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Author: Stephen Darwall
Publisher: Oxford University Press
ISBN: 0199662584
Category : Law
Languages : en
Pages : 228
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Book Description
Stephen Darwall presents a series of essays that explore the view that morality is second-personal, entailing mutual accountability and the authority to address demands. He illustrates the power of the second-personal framework to illuminate a wide variety of issues in moral, political, and legal philosophy.
Author: Stephen Darwall
Publisher: Oxford University Press
ISBN: 0199662584
Category : Law
Languages : en
Pages : 228
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Book Description
Stephen Darwall presents a series of essays that explore the view that morality is second-personal, entailing mutual accountability and the authority to address demands. He illustrates the power of the second-personal framework to illuminate a wide variety of issues in moral, political, and legal philosophy.
Author: Joseph Raz
Publisher: Oxford University Press
ISBN: 0199573565
Category : Law
Languages : en
Pages : 358
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Book Description
Raz begins by presenting an analysis of the concept of moral authority. He then develops a detailed explanation of the nature of law and legal systems. Within this framework Raz then examines the areas of legal thought that have been viewed as impregnated with moral values.
Author: Adil Ahmad Haque
Publisher: Oxford University Press
ISBN: 0199687390
Category : Law
Languages : en
Pages : 305
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Book Description
The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does 'collateral damage' to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. Finally, it explores when, if ever, the emotional pressures under which soldiers act should partially or wholly excuse their wrongful actions --Flap of book cover.
Author: Roslyn Muraskin
Publisher: Pearson
ISBN:
Category : Criminal justice, Administration of
Languages : en
Pages : 182
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Book Description
This is a work on the role of morality in the various components of the criminal justice system. Specifically the role of defense counsel and prosecutor, the role of the police, the court, corrections, probation and parole officers, and the victims of crimes themselves as well as related issues.
Author: Lon Luvois Fuller
Publisher: Yale University Press
ISBN: 0300004729
Category : Law
Languages : en
Pages : 272
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Book Description
Author: Stephen Darwall
Publisher: Harvard University Press
ISBN: 0674034627
Category : Philosophy
Languages : en
Pages : 363
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Book Description
Why should we avoid doing moral wrong? The inability of philosophy to answer this question in a compelling manner—along with the moral skepticism and ethical confusion that ensue—result, Stephen Darwall argues, from our failure to appreciate the essentially interpersonal character of moral obligation. After showing how attempts to vindicate morality have tended to change the subject—falling back on non-moral values or practical, first-person considerations—Darwall elaborates the interpersonal nature of moral obligations: their inherent link to our responsibilities to one another as members of the moral community. As Darwall defines it, the concept of moral obligation has an irreducibly second-person aspect; it presupposes our authority to make claims and demands on one another. And so too do many other central notions, including those of rights, the dignity of and respect for persons, and the very concept of person itself. The result is nothing less than a fundamental reorientation of moral theory that enables it at last to account for morality’s supreme authority—an account that Darwall carries from the realm of theory to the practical world of second-person attitudes, emotions, and actions.
Author: Kenneth Einar Himma
Publisher: Oxford University Press
ISBN: 0191035203
Category : Law
Languages : en
Pages : 240
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Book Description
Morality and the Nature of Law explores the conceptual relationship between morality and the criteria that determine what counts as law in a given societythe criteria of legal validity. Is it necessary condition for a legal system to include moral criteria of legal validity? Is it even possible for a legal system to have moral criteria of legal validity? The book considers the views of natural law theorists ranging from Blackstone to Dworkin and rejects them, arguing that it is not conceptually necessary that the criteria of legal validity include moral norms. Further, it rejects the exclusive positivist view, arguing instead that it is conceptually possible for the criteria of validity to include moral norms. In the process of considering such questions, this book considers Raz's views concerning the nature of authority and Shapiro's views about the guidance function of law, which have been thought to repudiate the conceptual possibility of moral criteria of legal validity. The book, then, articulates a thought experiment that shows that it is possible for a legal system to have such criteria and concludes with a chapter that argues that any legal system, like that of the United States, which affords final authority over the content of the law to judges who are fallible with respect to the requirements of morality is a legal system with purely source-based criteria of validity.
Author: Raymond Wacks
Publisher: OUP Oxford
ISBN: 0191510645
Category : Law
Languages : en
Pages : 152
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Book Description
The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Author: Peter M. Gerhart
Publisher: Cambridge University Press
ISBN: 1107136768
Category : Law
Languages : en
Pages : 233
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Book Description
A concise and readable guide to reasoning about the source and content of contractual obligations when disagreements arise.
Author: Carla Bagnoli
Publisher: Oxford University Press
ISBN: 0191618373
Category : Philosophy
Languages : en
Pages :
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Book Description
Emotions shape our mental and social lives. Their relation to morality is, however, problematic. Since ancient times, philosophers have disagreed about the place of emotions in morality. One the one hand, some hold that emotions are disorderly and unpredictable animal drives, which undermine our autonomy and interfere with our reasoning. For them, emotions represent a persistent source of obstacles to morality, as in the case of self-love. Some virtues, such as prudence, temperance, and fortitude, require or simply consist in the capacity to counteract the disruptive effect of emotions. On the other hand, venerable traditions of thought place emotions such as respect, love, and compassion at the very heart of morality. Emotions are sources of moral knowledge, modes of moral recognition, discernment, valuing, and understanding. Emotions such as blame, guilt, and shame are the voice of moral conscience, and are central to the functioning of our social lives and normative practices. New scientific findings about the pervasiveness of emotions posit new challenges to ethical theory. Are we responsible for emotions? What is their relation to practical rationality? Are they roots of our identity or threats to our autonomy? This volume is born out of the conviction that philosophy provides a distinctive approach to these problems. Fourteen original articles, by prominent scholars in moral psychology and philosophy of mind, offer new arguments about the relation between emotions and practical rationality, value, autonomy, and moral identity.
