Download or read book Beyond Contractual Morality written by Julia Simon and published by University Rochester Press. This book was released on 2001 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Contractual Morality looks at current debates over the meaning of liberalism by reexamining their roots in eighteenth-century texts, which demonstrate the historical intertwining of political, legal and moral problems in their extension of social contract theory into various realms of public and private lives. Writers such as Rousseau, Voltaire, Sade, and Montesquieu are discussed. In light of contemporary debates over liberalism, and informed by the problems of contemporary democratic, pluralistic culture, Beyond Contractual Morality reexamines the roots of these current discussions in eighteenth-century texts. Enlightenment texts demonstrate the historical intertwining of political, legal and moral problems in their extension of social contract theory into various realms of private and public life. Specifically, these textspoint to an over-reliance on the notion of contract to resolve ethical dilemmas. A range of issues and authors is discussed, including: the historical development of social contract theory from Hobbes to Rousseau; conflicting conceptions of education in Rousseau's writings; the rise of professional ethics; the concept of tolerance as discussed by Montesquieu, Voltaire, and Rousseau; the divide between the public and private realms in the writings of Charriere and Sade. Beyond Contractual Morality concludes with a reemphasis on the contemporary context of debate and proposes a defense of a revised version of liberalism that can take account of positive duties without sacrificing individual autonomy.Julia Simon is Associate Professor of French at the Pennsylvania State University.
Download or read book Social Contract Theory for a Diverse World written by Ryan Muldoon and published by Taylor & Francis. This book was released on 2016-10-14 with total page 143 pages. Available in PDF, EPUB and Kindle. Book excerpt: Very diverse societies pose real problems for Rawlsian models of public reason. This is for two reasons: first, public reason is unable accommodate diverse perspectives in determining a regulative ideal. Second, regulative ideals are unable to respond to social change. While models based on public reason focus on the justification of principles, this book suggests that we need to orient our normative theories more toward discovery and experimentation. The book develops a unique approach to social contract theory that focuses on diverse perspectives. It offers a new moral stance that author Ryan Muldoon calls, "The View From Everywhere," which allows for substantive, fundamental moral disagreement. This stance is used to develop a bargaining model in which agents can cooperate despite seeing different perspectives. Rather than arguing for an ideal contract or particular principles of justice, Muldoon outlines a procedure for iterated revisions to the rules of a social contract. It expands Mill's conception of experiments in living to help form a foundational principle for social contract theory. By embracing this kind of experimentation, we move away from a conception of justice as an end state, and toward a conception of justice as a trajectory. Listen to Robert Talisse interview Ryan Muldoon about Social Contract Theory for a Diverse World on the podcast, New Books in Philosophy: http://tinyurl.com/j9oq324 Also, read Ryan Muldoon’s related Niskanen Center article, "Diversity and Disagreement are the Solution, Not the Problem," published Jan. 10, 2017: https://niskanencenter.org/blog/diversity-disagreement-solution-not-problem/
Download or read book Social Contract Theory for a Diverse World written by Ryan Muldoon and published by Routledge. This book was released on 2016-10-14 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Very diverse societies pose real problems for Rawlsian models of public reason. This is for two reasons: first, public reason is unable accommodate diverse perspectives in determining a regulative ideal. Second, regulative ideals are unable to respond to social change. While models based on public reason focus on the justification of principles, this book suggests that we need to orient our normative theories more toward discovery and experimentation. The book develops a unique approach to social contract theory that focuses on diverse perspectives. It offers a new moral stance that author Ryan Muldoon calls, "The View From Everywhere," which allows for substantive, fundamental moral disagreement. This stance is used to develop a bargaining model in which agents can cooperate despite seeing different perspectives. Rather than arguing for an ideal contract or particular principles of justice, Muldoon outlines a procedure for iterated revisions to the rules of a social contract. It expands Mill's conception of experiments in living to help form a foundational principle for social contract theory. By embracing this kind of experimentation, we move away from a conception of justice as an end state, and toward a conception of justice as a trajectory. Listen to Robert Talisse interview Ryan Muldoon about Social Contract Theory for a Diverse World on the podcast, New Books in Philosophy: http://tinyurl.com/j9oq324 Also, read Ryan Muldoon’s related Niskanen Center article, "Diversity and Disagreement are the Solution, Not the Problem," published Jan. 10, 2017: https://niskanencenter.org/blog/diversity-disagreement-solution-not-problem/
Download or read book Beyond the New Morality written by Germain Gabriel Grisez and published by . This book was released on 1980 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contract as Promise written by Charles Fried and published by Oxford University Press, USA. This book was released on 2015 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Contract as Promise' is a study of the foundations and structure of contract law. It has both theoretical and pedagogic purposes. It moves from trust to promise to the nuts and bolts of contract law. The author shows that contract law has an underlying unifying moral and practical structure. This second edition retains the original text, and includes a new Preface. It also includes a lengthy postscript that takes account of scholarly and practical developments in the field over the last thirty years, especially the large and rich law and economics literature.
Download or read book Beyond Liberalism written by Katrin Froese and published by . This book was released on 2001 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Social Contract and Beyond written by Hans Gribnau and published by . This book was released on 2019 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paying taxes, as determined by the legislature, is a moral obligation owed by members of a community to their community. Question is whether paying taxes has become an exclusively legal affair: a legal obligation towards the state, replacing a moral obligation towards society. This paper tries to find an answer to that question by analysing social contract theorists and their critics. Social contract theorists and their critics searched for principles underlying a viable civil polity. Hobbes, Spinoza and Hume focused on political and legal authority and obedience; grounding their theories on various ideas regarding human motivations and human sociability.These different starting points resulted in diverging conceptions of the reciprocal relationships between ruler and subjects and between subjects and fellow subjects. We will show the consequences thereof for the relationship between tax law and morality.Different conceptions of the reciprocal relationships involved may invite behaviour varying from minimalist compliance to a more liberal compliance with tax law. Taxpayers facing absolute sovereignty may adopt a legalistic attitude relying on the letter of the law or exploiting loopholes rather than stay within the spirit of applicable tax legislation.
Download or read book Behaviour Beyond the Text and the Morality Clause in Twenty First Century Publishing written by Chiara Bullen and published by Cambridge University Press. This book was released on 2024-08-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A morality clause allows contracting parties to terminate a contractual agreement with those who exhibit behaviour deemed unacceptable. Established in 1920s Hollywood, these contractual clauses are now found in twenty-first-century publishing agreements. This Element investigates the presence of the morality clause in the UK book publishing industry in relation to an increased focus on author behaviour beyond the text in the twenty-first-century, examining the way it operates within the publishing field in the context of behaviour perceived to be 'problematic'. It asserts the clause is perceived to be needed due to the emergence of social media and twenty-first-century social contexts combining to impact the author-reader relationship which, in turn, leads to author behaviour acting as a paratextual threshold to their work. This Element presents an analysis of the morality clause in practice, concluding the clause has the potential to further the power imbalance between author and publisher.
Download or read book Philosophical Foundations of Contract Law written by George Letsas and published by Oxford University Press, USA. This book was released on 2014 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 17 essays of this collection explore key philosophical questions underlying the institution of contract, and the philosophical issues arising in specific contract law doctrines, including contract formation, contract interpretation, unfair terms, the principle of good faith, defences, and remedies.
Download or read book The Disabled Contract written by Jonas-Sébastien Beaudry and published by Cambridge University Press. This book was released on 2022-09-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social contract theories generally predicate the authority of rules that govern society on the idea that these rules are the product of a contractual agreement struck between members of society. These theories embody values, such as equality, reciprocity and rationality, that are highly prized within our culture. Yet a closer inspection reveals that these features exclude other important values, relations and even persons from the realm of contractual morality and justice, especially people with severe intellectual disabilities. Jonas-Sébastien Beaudry explores the moral status of intellectually disabled people in social contract thought and argues that this tradition needs to be revisited to include the most vulnerable. Addressing this problem will have concrete repercussions in law and policy, because many issues that people with disabilities face are connected to deeply rooted assumptions about their status as full citizens or full members of our moral, political and legal communities.
Download or read book Beyond the New Morality written by Germain Grisez and published by University of Notre Dame Pess. This book was released on 1988-09-30 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1974, with a second, revised edition in 1980, Beyond the New Morality has been used widely in introductory ethics courses at the undergraduate level. The book appeals to those who want something not overburdened with theory, and presented in a contemporary idiom. In this third edition of the now standard classroom text, Grisez and Shaw retain the best elements of the earlier versions, including their clear, straightforward presentation and use of nontechnical language. Although the basic approach, content, and organization remain substantially the same, the new edition does develop and amend some aspects of the theory. For example, the community dimension of morality is brought out more clearly and the first principle of morality is now formulated more accurately in terms of willing in line with integral human fulfillment.
Download or read book A Theory of Justice written by John RAWLS and published by Harvard University Press. This book was released on 2009-06-30 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
Download or read book What We Owe to Each Other written by T. M. Scanlon and published by Harvard University Press. This book was released on 2000-11-15 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do we judge whether an action is morally right or wrong? If an action is wrong, what reason does that give us not to do it? Why should we give such reasons priority over our other concerns and values? In this book, T. M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other. According to his contractualist view, thinking about right and wrong is thinking about what we do in terms that could be justified to others and that they could not reasonably reject. He shows how the special authority of conclusions about right and wrong arises from the value of being related to others in this way, and he shows how familiar moral ideas such as fairness and responsibility can be understood through their role in this process of mutual justification and criticism. Scanlon bases his contractualism on a broader account of reasons, value, and individual well-being that challenges standard views about these crucial notions. He argues that desires do not provide us with reasons, that states of affairs are not the primary bearers of value, and that well-being is not as important for rational decision-making as it is commonly held to be. Scanlon is a pluralist about both moral and non-moral values. He argues that, taking this plurality of values into account, contractualism allows for most of the variability in moral requirements that relativists have claimed, while still accounting for the full force of our judgments of right and wrong.
Download or read book Beyond the Western Tradition written by Daniel A. Bonevac and published by McGraw-Hill Humanities, Social Sciences & World Languages. This book was released on 1992 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contract Law Without Foundations written by Prince Saprai and published by Oxford University Press. This book was released on 2019-02-28 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book advances a theoretical account of contract law, grounded in value pluralism. Arguing against attempts to delineate branches of legal doctrine by reference to single unifying values, the book suggests that a field such as contract law can only be explained and justified by the interaction of a multiplicity of moral values. In recent times, the philosophy of contract law has been dominated by the 'promise theory', according to which the morality of promise provides a 'blueprint' for the structure, shape, and content that contract law rules and doctrines should take. The promise theory is an example of what this book calls a 'foundationalist' theory, whereby areas of law reflect or are underlain by particular moral principles or sets of such principles. By considering contract law from the point of view of its theory, rules and doctrines, and broader political context, the book argues that the promise theory can only ever offer part of the picture. The book claims that 'top-down' theories of contract law such as the promise theory and its bitter rival the economic analysis of law seriously mishandle legal doctrine by ignoring or underplaying the irreducible plurality of values that shape contract law. The book defends the role of this multiplicity of values in forging contract doctrine by developing from the 'ground-up' a radical and distinctly republican reinterpretation of the field. The book encourages readers to move away from a 'top-down' theory of contract law such as the promise theory and instead embrace a distinctly republican approach to contract law that would justify the legal rules and doctrines we find in particular jurisdictions at particular times.
Download or read book Prospects for a Common Morality written by Gene Outka and published by Princeton University Press. This book was released on 1992-11-17 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume centers on debates about how far moral judgments bind across traditions and epochs. Nowadays such debates appear especially volatile, both in popular culture and intellectual discourse: although there is increasing agreement that the moral and political criteria invoked in human rights documents possess cross-cultural force, many modern and postmodern developments erode confidence in moral appeals that go beyond a local consensus or apply outside a particular community. Often the point of departure for discussion is the Enlightenment paradigm of a common morality, in which it is assumed that certain unchanging beliefs inhere in the structure of human reason. Whereas some thinkers continue to defend this paradigm, others modify it in diverse ways without abandoning entirely the attempt to address a universal audience, and still others jettison virtually all of its distinguishing features. Exhibiting a range of positions Western participants take in these debates, this volume seeks to advance the substance of the debates themselves without prejudging the outcome. Rival assessments of the Enlightenment paradigm are offered from various philosophical and theological points of view. In addition to the editors, the contributors include Robert Merrihew Adams, Annette C. Baier, Alan Donagan, Margaret A. Farley, Alan Gewirth, David Little, Richard Rorty, Jeffrey Stout, and Lee H. Yearley.
Download or read book Utilitarianism and Beyond written by Amartya Sen and published by Cambridge University Press. This book was released on 1982-06-10 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Utilitarianism considered both as a theory of personal morality and a theory of public choice.
