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Author: Stefano Bertea
Publisher: Taylor & Francis
ISBN: 1040300871
Category : Law
Languages : en
Pages : 273
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Book Description
This volume explores the importance of constitutivism for legal studies. Constitutivism is the view that the normative force, or authority, of practical reasons is grounded in principles, capacities, aims, or functions that are essential to, and thus constitutive of, agency. While the implications that the constitutivist approach has on the fundamental metaethical disputes and central ethical debates have been extensively explored, the literature on the relations between constitutivism and law remains scarce, unsystematic, and sporadic. This collection brings together world-renowned practical philosophers and legal theorists to fill a noticeable gap in the literature. The authors systematically and innovatively address key dimensions of the relationships between constitutivism and the theoretical study of law, as well as programmatically offering novel insights into the conceptual connections between constitutivist claims, fundamental legal concepts and practices, legal issues, and, ultimately, the law as a distinctive concept. The book will be of interest to academics and researchers working in the areas of Legal Philosophy, Legal Theory, Jurisprudence, Moral Philosophy and Metaethics.
Author: Stefano Bertea
Publisher: Taylor & Francis
ISBN: 1040300871
Category : Law
Languages : en
Pages : 273
Get Book Here
Book Description
This volume explores the importance of constitutivism for legal studies. Constitutivism is the view that the normative force, or authority, of practical reasons is grounded in principles, capacities, aims, or functions that are essential to, and thus constitutive of, agency. While the implications that the constitutivist approach has on the fundamental metaethical disputes and central ethical debates have been extensively explored, the literature on the relations between constitutivism and law remains scarce, unsystematic, and sporadic. This collection brings together world-renowned practical philosophers and legal theorists to fill a noticeable gap in the literature. The authors systematically and innovatively address key dimensions of the relationships between constitutivism and the theoretical study of law, as well as programmatically offering novel insights into the conceptual connections between constitutivist claims, fundamental legal concepts and practices, legal issues, and, ultimately, the law as a distinctive concept. The book will be of interest to academics and researchers working in the areas of Legal Philosophy, Legal Theory, Jurisprudence, Moral Philosophy and Metaethics.
Author: Alasdair MacIntyre
Publisher: Cambridge University Press
ISBN: 1316820246
Category : Philosophy
Languages : en
Pages : 337
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Book Description
Alasdair MacIntyre explores some central philosophical, political and moral claims of modernity and argues that a proper understanding of human goods requires a rejection of these claims. In a wide-ranging discussion, he considers how normative and evaluative judgments are to be understood, how desire and practical reasoning are to be characterized, what it is to have adequate self-knowledge, and what part narrative plays in our understanding of human lives. He asks, further, what it would be to understand the modern condition from a neo-Aristotelian or Thomistic perspective, and argues that Thomistic Aristotelianism, informed by Marx's insights, provides us with resources for constructing a contemporary politics and ethics which both enable and require us to act against modernity from within modernity. This rich and important book builds on and advances MacIntyre's thinking in ethics and moral philosophy, and will be of great interest to readers in both fields.
Author: David Fisher
Publisher: OUP Oxford
ISBN: 019161582X
Category : Political Science
Languages : en
Pages : 433
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Book Description
With the ending of the strategic certainties of the Cold War, the need for moral clarity over when, where and how to start, conduct and conclude war has never been greater. There has been a recent revival of interest in the just war tradition. But can a medieval theory help us answer twenty-first century security concerns? David Fisher explores how just war thinking can and should be developed to provide such guidance. His in-depth study examines philosophical challenges to just war thinking, including those posed by moral scepticism and relativism. It explores the nature and grounds of moral reasoning; the relation between public and private morality; and how just war teaching needs to be refashioned to provide practical guidance not just to politicians and generals but to ordinary service people. The complexity and difficulty of moral decision-making requires a new ethical approach - here characterised as virtuous consequentialism - that recognises the importance of both the internal quality and external effects of agency; and of the moral principles and virtues needed to enact them. Having reinforced the key tenets of just war thinking, Fisher uses these to address contemporary security issues, including the changing nature of war, military pre-emption and torture, the morality of the Iraq war, and humanitarian intervention. He concludes that the just war tradition provides not only a robust but an indispensable guide to resolve the security challenges of the twenty-first century.
Author: David Copp
Publisher: OUP USA
ISBN: 0195147790
Category : Philosophy
Languages : en
Pages : 680
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Book Description
The Handbook is a comprehensive reference work in ethical theory consisting of commissioned articles by leading scholars. The first part treats meta-ethics and the second part normative ethical theory. As with all the Oxford Handbooks, the collection is designed to achieve three goals: exposition of central ideas, criticism of other approaches, and defenses of distinct points of view.
Author: Tony Burns
Publisher: Bloomsbury Publishing
ISBN: 1441107169
Category : Philosophy
Languages : en
Pages : 225
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Book Description
Aristotle and Natural Law lays out a new theoretical approach which distinguishes between the notions of 'interpretation,' 'appropriation,' 'negotiation' and 'reconstruction' of the meaning of texts and their component concepts. These categories are then deployed in an examination of the role which the concept of natural law is used by Aristotle in a number of key texts. The book argues that Aristotle appropriated the concept of natural law, first formulated by the defenders of naturalism in the 'nature versus convention debate' in classical Athens. Thereby he contributed to the emergence and historical evolution of the meaning of one of the most important concept in the lexicon of Western political thought. Aristotle and Natural Law argues that Aristotle's ethics is best seen as a certain type of natural law theory which does not allow for the possibility that individuals might appeal to natural law in order to criticize existing laws and institutions. Rather its function is to provide them with a philosophical justification from the standpoint of Aristotle's metaphysics.
Author: Matthew Altman
Publisher: Routledge
ISBN: 1000379345
Category : Law
Languages : en
Pages : 225
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Book Description
This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state’s punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community’s collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory’s advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.
Author: Frank Jackson
Publisher: OUP UK
ISBN: 0199234760
Category : Law
Languages : en
Pages : 918
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Book Description
A guide to today's most exciting research in academic philosophy with more than 30 distinguished scholars to contribute incisive and up-to-date critical surveys of the principal areas of research.
Author: Robert P. George
Publisher: Oxford University Press
ISBN: 9780198235521
Category : Law
Languages : en
Pages : 388
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Book Description
Natural law theory is enjoying a revival of interest in a variety of scholarly disciplines including law, philosophy, political science, and theology and religious studies. This volume presents twelve original essays by leading natural law theorists and their critics. The contributors discuss natural law theories of morality, law and legal reasoning, politics, and the rule of law. Readers get a clear sense of the wide diversity of viewpoints represented among contemporary theorists, and an opportunity to evaluate the arguments and counterarguments exchanged in the current debates between natural law theorists and their critics. Contributors include Hadley Arkes, Joseph M. Boyle, Jr., John Finnis, Robert P. George, Russell Hittinger, Neil MacCormick, Michael Moore, Jeffrey Stout, Joseph Raz, Jeremy Waldron, Lloyd Weinreb, and Ernest Weinrib.
Author: Robert P. George
Publisher: Clarendon Press
ISBN: 9780198267904
Category : Law
Languages : en
Pages : 356
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Book Description
This collection of essays from legal philosophers offers an assessment of the nature and viability of legal positivism. It addresses questions such as: to what extent is the law adequately described as autonomous?; and should legal theorists maintain a conceptual separation of law and morality?.
Author: Nancy E. Snow
Publisher: Oxford University Press
ISBN: 019938519X
Category : Philosophy
Languages : en
Pages : 905
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Book Description
The late twentieth and early twenty-first centuries have seen a renaissance in the study of virtue -- a topic that has prevailed in philosophical work since the time of Aristotle. Several major developments have conspired to mark this new age. Foremost among them, some argue, is the birth of virtue ethics, an approach to ethics that focuses on virtue in place of consequentialism (the view that normative properties depend only on consequences) or deontology (the study of what we have a moral duty to do). The emergence of new virtue theories also marks this new wave of work on virtue. Put simply, these are theories about what virtue is, and they include Kantian and utilitarian virtue theories. Concurrently, virtue ethics is being applied to other fields where it hasn't been used before, including bioethics and education. In addition to these developments, the study of virtue in epistemological theories has become increasingly widespread to the point that it has spawned a subfield known as 'virtue epistemology.' This volume therefore provides a representative overview of philosophical work on virtue. It is divided into seven parts: conceptualizations of virtue, historical and religious accounts, contemporary virtue ethics and theories of virtue, central concepts and issues, critical examinations, applied virtue ethics, and virtue epistemology. Forty-two chapters by distinguished scholars offer insights and directions for further research. In addition to philosophy, authors also deal with virtues in non-western philosophical traditions, religion, and psychological perspectives on virtue.
