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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
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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: Dr Alena Rada, PhD
Publisher: Australian Self Publishing Group
ISBN: 1925908631
Category :
Languages : en
Pages : 591
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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. While other books usually present only one point of view such as medical, psychiatric, psychological, social or legal this book present a total and multidisciplinary view. It also includes a discussion of the present views of homosexuality both in the western countries as compared to some non-western societies which do not seem to take the many important aspects of this practice recently discussed and evaluated by western scientists in consideration, and continue to criminalize homosexuality leading to death sentences and executions of gay people or them being stoned publicly to death.
Author: John Oberdiek
Publisher: Oxford University Press
ISBN: 0199594058
Category : Business & Economics
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: Jonathan Quong
Publisher: Oxford University Press
ISBN: 0192591738
Category : Philosophy
Languages : en
Pages : 224
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Book Description
When is it morally permissible to engage in self-defense or the defense of others? Jonathan Quong defends a variety of novel ideas in this book about the morality of defensive force, providing an original philosophical account of the central moral principles that should regulate its use. We cannot understand the morality of defensive force, he reasons, until we ask and answer deeper questions about how the use of defensive force fits with a more general account of justice and moral rights. In developing this stance, Quong presents new views on liability, proportionality, and necessity. He argues that self-defense can sometimes be justified on the basis of an agent-relative prerogative to give greater weight to one's own life and interests, contrary to the dominant view in the literature. Additionally Quong develops a novel conception of individual rights against harm. Unlike some, who believe that our rights against harm are fact-relative, he argues that our rights against being harmed by others must, in certain respects, be sensitive to the evidence that others can reasonably be expected to possess. The book concludes with Quong's extended defense of the means principle, a principle that prohibits harmfully using other persons' bodies or other rightful property unless those persons are duty bound to permit this use or have otherwise waived their claims against such use.
Author: Earl Spurgin
Publisher: Rowman & Littlefield
ISBN: 1786612259
Category : Philosophy
Languages : en
Pages : 307
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Book Description
Moral issues and questions abound in daily life. Media outlets frequently raise awareness of many, such as those concerning individuals’ right to privacy. The same venues seldom, if ever, raise awareness of others, such as moral issues and questions concerning our fantasies. Regardless of the level of publicity various venues afford particular moral matters, most people who become aware of those matters find many interesting and important. A problem most encounter, however, is determining the criteria through which they should approach the moral matters they wish to engage. Ethicists have long sought a moral theory that would provide the desired criteria, but most will grant readily that those efforts have not produced a generally-accepted theory. This book presents the author’s case that a kind of moral liberalism is the theory we should use to engage daily life’s moral matters. The author presents a conception of moral liberalism, argues that it is the best approach to practical morality in a plural society, and applies it to several of morality’s practical matters.
Author: Leonard D. Katz
Publisher: Imprint Academic
ISBN: 9780907845072
Category : Philosophy
Languages : en
Pages : 376
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Book Description
This volume includes four principal papers and a total of 43 peer commentaries on the evolutionary origins of morality.
Author: Florian Demont-Biaggi
Publisher: Springer
ISBN: 3319571230
Category : Philosophy
Languages : en
Pages : 338
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Book Description
This book explores topical issues in military ethics by according peace a central role within an interdisciplinary framework. Whilst war and peace have traditionally been viewed through the lens of philosophical enquiry, political issues and theological ideas - as well as common sense - have also influenced people’s understanding of armed conflicts with regards to both the moral issues they raise and the policies and actions they require. Comprised of fourteen essays on the role and application of peace, the book places emphasis on it’s philosophical, moral, theological, technological, and practical implications. Starting with an overview of Kantian perspectives on peace, it moves to discussions of the Just War debates, religious conceptualizations of peace, and the role of peace in modern war technology and cyber-security. Finally concluding with discussions of the psychological and medical impacts of war and peace on both the individual and the larger society, this collection offers a contribution to the field and will be of interest to a wide audience. Chapters 4, 6 and 10 of this book are available open access under a CC BY 4.0 license at link.springer.com.
Author: Steven Scalet
Publisher: Routledge
ISBN: 1315510758
Category : Philosophy
Languages : en
Pages : 1609
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Book Description
Morality and Moral Controversies provides students with the tools to understand the philosophical ideas that are shaping our world today. This comprehensive anthology includes classic and contemporary readings in moral theory and the most current applied ethics debates emphasizing international concerns. Through analyzing these readings such as Supreme Court decisions, students will grasp the scope of various philosophical discussions Supreme Court justices must have. Morality and Moral Controversies challenges readers to critically assess leading controversies in moral, social, and political philosophy. Upon completing this book, readers will be able to: Understand philosophical ideas that are shaping our world today. Confront conflicts faced when given the choice of morality. Apply various philosophical ideas to politics, religion, economics, relationships, and medicine. Discuss basic philosophical arguments.
Author: Frank G. Kirkpatrick
Publisher: Routledge
ISBN: 1351774433
Category : Religion
Languages : en
Pages : 214
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Book Description
This title was first published in 2003. This book develops a moral ontology for a theistic ethic that engages the work of contemporary moral and political philosophers, and reaffirms the relevance of a theistic tradition of God's relation to the world reflected in the fundamental teachings of Judaism, Christianity and Islam. Drawing on recent thought in the non-religious fields of psychology and political and moral philosophy, which build around the concept of human flourishing in community, Kirkpatrick argues that a theistic ethic need not be the captive of parochial or sectarian theological camps. He proposes a common or universal ethic that transcends the fashionable ethnocentric 'incommensurate differences' in morality alleged by many post-modern deconstructionists. In the wake of ethnic religious strife post September 11th 2001, this book argues for a common morality built on the inclusivity of love, community, and justice that can transcend sectarian and parochial boundaries.
Author: Richard Garner
Publisher: Routledge
ISBN: 1351122134
Category : Philosophy
Languages : en
Pages : 222
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Book Description
According to the moral error theorist, all moral judgments are mistaken. The world just doesn’t contain the properties and relations necessary for these judgments to be true. But what should we actually do if we decided that we are in this radical and unsettling predicament—that morality is just a widespread and heartfelt illusion? One suggestion is to eliminate all talk and thought of morality (abolitionism). Another is to carry on believing it anyway (conservationism). And yet another is to treat morality as a kind of convenient fiction (fictionalism). We tend to think of moral thinking as valuable and useful (e.g., for motivating cooperative behavior), but we can also recognize that it can be harmful (e.g., hindering compromise) and even disastrous (e.g., inspiring support for militaristic propaganda). Would we be better off or worse off if we stopped basing decisions on moral considerations? This is a collection of twelve brand new chapters focused on a critical examination of the options available to the moral error theorist. After a general introduction outlining the topic, explaining key terminology, and offering suggestions for further reading, the chapters address questions like: • Is it true that the more that people are motivated by moral concerns, the more likely it is that society will be elitist, authoritarian, and dishonest? • Is an appeal to moral values a useful tool for helping resolve conflicts, or does it actually exacerbate conflicts? • Would it even be possible to abolish morality from our thinking? • If we were to accept a moral error theory, would it be feasible to carry on believing in morality in everyday contexts? • Might moral discourse be usefully modeled on familiar metaphorical language, where we can convey useful and important truths by uttering falsehoods? • Does moral thinking support or undermine a commitment to feminist goals? • What role do moral judgments play in addressing important decisions affecting climate change? The End of Morality: Taking Moral Abolitionism Seriously is the first book to thoroughly address these and other questions, systematically investigating the harms and benefits of moral thought, and considering what the world might be like without morality.
