Law and Morality

Law and Morality

Author: David Dyzenhaus

Publisher: University of Toronto Press

ISBN: 0802084478

Category: Philosophy

Page: 1086

View: 216

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Filling a long-standing need for a Canadian textbook in the philosophy of law, this anthology includes articles, readings, and cases in legal philosophy to give students the conceptual tools necessary to consider the general problems of jurisprudence.

The Dynamics of Law and Morality

The Dynamics of Law and Morality

Author: Wibren van der Burg

Publisher: Routledge

ISBN: 9781317035053

Category: Law

Page: 200

View: 613

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This book investigates the dynamic intertwinement of law and morality, with a focus on new and developing fields of law. Taking as its starting point the debates and mutual misunderstandings between proponents of different philosophical traditions, it argues that this theoretical pluralism is better explained once law is accepted as an essentially ambiguous concept. Continuing on, the book develops a robust theory of law that increases our grasp on global legal pluralism and the dynamics of law. This theory of legal interactionism, inspired by the work of Lon Fuller and Philip Selznick, also helps us to understand apparent anomalies of modern law, such as international law, the law of the European Convention on Human Rights and horizontal interactive legislation. In an ecumenical approach, legal interactionism does justice to the valuable core of truth in natural law and legal positivism. Shedding new light on familiar debates between authors such as Fuller, Hart and Dworkin, this book is of value to academics and students interested in legal theory, jurisprudence, legal sociology and moral philosophy.

Criminal Law and Morality in the Age of Consent

Criminal Law and Morality in the Age of Consent

Author: Aniceto Masferrer

Publisher: Springer Nature

ISBN: 9783030641634

Category: Law

Page: 367

View: 689

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This book discusses the relation between morality and politics, and morality and law, a field that has been studied for more than two thousand years The law is a part of human culture, and this touches upon a dynamic reality that is connected to the relation between nature and freedom, nature and culture. If such relations are not clearly understood, as is the case today, the relation between morality and law cannot be properly comprehended either. The relationship between morality and criminal law must constantly evolve to meet the needs of changing times and circumstances. Social changes and new situations require new answers. And since the relationship involves criminal law, legal philosophy and legal history, interdisciplinary approaches are always needed. Featuring fifteen original contributions by legal scholars from various European and American universities, the book does not pretend to solve the complexity of the relation between morality and criminal law, but instead expresses criticism, offers some proposals and stimulates further thought. The book tackles the topic from an interdisciplinary perspective (criminal law, constitutional law, legal philosophy and legal history, among others). As such, it appeals not only to scholars and students, but also to lawyers, policymakers, historians, theologians, philosophers and general readers who are interested in the legal, social, political and philosophical issues of our time.

The Authority of Law

The Authority of Law

Author: Joseph Raz

Publisher: Oxford University Press on Demand

ISBN: 9780199573561

Category: Law

Page: 358

View: 106

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Raz begins by presenting an analysis of the concept of moral authority. He then develops a detailed explanation of the nature of law and legal systems. Within this framework Raz then examines the areas of legal thought that have been viewed as impregnated with moral values.

Law, Morality, and Legal Positivism

Law, Morality, and Legal Positivism

Author: International Association for Philosophy of Law and Social Philosophy. World Congress

Publisher: Franz Steiner Verlag

ISBN: 3515085130

Category: Social Science

Page: 188

View: 989

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Contents P. Capps: Positivism in Law and International Law D. von Daniels: Is Positivism a State Centered Theory? K. E. Himma: Legal Positivism's Conventionality Thesis and the Methodology of Conceptual Analysis R. Nunan: A Modest Rehabilitation of the Separability Thesis A. Oladosu: Choosing Legal Theory on Cultural Grounds: An African Case for Legal Positivism C. Orrego: Hart's Last Legal Positivism: Morality Might Be Objective; Legality Certainly is Not M. Pavcnik: Die (Un)Produktivitat der Positivistischen Jurisprudenz M. Haase: The Hegelianism in Kelsen's Pure Theory of Law S. Papaefthymiou: The House Kelsen Built U. J. Pak: Legal Practitioners' Need of Reflective Application of Legal Philosophy in Korea U. Schmill: Jurisprudence and the Concept of Revolution D. Venema: Judicial Discretion: a Necessary Evil? J. Baker: Rights, Obligations, and Duties, and the Intersection of Law, Conventions and Morals S. Bertea: Legal Systems' Claim to Normativity and the Concept of Law J. Dalberg-Larsen: On the Relevance of Habermas and Theories of Legal Pluralism for the Study of Environmental Law A. Philippopoulos-Mihalopoulos: A Connection of No-Connection in Luhmann and Derrida

Law and Moral Action in World Politics

Law and Moral Action in World Politics

Author: Cecelia Lynch

Publisher: U of Minnesota Press

ISBN: 0816631700

Category: Political Science

Page: 344

View: 686

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Defined by custom and treaty, and now increasingly embodied in charters, regulations, and resolutions of international organizations, does the existence of international law point to progress in humankind's capacity for moral conduct? Or does the lack of a discernible ethical foundation in either law or political action make progress impossible to define? In Law and Moral Action in World Politics, the authors -- activists and scholars of international law and international relations -- pose these questions in new ways. Some adhere to a progressive reading of the law; others adopt a critical stance. Topics included the function and historical evolution of the law; the cultural and intellectual assumptions of influential legal texts; and the experiences of legal activists in using law to pursue moral ends, including the rights of indigenous people and the protection of international law itself.

Classical Morality in International Peremptory Criminal Law

Classical Morality in International Peremptory Criminal Law

Author: Farhad Malekian

Publisher: Cambridge Scholars Publishing

ISBN: 9781527518261

Category: Law

Page: 350

View: 890

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This book begins with the belief that, if a moral principle cannot be identified in the language of the law, if law is not underpinned by a moral understanding of the norm, if the moral accusation is not attached to the violations of certain indispensable norms of the law, then we are violating the peremptory character of the universality of the moral law. The book vicariously objects to any dispute for the advantage of the impunity of those who have cruelly contravened the corpus juris of international peremptory criminal law. What justifies the law in recognizing certain principles as peremptory derives from the highest genetic merit for the international human community as a whole. Here, the term ‘peremptory’, for classical morality, is seen to encompass love for the spirit of truth, for the strength of equality of arms and for the reaffirmation of the value of the essence of man where its infringements violate the indispensable universal rights of nature. This is regardless of whether its perpetrators are Western or non-Western.

On Law, Morality, and Politics (Second Edition)

On Law, Morality, and Politics (Second Edition)

Author: Thomas Aquinas

Publisher: Hackett Publishing

ISBN: 0872206637

Category: Philosophy

Page: 260

View: 476

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The second edition retains the selection of texts presented in the first edition but offers them in new translations by Richard J Regan -- including that of his Aquinas, Treatise on Law (Hackett, 2000). A revised Introduction and glossary, an updated select bibliography, and the inclusion of summarising headnotes for each of the units -- Conscience, Law, Justice, Property, War and Killing, Obedience and Rebellion, and Practical Wisdom and Statecraft -- further enhance its usefulness.

A2 Law for AQA

A2 Law for AQA

Author: Jimmy O'Riordan

Publisher: Heinemann

ISBN: 0435551612

Category: A-level examinations

Page: 356

View: 651

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'A2 Law for AQA' follows the same format as the AS book but in the depth required for A2. It is tailored to the specification and covers all the AQA options for A2. It builds on what students learnt at AS to ensure they reach the levels expected of them in their A2 exams.

Personal Autonomy, the Private Sphere and Criminal Law

Personal Autonomy, the Private Sphere and Criminal Law

Author: Peter Alldridge

Publisher: Hart Publishing

ISBN: 9781901362824

Category: Law

Page: 301

View: 279

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This study compares legal cultures and underlying assumptions about privacy, personal autonomy, and justifications for state intervention in individual behavior through criminal law, focusing primarily on England, Wales, and continental Europe. In theory , at least, Europeans increasingly share a common culture of basic individual rights and of standards against which to measure the legitimacy of state interference with them, as expressed by the European Convention on Human Rights and Fundamental Freedoms. At the same time, the development of a supra-national economic and social order is pushing national criminal justice systems further toward a shared instrumentalist perception of criminal law. Distributed by ISBS. c. Book News Inc.

Contract Law and Morality

Contract Law and Morality

Author: Henry Mather

Publisher: Praeger

ISBN: STANFORD:36105024329083

Category: Law

Page: 208

View: 108

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Combining natural law theory, reliance theory, and economic analysis to develop a jurisprudential approach, this is a prescriptive work presenting a vision of what contract law would be like if it were devoted to teaching moral virtue. The jurisprudential approach draws upon insights of Aristotle, Saint Thomas Aquinas, and other thinkers in the natural law tradition. The author applies this approach to selected legal issues to produce the only contemporary book that uses a natural law approach in prescribing specific reforms in American contract law. Although this study is theoretical, the author, who practiced law for more than eight years, explains technical terms for non-specialist readers. The book employs a pluralistic moral theory and presents a serious challenge to contemporary jurisprudential theories that focus on some single dominant value. A key idea is that contract law should teach and employ certain moral principles when applied to legal issues related to enforceability, remedies, offer and acceptance, and nondisclosure. With respect to each issue, the author compares his proposed resolution with the prevailing current law.

Explorations of Chinese Moral Education Curriculum and Textbooks

Explorations of Chinese Moral Education Curriculum and Textbooks

Author: Desheng Gao

Publisher: Springer Nature

ISBN: 9789811619373

Category: Education

Page: 131

View: 295

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This book shares with English readers Chinese theoretical and practical explorations of moral education curriculum for primary schools within the basic education curriculum reform project since 2001.The book expounds this moral education curriculum reform and focuses on three main ideas: The curriculum’s aim is to enrich children’s experiences and reflect their own lives; the curriculum’s content is originated from children’s lives; the curriculum’s structure is developed from children’s learning approach in their morality and social study. In this book, light is also shed on how to construct moral education textbooks, direct moral instruction, and moral teacher identity in the perspective of moral learning; how to knit law education and Chinese traditional culture education in moral curriculum. This is the first comprehensive book focusing on Chinese moral education curriculum reform. It will appeal to researchers, research students, and writers of moral education textbooks. It is also suitable for teacher training programs to help future teachers learn about moral education curriculum and help them effectively design and organize it for children’s morality study.