Download or read book Legislative Intent and Other Essays on Law Politics and Morality written by Gerald Cushing MacCallum and published by Univ of Wisconsin Press. This book was released on 1993 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last years of his life, Gerald C. MacCallum, Jr. defied illness to continue his work on the philosophy of law. This book is a monument to MacCallum's effort, containing fourteen of his essays, five of them published here for the first time. Two of those previously published are widely admired and reprinted: "Legislative Intent", certainly one of the best papers published on its topic, and "Negative and Positive Freedom", which offered a new way of looking at a distinction that had been canonical for the last two centuries. To complete MacCallum's unfinished pieces, Marcus G. Singer and Rex Martin painstakingly consulted MacCallum's notes for planned revisions. MacCallum discusses legal reasoning, the application of rules, the interpretation of statutes and constitutional provisions, and the relation of these matters to morality and justice. In the last decade of his working life, he became greatly concerned with the interrelated themes of integrity, autonomy, conscience, and violence. He became interested in the relations between competition and morality and between justice and adversarial systems of law. These themes are woven together in Legislative Intent and constitute the main subject of some of the essays. MacCallum was engaged in a constant search for truth and understanding and in his life and work lived up to Emerson's vision of the "American Scholar" as "Man Thinking". These essays are informed by the author's deep curiosity, penetrating intelligence, wide knowledge, and outstanding character. They will be treasured wherever these characteristics and true philosophy are treasured.
Download or read book Morality Politics and Law written by Michael J. Perry and published by Oxford University Press, USA. This book was released on 1988 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing the proper relation of moral and religious belief to politics and law, especially constitutional law, Perry here discusses whether a common moral foundation exists that is capable of providing, in a diverse social system like ours, consistent guidelines for handling divisive political, policy, religious and constitutional disputes. His study represents a distinctive position in the vast and growing literature on the moral foundations of liberal political and legal life.
Download or read book Law and Interpretation written by Andrei Marmor and published by Oxford University Press, USA. This book was released on 1995 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interest in interpretation has emerged in recent years as one of the main intellectual paradigms of legal scholarship. This collection of new essays in law and interpretation provides the reader with an overview of this important topic, written by some of the most distinguished scholars in the field. The book begins with interpretation as a general method of legal theorizing, and thus provides critical assessment of the recent "interpretative turn" in jurisprudence. Further chapters include essays on the nature of interpretation, its objectivity, the possible determinacy of legal standards, and their nature. Concluding with a series of articles on the role of legislative intent in the interpretation of statutes, this work offers new and refreshing insights into this old controversy.
Download or read book Law in the Age of Pluralism written by Andrei Marmor and published by Oxford University Press. This book was released on 2007-12-31 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law in the Age of Pluralism contains a collection of essays on the intersection of legal and political philosophy. Written within the analytical tradition in jurisprudence, the collection covers a wide range of topics, such as the nature of law and legal theory, the rule of law, the values of democracy and constitutionalism, moral aspects of legal interpretation, the nature of rights, economic equality, and more. The essays in this volume explore issues where law, morality and politics meet, and discuss some of the key challenges facing liberal democracies. Marmor posits that a liberal state must first and foremost respect people's personal autonomy and their differing, though reasonable, conceptions of the good and the just. This basic respect for pluralism is shown to entail a rather skeptical attitude towards grand theories of law and state, such as contemporary constitutionalism or Dworkin's conception of 'law as integrity'. The values of pluralism and respect for autonomy, however, are also employed to justify some of the main aspects of a liberal state, such as the value of democracy, the rule of law, and certain conceptions of equality. The essays are organized in three groups: the first considers the rule of law, democracy and constitutionalism. The second group consists of several essays on the nature of law, legal theory, and their relations to morality. Finally, the collection concludes with essays on the nature of rights, the limits of rights discourse, and the value of economic equality.
Download or read book The Nature of Legislative Intent written by Richard Ekins and published by OUP Oxford. This book was released on 2012-10-11 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory.
Download or read book The Autonomy of Law written by Robert P. George and published by Clarendon Press. This book was released on 1999 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays from legal philosophers offers an assessment of the nature and viability of legal positivism. It addresses questions such as: to what extent is the law adequately described as autonomous?; and should legal theorists maintain a conceptual separation of law and morality?.
Download or read book Collective Action Philosophy and Law written by Teresa Marques and published by Routledge. This book was released on 2021-11-29 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective Action, Philosophy and Law brings together two important strands of philosophical analysis. It combines general philosophical inquiry into collective agency with analyses of specific questions about plural entities and activities in the legal domain. These are issues of growing interest in areas of philosophy like action theory and social ontology, as well as in philosophy of law. The book contains 13 original chapters written by an international team of leading philosophers and legal theorists and is divided into 4 parts: The nature of law and of legislative intention Practical reasoning and duties Causality, blameworthiness and responsibility Citizens, states and institutions. These sections cut across, and build on, different accounts to advance the debate on classical and new issues in collective agency. Each part also features legal-philosophical analyses that draw on general accounts of collective agency to cast new light on the law, descriptive as well as normatively. Collective Action, Philosophy and Law is the first major interdisciplinary and multi-authored work bridging legal and philosophical approaches to collective agency. As such, it is essential reading for students and researchers of philosophy of law, ethics, political philosophy, jurisprudence and legal theory.
Download or read book Reflections on Rawls written by Shaun P. Young and published by Routledge. This book was released on 2016-04-08 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: The late John Rawls was one of the most inspiring, provocative and influential political philosophers of the twentieth century. In this collection a panel of distinguished political philosophers critically explore the intellectual legacy of Rawls. The essays herein engage Rawls's political theorizing from his earliest published writings in the 1950s to his final publication in 2001, Justice as Fairness: A Restatement and explore a diversity of issues related to his arguments, such as the attractiveness of his methodology/methodologies, and the normative coherence and empirical validity of his claims. In turn, the effectiveness both of his arguments and those of various supporters and critics are evaluated from the perspective of a variety of analytical approaches, including cosmopolitanism, communitarianism, perfectionism, liberalism, and legal theory. This book is an edifying and engaging dialogue with ideas and arguments that have provided the theoretical framework for much of contemporary political philosophy, and a thoughtful assessment of their continuing significance and place within the pantheon of political philosophy.
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 Legislating Morality in America written by Donald P. Haider-Markel and published by Bloomsbury Publishing USA. This book was released on 2020-01-07 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title undertakes an impartial, authoritative, and in-depth examination of the moral arguments and ideas behind the laws and policies that govern personal, corporate, and government behavior in the United States. This A–Z encyclopedia surveys the moral arguments that provide the foundation for many of the most important and/or divisive laws, policies, and beliefs that govern modern American society. The work discusses such controversial and important issues as abortion, civil rights, drugs and alcohol, euthanasia, guns, hate crimes, immigration, immunization, natural resource use and protection, prostitution, same-sex marriage, and workplace laws. In the process of surveying historical and current beliefs about appropriate legislative responses to these issues, this work will help readers to understand how conservative and liberal conceptions of justice, fairness, and morality are at the center of so many hot-button political and social issues in 21st century America. The essays featured in the volume cover wide-ranging and controversial topics related to constitutional and religious freedoms, crime and punishment, sexuality and reproduction, environmental protection and public health, national security and civil liberties, social welfare programs, and education.
Download or read book Civil Disobedience written by Piero Moraro and published by Rowman & Littlefield. This book was released on 2019-07-15 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the difference between civil and uncivil disobedience? How can illegal protest be compatible with a democratic regime based on the rule of law? Is Edward Snowden a civil disobedient? This book follows the philosophical debate around these and other issues, showing how the notion of civil disobedience has evolved from a form of passive resistance against injustice, to an active way to engage with the political life of the community. The author presents the major contributions in political and legal philosophy, ranging from John Rawls’ seminal account in 1971,to the recent views advanced by Kimberley Brownlee, David Lefkowitz and William Smith. In the last chapter, the author proposes a novel account of civil disobedience, able to meet some of the unresolved challenges. The author argues that, to make sense of civil disobedience, we should expand our conception of political obligation, so to include acts that, despite being illegal, may reveal the agent’s civility.
Download or read book Philosophical Theory and the Universal Declaration of Human Rights written by William Sweet and published by University of Ottawa Press. This book was released on 2003-05-26 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philosophical Theory and the Universal Declaration of Human Rights examines the relations and interrelations among theoretical and practical analyses of human rights. Edited by William Sweet, this volume draws on the works of philosophers, political theorists and those involved in the implementation of human rights. The essays, although diverse in method and approach, collectively argue that the language of rights and corresponding legal and political instruments have an important place in contemporary social political philosophy.
Download or read book Pluralism and Law written by A. Soeteman and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: What can we say about justice in a pluralist world? Is there some universal justice? Are there universal human rights? What is the function of the state in the modern world? Such are the problems dealt with by the 20th world congress of the International Association for Philosophy of Law and Social Philosophy (Amsterdam, June 2001) and published in this book, which is for legal and social philosophers, students of human rights, and political philosophers.
Download or read book Liberty Reader written by David Miller and published by Routledge. This book was released on 2017-07-05 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: For centuries past, the quest for liberty has driven political movements across the globe, inspiring revolutions in America, France, China and many other countries. Now, we have Iraq and the idea of liberation through preemption. What is this liberty that is so fervently pursued? Does it mean a private space for individuals, the capacity for free and rational choice, or collective self-rule? What is the difference between positive and negative liberty, or the relationship between freedom and coercion? Reflecting on these questions reveals a surprisingly rich landscape of ideas - and further questions. "The Liberty Reader" collects twelve of the most important and insightful essays on issues of freedom currently available. It is essential reading for students of social and political theory, political philosophy, and anyone who wants a deeper understanding of the variety of ideas and ideals behind perennial human strivings for liberty.
Download or read book Compromised Goods written by Ruth Lessl Shively and published by Univ of Wisconsin Press. This book was released on 1997 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nietzsche or Aristotle? Moral subjectivism or moral objectivism? Faced with these stark alternatives, more and more American political theorists and philosophers find themselves in the middle, asserting that moral truth is neither objective fact nor subjective fiction, but a social construction. However understandable, such a compromise is precisely that, a compromising position, Ruth Lessl Shively contends. A powerful critique of this middle position, her book makes a compelling argument for moral realism as the only workable answer to the real dilemmas of political theory and moral life.
Download or read book A Companion to Political Philosophy Methods Tools Topics written by Professor Antonella Besussi and published by Ashgate Publishing, Ltd.. This book was released on 2012-09-01 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive overview of the key concepts and issues of contemporary political philosophy, providing an essential reference work for scholars and advanced students. It is structured in three parts, covering methodological issues; tools and argumentative strategies employed by political philosophy; and concepts and topics key to the discipline. Expert authors from around the world have written twenty chapters in a consistent and engaging style. Each chapter is thoroughly cross-referenced allowing students to appreciate how methodological issues relate to each other, and how methodology and argumentative tools affect the way substantial issues are addressed. The chapters are supplemented by further reading lists and selected bibliographies to aid further research. The companion will be required reading for masters and post-doctoral students, providing them with the appropriate tools for approaching political philosophy in a more thoughtful way, and showing how substantive topics are addressed within different perspectives and paradigms. The companion also provides upper-level undergraduates with a sophisticated introduction to the relevant problems and challenges political philosophy addresses.
Download or read book The Social Contract from Hobbes to Rawls written by David Boucher and published by Routledge. This book was released on 2003-09-02 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.
