The Concept of Dilemma in Legal and Judicial Ethics

The Concept of Dilemma in Legal and Judicial Ethics

Author: Przemysław Kaczmarek

Publisher: Wydawnictwo C.H.Beck

ISBN: 9788381580403

Category: Education

Page: 355

View: 898

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Judges and lawyers have to shape their moral competences in order to maintain their professional ethics at a high standard if they want to effectively meet the challenges that modern society will throw at them. This requirement is due to the growing expectation that they will be socially and morally responsible for the law. Thus, the need to place ethics at the heart of legal education, and to make ethical reflection pervasive in academic courses, becomes more obvious every day. Using the concept and examples of moral dilemmas is a way of facilitating this task. The main purpose of this book is to analyse the concept of moral dilemma in context of judicial and legal ethics, and to provide material for legal education. The structure of this book is designed with this double aim in mind. The theoretical part presents the concept of dilemmas on grounds of metaethics and the perspectives for its application in a professional legal context. The former encompasses situations of conflict of duties or obligations, in which the choice of one conduct necessarily prevents a different conduct, and therefore leads to an unacceptable outcome. Hence, the situation of dilemma always involves an issue of moral responsibility and the problem of “dirty hands”. How such situations are present in legal practice and how to deal with them is the main concern of this part. The considerations are divided into three levels of reflection – deontological, axiological, and moral responsibility. The practical part of the book contains an overview of 150 dilemmas that can be useful in legal ethics or other legal courses. The dilemmas are divided into chapters covering the following branches of law: criminal law, civil and commercial law, family and custody law, labour and social security law, and constitutional law. Every dilemma presents a description of the facts, a reconstruction of dilemma, its standard solution and some critical remarks from a meta-ethical perspective. The dilemmas cover situations regularly met in everyday practice, as well as examples of more exceptional challenges in connection with constitutional crises that have occurred in Poland in recent years.

Moral Combat

Moral Combat

Author: Heidi Hurd

Publisher: Cambridge University Press

ISBN: 0521642248

Category: Law

Page: 372

View: 641

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This book explores the thesis that legal roles force people to engage in moral combat, an idea which is implicit in the assumption that citizens may be morally required to disobey unjust laws, while judges may be morally required to punish citizens for civil disobedience. Heidi Hurd advances the surprising argument that the law cannot require us to do what morality forbids. The 'role-relative' understanding of morality is shown to be incompatible with both consequentialist and deontological moral philosophies. In the end, Hurd shows that our best moral theory is one which never makes one actor's moral success turn on another's moral failure. Moral Combat is a sophisticated, well-conceived and carefully argued book on a very important and controversial topic at the junction between legal and political philosophy. It will be of interest to moral, legal, and political philosophers, as well as teachers and students of professional ethics in law.

Ethical Dilemmas and Decisions in Criminal Justice

Ethical Dilemmas and Decisions in Criminal Justice

Author: Joycelyn M. Pollock

Publisher: Cengage Learning

ISBN: 9781305856585

Category: Education

Page: 512

View: 558

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Packed with current, real-world examples, ETHICAL DILEMMAS AND DECISIONS IN CRIMINAL JUSTICE, 9th Edition offers comprehensive, balanced, and practical coverage of ethics across all three arms of the criminal justice system: the police, the courts, and corrections. Readers find coverage of the philosophical principles and theories that are the foundation of ethical decision-making, as well as the latest challenges and issues in criminal justice -- the militarization of the police, mass imprisonment, wrongful convictions, the misuse of power by elected officials and/or other public servants, and more. The text provides a wealth of hands-on exercises as well as such insightful features as In the News boxes spotlighting recent examples of misconduct. For those studying or contemplating a career in criminal justice, real-life cases and situations demonstrate the significance of ethics in today's criminal justice arena. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

The Rule of Rules

The Rule of Rules

Author: Larry Alexander

Publisher: Duke University Press

ISBN: 0822327368

Category: Law

Page: 296

View: 762

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Rules perform a moral function by restating moral principles in concrete terms, so as to reduce the uncertainty, error, and controversy that result when individuals follow their own unconstrained moral judgment. Although reason dictates that we must follow rules to avoid destructive error and controversy, rules—and hence laws—are imperfect, and reason also dictates that we ought not follow them when we believe they produce the wrong result in a particular case. In The Rule of Rules Larry Alexander and Emily Sherwin examine this dilemma. Once the importance of this moral and practical conflict is acknowledged, the authors argue, authoritative rules become the central problems of jurisprudence. The inevitable gap between rules and background morality cannot be bridged, they claim, although many contemporary jurisprudential schools of thought are misguided attempts to do so. Alexander and Sherwin work through this dilemma, which lies at the heart of such ongoing jurisprudential controversies as how judges should reason in deciding cases, what effect should be given to legal precedent, and what status, if any, should be accorded to “legal principles.” In the end, their rigorous discussion sheds light on such topics as the nature of interpretation, the ancient dispute among legal theorists over natural law versus positivism, the obligation to obey law, constitutionalism, and the relation between law and coercion. Those interested in jurisprudence, legal theory, and political philosophy will benefit from the edifying discussion in The Rule of Rules.

Concepts for International Law

Concepts for International Law

Author: Jean d’Aspremont

Publisher: Edward Elgar Publishing

ISBN: 9781783474684

Category: Law

Page: 960

View: 414

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Concepts shape how we understand and participate in international legal affairs. They are an important site for order, struggle and change. This comprehensive and authoritative volume introduces a large number of concepts that have shaped, at various points in history, international legal practice and thought; intimates at how the many projects of international law have grappled with, and influenced, the world through certain concepts; and introduces new concepts into the discipline.

Maternity Nursing Care (Book Only)

Maternity Nursing Care (Book Only)

Author: Lynna Y. Littleton-Gibbs

Publisher: Cengage Learning

ISBN: 9781285400846

Category: Medical

Page: 976

View: 939

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MATERNITY NURSING CARE, 2nd Edition delivers all of the core components of obstetrical nursing, along with in-depth study features to help you develop and enhance analytical skills. Starting with women's health issues and pregnancy care, the chapters progress through labor and childbirth, postpartum care, and newborn development, addressing the nursing considerations for both normal and high-risk scenarios where appropriate. Written from a nursing perspective, MATERNITY NURSING CARE, 2ND Edition emphasizes overall patient care as opposed to medical treatment alone, and illustrates the critical importance of fostering the nurse-patient relationship. MATERNITY NURSING CARE, 2ND Edition is also bound with a helpful StudyWARETM online, which includescase studies, NCLEX-style review questions, videos, activities, a glossary, and many other features to help you meet and exceed the highest standards of obstetrical nursing care. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Resolving Ethical Dilemmas

Resolving Ethical Dilemmas

Author: Bernard Lo

Publisher: Lippincott Williams & Wilkins

ISBN: 9781451178753

Category: Medical

Page: 388

View: 247

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This timely Fourth Edition offers clinicians expert guidance in approaching a wide range of ethical dilemmas and developing an action plan. Most chapters include real-life sample cases that the author walks through, discussing the salient issues and how to approach them. This edition includes a new chapter on ethical issues in cross-cultural medicine and new material on conscientious objection by physicians in reproductive health and other areas. Other topics addressed include disclosure of errors to patients, gifts to physicians from drug companies, involuntary psychiatric treatment, genomic medicine, and ethical issues during public health emergencies such as pandemics. The updated discussion of organ transplantation includes increasing the donor pool and non-heart beating donors.

Hot Topics in the Legal Profession 2010

Hot Topics in the Legal Profession 2010

Author: Steven Alan Childress

Publisher: Quid Pro Books

ISBN: 9781452356204

Category: Law

Page: 108

View: 304

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Current important events in legal ethics, with up-to-the-minute research, are explored by Tulane students and a legal ethics professor in his Foreword. Purchase of this book benefits Tulane PILF, a nonprofit student group which funds public interest and indigent client representations. Topics include social networking and ads; judicial bias and Caperton; ancillary businesses; and negotiations.

The Ethics of Nuclear Weapons Dissemination

The Ethics of Nuclear Weapons Dissemination

Author: Thomas E. Doyle, II

Publisher: Routledge

ISBN: 9781136229480

Category: Political Science

Page: 202

View: 120

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This book examines the moral dilemmas of nuclear dissemination, and the justifications of both nuclear pursuit and avoidance by contemporary states. Applying Constructivist methodologies and moral theory, the author analyses a core set of moral dilemmas that ensnare decision-makers amongst state and non-state nuclear aspirants, as well as amongst states committed to preventing horizontal proliferation. The book shows that the character, structure and implications of these dilemmas have not yet been adequately understood or appreciated, and that such an understanding is necessary for an effective set of nonproliferation policies. Furthermore, it shows that the dilemmas’ force and political policy import are evident in the 'discourses' that diverse actors undertake to defend their nuclear choices, and how the dilemmas of nuclear aspirants are implicated in those of nuclear preventers. The author advocates a number of policy recommendations that reinforce some already made by scholars and experts but, more importantly, others that advise significantly different courses of action. The book reveals how the moral dilemmas of nuclear aspiration, avoidance, and prevention constitute the security dilemmas and paradoxes that comprise much of the 21st century security environment. This book will be of much interest to students of nuclear proliferation, international relations, ethics, and international security studies.

Cengage Advantage Books: Foundations of the Legal Environment of Business

Cengage Advantage Books: Foundations of the Legal Environment of Business

Author: Marianne M. Jennings

Publisher: Cengage Learning

ISBN: 9781305465251

Category: Business & Economics

Page: 576

View: 605

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With more than 200 real-world cases and critical-thinking exercises, FOUNDATIONS OF THE LEGAL ENVIRONMENT OF BUSINESS, 3E helps readers define their ethical compass within the business world. Authored by a renowned scholar of business ethics, it uses an integrated approach to thoroughly explore the intersection of law, business strategy, and ethics. A concise legal environment text, it covers all core topics and features intriguing examples of legal and ethical issues pulled straight from the news and pop culture. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.