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Author: Cathleen Kaveny
Publisher: Georgetown University Press
ISBN: 1589019334
Category : Religion
Languages : en
Pages : 306
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Book Description
Can the law promote moral values even in pluralistic societies such as the United States? Drawing upon important federal legislation such as the Americans with Disabilities Act, legal scholar and moral theologian Cathleen Kaveny argues that it can. In conversation with thinkers as diverse as Thomas Aquinas, Pope John Paul II, and Joseph Raz, she argues that the law rightly promotes the values of autonomy and solidarity. At the same time, she cautions that wise lawmakers will not enact mandates that are too far out of step with the lived moral values of the actual community. According to Kaveny, the law is best understood as a moral teacher encouraging people to act virtuously, rather than a police officer requiring them to do so. In Law’s Virtues Kaveny expertly applies this theoretical framework to the controversial moral-legal issues of abortion, genetics, and euthanasia. In addition, she proposes a moral analysis of the act of voting, in dialogue with the election guides issued by the US bishops. Moving beyond the culture wars, this bold and provocative volume proposes a vision of the relationship of law and morality that is realistic without being relativistic and optimistic without being utopian.
Author: Cathleen Kaveny
Publisher: Georgetown University Press
ISBN: 1589019334
Category : Religion
Languages : en
Pages : 306
Get Book
Book Description
Can the law promote moral values even in pluralistic societies such as the United States? Drawing upon important federal legislation such as the Americans with Disabilities Act, legal scholar and moral theologian Cathleen Kaveny argues that it can. In conversation with thinkers as diverse as Thomas Aquinas, Pope John Paul II, and Joseph Raz, she argues that the law rightly promotes the values of autonomy and solidarity. At the same time, she cautions that wise lawmakers will not enact mandates that are too far out of step with the lived moral values of the actual community. According to Kaveny, the law is best understood as a moral teacher encouraging people to act virtuously, rather than a police officer requiring them to do so. In Law’s Virtues Kaveny expertly applies this theoretical framework to the controversial moral-legal issues of abortion, genetics, and euthanasia. In addition, she proposes a moral analysis of the act of voting, in dialogue with the election guides issued by the US bishops. Moving beyond the culture wars, this bold and provocative volume proposes a vision of the relationship of law and morality that is realistic without being relativistic and optimistic without being utopian.
Author: Amalia Amaya
Publisher: Bloomsbury Publishing
ISBN: 1782250336
Category : Law
Languages : en
Pages : 336
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Book Description
This book explores the relevance of virtue theory to law from a variety of perspectives. The concept of virtue is central in both contemporary ethics and epistemology. In contrast, in law, there has not been a comparable trend toward explaining normativity on the model of virtue theory. In the last few years, however, there has been an increasing interest in virtue theory among legal scholars. 'Virtue jurisprudence' has emerged as a serious candidate for a theory of law and adjudication. Advocates of virtue jurisprudence put primary emphasis on aretaic concepts rather than on duties or consequences. Aretaic concepts are, on this view, crucial for explaining law and adjudication. This book is a collection of essays examining the role of virtue in general jurisprudence as well as in specific areas of the law. Part I puts together a number of papers discussing various philosophical aspects of an approach to law and adjudication based on the virtues. Part II discusses the relationship between law, virtue and character development, with some of the essays selected analysing this relationship by combining both eastern perspectives on virtue and character with western approaches. Parts III and IV examine problems of substantive areas of law, more specifically, criminal law and evidence law, from within a virtue-based framework. Last, Part V discusses the relevance of empathy to our understanding of justice and legal morality.
Author: R. E. Ewin
Publisher: Routledge
ISBN: 1000008851
Category : Philosophy
Languages : en
Pages : 295
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Book Description
This book is a timely interpretation of the moral and political philosophy of Thomas Hobbes. Staying close to Hobbes's text and working from a careful examination of the actual substance of the account of natural law, R. E. Ewin argues that Hobbes well understood the importance of moral behavior to civilized society. This interpretation stands as a much-needed corrective to readings of Hobbes that emphasize the rationally calculated, self-interested nature of human behavior. It poses a significant challenge to currently fashionable game theoretic reconstructions of Hobbesian logic. It is generally agreed that Hobbes applied what he took to be a geometrical method to political theory. But, as Ewin forcefully argues, modem readers have misconstrued Hobbes's geometric method, and this has led to a series of misunderstandings of Hobbes's view of the relationship between politics and morality. Important implications of Ewin's reading are that Hobbes never thought that "the war of each against all" was an empirical possibility for citizens; that his political theory actually presupposes moral agency; and that Hobbes's account of natural law forces us to the conclusion that Hobbes was a virtue theorist. This major contribution to Hobbes studies will be praised and criticized, welcomed and challenged, but it cannot be ignored. All philosophers, political theorists, and historians of ideas dealing with Hobbes will need to take account of it.
Author: Paula Gottlieb
Publisher: Cambridge University Press
ISBN: 052176176X
Category : History
Languages : en
Pages : 243
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Book Description
This text looks at Aristotle's claims, particularly the much-maligned doctrine of the mean.
Author: Jennifer Welchman
Publisher: Hackett Publishing
ISBN: 1603848967
Category : Philosophy
Languages : en
Pages : 252
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Book Description
This collection provides readings from five classic thinkers with importantly distinct approaches to virtue theory, along with five new essays from contemporary thinkers that apply virtue theories to the resolution of practical moral problems. Jennifer Welchman's Introduction discusses the history of virtue theory. A short introduction to each reading highlights the distinctive aspects of the view expressed.
Author: James E. Fleming
Publisher: Harvard University Press
ISBN: 0674070747
Category : Law
Languages : en
Pages : 482
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Book Description
Many have argued in recent years that the U.S. constitutional system exalts individual rights over responsibilities, virtues, and the common good. Answering the charges against liberal theories of rights, James Fleming and Linda McClain develop and defend a civic liberalism that takes responsibilities and virtues—as well as rights—seriously. They provide an account of ordered liberty that protects basic liberties stringently, but not absolutely, and permits government to encourage responsibility and inculcate civic virtues without sacrificing personal autonomy to collective determination. The battle over same-sex marriage is one of many current controversies the authors use to defend their understanding of the relationship among rights, responsibilities, and virtues. Against accusations that same-sex marriage severs the rights of marriage from responsible sexuality, procreation, and parenthood, they argue that same-sex couples seek the same rights, responsibilities, and goods of civil marriage that opposite-sex couples pursue. Securing their right to marry respects individual autonomy while also promoting moral goods and virtues. Other issues to which they apply their idea of civic liberalism include reproductive freedom, the proper roles and regulation of civil society and the family, the education of children, and clashes between First Amendment freedoms (of association and religion) and antidiscrimination law. Articulating common ground between liberalism and its critics, Fleming and McClain develop an account of responsibilities and virtues that appreciates the value of diversity in our morally pluralistic constitutional democracy.
Author: Elisa Grimi
Publisher: Springer
ISBN: 3030158608
Category : Philosophy
Languages : en
Pages : 207
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Book Description
The rise of the phenomenon of virtue ethics in recent years has increased at a rapid pace. Such an explosion carries with it a number of great possibilities, as well as risks. This volume has been written to contribute a multi-faceted perspective to the current conversation about virtue. Among many other thought-provoking questions, the collection addresses the following: What are the virtues, and how are they enumerated? What are the internal problems among ethicists, and what are the objections and replies to contemporary virtue ethics? Additionally, the practical implications following from the answers to these questions are discussed in new and fascinating research. Fundamental concepts such as teleology and eudaimonism are addressed from both a historical and dialectical approach. This tome will contribute not only to providing further clarity to the current horizons in virtue ethics, but also to the practical conclusion following from the study: to challenge the reader toward a greater pursuit of the virtuous life.
Author: Stan van Hooft
Publisher: Routledge
ISBN: 1317494032
Category : Philosophy
Languages : en
Pages : 192
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Book Description
More and more philosophers have advocated varieties of virtue-based ethics that challenge moral theory traditionally founded on moral obligation and the delineation of what is right or wrong in given situations. Virtue ethics, which focuses upon the character of moral agents more than on the moral status of their actions or the consequences of those actions, has become one of the most important and stimulating areas of contemporary ethical theory. "Understanding Virtue Ethics" is an accessible and lively introduction to the subject. It provides a broad overview of the history of virtue ethics from Aristotle to Nietzsche as well as examining the ideas of such contemporary writers as Ricoeur and Levinas. Major themes dealt with by moral theory are examined and how a virtue ethics approach to them differs from those of other traditions is explored. Practical problems of moral complexity such as abortion, euthanasia, and integrity in politics, and how they might be approached from a virtue perspective are considered. The charges of relativism and egoism that are often mounted against virtue ethics are rebutted and virtues that are especially relevant to contemporary life, namely, courage, taking responsibility, and reverence are examined in depth. Finally, the author argues that virtue ethics is highly relevant to our understanding of the moral dimensions of professional roles.
Author: Barbara J. Keys Keys
Publisher: Harvard University Press
ISBN: 0674726030
Category : History
Languages : en
Pages : 368
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Book Description
The American commitment to promoting human rights abroad emerged in the 1970s as a surprising response to national trauma. In this provocative history, Barbara Keys situates this novel enthusiasm as a reaction to the profound challenge of the Vietnam War and its aftermath. Instead of looking inward for renewal, Americans on the right and the left looked outward for ways to restore America's moral leadership. Conservatives took up the language of Soviet dissidents to resuscitate the Cold War, while liberals sought to dissociate from brutally repressive allies like Chile and South Korea. When Jimmy Carter in 1977 made human rights a central tenet of American foreign policy, his administration struggled to reconcile these conflicting visions. Yet liberals and conservatives both saw human rights as a way of moving from guilt to pride. Less a critique of American power than a rehabilitation of it, human rights functioned for Americans as a sleight of hand that occluded from view much of America's recent past and confined the lessons of Vietnam to narrow parameters. From world's judge to world's policeman was a small step, and American intervention in the name of human rights would be a cause both liberals and conservatives could embrace.
Author: Edward Sri
Publisher: Ignatius Press
ISBN: 1642291765
Category : Religion
Languages : en
Pages : 234
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Book Description
In this new book by bestselling author, Edward Sri, we discover the close connection between growing in the virtues and growing in friendship and community with others. A consummate teacher, Dr. Sri leads us through the virtues with engaging examples and an uncanny ability to anticipate and answer our most pressing questions. Dr. Sri shows us in his inimitable, easy-to-read style, that the virtues are the basic life skills we need to give the best of ourselves to God and to the people in our lives. In short, the practice of the virtues give us the freedom to love.
