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The Morality Of Law

Author : Lon L. Fuller
ISBN : 0300010702
Genre : Law
File Size : 70.55 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 : 22.16 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 : 61.82 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 : 36.57 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

Rediscovering Fuller

Author : W. J. Witteveen
ISBN : 9053563873
Genre : Literary Collections
File Size : 52.4 MB
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Lon Fuller, one of the great American jurists of this century, is often remembered only for his stand on the morality of law in the Fuller-Hart debate. Rediscovering Fuller considers the full range of Fuller's writings, from his early engagement with legal fictions and his critique of legal positivism to his later work on implicit law and the art of institutional design. Contributors from the fields of both civil law and common law argue that Fuller's insights are highly relevant to contemporary concerns. The book contains essays by K. Winston, D. Dyzenhaus, P. Cliteur, F. Schauer ("Beyond the Fuller-Hart Debate"), P. Westerman, W. van der Burg, D. Luban ("Moralities of Law"), G. Postema, P. Teachout ("Implicit Law"), R. Macdonald, W. Witteveen, J. Allison, M. Hertogh, K. Soltan ("The Art of Institutional Design"), J. Allan, F. Mootz, J. Vining ("Law's Dialogue"), and a preface by Ph. Selznick. "At some point in the future, when we become more open to the moral relevance of social inquiry, more empirical in our study of philosophical issues, more capable of uniting moral and social theory, Lon Fuller's work will stand as a landmark. This volume will help show the way." —Ph. Selznick
Category: Literary Collections

The Morality Of War Second Edition

Author : Brian Orend
ISBN : 9781770484610
Genre : Philosophy
File Size : 69.53 MB
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The first edition of The Morality of War was one of the most widely-read and successful books ever written on the topic. In this second edition, Brian Orend builds on the substantial strengths of the first, adding important new material on: cyber-warfare; drone attacks; the wrap-up of Iraq and Afghanistan; conflicts in Libya and Syria; and protracted struggles (like the Arab-Israeli conflict). Updated and streamlined throughout, the book offers new research tools and case studies, while keeping the winning blend of theory and history featured in the first edition. This book remains an engaging and comprehensive examination of the ethics, and practice, of war and peace in today’s world.
Category: Philosophy

The Morality Of Consent

Author : Alexander M. Bickel
ISBN : 0300021194
Genre : Law
File Size : 20.61 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: Law

The Morality Of Gay Rights

Author : Carlos Ball
ISBN : 9781135317430
Genre : Political Science
File Size : 36.91 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