Download or read book In the Realm of Legal and Moral Philosophy written by M. Kramer and published by Springer. This book was released on 1998-12-06 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this wide-ranging investigation of many prominent issues in contemporary legal, political, and moral philosophy, Matthew Kramer combines penetrating critiques with original theorising as he examines the writings of numerous major theorists (including Ronald Dworkin, H.L.A. Hart, Alan Gewirth, Ronald Coase and Richard Posner). Among the many topics covered by Kramer's essays are the relative merits of legal positivism and natural-law theory, the appropriate understanding of justice, the role of consequences in moral decision-making, and the ultimate foundations of moral judgements.
Download or read book In the Realm of Legal and Moral Philosophy written by and published by . This book was released on 1998 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this wide-ranging investigation of many prominent issues in contemporary legal, political, and moral philosophy, Matthew Kramer combines penetrating critiques with original theorising as he examines the writings of numerous major theorists (including Ronald Dworkin, H.l.A. Hart, Alan Gewirth, Ronald Coase and Richard Posner). Among the many topics covered by Kramer's essays are the relative merits of legal positivism and natural-law theory, the appropriate understanding of justice, the role of consequences in moral decision-making, and the ultimate foundations of moral judgements.
Download or read book The Realm of Rights written by Judith Jarvis Thomson and published by Harvard University Press. This book was released on 1990 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thomson provides a systematic theory of human and social rights, elucidating what in general makes an attribution of a right true. This is a major effort to provide a stable foundation for the deeply held belief that we are not mere cogs in a communal machine, but are instead individuals whose private interests are entitled to respect.
Download or read book Lectures on the History of Moral Philosophy written by John Rawls and published by Harvard University Press. This book was released on 2000-11-15 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: The premier political philosopher of his day, John Rawls, in three decades of teaching at Harvard, has had a profound influence on the way philosophical ethics is approached and understood today. This book brings together the lectures that inspired a generation of students--and a regeneration of moral philosophy. It invites readers to learn from the most noted exemplars of modern moral philosophy with the inspired guidance of one of contemporary philosophy's most noteworthy practitioners and teachers. Central to Rawls's approach is the idea that respectful attention to the great texts of our tradition can lead to a fruitful exchange of ideas across the centuries. In this spirit, his book engages thinkers such as Leibniz, Hume, Kant, and Hegel as they struggle in brilliant and instructive ways to define the role of a moral conception in human life. The lectures delineate four basic types of moral reasoning: perfectionism, utilitarianism, intuitionism, and--the ultimate focus of Rawls's course--Kantian constructivism. Comprising a superb course on the history of moral philosophy, they also afford unique insight into how John Rawls has transformed our view of this history.
Download or read book The Philosophy of Law written by Christopher Berry Gray and published by Taylor & Francis. This book was released on 1999 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of:The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and to.
Download or read book The Law as a Moral Agent written by Charles Foster and published by Springer Nature. This book was released on 2021-05-01 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the controversial and repercussive contention that an objective of the law should be to promote personal morality - to make people ethically better. It surveys a number of domains, including criminal law, tort law, contract law, family law, and medical law (particularly the realm of moral enhancement technologies) asking for each: (a) Does the existing law seek to promote personal morality? (b) If so, what is the account of morality promoted, and what is the substantive content? (c) Does it work? and (d) Is this a legitimate objective?
Download or read book Agency Morality and Law written by Joshua Jowitt and published by Bloomsbury Publishing. This book was released on 2023-01-12 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does law possess the normative force it requires to direct our actions? This book argues that this seemingly innocuous question is of central importance to the philosophy of law and, by extension, of the very concept of law itself. It advances a position grounded in the secular natural law tradition, and in doing so addresses the two success criteria for this position head on: Firstly, that commitment to the existence of a supreme moral principle is required; Secondly, that any supreme moral principle must be identifiable through human reason. The book argues that these conditions are met by Alan Gewirth's Principle of Generic Consistency (PGC), which – through a dialectically necessary argument – locates the existence of universally applicable moral norms in the concept of agency. Given the very purpose of law is to guide action, legal norms must be located in a unified hierarchy of practical reason. It follows that, if law is to succeed in claiming to be capable of guiding our action, moral permissibility with reference to the PGC is a necessary condition of a rule's legal validity. This strong theory of natural law is defended throughout, both against moral sceptics and positions within contemporary legal positivism.
Download or read book Natural Law and Modern Moral Philosophy Volume 18 Social Philosophy and Policy Part 1 written by Ellen Frankel Paul and published by Cambridge University Press. This book was released on 2001-01-29 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume--written by academic lawyers as well as legal and moral philosophers--address some of the most intriguing questions raised by natural law theory and its implications for law, morality, and public policy. Some of the essays explore the implications that natural law theory has for jurisprudence, asking what natural law suggests about the use of legal devices such as constitutions and precedents. Other essays examine the connections between natural law and natural rights.
Download or read book The Philosophy of the Limit written by Drucilla Cornell and published by Routledge. This book was released on 2016-01-08 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Philosophy of the Limit Drucilla Cornell examines the relationship of deconstruction to questions of ethics, justice and legal interpretation. She argues that renaming deconstruction "the philosophy of the limit" will allow us to be more precise about what deconstruction actually is philosophically and hence to articulate more clearly its significance for law. Cornell's focus on the importance of the limit and the centrality of the gender hierarchy allows her to offer a view of jurisprudence different from both the critical social theory and analytic jurisprudence.
Download or read book The Ethics of Capital Punishment written by Matthew H. Kramer and published by Oxford University Press, USA. This book was released on 2011 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking a fresh look at a central controversy in criminal law theory, The Ethics of Capital Punishment presents a rationale for the death penalty grounded in a theory of the nature of evil and the nature of defilement. Original, unsettling, and deeply controversial, it will be an essential reference point for future debates on the subject.
Download or read book Without Trimmings written by Mark McBride and published by Oxford University Press. This book was released on 2022-05-02 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Matthew Kramer is one of the most important legal philosophers of our time - even if the label 'legal philosopher' does not do justice to the breadth of his work. This collection of essays brings together esteemed philosophers, as well as junior scholars, to critically assess Kramer's philosophy. The contributions focus on Kramer's work on legal philosophy, metaethics, normative ethics, and political philosophy. The volume is divided into six parts, each focusing on different aspect of Kramer's work. The first part, Rights and Right-holding, contains five essays addressing Kramer's work on rights and right-holding, including the Hohfeldian analysis and the interest theory of right-holding. The four essays in the second part, General Jurisprudence, focus on Kramer's work in general jurisprudence, from the compatibility of legal positivism with universal legal error, to his robust defense of inclusive legal positivism, concluding with reflections on his writings on the rule of law. The third part, General Matters of Ethics, contains two essays addressing Kramer's metaethical work on moral realism as a moral doctrine. The fourth and fifth parts, Freedom and Liberalism, have four essays falling within political philosophy, probing Kramer's work on negative freedom and political liberalism, respectively. The sixth part, Applied Ethics, contains two essays on Kramer's work on capital punishment and freedom of expression. The collection is rounded off by reflections on, and replies to, the contributions by Kramer himself.
Download or read book Natural Moral Law in Contemporary Society written by Holger Zaborowski and published by CUA Press. This book was released on 2010-08 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays of this volume examine natural moral law, different natural law theories, and the role that natural law can and should play in our contemporary society
Download or read book The Philosophical Foundations of Environmental Law written by Sean Coyle and published by Hart Publishing. This book was released on 2004-04 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that environmental law must be seen as a historical product of surprising antiquity and considerable sophistication.
Download or read book Reasonableness and Responsibility A Theory of Contract Law written by Martín Hevia and published by Springer Science & Business Media. This book was released on 2012-09-14 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: If, as John Rawls famously suggests, justice is the first virtue of social institutions, how are we to understand the institution of contract law? This book proposes a Rawlsian theory of contract law. It argues that justice requires that we understand contract rules in terms of the idea of reasonable, terms of interaction – that is, terms that would be accepted by reasonable persons moved by a desire for a social world in which they, as free and equal, can cooperate with others on terms they accept. On that basis, the book explains the main doctrines of contract law, including those governing third parties, in both the Common Law and the Civil Law.
Download or read book The Cambridge History of Moral Philosophy written by Sacha Golob and published by Cambridge University Press. This book was released on 2017-12-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: With fifty-four chapters charting the development of moral philosophy in the Western world, this volume examines the key thinkers and texts and their influence on the history of moral thought from the pre-Socratics to the present day. Topics including Epicureanism, humanism, Jewish and Arabic thought, perfectionism, pragmatism, idealism and intuitionism are all explored, as are figures including Aristotle, Boethius, Spinoza, Hobbes, Hume, Kant, Hegel, Mill, Nietzsche, Heidegger, Sartre and Rawls, as well as numerous key ideas and schools of thought. Chapters are written by leading experts in the field, drawing on the latest research to offer rigorous analysis of the canonical figures and movements of this branch of philosophy. The volume provides a comprehensive yet philosophically advanced resource for students and teachers alike as they approach, and refine their understanding of, the central issues in moral thought.
Download or read book Ethics The principles of morality and the departments of the moral life written by Wilhelm Max Wundt and published by . This book was released on 1914 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Invisible Origins of Legal Positivism written by W.E. Conklin and published by Springer Science & Business Media. This book was released on 2001-11-30 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conklin's thesis is that the tradition of modern legal positivism, beginning with Thomas Hobbes, postulated different senses of the invisible as the authorising origin of humanly posited laws. Conklin re-reads the tradition by privileging how the canons share a particular understanding of legal language as written. Leading philosophers who have espoused the tenets of the tradition have assumed that legal language is written and that the authorising origin of humanly posited rules/norms is inaccessible to the written legal language. Conklin's re-reading of the tradition teases out how each of these leading philosophers has postulated that the authorising origin of humanly posited laws is an unanalysable externality to the written language of the legal structure. As such, the authorising origin of posited rules/norms is inaccessible or invisible to their written language. What is this authorising origin? Different forms include an originary author, an a priori concept, and an immediacy of bonding between person and laws. In each case the origin is unwritten in the sense of being inaccessible to the authoritative texts written by the officials of civil institutions of the sovereign state. Conklin sets his thesis in the context of the legal theory of the polis and the pre-polis of Greek tribes. The author claims that the problem is that the tradition of legal positivism of a modern sovereign state excises the experiential, or bodily, meanings from the written language of the posited rules/norms, thereby forgetting the very pre-legal authorising origin of the posited norms that each philosopher admits as offering the finality that legal reasoning demands if it is to be authoritative.
