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Author: Stephen E. Gottlieb
Publisher: NYU Press
ISBN: 9780814731284
Category : Biography & Autobiography
Languages : en
Pages : 372
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Book Description
We like to think of judges and justices as making decisions based on the facts and the law. But to what extent do jurists decide cases in accordance with their own preexisting philosophy of law, and what specific ideological assumptions account for their decisions? Stephen E. Gottlieb adopts a unique perspective on the decision-making of Supreme Court justices, blending and re-characterizing traditional accounts of political philosophy in a way that plausibly explains many of the justices' voting patterns. A seminal study of the Rehnquist Court, Morality Imposed illustrates how, in contrast to previous courts which took their mandate to be a move toward a freer and/or happier society, the current court evidences little concern for this goal, focusing instead on thinly veiled moral judgments. Delineating a fault line between liberal and conservative justices on the Rehnquist Court, Gottlieb suggests that conservative justices have rejected the basic principles that informed post-New Deal individual rights jurisprudence and have substituted their own conceptions of moral character for these fundamental principles. Morality Imposed adds substantially to our understanding of the Supreme Court, its most recent cases, and the evolution of judicial philosophy in the U.S.
Author: Stephen E. Gottlieb
Publisher: NYU Press
ISBN: 9780814731284
Category : Biography & Autobiography
Languages : en
Pages : 372
Get Book
Book Description
We like to think of judges and justices as making decisions based on the facts and the law. But to what extent do jurists decide cases in accordance with their own preexisting philosophy of law, and what specific ideological assumptions account for their decisions? Stephen E. Gottlieb adopts a unique perspective on the decision-making of Supreme Court justices, blending and re-characterizing traditional accounts of political philosophy in a way that plausibly explains many of the justices' voting patterns. A seminal study of the Rehnquist Court, Morality Imposed illustrates how, in contrast to previous courts which took their mandate to be a move toward a freer and/or happier society, the current court evidences little concern for this goal, focusing instead on thinly veiled moral judgments. Delineating a fault line between liberal and conservative justices on the Rehnquist Court, Gottlieb suggests that conservative justices have rejected the basic principles that informed post-New Deal individual rights jurisprudence and have substituted their own conceptions of moral character for these fundamental principles. Morality Imposed adds substantially to our understanding of the Supreme Court, its most recent cases, and the evolution of judicial philosophy in the U.S.
Author: Dr Alena Rada, PhD
Publisher: Australian Self Publishing Group
ISBN: 1925908623
Category :
Languages : en
Pages :
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Book Description
The book “Imposed Morality” is written from a multidisciplinary perspective and in this sense is totally different from other books dealing with human sexuality and particularly homosexuality.
Author: John Oberdiek
Publisher: Oxford University Press
ISBN: 0199594058
Category : Law
Languages : en
Pages : 193
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Book Description
When we impose risk upon others, what are we doing? What is risking's moral significance? What moral standards govern the imposition of risk? And how should the law respond to it? This book constructs a normative framework of risk imposition to help answer these important and oft-ignored questions.
Author: Cass R. Sunstein
Publisher: Cambridge University Press
ISBN: 1107140706
Category : Business & Economics
Languages : en
Pages : 237
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Book Description
In The Ethics of Influence, Cass R. Sunstein investigates the ethical issues surrounding government nudges, choice architecture, and mandates.
Author: Gustavo Pereira
Publisher: Springer Nature
ISBN: 303026520X
Category : Philosophy
Languages : en
Pages : 190
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Book Description
Social pathologies are social processes that hinder how individuals exercise their autonomy and freedom. In this book, Gustavo Pereira offers an account of such phenomena by defining them as a cognitive failure that affects the practical imagination, thus negatively interfering with our practical life. This failure of the imagination is the consequence of the imposition of a type of practical rationality on a practical context alien to it, caused by a non‐conscious transformation of the individuals’ set of beliefs and values. The research undertaken provides an innovative explanation in terms of microfoundations based on the mechanism of “availability heuristic”, by which the diminished exercise of the imagination turns the intuitively available or prevailing rationality into the one that regulates behaviour in inappropriate contexts. Additionally, this incorrect regulation results in a progressive distortion of the shared sense of the affected practical contexts, which becomes institutionalized. Consumerism, bureaucratism, moralism, juridification, some forms of corruption and the particular Latin American case of “malinchism” can be interpreted as social pathologies insofar as they imply such distortion. This way of conceptualizing social pathologies integrates the traditional sociological macro‐explanation manifested through the negative consequences of the processes of social rationalization with a micro‐explanation articulated around the findings of cognitive psychology such as availability heuristic. Understanding social pathologies as a cognitive failure allows us to identify the introduction of normative friction as the main way to counteract their effects. One of the potential effects of normative friction, as a specific form of cognitive dissonance, is the intense exercise of the imagination, thus operating as a condition of possibility for the exercise of autonomy and reflection. Democratic ethical life, understood as a shared democratic culture, as well as social institutions and narratives, are the privileged social spaces and means to trigger reflective processes that can counteract social pathologies through a reflective reappropriation of the meaning of the shared practical context. An extraordinary contribution by a Critical Theorist to the return of the concept of imagination today. It takes up the challenge once taken by Kant to think about imagination as the pivotal activity not only of knowledge and experience, but above all, for action. The author claims that imagination makes criticism possible (pathologies) and it allows us to envision alternative views into the path for social transformation. Without imagination nothing is possible. María Pía Lara, Universidad Autónoma Metropolitana-Iztapalapa, Mexico
Author: Lon Luvois Fuller
Publisher: Yale University Press
ISBN: 0300004729
Category : Law
Languages : en
Pages : 272
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Book Description
Author: Jeremy Bentham
Publisher:
ISBN:
Category : Civil law
Languages : en
Pages : 378
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Book Description
Discusses morals' functions and natures that affect the legislation in general. Bases the discussions on pain and pleasure as basic principle of law embodiment. Mentions of the circumstance influencing sensibility, general human actions, intentionality, conciousness, motives, human dispositions, consequencess of mischievous act, case of punishment, and offences' division.
Author: Gabriela Basterra
Publisher: Fordham Univ Press
ISBN: 0823265161
Category : Philosophy
Languages : en
Pages : 208
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Book Description
Is freedom our most essential belonging, the intimate source of self-mastery, an inalienable right? Or is it something foreign, an other that constitutes subjectivity, a challenge to our notion of autonomy? To Basterra, the subjectivity we call free embodies a relationship with an irreducible otherness that at once exceeds it and animates its core. Tracing Kant’s concept of freedom from the Critique of Pure Reason to his practical works, Basterra elaborates his most revolutionary insights by setting them in dialogue with Levinas’s Otherwise than Being. Levinas’s text, she argues, offers a deep critique of Kant that follows the impulse of his thinking to its most promising consequences. The complex concepts of freedom, autonomy, and subjectivity that emerge from this dialogue have the potential to energize today’s ethical and political thinking.
Author: Gabriel Abend
Publisher: Princeton University Press
ISBN: 0691171122
Category : Business & Economics
Languages : en
Pages : 413
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Book Description
In recent years, many disciplines have become interested in the scientific study of morality. However, a conceptual framework for this work is still lacking. In The Moral Background, Gabriel Abend develops just such a framework and uses it to investigate the history of business ethics in the United States from the 1850s to the 1930s. According to Abend, morality consists of three levels: moral and immoral behavior, or the behavioral level; moral understandings and norms, or the normative level; and the moral background, which includes what moral concepts exist in a society, what moral methods can be used, what reasons can be given, and what objects can be morally evaluated at all. This background underlies the behavioral and normative levels; it supports, facilitates, and enables them. Through this perspective, Abend historically examines the work of numerous business ethicists and organizations—such as Protestant ministers, business associations, and business schools—and identifies two types of moral background. "Standards of Practice" is characterized by its scientific worldview, moral relativism, and emphasis on individuals' actions and decisions. The "Christian Merchant" type is characterized by its Christian worldview, moral objectivism, and conception of a person's life as a unity. The Moral Background offers both an original account of the history of business ethics and a novel framework for understanding and investigating morality in general.
Author: Bernard Gert
Publisher: Oxford University Press, USA
ISBN: 0195122569
Category : Ethics
Languages : en
Pages : 426
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Book Description
In this final revision of the classic work, the author has produced the fullest and most sophisticated account of this influential theoretical model. Here, he makes clear that morality is an informal system that does not provide unique answers to every moral question but does always limit the range of morally acceptable options, and so explains why some moral disagreements cannot be resolved. The importance placed on the moral ideals also makes clear that the moral rules are only one part of the moral system. A chapter that is devoted to justifying violations of the rules illustrates how the moral rules are embedded in the system and cannot be adequately understood independently of it. The chapter on reasons includes a new account of what makes one reason better than another and elucidates the complex hybrid nature of rationality.
