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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 Here
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: 1589019326
Category : Law
Languages : en
Pages : 306
Get Book Here
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: J. Mark Ramseyer
Publisher: University of Chicago Press
ISBN: 022628204X
Category : Law
Languages : en
Pages : 296
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Book Description
It’s long been known that Japanese file fewer lawsuits per capita than Americans do. Yet explanations for the difference have tended to be partial and unconvincing, ranging from circular arguments about Japanese culture to suggestions that the slow-moving Japanese court system acts as a deterrent. With Second-Best Justice, J. Mark Ramseyer offers a more compelling, better-grounded explanation: the low rate of lawsuits in Japan results not from distrust of a dysfunctional system but from trust in a system that works—that sorts and resolves disputes in such an overwhelmingly predictable pattern that opposing parties rarely find it worthwhile to push their dispute to trial. Using evidence from tort claims across many domains, Ramseyer reveals a court system designed not to find perfect justice, but to “make do”—to adopt strategies that are mostly right and that thereby resolve disputes quickly and economically. An eye-opening study of comparative law, Second-Best Justice will force a wholesale rethinking of the differences among alternative legal systems and their broader consequences for social welfare.
Author: Julia Annas
Publisher: Oxford University Press
ISBN: 0198755740
Category : Law
Languages : en
Pages : 243
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Book Description
Julia Annas explores how Plato's account of the relation of virtue to law developed, and how his ideas were taken up by Cicero and by Philo of Alexandria. She shows that, rather than rejecting the account given in his Republic, Plato develops in the Laws a more careful and sophisticated version of that account.
Author: Thomas E. Hill
Publisher: Oxford University Press, USA
ISBN: 0199692009
Category : Philosophy
Languages : en
Pages : 383
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Book Description
Thomas E. Hill, Jr., interprets and extends Kant's moral theory in a series of essays that highlight its relevance to contemporary ethics. He introduces the major themes of Kantian ethics and explores its practical application to questions about revolution, prison reform, and forcible interventions in other countries for humanitarian purposes.
Author: Jan Klabbers
Publisher: Cambridge University Press
ISBN: 1009203223
Category : Law
Languages : en
Pages : 337
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Book Description
Since rules - legal, ethical or otherwise - cannot determine their own application, they require persons of flesh and blood to interpret and apply them in concrete cases. Presidents and prime ministers, judges, prosecutors, mediators, leaders of international organizations, and even religious leaders and public intellectuals make decisions on how best to understand rules and how best to apply them. It stands to reason that their character traits influence the sort of decisions they take. This book provides the first systematic framework for discussing global governance in terms of the virtues, and illustrates it with a number of detailed examples of concrete decision-making in specific situations. Virtue in Global Governance combines insights from law, ethics, and global governance studies in developing a unique approach to global governance and international law.
Author: Philo
Publisher: Good Press
ISBN:
Category : Fiction
Languages : en
Pages : 91
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Book Description
An ancient Roman history text, translated by Charles Yonge, and written by the Greek philosopher Philo of Alexandria. The Embassy to Gaius was a meeting between Gaius Caligula, the then Roman Emperor, and a large contingent of Jews. They wished to overturn Gaius' plans to have a huge statue of Zeus installed in the temple. Gaius' hatred of the Jews is legendary. This book is important because it helps to understand the relations between Jews and Romans in the first century A.D.
Author: Lawrence Dewan
Publisher: Fordham Univ Press
ISBN: 0823227960
Category : Philosophy
Languages : en
Pages : 711
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Book Description
This title focuses on morals, how human beings should live their lives. The essays included treat the history of philosophy as a development that proceeds by deepening appreciation of basic questions rather than the constant replacement of one worldview by another.
Author: Adrian Vermeule
Publisher: Harvard University Press
ISBN: 0674974719
Category : Law
Languages : en
Pages : 267
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Book Description
Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.
Author: C. Farrelly
Publisher: Springer
ISBN: 1349600733
Category : Philosophy
Languages : en
Pages : 276
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Book Description
This book is the first authoritative text on virtue jurisprudence - the belief that the final end of law is not to maximize preference satisfaction or protect certain rights and privileges, but to promote human flourishing. Scholars of law, philosophy and politics illustrate here the value of the virtue ethics tradition to modern legal theory.
