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The Morality Of Law

Author : Lon L. Fuller
ISBN : 0300010702
Genre : Law
File Size : 67.93 MB
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Tthis book is likely to receive its warmest reception form advanced students of the philosophy of law, who will welcome the relief provided from the frequently sterile tone of much recent work in the field.
Category: Law

Punishment Restorative Justice And The Morality Of Law

Author : Erik Claes
ISBN : 9789050954235
Genre : Law
File Size : 84.65 MB
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Critics take the unclear status of restorative justice practices, along with their vagueness in meaning and purpose, as a clear invitation to a fundamental questioning of the legitimacy of these practices. Their supporters consider the experiment of restorative justice as a platform for reforming penal institutions and for rethinking the legitimacy of orthodox legal reasoning. Within the framework of a rechtsstaat, a democratic state governed by fundamental rights and by the rule of law, both issues of legitimacy lead not only to reflection on concepts such as restoration, punishment, or on such notions as harm and wrong. Questioning the legitimacy both of restorative justice practices and of the prevailing penal system also inevitably involves some reflection on, and articulation of, the underlying values and normative aspirations of such a democratic constitutional state. What are these values and how can they be given appropriate expression in the leading concepts and principles of the criminal law? To what extent are fundamental rights and principles of the rule of law sufficiently reflected in the practices of restorative justice? How are these practices to be related to the criminal justice system according to the normative aspirations of a democratic constitutional state? To what degree can current penal practices be made continuous with these aspirations? These fundamental questions formed the intellectual framework for the 10th Aquinas Conference on Restorative Justice, Punishment and the Morality of Law, at which conference the larger part of the papers published in this volume were presented. Consistent with the structure of the conference, this collection of essays is organised into three parts, each focussing on one central topic and containing a lead essay and corresponding replies. The first part offers critical scrutiny of one of the cornerstones of a criminal justice system governed by the rule of law, namely the principle of legality. Efforts are made to empower this principle through reflection on its underlying values and aspirations, and this in order to meet some of the legitimate ideals and concerns of restorative justice. These efforts are subsequently assessed from both sociological and philosophical perspectives. In the second part, attention is drawn to the legitimacy of restorative justice practices. Here, the normative intuitions of a democratic constitutional state serve either as a critical framework to assess these practices, or, more optimistically, as ideals to whose realisation restorative justice is supposed to make a valuable contribution. And, finally, in the third part, reflection on the value of restorative justice brings us to a fundamental questioning of the legitimacy of punishment and penal practices. Central to the discussion is whether it is possible to interpret and normatively reconstruct the idea and practice of punishment so as to make them compatible with, and even continuous with, the underlying values of a democratic constitutional state.
Category: Law

Ethics In The Public Domain

Author : Joseph Raz
ISBN : 9780198260691
Genre : Philosophy
File Size : 76.29 MB
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In the past twenty years Joseph Raz has consolidated his reputation as one of the most acute, inventive, and energetic scholars currently at work in analytic moral and political theory. This new collection of essays forms a representative selection of his most significant contributions to a number of important debates, including the extent of political duty and obligation, and the issue of self-determination. He also examines aspects of the common (and ancient) theme of the relations between law and morality. This volume of essays, available in one volume for the first time, will be essential to legal philosophers and political theorists.
Category: Philosophy

Religious Zionism Jewish Law And The Morality Of War

Author : Robert Eisen
ISBN : 9780190687090
Genre : Religion
File Size : 76.28 MB
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When the state of Israel was established in 1947, it was immediately thrust into war, and rabbis in the religious Zionist community were confronted with the formidable challenge of constructing a body of Jewish law to deal with this turn of events. A body of law had to be "constructed" herebecause Jewish law had developed mostly during prior centuries when Jews had neither a state nor an army, and therefore it did not include much material on war. Leading rabbis in the religious Zionist camp responded to this challenge with remarkable ingenuity and creativity. They used theirinterpretive skills to greatly expand the little material on war in Jewish law that already existed. They also used those skills to draw out insights from other areas of Jewish law that could be applied to war. The result was a substantial corpus of law on war where almost none had existed before.The work of these rabbis represents a fascinating chapter in the history of Jewish law and ethics, but it has attracted relatively little attention from academics. This book is a pioneering attempt to make up for that shortfall. It examines how five leading rabbis in the religious Zionist communityin the twentieth century dealt with key moral issues in war. Chapters are devoted to R. Abraham Isaac Kook, R. Isaac Halevi Herzog, and R. Eliezer Waldenberg, R. Sha'ul Yisraeli, and R. Shlomo Goren. The moral issues examined include the question of who is a legitimate authority for waging war, whyJews in a modern Jewish state can be drafted to fight on its behalf, and under what circumstances the killing of enemy civilians is permitted. This study also examines how the positions of these rabbis on such issues compare to those of international law.
Category: Religion

The Morality Of Consent

Author : Alexander M. Bickel
ISBN : 0300021194
Genre : History
File Size : 20.94 MB
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Contrasts liberal views in the tradition of John Locke with conservative Whig attitudes as personified by Edmund Burke in a consideration of moral duty and civil disobedience
Category: History

The Morality Of Conflict

Author : Samantha Besson
ISBN : 9781847310187
Genre : Law
File Size : 73.94 MB
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This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously. Even though the law should be regarded as the primary mode of settlement of our moral conflicts,it can, and should, also be the object and the forum of further moral conflicts. There is more to the rule of law than convergence and determinacy and it is important therefore to question the importance of agreement in law and politics. By addressing in detail issues pertaining to the nature and sources of disagreement, its extent and significance, as well as the procedural, institutional and substantive responses to disagreement in the law and their legitimacy, this book suggests the value of a comprehensive approach to thinking about conflict, which until recently has been analysed in a compartmentalized way. It aims to provide a fully-fledged political morality of conflict by drawing on the analysis of topical jurisprudential questions in the new light of disagreement. Developing such a global theory of disagreement in the law should be read in the context of the broader effort of reconstructing a complete account of democratic law-making in pluralistic societies. The book will be of value not only to legal philosophers and constitutional theorists, but also to political and democratic theorists, as well as to all those interested in public decision-making in conditions of conflict.
Category: Law

The Morality Of Happiness

Author : Julia Annas
ISBN : 0198024169
Genre : Philosophy
File Size : 38.97 MB
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Ancient ethical theories, based on the notions of virtue and happiness, have struck many as an attractive alternative to modern theories. But we cannot find out whether this is true until we understand ancient ethics--and to do this we need to examine the basic structure of ancient ethical theory, not just the details of one or two theories. In this book, Annas brings together the results of a wide-ranging study of ancient ethical philosophy and presents it in a way that is easily accessible to anyone with an interest in ancient or modern ethics. She examines the fundamental notions of happiness and virtue, the role of nature in ethical justification and the relation between concern for self and concern for others. Her careful examination of the ancient debates and arguments shows that many widespread assumptions about ancient ethics are quite mistaken. Ancient ethical theories are not egoistic, and do not depend for their acceptance on metaphysical theories of a teleological kind. Most centrally, they are recognizably theories of morality, and the ancient disputes about the place of virtue in happiness can be seen as akin to modern disputes about the demands of morality.
Category: Philosophy

The Morality Of Gay Rights

Author : Carlos Ball
ISBN : 9781135317430
Genre : Political Science
File Size : 74.99 MB
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In The Morality of Gay Rights, Ball presents a comprehensive exploration of the connection between gay rights and political philosophy. He discusses the writing of contemporary political and legal philosophers-including Rawls, Walzer, Nussbaum, Sandel, Rorty and Dworkin-to evaluate how their theoretical frameworks fit the specific gay rights controversies, such as same-sex marriage and parenting by lesbians and gay men, that are part of our nation's political and legal debates.
Category: Political Science