LAW LIBERTY AND MORALITY HARRY CAMP LECTURES AT STANFORD UNIVERSITY

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Law Liberty And Morality

Author : H. L. A. Hart
ISBN : 0804701547
Genre : Political Science
File Size : 37.89 MB
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This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two great lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share.
Category: Political Science

Encyclopedia Of Global Justice

Author : Deen K. Chatterjee
ISBN : 9781402091605
Genre : Business & Economics
File Size : 65.68 MB
Format : PDF, ePub, Docs
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This two-volume Encyclopedia of Global Justice, published by Springer, along with Springer's book series, Studies in Global Justice, is a major publication venture toward a comprehensive coverage of this timely topic. The Encyclopedia is an international, interdisciplinary, and collaborative project, spanning all the relevant areas of scholarship related to issues of global justice, and edited and advised by leading scholars from around the world. The wide-ranging entries present the latest ideas on this complex subject by authors who are at the cutting edge of inquiry. The Encyclopedia sets the tone and direction of this increasingly important area of scholarship for years to come. The entries number around 500 and consist of essays of 300 to 5000 words. The inclusion and length of entries are based on their significance to the topic of global justice, regardless of their importance in other areas.
Category: Business & Economics

Catalog Of Copyright Entries Third Series

Author :
ISBN : STANFORD:36105006357599
Genre : Copyright
File Size : 88.93 MB
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Includes Part 1, Number 1: Books and Pamphlets, Including Serials and Contributions to Periodicals (January - June)
Category: Copyright

Making Men Moral

Author : Robert P. George
ISBN : 9780191029608
Genre : Law
File Size : 85.3 MB
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Contemporary liberal thinkers commonly suppose that there is something in principle unjust about the legal prohibition of putatively victimless immoralities. Against the prevailing liberal view, Robert P. George defends the proposition that `moral laws' can play a legitimate, if subsidiary, role in preserving the `moral ecology' of the cultural environment in which people make the morally significant choices by which they form their characters and influence, for good or ill, the moral lives of others. George shows that a defence of morals legislation is fully compatible with a `pluralistic perfectionist' political theory of civil liberties and public morality.
Category: Law

Punishment And Responsibility

Author : H. L. A. Hart
ISBN : 9780191021770
Genre : Law
File Size : 80.41 MB
Format : PDF
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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.
Category: Law

Why Punish How Much

Author : Michael H. Tonry
ISBN : 9780195328851
Genre : Law
File Size : 36.69 MB
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Punishment, like all complex human institutions, tends to change as ways of thinking go in and out of fashion. Normative, political, social, psychological, and legal ideas concerning punishment have changed drastically over time, and especially in recent decades. Why Punish? How Much? collects essays from classical philosophers and contemporary theorists to examine these shifts. Michael Tonry has gathered a comprehensive set of readings ranging from Kant, Hegel, and Bentham to recent writings on developments in the behavioral and medical sciences. Together they cover foundations of punishment theory such as consequentialism, retributivism, and functionalism, new approaches like restorative, communitarian, and therapeutic justice, and mixed approaches that attempt to link theory and policy. This volume includes an accessible introduction that chronicles the development of punishment systems and theorizing over the course of the last two centuries. Why Punish? How Much? provides a fresh and comprehensive approach to thinking about punishment and sentencing for a broad range of law, sociology, philosophy, and criminology courses.
Category: Law

Essays In Jurisprudence And Philosophy

Author : H. L. A. Hart
ISBN : 9780191018725
Genre : Law
File Size : 72.80 MB
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This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.
Category: Law

An Introduction To Rights

Author : William A. Edmundson
ISBN : 9781107378629
Genre : Political Science
File Size : 22.54 MB
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An Introduction to Rights is a readable and accessible introduction to the history, logic, moral implications and political tendencies of the idea of rights. It is organized chronologically and discusses important historical events such as the French and American Revolutions. It treats a range of historical figures, including Grotius, Paley, Hobbes, Locke, Bentham, Burke, Godwin, Douglass, Mill and Hohfeld and relates the concept of rights to contemporary debates such as consequentialism versus contractualism. This thoroughly updated second edition includes a new preface and expands the discussion of the surprising role that slavery has played in the history of rights. It includes new material on egalitarianism, distributive justice and what the demand for equal rights means.
Category: Political Science

The Enforcement Of Morals

Author : Patrick Devlin
ISBN : 0865978050
Genre : Philosophy
File Size : 53.21 MB
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Are morals always relative? Are private actions--among consenting adults--always beyond the law? Or are there some behaviors which so weaken a society that common beliefs about right and wrong must be enforced to protect the common good? In opposing the decriminalization of private acts of homosexuality in Britain, Patrick Devlin maintained that not only is it reasonable to allow popular morality to influence lawmaking, it is imperative: ". . . For a society is not something that is kept together physically; it is held by the invisible bonds of common thought." Some sidestep this controversial issue by asserting that the law should not be used to enforce any morality. Others invoke John Stuart Mill's doctrine that the only purpose for laws governing any member of society is to prevent harm to others, chiefly physical harm. But, Devlin argued, while breaches of shared morality do not cause harm to other individuals in the way that murder and assault do, they do harm society by undermining its moral structure. Patrick Devlin (1905-1992) studied history and law at Cambridge University and became a successful lawyer.
Category: Philosophy

Causation In The Law

Author : H. L. A. Hart
ISBN : 9780191018299
Genre : Law
File Size : 88.72 MB
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An updated and extended second edition supporting the findings of its well-known predecessor which claimed that courts employ common-sense notions of causation in determining legal responsibility.
Category: Law