Download or read book What Money Can t Buy written by Michael J. Sandel and published by Farrar, Straus and Giroux. This book was released on 2012-04-24 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should we pay children to read books or to get good grades? Should we allow corporations to pay for the right to pollute the atmosphere? Is it ethical to pay people to test risky new drugs or to donate their organs? What about hiring mercenaries to fight our wars? Auctioning admission to elite universities? Selling citizenship to immigrants willing to pay? In What Money Can't Buy, Michael J. Sandel takes on one of the biggest ethical questions of our time: Is there something wrong with a world in which everything is for sale? If so, how can we prevent market values from reaching into spheres of life where they don't belong? What are the moral limits of markets? In recent decades, market values have crowded out nonmarket norms in almost every aspect of life—medicine, education, government, law, art, sports, even family life and personal relations. Without quite realizing it, Sandel argues, we have drifted from having a market economy to being a market society. Is this where we want to be?In his New York Times bestseller Justice, Sandel showed himself to be a master at illuminating, with clarity and verve, the hard moral questions we confront in our everyday lives. Now, in What Money Can't Buy, he provokes an essential discussion that we, in our market-driven age, need to have: What is the proper role of markets in a democratic society—and how can we protect the moral and civic goods that markets don't honor and that money can't buy?
Download or read book The Right to Do Wrong written by Mark Osiel and published by Harvard University Press. This book was released on 2019-02-25 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Common morality—in the form of shame, outrage, and stigma—has always been society’s first line of defense against ethical transgressions. Social mores crucially complement the law, Mark Osiel shows, sparing us from oppressive formal regulation. Much of what we could do, we shouldn’t—and we don’t. We have a free-speech right to be offensive, but we know we will face outrage in response. We may declare bankruptcy, but not without stigma. Moral norms constantly demand more of us than the law requires, sustaining promises we can legally break and preventing disrespectful behavior the law allows. Mark Osiel takes up this curious interplay between lenient law and restrictive morality, showing that law permits much wrongdoing because we assume that rights are paired with informal but enforceable duties. People will exercise their rights responsibly or else face social shaming. For the most part, this system has worked. Social order persists despite ample opportunity for reprehensible conduct, testifying to the decisive constraints common morality imposes on the way we exercise our legal prerogatives. The Right to Do Wrong collects vivid case studies and social scientific research to explore how resistance to the exercise of rights picks up where law leaves off and shapes the legal system in turn. Building on recent evidence that declining social trust leads to increasing reliance on law, Osiel contends that as social changes produce stronger assertions of individual rights, it becomes more difficult to depend on informal tempering of our unfettered freedoms. Social norms can be indefensible, Osiel recognizes. But the alternative—more repressive law—is often far worse. This empirically informed study leaves little doubt that robust forms of common morality persist and are essential to the vitality of liberal societies.
Download or read book Offense to Others written by Joel Feinberg and published by Oxford University Press. This book was released on 1988-01-07 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second volume in Joel Feinberg's series The Moral Limits of the Criminal Law, Offense to Others focuses on the "offense principle," which maintains that preventing shock, disgust, or revulsion is always a morally relevant reason for legal prohibitions. Feinberg clarifies the concept of an "offended mental state" and further contrasts the concept of offense with harm. He also considers the law of nuisance as a model for statutes creating "morals offenses," showing its inadequacy as a model for understanding "profound offenses," and discusses such issues as obscene words and social policy, pornography and the Constitution, and the differences between minor and profound offenses.
Download or read book Overcriminalization written by Douglas Husak and published by Oxford University Press. This book was released on 2008-01-08 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.
Download or read book The Moral Limits of Law written by Ruth C. A. Higgins and published by Oxford University Press on Demand. This book was released on 2004 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ruth Higgins here analyses the related debates concerning the moral obligation to obey the law, conscientious citizenship, and state legitimacy, and argues that traditional accounts of political obligation that assume a bounded conception of the polity are no longer tenable.
Download or read book The Moral Limits of the Criminal Law Harm to self written by Joel Feinberg and published by Oxford University Press, USA. This book was released on 1986 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: N this volume, Feinberg focuses on the meanings of "interest," the relationship between interests and wants, and the distinction between want-regarding and ideal-regarding analyses on interest and hard cases for the applications of the concept of harm. Examples of the "hard cases" are harm to character, vicarious harm, and prenatal and posthumous harm. Feinberg also discusses the relationship between harm and rights, the concept of a victim, and the distinctions of various quantitative dimensions of harm, consent, and offense, including the magnitude, probability, risk, and "importance" of harm.
Download or read book The Moral Limits of the Criminal Law Harmless wrongdoing written by Joel Feinberg and published by . This book was released on 1988 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: N this volume, Feinberg focuses on the meanings of "interest," the relationship between interests and wants, and the distinction between want-regarding and ideal-regarding analyses on interest and hard cases for the applications of the concept of harm. Examples of the "hard cases" are harm to character, vicarious harm, and prenatal and posthumous harm. Feinberg also discusses the relationship between harm and rights, the concept of a victim, and the distinctions of various quantitative dimensions of harm, consent, and offense, including the magnitude, probability, risk, and "importance" of harm.
Download or read book Harmless Wrongdoing written by Joel Feinberg and published by Oxford University Press, USA. This book was released on 1984 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 4th and final volume in the series defines the philosophical basis for criminalizing so-called 'victimless crimes', such as pornography and consensual sexual activity.
Download or read book Limits of Legality written by Jeffrey Brand-Ballard and published by . This book was released on 2010 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges sometimes hear cases in which the law, as they honestly understand it, requires results that they consider morally objectionable. Most people assume that, nevertheless, judges have an ethical obligation to apply the law correctly, at least in reasonably just legal systems. This is the view of most lawyers, legal scholars, and private citizens, but the arguments for it have received surprisingly little attention from philosophers. Combiming ethical theory with discussions of caselaw, Jeffrey Brand-Ballard challenges arguments for the traditional view, including arguments from the fact that judges swear oaths to uphold the law, and arguments from our duty to obey the law, among others. He then develops an alternative argument based on ways in which the rule of law promotes the good. Patterns of excessive judicial lawlessness, even when morally motivated, can damage the rule of law. Brand-Ballard explores the conditions under which individual judges are morally responsible for participating in destructive patterns of lawless judging. These arguments build upon recent theories of collective intentionality and presuppose an agent-neutral framework, rather than the agent-relative framework favored by many moral philosophers. Defying the conventional wisdom, Brand-Ballard argues that judges are not always morally obligated to apply the law correctly. Although they have an obligation not to participate in patterns of excessive judicial lawlessness, an individual departure from the law so as to avoid an unjust result is rarely a moral mistake if the rule of law is otherwise healthy. Limits of Legality will interest philosophers, legal scholars, lawyers, and anyone concerned with the ethics of judging.
Download or read book Offense to Others written by Joel Feinberg and published by Oxford University Press, USA. This book was released on 1984 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second volume in the series The Moral Limits of the Criminal Law, this book explicates the "offense principle," clarifies the concept of the "offended mental state," examines pornography and the Constitution, obscenity, and obscene words and social policy.
Download or read book The Moral Limits of the Criminal Law Harm to others written by Joel Feinberg and published by Oxford University Press, USA. This book was released on 1984 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: These four volumes address the question of the kinds of conduct may the state make criminal without infringing on the moral autonomy of individual citizens.
Download or read book The Limits of Law written by Austin Sarat and published by Stanford University Press. This book was released on 2005 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. The limiting conditions explored in this volume include marking law’s relationship to acts of terror, states of emergency, gestures of surrender, payments of reparations, offers of amnesty, and invocations of retroactivity. These essays explore how law is challenged, frayed, and constituted out of contact with conditions that lie at the farthest reaches of its empirical and normative force.
Download or read book The Moral Limits of the Criminal Law Volume 3 Harm to Self written by Joel Feinberg and published by Oxford University Press, USA. This book was released on 1989-08-17 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume tackles the riddles associated with the commonly proposed principle called 'legal paternalism'. It evaluates (and rejects) the principle that it can be right to impose coercion on a person 'for his own good', whatever his own wishes in the matter.
Download or read book The Limits of Morality written by Shelly Kagan and published by Clarendon Press. This book was released on 1989-03-09 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most of us believe that there are limits to the sacrifices that morality can demand of us. We also think that certain types of acts are simply forbidden, even when necessary for promoting the overall good. Here Kagan argues that attempts to defend these sorts of moral limit are inadequate. In thus rejecting two of the most fundamental features of commonsense morality, the book offers a sustained attack on our ordinary moral views.
Download or read book Why Some Things Should Not Be for Sale written by Debra Satz and published by Oxford University Press. This book was released on 2012-04-19 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The noted philosopher Debra Satz takes a skeptical view of markets, pointing out that free markets are not always a force for good. The idea of free exchange of child labor, human organs, reproductive services, weapons, life saving medicines, and addcitive drugs, strike many as toxic to human values. She asks: What considerations ought to guide the debates about such markets?"--Provided by publisher.
Download or read book The Ethics of Assistance written by Deen K. Chatterjee and published by Cambridge University Press. This book was released on 2004-04-08 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: As globalization has deepened worldwide economic integration, moral and political philosophers have become increasingly concerned to assess duties to help needy people in foreign countries. The essays in this volume present ideas on this important topic by authors who are leading figures in these debates. At issue are both the political responsibility of governments of affluent countries to relieve poverty abroad and the personal responsibility of individuals to assist the distant needy. The wide-ranging arguments shed light on global distributive justice, human rights and their implementation, the varieties of community and the obligations they generate, and the moral relevance of distance. This provocative volume will interest scholars in ethics, political philosophy, political theory, international law and development economics, as well as policy makers, aid agencies, and general readers interested in the moral dimensions of poverty and affluence.
Download or read book The Moral Limits of the Criminal Law Volume 3 Harm to Self written by Joel Feinberg and published by OUP USA. This book was released on 1989-08-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Moral Limits of Criminal Law is a four-volume work that answers the question: what kinds of conduct may a legislature make criminal without infringing the moral autonomy of individual citizens? Volume three, 'Harm to Self', tackles the riddles associated with the commonly proposed principle called 'legal Paternalism'. It evaluates (and rejects) the principle that it can be right to impose coercion on a person 'for his own good', whatever his own wishes in the matter. Chapters in this section discuss the concept of personal autonomy (or 'sovereignty'), voluntariness, and assumption of risk, as well as 'failures of consent' because of duress, fraud, and other factors incompatible with voluntary behaviour.
