Download or read book Beyond Contractual Morality written by Julia Simon and published by University Rochester Press. This book was released on 2001 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Contractual Morality looks at current debates over the meaning of liberalism by reexamining their roots in eighteenth-century texts, which demonstrate the historical intertwining of political, legal and moral problems in their extension of social contract theory into various realms of public and private lives. Writers such as Rousseau, Voltaire, Sade, and Montesquieu are discussed. In light of contemporary debates over liberalism, and informed by the problems of contemporary democratic, pluralistic culture, Beyond Contractual Morality reexamines the roots of these current discussions in eighteenth-century texts. Enlightenment texts demonstrate the historical intertwining of political, legal and moral problems in their extension of social contract theory into various realms of private and public life. Specifically, these textspoint to an over-reliance on the notion of contract to resolve ethical dilemmas. A range of issues and authors is discussed, including: the historical development of social contract theory from Hobbes to Rousseau; conflicting conceptions of education in Rousseau's writings; the rise of professional ethics; the concept of tolerance as discussed by Montesquieu, Voltaire, and Rousseau; the divide between the public and private realms in the writings of Charriere and Sade. Beyond Contractual Morality concludes with a reemphasis on the contemporary context of debate and proposes a defense of a revised version of liberalism that can take account of positive duties without sacrificing individual autonomy.Julia Simon is Associate Professor of French at the Pennsylvania State University.
Download or read book Social Contract Theory for a Diverse World written by Ryan Muldoon and published by Taylor & Francis. This book was released on 2016-10-14 with total page 143 pages. Available in PDF, EPUB and Kindle. Book excerpt: Very diverse societies pose real problems for Rawlsian models of public reason. This is for two reasons: first, public reason is unable accommodate diverse perspectives in determining a regulative ideal. Second, regulative ideals are unable to respond to social change. While models based on public reason focus on the justification of principles, this book suggests that we need to orient our normative theories more toward discovery and experimentation. The book develops a unique approach to social contract theory that focuses on diverse perspectives. It offers a new moral stance that author Ryan Muldoon calls, "The View From Everywhere," which allows for substantive, fundamental moral disagreement. This stance is used to develop a bargaining model in which agents can cooperate despite seeing different perspectives. Rather than arguing for an ideal contract or particular principles of justice, Muldoon outlines a procedure for iterated revisions to the rules of a social contract. It expands Mill's conception of experiments in living to help form a foundational principle for social contract theory. By embracing this kind of experimentation, we move away from a conception of justice as an end state, and toward a conception of justice as a trajectory. Listen to Robert Talisse interview Ryan Muldoon about Social Contract Theory for a Diverse World on the podcast, New Books in Philosophy: http://tinyurl.com/j9oq324 Also, read Ryan Muldoon’s related Niskanen Center article, "Diversity and Disagreement are the Solution, Not the Problem," published Jan. 10, 2017: https://niskanencenter.org/blog/diversity-disagreement-solution-not-problem/
Download or read book Beyond the New Morality written by Germain Gabriel Grisez and published by . This book was released on 1980 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Social Contract Theory for a Diverse World written by Ryan Muldoon and published by Routledge. This book was released on 2016-10-14 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Very diverse societies pose real problems for Rawlsian models of public reason. This is for two reasons: first, public reason is unable accommodate diverse perspectives in determining a regulative ideal. Second, regulative ideals are unable to respond to social change. While models based on public reason focus on the justification of principles, this book suggests that we need to orient our normative theories more toward discovery and experimentation. The book develops a unique approach to social contract theory that focuses on diverse perspectives. It offers a new moral stance that author Ryan Muldoon calls, "The View From Everywhere," which allows for substantive, fundamental moral disagreement. This stance is used to develop a bargaining model in which agents can cooperate despite seeing different perspectives. Rather than arguing for an ideal contract or particular principles of justice, Muldoon outlines a procedure for iterated revisions to the rules of a social contract. It expands Mill's conception of experiments in living to help form a foundational principle for social contract theory. By embracing this kind of experimentation, we move away from a conception of justice as an end state, and toward a conception of justice as a trajectory. Listen to Robert Talisse interview Ryan Muldoon about Social Contract Theory for a Diverse World on the podcast, New Books in Philosophy: http://tinyurl.com/j9oq324 Also, read Ryan Muldoon’s related Niskanen Center article, "Diversity and Disagreement are the Solution, Not the Problem," published Jan. 10, 2017: https://niskanencenter.org/blog/diversity-disagreement-solution-not-problem/
Download or read book Contract as Promise written by Charles Fried and published by Oxford University Press, USA. This book was released on 2015 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Contract as Promise' is a study of the foundations and structure of contract law. It has both theoretical and pedagogic purposes. It moves from trust to promise to the nuts and bolts of contract law. The author shows that contract law has an underlying unifying moral and practical structure. This second edition retains the original text, and includes a new Preface. It also includes a lengthy postscript that takes account of scholarly and practical developments in the field over the last thirty years, especially the large and rich law and economics literature.
Download or read book Beyond Liberalism written by Katrin Froese and published by . This book was released on 2001 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Social Contract and Beyond written by Hans Gribnau and published by . This book was released on 2019 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paying taxes, as determined by the legislature, is a moral obligation owed by members of a community to their community. Question is whether paying taxes has become an exclusively legal affair: a legal obligation towards the state, replacing a moral obligation towards society. This paper tries to find an answer to that question by analysing social contract theorists and their critics. Social contract theorists and their critics searched for principles underlying a viable civil polity. Hobbes, Spinoza and Hume focused on political and legal authority and obedience; grounding their theories on various ideas regarding human motivations and human sociability.These different starting points resulted in diverging conceptions of the reciprocal relationships between ruler and subjects and between subjects and fellow subjects. We will show the consequences thereof for the relationship between tax law and morality.Different conceptions of the reciprocal relationships involved may invite behaviour varying from minimalist compliance to a more liberal compliance with tax law. Taxpayers facing absolute sovereignty may adopt a legalistic attitude relying on the letter of the law or exploiting loopholes rather than stay within the spirit of applicable tax legislation.
Download or read book Behaviour Beyond the Text and the Morality Clause in Twenty First Century Publishing written by Chiara Bullen and published by Cambridge University Press. This book was released on 2024-08-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A morality clause allows contracting parties to terminate a contractual agreement with those who exhibit behaviour deemed unacceptable. Established in 1920s Hollywood, these contractual clauses are now found in twenty-first-century publishing agreements. This Element investigates the presence of the morality clause in the UK book publishing industry in relation to an increased focus on author behaviour beyond the text in the twenty-first-century, examining the way it operates within the publishing field in the context of behaviour perceived to be 'problematic'. It asserts the clause is perceived to be needed due to the emergence of social media and twenty-first-century social contexts combining to impact the author-reader relationship which, in turn, leads to author behaviour acting as a paratextual threshold to their work. This Element presents an analysis of the morality clause in practice, concluding the clause has the potential to further the power imbalance between author and publisher.
Download or read book The Disabled Contract written by Jonas-Sébastien Beaudry and published by Cambridge University Press. This book was released on 2022-09-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social contract theories generally predicate the authority of rules that govern society on the idea that these rules are the product of a contractual agreement struck between members of society. These theories embody values, such as equality, reciprocity and rationality, that are highly prized within our culture. Yet a closer inspection reveals that these features exclude other important values, relations and even persons from the realm of contractual morality and justice, especially people with severe intellectual disabilities. Jonas-Sébastien Beaudry explores the moral status of intellectually disabled people in social contract thought and argues that this tradition needs to be revisited to include the most vulnerable. Addressing this problem will have concrete repercussions in law and policy, because many issues that people with disabilities face are connected to deeply rooted assumptions about their status as full citizens or full members of our moral, political and legal communities.
Download or read book Philosophical Foundations of Contract Law written by Gregory Klass and published by OUP Oxford. This book was released on 2014-12-18 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.
Download or read book Beyond the New Morality written by Germain Grisez and published by University of Notre Dame Pess. This book was released on 1988-09-30 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1974, with a second, revised edition in 1980, Beyond the New Morality has been used widely in introductory ethics courses at the undergraduate level. The book appeals to those who want something not overburdened with theory, and presented in a contemporary idiom. In this third edition of the now standard classroom text, Grisez and Shaw retain the best elements of the earlier versions, including their clear, straightforward presentation and use of nontechnical language. Although the basic approach, content, and organization remain substantially the same, the new edition does develop and amend some aspects of the theory. For example, the community dimension of morality is brought out more clearly and the first principle of morality is now formulated more accurately in terms of willing in line with integral human fulfillment.
Download or read book The Animals Issue written by Peter Carruthers and published by Cambridge University Press. This book was released on 1992-09-24 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peter Carruthers explores a variety of moral theories, arguing that animals lack direct moral significance.
Download or read book The Dignity of Commerce written by Nathan Oman and published by University of Chicago Press. This book was released on 2016 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Dignity of Commerce is a rigorous and novel exploration of moral justification of contract law through how it fosters well-functioning markets. Nathan B. Oman demonstrates how contract law deals overwhelmingly with the matters of commercial exchange, and how commerce in turn breeds habits of mind, or virtues, that support a liberal society. He also shows how markets provide a framework for peaceful cooperation across the fault lines of race, culture, religion, and politics that outdo even democratic political institutions. The Dignity of Commerce is ambitious in its aims and its conclusions and the implications are powerful. It is sure to elicit a serious discussion at the very heart of one of the most central areas of legal studies, and Nathan B. Oman has provided a clear, engaging, and comprehensive vehicle to get the discussion started.
Download or read book Beyond the Western Tradition written by Daniel A. Bonevac and published by McGraw-Hill Humanities, Social Sciences & World Languages. This book was released on 1992 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book What We Owe to Each Other written by T. M. Scanlon and published by Harvard University Press. This book was released on 2000-11-15 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do we judge whether an action is morally right or wrong? If an action is wrong, what reason does that give us not to do it? Why should we give such reasons priority over our other concerns and values? In this book, T. M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other. According to his contractualist view, thinking about right and wrong is thinking about what we do in terms that could be justified to others and that they could not reasonably reject. He shows how the special authority of conclusions about right and wrong arises from the value of being related to others in this way, and he shows how familiar moral ideas such as fairness and responsibility can be understood through their role in this process of mutual justification and criticism. Scanlon bases his contractualism on a broader account of reasons, value, and individual well-being that challenges standard views about these crucial notions. He argues that desires do not provide us with reasons, that states of affairs are not the primary bearers of value, and that well-being is not as important for rational decision-making as it is commonly held to be. Scanlon is a pluralist about both moral and non-moral values. He argues that, taking this plurality of values into account, contractualism allows for most of the variability in moral requirements that relativists have claimed, while still accounting for the full force of our judgments of right and wrong.
Download or read book Prospects for a Common Morality written by Gene Outka and published by Princeton University Press. This book was released on 1992-11-17 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume centers on debates about how far moral judgments bind across traditions and epochs. Nowadays such debates appear especially volatile, both in popular culture and intellectual discourse: although there is increasing agreement that the moral and political criteria invoked in human rights documents possess cross-cultural force, many modern and postmodern developments erode confidence in moral appeals that go beyond a local consensus or apply outside a particular community. Often the point of departure for discussion is the Enlightenment paradigm of a common morality, in which it is assumed that certain unchanging beliefs inhere in the structure of human reason. Whereas some thinkers continue to defend this paradigm, others modify it in diverse ways without abandoning entirely the attempt to address a universal audience, and still others jettison virtually all of its distinguishing features. Exhibiting a range of positions Western participants take in these debates, this volume seeks to advance the substance of the debates themselves without prejudging the outcome. Rival assessments of the Enlightenment paradigm are offered from various philosophical and theological points of view. In addition to the editors, the contributors include Robert Merrihew Adams, Annette C. Baier, Alan Donagan, Margaret A. Farley, Alan Gewirth, David Little, Richard Rorty, Jeffrey Stout, and Lee H. Yearley.
Download or read book How to be Good written by John Harris and published by Oxford University Press. This book was released on 2016-04-07 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'How to be Good?' is the pre-eminent question for ethics, although one that philosophers and ethicists seldom address head on. Knowing how to be good, or perhaps (more modestly and more accurately) knowing how to go about trying to be good, and the ways in which it is pointless or self-defeating to try to be good, is of immense theoretical and practical importance. And what goes for trying to be good oneself, goes also for trying to provide others with ways of being good, and for trying to make them good whether they like it or not. This is what is meant by 'moral enhancement'. There are many proposed methodologies or technologies for moral enhancement. Some of them are ancient and/or familiar: we may attempt moral enhancement by setting a good example, by good parenting, by education or training, by peer pressure, by telling stories with a moral, in words or in pictures, and so on. We can imbibe substances with mood changing or motivational effects. We can also use medical, biological, or other scientific means; we can search for and deploy chemicals, or biological or molecular agents, which we believe will change people for the better; and we can modify the environment to make bad outcomes of all sorts less likely. We can experiment with political and social systems, institutions, and arrangements designed to make the world a better place or people better people. The question whether and to what extent moral enhancement is possible is the subject of this book.
