Download or read book From Morality to Law and Back Again Liber Amicorum for John Gardner written by Dempsey and published by Oxford University Press. This book was released on 2023-08-17 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Gardner was one of the most prolific, widely read, and influential scholars working in philosophy of law. This book celebrates, explores, and develops themes of his work during his sixteen years as Professor of Jurisprudence at University of Oxford. Written by a team of contributors whose own work has been influenced by Gardner's and with whom he has worked closely, this book engages with many of the concepts, themes, and issues that were central to his philosophical work and outlook. It expands on his arguments, offers original rebuttals to some, and draws connections with parallel and emerging fields that have been influenced by his work. This is the first book-length treatment covering the entire range of his scholarship, and will serve as a handbook of sorts, for those scholars seeking to engage Gardner's work and make connections across the wide range of topics on which he has written. In particular, the volume comprises discussions of duties to try and succeed in relation to Hume's maxim that 'ought implies can'; the role of continuity, conservatism, and corrective justice in private law, the interrelations between wrongdoing, blame, punishment, and the justification of criminal law, justifications, excuses, and responsibility, the distinctiveness of the wrongs of rape and discrimination, as well as general jurisprudence and how it may, or may not, illuminate the questions of normativity and the nature of constitutions. The volume also engages with further concepts and questions addressed through the prism of Gardner's work, include Indigenous rights and law, Equity, corporate responsibility and the possibility of state crimes, and the nature, structure, and phenomenology of virtue. Together, the papers collected in this volume pay homage to the breadth of John Gardner's legal philosophy. The conversations begun, or continued, in this volume will continue to inform the contributors' future work, and thus increase the likelihood that John's body of work will have an ever greater influence on the future of legal philosophy.
Download or read book From Morality to Law and Back Again written by Michelle Madden Dempsey and published by Oxford University Press. This book was released on 2023-07-18 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Gardner was one of the most prolific, widely read, and influential scholars working in philosophy of law. This book celebrates, explores, and develops themes of his work during his sixteen years as Professor of Jurisprudence at University of Oxford. Written by a team of contributors whose own work has been influenced by Gardner's and with whom he has worked closely, this book engages with many of the concepts, themes, and issues that were central to his philosophical work and outlook. It expands on his arguments, offers original rebuttals to some, and draws connections with parallel and emerging fields that have been influenced by his work. This is the first book-length treatment covering the entire range of his scholarship, and will serve as a handbook of sorts, for those scholars seeking to engage Gardner's work and make connections across the wide range of topics on which he has written. In particular, the volume comprises discussions of duties to try and succeed in relation to Hume's maxim that 'ought implies can'; the role of continuity, conservatism, and corrective justice in private law, the interrelations between wrongdoing, blame, punishment, and the justification of criminal law, justifications, excuses, and responsibility, the distinctiveness of the wrongs of rape and discrimination, as well as general jurisprudence and how it may, or may not, illuminate the questions of normativity and the nature of constitutions. The volume also engages with further concepts and questions addressed through the prism of Gardner's work, include Indigenous rights and law, Equity, corporate responsibility and the possibility of state crimes, and the nature, structure, and phenomenology of virtue. Together, the papers collected in this volume pay homage to the breadth of John Gardner's legal philosophy. The conversations begun, or continued, in this volume will continue to inform the contributors' future work, and thus increase the likelihood that John's body of work will have an ever greater influence on the future of legal philosophy.
Download or read book Law and Morality written by David Dyzenhaus and published by University of Toronto Press. This book was released on 2007-01-01 with total page 1095 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 The Morality of Law written by Lon Luvois Fuller and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Second Person Standpoint written by Stephen Darwall and published by Harvard University Press. This book was released on 2009-09-30 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why should we avoid doing moral wrong? The inability of philosophy to answer this question in a compelling manner—along with the moral skepticism and ethical confusion that ensue—result, Stephen Darwall argues, from our failure to appreciate the essentially interpersonal character of moral obligation. After showing how attempts to vindicate morality have tended to change the subject—falling back on non-moral values or practical, first-person considerations—Darwall elaborates the interpersonal nature of moral obligations: their inherent link to our responsibilities to one another as members of the moral community. As Darwall defines it, the concept of moral obligation has an irreducibly second-person aspect; it presupposes our authority to make claims and demands on one another. And so too do many other central notions, including those of rights, the dignity of and respect for persons, and the very concept of person itself. The result is nothing less than a fundamental reorientation of moral theory that enables it at last to account for morality’s supreme authority—an account that Darwall carries from the realm of theory to the practical world of second-person attitudes, emotions, and actions.
Download or read book The Common Law written by Oliver Wendell Holmes and published by . This book was released on 1909 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Hardcore Zen written by Brad Warner and published by Simon and Schuster. This book was released on 2015-12 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Zen, plain and simple, with no BS. This is not your typical Zen book. Brad Warner, a young punk who grew up to be a Zen master, spares no one. This bold new approach to the "Why?" of Zen Buddhism is as strongly grounded in the tradition of Zen as it is utterly revolutionary. Warner's voice is hilarious, and he calls on the wisdom of everyone from punk and pop culture icons to the Buddha himself to make sure his points come through loud and clear. As it prods readers to question everything, Hardcore Zen is both an approach and a departure, leaving behind the soft and lyrical for the gritty and stark perspective of a new generation. This new edition will feature an afterword from the author.
Download or read book Making Amends written by Linda Radzik and published by Oxford University Press. This book was released on 2011-04-07 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is often assumed that wrongdoing can only be resolved through punishment or forgiveness. But this book explores the responses that wrongdoers can and should make to their own misdeeds, responses such as apology, repentance, reparations, and self-punishment. It examines the possibility of atonement in a broad spectrum of contexts -- from cases of relatively minor wrongs in personal relationships, to crimes, to the historical injustices of our political and religious communities. It argues that wrongdoers often have the ability to earn redemption within the moral community, that respect and trust among victims, communities and wrongdoers can be rebuilt, and that the moral responsibility of wrongdoing groups can be addressed without treating their members unfairly.
Download or read book The Evolution of Morality written by Richard Joyce and published by MIT Press. This book was released on 2007-08-24 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moral thinking pervades our practical lives, but where did this way of thinking come from, and what purpose does it serve? Is it to be explained by environmental pressures on our ancestors a million years ago, or is it a cultural invention of more recent origin? In The Evolution of Morality, Richard Joyce takes up these controversial questions, finding that the evidence supports an innate basis to human morality. As a moral philosopher, Joyce is interested in whether any implications follow from this hypothesis. Might the fact that the human brain has been biologically prepared by natural selection to engage in moral judgment serve in some sense to vindicate this way of thinking—staving off the threat of moral skepticism, or even undergirding some version of moral realism? Or if morality has an adaptive explanation in genetic terms—if it is, as Joyce writes, "just something that helped our ancestors make more babies"—might such an explanation actually undermine morality's central role in our lives? He carefully examines both the evolutionary "vindication of morality" and the evolutionary "debunking of morality," considering the skeptical view more seriously than have others who have treated the subject. Interdisciplinary and combining the latest results from the empirical sciences with philosophical discussion, The Evolution of Morality is one of the few books in this area written from the perspective of moral philosophy. Concise and without technical jargon, the arguments are rigorous but accessible to readers from different academic backgrounds. Joyce discusses complex issues in plain language while advocating subtle and sometimes radical views. The Evolution of Morality lays the philosophical foundations for further research into the biological understanding of human morality.
Download or read book Morality and the Law written by Richard A. Wasserstrom and published by . This book was released on 1971 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The Principles of Morals and Legislation written by Jeremy Bentham and published by . This book was released on 1879 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses morals' functions and natures that affect the legislation in general. Bases the discussions on pain and pleasure as basic principle of law embodiment. Mentions of the circumstance influencing sensibility, general human actions, intentionality, conciousness, motives, human dispositions, consequencess of mischievous act, case of punishment, and offences' division.
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 Moral Puzzles and Legal Perplexities written by Heidi M. Hurd and published by Cambridge University Press. This book was released on 2018-11-22 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Engages with the life and work of Larry Alexander to explore puzzles and paradoxes in legal and moral theory.
Download or read book Contract Law and Social Morality written by Peter M. Gerhart and published by Cambridge University Press. This book was released on 2021-02-18 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: When people in a relationship disagree about their obligations to each other, they need to rely on a method of reasoning that allows the relationship to flourish while advancing each person's private projects. This book presents a method of reasoning that reflects how people reason through disagreements and how courts create doctrine by reasoning about the obligations arising from the relationship. Built on the ideal of the other-regarding person, Contract Law and Social Morality displays a method of reasoning that allows one person to integrate their personal interests with the interests of another, determining how divergent interests can be balanced against each other. Called values-balancing reasoning, this methodology makes transparent the values at stake in a disagreement, and provides a neutral and objective way to identify and evaluate the trade-offs that are required if the relationship is to be sustained or terminated justly.
Download or read book I Me Mine written by Béatrice Longuenesse and published by Oxford University Press. This book was released on 2017-01-12 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Béatrice Longuenesse presents an original exploration of our understanding of ourselves and the way we talk about ourselves. In the first part of the book she discusses contemporary analyses of our use of 'I' in language and thought, and compares them to Kant's account of self-consciousness, especially the type of self-consciousness expressed in the proposition 'I think.' According to many contemporary philosophers, necessarily, any instance of our use of 'I' is backed by our consciousness of our own body. For Kant, in contrast, 'I think' just expresses our consciousness of being engaged in bringing rational unity into the contents of our mental states. In the second part of the book, Longuenesse analyzes the details of Kant's view and argues that contemporary discussions in philosophy and psychology stand to benefit from Kant's insights into self-consciousness and the unity of consciousness. The third and final part of the book outlines similarities between Kant's view of the structure of mental life grounding our uses of 'I' in 'I think' and in the moral 'I ought to,' on the one hand; and Freud's analysis of the organizations of mental processes he calls 'ego' and 'superego' on the other hand. Longuenesse argues that Freudian metapsychology offers a path to a naturalization of Kant's transcendental view of the mind. It offers a developmental account of the normative capacities that ground our uses of 'I,' which Kant thought could not be accounted for without appealing to a world of pure intelligences, distinct from the empirical, natural world of physical entities.
