Download or read book Custom Law and Morality written by Burton M. Leiser and published by . This book was released on 1969 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law and Morals written by Roscoe Pound and published by . This book was released on 1924 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law and Morality written by Leon Petrażycki and published by . This book was released on 1955 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Nature of Customary Law written by Amanda Perreau-Saussine and published by Cambridge University Press. This book was released on 2007-05-17 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.
Download or read book Legislating Morality written by Norman L. Geisler and published by Wipf and Stock Publishers. This book was released on 2003-02-12 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: America's moral decline is not secret. An alarming number of moral and cultural problems have exploded in our country since 1960--a period when the standards of morality expressed in our laws and customs have been relaxed, abandoned, or judicially overruled. Conventional wisdom says laws cannot stem moral decline. Anyone who raises the prospect of legislation on the hot topics of our day - abortion, family issues, gay rights, euthanasia - encounters a host of objections: As long as I don't hurt anyone the government s should leave me alone." No one should force their morals on anyone else." You can't make people be good." Legislating morality violates the separation of church and state." 'Legislating Morality' answers those objections and advocates a moral base for America without sacrificing religious and cultural diversity. It debunks the myth that morality can't be legislated" and amply demonstrates how liberals, moderates, and conservatives alike exploit law to promote good and curtail evil. This book boldly challenges prevailing thinking about right and wrong and about our nation's moral future.
Download or read book Morality and the Human Goods written by Alfonso Gomez-Lobo and published by Georgetown University Press. This book was released on 2002 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise and accessible introduction to natural law ethics, this book introduces readers to the mainstream tradition of Western moral philosophy. Building on philosophers from Plato through Aquinas to John Finnis, Alfonso Gómez-Lobo links morality to the protection of basic human goods--life, family, friendship, work and play, the experience of beauty, knowledge, and integrity--elements essential to a flourishing, happy human life. Gómez-Lobo begins with a discussion of Plato's Crito as an introduction to the practice of moral philosophy, showing that it requires that its participants treat each other as equals and offer rational arguments to persuade each other. He then puts forth a general principle for practical rationality: one should pursue what is good and avoid what is bad. The human goods form the basis for moral norms that provide a standard by which actions can be evaluated: do they support or harm the human goods? He argues that moral norms should be understood as a system of rules whose rationale is the protection and enhancement of human goods. A moral norm that does not enjoin the preservation or enhancement of a specific good is unjustifiable. Shifting to a case study approach, Gómez-Lobo applies these principles to a discussion of abortion and euthanasia. The book ends with a brief treatment of rival positions, including utilitarianism and libertarianism, and of conscience as our ultimate moral guide. Written as an introductory text for students of ethics and natural law, Morality and the Human Goods makes arguments consistent with Catholic teaching but is not based on theological considerations. The work falls squarely within the field of philosophical ethics and will be of interest to readers of any background.
Download or read book The Morality of Law written by Lon Luvois Fuller and published by Yale University Press. This book was released on 1969 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Philosophy of Customary Law written by James Bernard Murphy and published by Oxford University Press, USA. This book was released on 2014 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book attempts to bring greater theoretical clarity to the often murky topic of custom by showing that custom must be analysed into two more logically basic concepts: convention and habit. Customs are conventional habits and habitual conventions. Once we have a clearer understanding of custom we can better grasp the many roles that custom plays in a legal system.
Download or read book A Shared Morality written by Craig A. Boyd and published by Baker Books. This book was released on 2007-11-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Morality based on natural law has a long tradition, and has proven to be quite resilient in the face of numerous attacks and challenges over the years. Those challenges are no less serious today, which leads one to ask if natural law is still a viable foundation for ethics. Craig Boyd provides a contemporary defense of natural law theory against modern challenges from the arenas of science, religion, culture, and philosophy. In his analysis, he defends many of the classical elements of natural law, but also takes into account the contributions of scientific discoveries about human nature. He concludes that natural law is a necessary but not sufficient basis for ethics that must be accompanied by a theory of virtue.
Download or read book Law Liberty and Morality written by H. L. A. Hart and published by Stanford University Press. This book was released on 1963 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Custom as a Source of Law written by David J. Bederman and published by Cambridge University Press. This book was released on 2010-08-16 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A central puzzle in jurisprudence has been the role of custom in law. Custom is simply the practices and usages of distinctive communities. But are such customs legally binding? Can custom be law, even before it is recognized by authoritative legislation or precedent? And, assuming that custom is a source of law, what are its constituent elements? Is proof of a consistent and long-standing practice sufficient, or must there be an extra ingredient - that the usage is pursued out of a sense of legal obligation, or, at least, that the custom is reasonable and efficacious? And, most tantalizing of all, is custom a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today? This volume answers these questions through a rigorous multidisciplinary, historical, and comparative approach, offering a fresh perspective on custom's enduring place in both domestic and international law.
Download or read book Law s Virtues written by Cathleen Kaveny and published by Georgetown University Press. This book was released on 2012-09-20 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can the law promote moral values even in pluralistic societies such as the United States? Drawing upon important federal legislation such as the Americans with Disabilities Act, legal scholar and moral theologian Cathleen Kaveny argues that it can. In conversation with thinkers as diverse as Thomas Aquinas, Pope John Paul II, and Joseph Raz, she argues that the law rightly promotes the values of autonomy and solidarity. At the same time, she cautions that wise lawmakers will not enact mandates that are too far out of step with the lived moral values of the actual community. According to Kaveny, the law is best understood as a moral teacher encouraging people to act virtuously, rather than a police officer requiring them to do so. In Law’s Virtues Kaveny expertly applies this theoretical framework to the controversial moral-legal issues of abortion, genetics, and euthanasia. In addition, she proposes a moral analysis of the act of voting, in dialogue with the election guides issued by the US bishops. Moving beyond the culture wars, this bold and provocative volume proposes a vision of the relationship of law and morality that is realistic without being relativistic and optimistic without being utopian.
Download or read book Why Be Moral written by Beatrix Himmelmann and published by Walter de Gruyter GmbH & Co KG. This book was released on 2015-09-25 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: What reasons do we have to be moral, and are these reasons more compelling than the reasons we have to pursue non-moral projects? Ever since the Sophists first raised this question, it has been a focal point of debate. Why be Moral? is a collection of new essays on this fundamental philosophical problem, written by an international team of leading scholars in the field.
Download or read book Law and Morality written by Leon Petrazycki and published by Routledge. This book was released on 2017-07-05 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book State Interest and the Sources of International Law written by Markus P. Beham and published by Routledge. This book was released on 2018-05-11 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the disparity between positive non-treaty law and its scholarly assessment in the area of moral concepts, understood as altruistic as opposed to reciprocal legal obligations. It shows how scholars are generously willing to assert the existence of a rule of international law, thereby moving further away from actual state practice, not taking into account the factors of legal rhetoric and the core survival interests of the state in the formation of custom and general principles of law. The main argument is that such moral concepts can simply not manifest themselves as non-treaty sources of international law from a dogmatic perspective. The reason is the inherent connection between the formation of the non-treaty sources of international law and state interest that makes it difficult, if not impossible, to assess state practice or opinio juris in the case of altruistic obligations. The book further demonstrates this finding by looking at two cases in point: Human rights and humanitarian exceptions to the prohibition of force. As opposed to the majority of existing works on the subject, State Interest and the Sources of International Law takes a bigger-picture approach to a number of distinct problems in international law scholarship by looking at the building blocks of international relations on the one hand, and merging this with sources doctrine on the other. It will be of interest to researchers, academics, and students in the fields of international law, human rights, international relations, political science, legal philosophy, and legal theory.
Download or read book Morality Authority and Law written by Stephen Darwall and published by Oxford University Press. This book was released on 2013-03-21 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stephen Darwall presents a series of essays that explore the view that morality is second-personal, entailing mutual accountability and the authority to address demands. He illustrates the power of the second-personal framework to illuminate a wide variety of issues in moral, political, and legal philosophy.
Download or read book Violence and the Police written by William A. Westley and published by MIT Press (MA). This book was released on 1970 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of the municipal police force in a midwestern city.
