality which is described in Oxford Dictionary as: morality is the differentiation of intentions, decisions, and actions between those that are distinguished as proper and those that are improper also has punishments for bad acts and rewards for good acts like guilt and denouncement for crimes and praise. These two phenomenons might seem very diverse but they have one obvious thing in common: they affect the way we live. The problem is that it is inevitable to say that there is a huge conflict between law and morality and this conflict shows itself on some specific examples. In today’s world some of the law experts may claim that law is absolute. Its importance is over all other regulators like morality. However the conflict between them proves that moral principles are still stronger than legal principles for some cases. Although today one can argue that as long as law permits certain social practices such as same-sex marriage, abortion and legislation of prostitution should not be considered as legally wrong, they are moral problems of modern world, which proves that moral principles are still stronger than legal principles.

Author : Joseph Raz
Publisher : Unknown
Page : 312 pages
File Size : 47,6 Mb
Release : 1979
Category : Law
ISBN : UCAL:B4244719

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The Authority of Law by Joseph Raz Pdf

This revised edition of one of the classic works of modern legal philosophy, first published in 1979, represents Raz's landmark contribution which has had an enduring influence on philosophical work on the nature of law and its relation to morality. The new edition includes two previously uncollected essays and a new introduction from the author.