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 Law Liberty and Morality written by Herbert Lionel Adolphus Hart and published by . This book was released on 1978 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Liberty for All written by Elizabeth Price Foley and published by Yale University Press. This book was released on 2008-10-01 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: divIn the opening chapter of this book, Elizabeth Price Foley writes, “The slow, steady, and silent subversion of the Constitution has been a revolution that Americans appear to have slept through, unaware that the blessings of liberty bestowed upon them by the founding generation were being eroded.” She proceeds to explain how, by abandoning the founding principles of limited government and individual liberty, we have become entangled in a labyrinth of laws that regulate virtually every aspect of behavior and limit what we can say, read, see, consume, and do. Foley contends that the United States has become a nation of too many laws where citizens retain precious few pockets of individual liberty. With a close analysis of urgent constitutional questions—abortion, physician-assisted suicide, medical marijuana, gay marriage, cloning, and U.S. drug policy—Foley shows how current constitutional interpretation has gone astray. Without the bias of any particular political agenda, she argues convincingly that we need to return to original conceptions of the Constitution and restore personal freedoms that have gradually diminished over time./DIV
Download or read book Ethics and the Rule of Law written by David Lyons and published by Cambridge University Press. This book was released on 1984 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This clear and systematic introduction to the philosophy of law attempts to answer some important questions about the nature of law and its relationship to social norms and moral standards.
Download or read book The Ethics of Liberty written by Murray N. Rothbard and published by NYU Press. This book was released on 2015-07-04 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authoritative text on the libertarian political position In recent years, libertarian impulses have increasingly influenced national and economic debates, from welfare reform to efforts to curtail affirmative action. Murray N. Rothbard's classic The Ethics of Liberty stands as one of the most rigorous and philosophically sophisticated expositions of the libertarian political position. Rothbard’s unique argument roots the case for freedom in the concept of natural rights and applies it to a host of practical problems. And while his conclusions are radical—that a social order that strictly adheres to the rights of private property must exclude the institutionalized violence inherent in the state—Rothbard’s applications of libertarian principles prove surprisingly practical for a host of social dilemmas, solutions to which have eluded alternative traditions. The Ethics of Liberty authoritatively established the anarcho-capitalist economic system as the most viable and the only principled option for a social order based on freedom. This classic book’s radical insights are sure to inspire a new generation of readers.
Download or read book Law Liberty and Morality written by and published by . This book was released on 1966 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Freedom s Law written by Ronald Dworkin and published by OUP Oxford. This book was released on 1999 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
Download or read book Law Liberty and Morality written by Herbert L. A. Hart and published by . This book was released on 1984 with total page 85 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Essays on the Principles of Morality and Natural Religion written by Lord Henry Home Kames and published by . This book was released on 1751 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Enforcement of Morals written by Patrick Devlin and published by Amagi Books. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are morals always relative? Are private actions--among consenting adults-- always beyond the law? Or are there some behaviors which so weaken a society that common beliefs about right and wrong must be enforced to protect the common good? In opposing the decriminalization of private acts of homosexuality in Britain, Patrick Devlin maintained that not only is it reasonable to allow popular morality to influence lawmaking, it is imperative: " . . . For a society is not something that is kept together physically; it is held by the invisible bonds of common thought." Today, as divisive issues such as same-sex marriage and "don't ask, don't tell" confront our legislative, judicial, and executive branches, the views expressed by Devlin in The Enforcement of Morals resonate and reverberate anew. Patrick Devlin (1905-1992) studied history and law at Cambridge University and became a successful lawyer.
Download or read book Liberty Equality Fraternity written by James Fitzjames Stephen and published by . This book was released on 1873 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Morality Imposed written by Stephen E. Gottlieb and published by NYU Press. This book was released on 2000-09 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: We like to think of judges and justices as making decisions based on the facts and the law. But to what extent do jurists decide cases in accordance with their own preexisting philosophy of law, and what specific ideological assumptions account for their decisions? Stephen E. Gottlieb adopts a unique perspective on the decision-making of Supreme Court justices, blending and re-characterizing traditional accounts of political philosophy in a way that plausibly explains many of the justices' voting patterns. A seminal study of the Rehnquist Court, Morality Imposed illustrates how, in contrast to previous courts which took their mandate to be a move toward a freer and/or happier society, the current court evidences little concern for this goal, focusing instead on thinly veiled moral judgments. Delineating a fault line between liberal and conservative justices on the Rehnquist Court, Gottlieb suggests that conservative justices have rejected the basic principles that informed post-New Deal individual rights jurisprudence and have substituted their own conceptions of moral character for these fundamental principles. Morality Imposed adds substantially to our understanding of the Supreme Court, its most recent cases, and the evolution of judicial philosophy in the U.S.
Download or read book Morality and the Law written by Roslyn Muraskin and published by Pearson. This book was released on 2001 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a work on the role of morality in the various components of the criminal justice system. Specifically the role of defense counsel and prosecutor, the role of the police, the court, corrections, probation and parole officers, and the victims of crimes themselves as well as related issues.
Download or read book The Legacy of H L A Hart written by Matthew H. Kramer and published by Oxford University Press on Demand. This book was released on 2008 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text brings together contributions from 18 of the world's foremost legal and political philosophers to examine the lasting influence of H.L.A. Hart. The essays explore the major subjects of Hart's work: general jurisprudence, criminal responsibility, rights, justice, causation and the foundations of liberalism.
Download or read book Commerce and Manners in Edmund Burke s Political Economy written by Gregory M. Collins and published by Cambridge University Press. This book was released on 2020-05-14 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores Edmund Burke's economic thought through his understanding of commerce in wider social, imperial, and ethical contexts.
Download or read book The Ethics of Redistribution written by Baron Bertrand de Jouvenel and published by Cambridge University Press. This book was released on 2010-01-14 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ethics of Redistribution was originally delivered as a Boutwood Lecture at Corpus Christi College, Cambridge, in the autumn of 1949. The Baron Bertrand de Jouvenel was then an already internationally regarded philosopher whose learned style was a calculated blend of moral. historical and political considerations. In this essay, split between discussions of the socialist ideal and state expenditure, he presents the fraught economic, societal and ethical implications attendant upon the question of income redistribution.
