Download or read book The Duty to Obey the Law written by William Atkins Edmundson and published by Rowman & Littlefield. This book was released on 1999 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question, 'Why should I obey the law?' introduces a contemporary puzzle that is as old as philosophy itself. The puzzle is especially troublesome if we think of cases in which breaking the law is not otherwise wrongful, and in which the chances of getting caught are negligible. Philosophers from Socrates to H.L.A. Hart have struggled to give reasoned support to the idea that we do have a general moral duty to obey the law but, more recently, the greater number of learned voices has expressed doubt that there is any such duty, at least as traditionally conceived. The thought that there is no such duty poses a challenge to our ordinary understanding of political authority and its legitimacy. In what sense can political officials have a right to rule us if there is no duty to obey the laws they lay down? Some thinkers, concluding that a general duty to obey the law cannot be defended, have gone so far as to embrace philosophical anarchism, the view that the state is necessarily illegitimate. Others argue that the duty to obey the law can be grounded on the idea of consent, or on fairness, or on other ideas, such as community.
Download or read book Force and Freedom written by Arthur Ripstein and published by Harvard University Press. This book was released on 2010-02-15 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.
Download or read book Philosophy of Law written by Mark Tebbit and published by Psychology Press. This book was released on 2005 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Simultaneously published in the USA and Canada."
Download or read book A Theory of Legal Obligation written by Stefano Bertea and published by Cambridge University Press. This book was released on 2019-10-03 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bertea puts forward a comprehensive and original theory of legal obligation, understood as a distinctive legal concept.
Download or read book Philosophy Obligation and the Law written by Piero Tarantino and published by Routledge. This book was released on 2018-06-27 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive investigation of the notion of obligation in Bentham’s thought. For Bentham, obligation is a fictitious – namely linguistic – entity, whose import and truth lie in empirical perceptions of pain and pleasure, ‘real’ entities. This work explores Bentham’s fictionalism, and aims to identify the general features that ethical fictitious entities (including obligation) share with other kinds of fictitious entities. The book is divided into two parts: the first examines the ontological and epistemological foundations of Bentham’s distinction between real and fictitious entities; the second part addresses the normative and motivational aspects of moral and legal notions. This book reveals the centrality of the following issues to Bentham’s legal reform: logic, theory of language, physics, metaphysics, metaethics, axiology, moral psychology, the structure of practical reasoning and action with reference to the law.
Download or read book Political Obligation written by Richard E. Flathman and published by Routledge. This book was released on 2019-11-19 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Under what conditions are obedience and disobedience required or justified? To what or whom is obedience or disobedience owed? What are the differences between authority and power and between legitimate and illegitimate government? What is the relationship between having an obligation and having freedom to act? What are the similarities and differences among political, legal, and moral obligations?..." Originally published in 1972, Professor Flathman discusses these crucial issues in political theory in a lucid and stimulating argument. Though mainly concerned to develop his own modified utilitarian standing point he also reviews both the classical and modern literature from Plato and Hobbes to Hare and Rawls. The treatment is philosophical but it is frequently related to practical issues of civil obedience and disobedience and in particular focuses on the relation between law, obligation and social change.
Download or read book The Routledge Companion to Philosophy of Law written by Andrei Marmor and published by Routledge. This book was released on 2012 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Companion to the Philosophy of Law provides a comprehensive, non-technical philosophical treatment of the fundamental questions about the nature of law. Its coverage includes law's relation to morality and the moral obligations to obey the law, the main philosophical debates about particular legal areas such as criminal responsibility, property, contracts, family law, law and justice in the international domain, legal paternalism and the rule of law. The entirely new content has been written specifically for newcomers to the field, making the volume particularly useful for undergraduate and graduate courses in philosophy of law and related areas. All 39 chapters, written by the world's leading researchers and edited by an internationally distinguished scholar, bring a focused, philosophical perspective to their subjects. The Routledge Companion to the Philosophy of Law promises to be a valuable and much consulted student resource for many years.
Download or read book Philosophy Obligation and the Law written by Piero Tarantino and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book presents a comprehensive investigation of the notion of obligation in Benthams thought. For Bentham, obligation is a fictitious namely linguistic entity, whose import and truth lie in empirical perceptions of pain and pleasure, real entities.This work explores Benthams fictionalism, and aims to identify the general features that ethical fictitious entities (including obligation) share with other kinds of fictitious entities. The book is divided into two parts: the first examines the ontological and epistemological foundations of Benthams distinction between real and fictitious entities; the second part addresses the normative and motivational aspects of moral and legal notions.This book reveals the centrality of the following issues to Benthams legal reform: logic, theory of language, physics, metaphysics, metaethics, axiology, the structure of practical reasoning and action with reference to the law."--Provided by publisher.
Download or read book Is There a Duty to Obey the Law written by Christopher Wellman and published by Cambridge University Press. This book was released on 2005-07-25 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central question in political philosophy is whether political states have the right to coerce their constituents and whether citizens have a moral duty to obey the commands of their state. In this 2005 book, Christopher Heath Wellman and A. John Simmons defend opposing answers to this question. Wellman bases his argument on samaritan obligations to perform easy rescues, arguing that each of us has a moral duty to obey the law as his or her fair share of the communal samaritan chore of rescuing our compatriots from the perils of the state of nature. Simmons counters that this, and all other attempts to explain our duty to obey the law, fail. He defends a position of philosophical anarchism, the view that no existing state is legitimate and that there is no strong moral presumption in favor of obedience to, or compliance with, any existing state.
Download or read book The Philosophy of Law written by Immanuel Kant and published by The Lawbook Exchange, Ltd.. This book was released on 2002 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kant's Master Work Published in 1797, The Philosophy of Law [Rechtslehre] stands as one of the most significant late works by the great Prussian philosopher. Though he lived in an atmosphere of political and social repression, it is evident that Kant was sensitive to the revolutionary spirit that was spreading throughout Europe in the wake of Napoleon's armies. Claiming that man is born with reason and an innate desire for freedom, he argued that the union of these natural gifts could bring about a new sense of order and harmony in future generations. This edition also reprints Kant's later Supplementary Explanations (1797), which was added to the second edition (1798). Immanuel Kant [1724-1804] was the foremost thinker of the late Enlightenment and one of the greatest figures in the history of Western philosophy. Concerned principally with epistemology, ethics and aesthetics, his work synthesized trends initiated by Rationalism and Empiricism; it has been a significant influence in the subsequent development of philosophy, religion and law.
Download or read book Obligations written by Scott Veitch and published by Routledge. This book was released on 2021-02-23 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: Obligations: New Trajectories in Law provides a critical analysis of the role of obligations in contemporary legal and social practices. As rights have become the preeminent feature of modern political and legal discourse, the work of obligations has been overshadowed. Questioning and correcting this dominant image of our time, this book brings obligations back into view in a way that fits better with the realities of contemporary social life. Following a historical account of the changing place and priorities of obligations in modernity, the book analyses how obligations and practices of obedience are core to understanding how law sustains conditions of inequality. But it also explores the enduring role obligations play in furthering individual and collective well-being, highlighting their significance in practices that prioritize human and environmental needs, common goods, and solidarity. In doing so, it also offers an alternative and cogent assessment of the force, and the potential, of obligations in contemporary societies. This original jurisprudential contribution will appeal to an academic and student readership in law, politics, and the social sciences.
Download or read book Philosophy of Law written by Raymond Wacks and published by Oxford University Press. This book was released on 2014-02 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Raymond Wacks reveals the intriguing and challenging nature of legal philosophy, exploring the notion of law and its role in our lives. He refers to key thinkers from Aristotle to Rawls, from Bentham to Derrida and looks at the central questions behind legal theory, and law's relation to justice, morality, and democracy.
Download or read book Moral Principles and Political Obligations written by A. John Simmons and published by Princeton University Press. This book was released on 2020-05-05 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Outlining the major competing theories in the history of political and moral philosophy--from Locke and Hume through Hart, Rawls, and Nozick--John Simmons attempts to understand and solve the ancient problem of political obligation. Under what conditions and for what reasons (if any), he asks, are we morally bound to obey the law and support the political institutions of our countries?
Download or read book Political and Legal Obligation written by J. Roland Pennock and published by Routledge. This book was released on 2017-07-12 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a point in history marked by dramatic challenges to the existing political and social order, the question of legal and political obligation emerges as a focal point of international concern. Amid the clamor for radical change in the established order, theories of political obligation demand renewed examination. In this volume, eighteen leading specialists in the legal, philosophical, and political science aspects of the question offer their views on this timely topic. Part I examines the nature of moral, legal, and political obligation. The first essay presents a set of definitions that denies the very existence of obligation. While the second essay disagreeing particularly with respect to the relationship of political to moral tenets, and the third discussing the highly complex interplay between law and morality. The following essay approaches obligation as existing in the context of an established political and legal system and stresses the importance of evaluating the negative consequences of challenges to the law as well as those arising from the absence of challenges. The next paper maintains that political obligation is so complex that its very existence depends upon rational deliberation in particular contexts. The fifth, explores four significant theories but accepts only the one based on the broadest definition of obligation. While the final essay in this part considers political obligation a unique and generalized moral obligation. Part II takes up the conditions of obligation and of obedience. The first essay in this part discusses the conditions necessary to generate a "felt obligation." The second paper, concentrates on exposing key obstacles to empirical proof that behavior is or is not motivated by "felt obligation." While the third draws upon a large body of literature and court decisions dealing with compliance to the law. The forth essay is a case study of Rome probes the role of obligation during that city's seven cent
Download or read book Punishment and Responsibility written by H. L. A. Hart and published by OUP Oxford. This book was released on 2008-03-06 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.
Download or read book Freedom and Responsibility written by Herbert Morris and published by . This book was released on 1964 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Is There a Duty to Obey the Law written by Christopher Wellman and published by Cambridge University Press. This book was released on 2005-07-25 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2005 book discusses whether there is a duty to obey the law and the state.
