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Author: Kent Greenawalt
Publisher: Oxford University Press, USA
ISBN: 0195058240
Category : Law
Languages : en
Pages : 396
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Book Description
Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws.
Author: Kent Greenawalt
Publisher: Oxford University Press, USA
ISBN: 0195058240
Category : Law
Languages : en
Pages : 396
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Book Description
Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws.
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.
Author: Samantha Besson
Publisher: Bloomsbury Publishing
ISBN: 1847310184
Category : Law
Languages : en
Pages : 622
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Book Description
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.
Author: Donald Black
Publisher: Oxford University Press
ISBN: 0199831602
Category : Social Science
Languages : en
Pages : 304
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Book Description
Conflict is ubiquitous and inevitable, but people generally dislike it and try to prevent or avoid it as much as possible. So why do clashes of right and wrong occur? And why are some more serious than others? In Moral Time, sociologist Donald Black presents a new theory of conflict that provides answers to these and many other questions. The heart of the theory is a completely new concept of social time. Black claims that the root cause of conflict is the movement of social time, including relational, vertical, and cultural time--changes in intimacy, inequality, and diversity. The theory of moral time reveals the causes of conflict in all human relationships, from marital and other close relationships to those between strangers, ethnic groups, and entire societies. Moreover, the theory explains the origins and clash of right and wrong not only in modern societies but across the world and across history, from conflict concerning sexual behavior such as rape, adultery, and homosexuality, to bad manners and dislike in everyday life, theft and other crime, racism, anti-Semitism, anti-Americanism, witchcraft accusations, warfare, heresy, obscenity, creativity, and insanity. Black concludes by explaining the evolution of conflict and morality across human history, from the tribal to the modern age. He also provides surprising insights into the postmodern emergence of the right to happiness and the expanding rights of humans and non-humans across the world. Moral Time offers an incisive, powerful, and radically new understanding of human conflict--a fundamental and inescapable feature of social life.
Author: Burak Özçelik
Publisher: GRIN Verlag
ISBN: 3668255814
Category : Law
Languages : en
Pages : 14
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Book Description
Polemic Paper from the year 2016 in the subject Law - Philosophy, History and Sociology of Law, grade: 89.00, Bilkent University (English), course: Englis-102, language: English, abstract: It is obvious that law and morality both seek our piece of mind and justice. As a description in the Oxford Dictionary law is the system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties. Law establishes this with the enforcements and punishments if you step over the lines shaped by laws. Morality which is described in Oxford Dictionary as: morality is the differentiation of intentions, decisions, and actions between those that are distinguished as proper and those that are improper also has punishments for bad acts and rewards for good acts like guilt and denouncement for crimes and praise. These two phenomenons might seem very diverse but they have one obvious thing in common: they affect the way we live. The problem is that it is inevitable to say that there is a huge conflict between law and morality and this conflict shows itself on some specific examples. In today’s world some of the law experts may claim that law is absolute. Its importance is over all other regulators like morality. However the conflict between them proves that moral principles are still stronger than legal principles for some cases. Although today one can argue that as long as law permits certain social practices such as same-sex marriage, abortion and legislation of prostitution should not be considered as legally wrong, they are moral problems of modern world, which proves that moral principles are still stronger than legal principles.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Lon Luvois Fuller
Publisher:
ISBN: 9788175341630
Category : Law and ethics
Languages : en
Pages : 0
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Book Description
Author: Yuval Feldman
Publisher:
ISBN: 1107137101
Category : Law
Languages : en
Pages : 257
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Book Description
This book argues that overcoming people's inability to recognize their own wrongdoing is the most important but regrettably neglected area of the behavioral approach to law.
Author: Mark Osiel
Publisher: Harvard University Press
ISBN: 0674368258
Category : Law
Languages : en
Pages : 513
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Book Description
Common morality—in the form of shame, outrage, and stigma—has always been society’s first line of defense against ethical transgressions. Social mores crucially complement the law, Mark Osiel shows, sparing us from oppressive formal regulation. Much of what we could do, we shouldn’t—and we don’t. We have a free-speech right to be offensive, but we know we will face outrage in response. We may declare bankruptcy, but not without stigma. Moral norms constantly demand more of us than the law requires, sustaining promises we can legally break and preventing disrespectful behavior the law allows. Mark Osiel takes up this curious interplay between lenient law and restrictive morality, showing that law permits much wrongdoing because we assume that rights are paired with informal but enforceable duties. People will exercise their rights responsibly or else face social shaming. For the most part, this system has worked. Social order persists despite ample opportunity for reprehensible conduct, testifying to the decisive constraints common morality imposes on the way we exercise our legal prerogatives. The Right to Do Wrong collects vivid case studies and social scientific research to explore how resistance to the exercise of rights picks up where law leaves off and shapes the legal system in turn. Building on recent evidence that declining social trust leads to increasing reliance on law, Osiel contends that as social changes produce stronger assertions of individual rights, it becomes more difficult to depend on informal tempering of our unfettered freedoms. Social norms can be indefensible, Osiel recognizes. But the alternative—more repressive law—is often far worse. This empirically informed study leaves little doubt that robust forms of common morality persist and are essential to the vitality of liberal societies.
Author: C. A. J. Coady
Publisher: Cambridge University Press
ISBN: 9780521560009
Category : Philosophy
Languages : en
Pages : 332
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Book Description
Political violence in the form of wars, insurgencies, terrorism, and violent rebellion constitutes a major human challenge today as it has so often in the past. It is not only a challenge to life and limb, but also to morality itself. In this book, C. A. J. Coady brings a philosophical and ethical perspective to the subject. He places the problems of war and political violence in the frame of reflective ethics. In clear and accessible language, Coady reexamines a range of urgent problems pertinent to political violence against the background of a contemporary approach to just war thinking.
