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Author: Michael J. Perry
Publisher: Oxford University Press
ISBN: 019536239X
Category : Political Science
Languages : en
Pages : 336
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Book Description
Addressing the proper relation of moral and religious belief to politics and law, especially constitutional law, Perry here discusses whether a common moral foundation exists that is capable of providing, in a diverse social system like ours, consistent guidelines for handling divisive political, policy, religious and constitutional disputes. His study represents a distinctive position in the vast and growing literature on the moral foundations of liberal political and legal life.
Author: Michael J. Perry
Publisher: Oxford University Press, USA
ISBN: 0195064569
Category : Constitutional law
Languages : en
Pages : 336
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Book Description
This treatise explores the proper relationship of moral and religious beliefs to politics and law, focusing particularly on the USA, a country which, the author argues, is morally and religiously pluralistic.
Author: Thomas Aquinas
Publisher: Hackett Publishing
ISBN: 9780872206632
Category : Philosophy
Languages : en
Pages : 260
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Book Description
The second edition retains the selection of texts presented in the first edition but offers them in new translations by Richard J Regan -- including that of his Aquinas, Treatise on Law (Hackett, 2000). A revised Introduction and glossary, an updated select bibliography, and the inclusion of summarising headnotes for each of the units -- Conscience, Law, Justice, Property, War and Killing, Obedience and Rebellion, and Practical Wisdom and Statecraft -- further enhance its usefulness.
Author: Vladimir Soloviev
Publisher: Yale University Press
ISBN: 0300128371
Category : Political Science
Languages : en
Pages : 363
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Book Description
Considered one of Russia’s greatest philosophers, Vladimir Soloviev (1853–1900) was also a theologian, historian, poet, and social and political critic. His works have emerged to enjoy renewed attention in post–Soviet Russia, and his concerns echo in contemporary discussions of politics, law, and morality. In this collection of Soloviev’s essays—many translated into English for the first time—the philosopher explores an array of social issues, from the death penalty to nationalism to women’s rights. Soloviev reacts against the tradition of European rationalist thought and seeks to synthesize religious philosophy, science, and ethics in the context of a universal Christianity. In these writings he reveals the centrality of human rights in his Christian worldview, not only as an abstract theory but also as an inspiration in everyday life. In a substantive introduction and copious annotations to the essays, Vladimir Wozniuk points out distinctive and often overlooked features of Soloviev’s works while illuminating his place within both the Russian and Western intellectual traditions.
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: John-Michael Kuczynski
Publisher: John-Michael Kuczynski
ISBN:
Category : Philosophy
Languages : en
Pages : 752
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Book Description
A rigorous analysis of the foundations of political and legal theory.
Author: Christopher J. Peters
Publisher: Oxford University Press
ISBN: 0199749957
Category : Law
Languages : en
Pages : 378
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Book Description
Law often purports to require people, including government officials, to act in ways they think are morally wrong or harmful. What is it about law that can justify such a claim? In A Matter of Dispute: Morality, Democracy, and Law, Christopher J. Peters offers an answer to this question, one that illuminates the unique appeal of democratic government, the peculiar structure of adversary adjudication, and the contested legitimacy of constitutional judicial review. Peters contends that law should be viewed primarily as a device for avoiding or resolving disputes, a function that implies certain core properties of authoritative legal procedures. Those properties - competence and impartiality - give democracy its advantage over other forms of government. They also underwrite the adversary nature of common-law adjudication and the duties and constraints of democratic judges. And they ground a defense of constitutionalism and judicial review against persistent objections that those practices are "counter-majoritarian" and thus nondemocratic. This work canvasses fundamental problems within the diverse disciplines of legal philosophy, democratic theory, philosophy of adjudication, and public-law theory and suggests a unified approach to unraveling them. It also addresses practical questions of law and government in a way that should appeal to anyone interested in the complex and often troubled relationship among morality, democracy, and the rule of law. Written for specialists and non-specialists alike, A Matter of Dispute explains why each of us individually, and all of us collectively, have reason to obey the law - why democracy truly is a system of government under law.
Author: Joseph Raz
Publisher: Oxford University Press
ISBN: 0191018759
Category : Law
Languages : en
Pages :
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Book Description
This new collection of essays opens with a pivotal essay, not previously published, on the implications of the moral duties which arise out of concern for the well-being of others. The first part of the book concentrates on the consequences of two central aspects of well-being: the importance of membership in groups - the role of belonging - and the active character of well-being - that it largely consists in successful activities. Both aspects have far-reaching political implications, explored in essays on free expression, national self-determination, and multiculturalism, among others. Against the background of the moral and political views developed in the first part, the second part of the book explores various aspects of the dynamic inter-relations between law and morality, offering some building blocks towards a theory of law.
Author: Ellen Frankel Paul
Publisher: Cambridge University Press
ISBN: 9780521542210
Category : Philosophy
Languages : en
Pages : 380
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Book Description
Divisions abound as to whether politics should be held responsible to a higher moral standard or whether pragmatic considerations, or realpolitik, should prevail. The two poles are represented most conspicuously by Aristotle (for whom the proper aim of politics is moral virtue) and Machiavelli (whose prince exalted political pragmatism over morality). The fourteen contributions to this volume address perennial concerns in political and moral theory. They underscore the rekindled yearning of many to hold the political realm to a higher standard despite the skepticism of dissenters who question the likelihood, or even the desirability, of success.
Author: Ian Shapiro
Publisher: Yale University Press
ISBN: 0300185456
Category : Political Science
Languages : en
Pages : 303
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Book Description
"Oct. 30, 2012"--Publication date from publisher's site: http://yalepress.yale.edu/yupbooks/book.asp?isbn=97803001854
Author: David Dyzenhaus
Publisher: University of Toronto Press
ISBN: 0802094899
Category : Law
Languages : en
Pages : 1095
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Book Description
Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law. The volume begins with essays that explore general questions about morality and law, surveying the traditional literature on legal positivism and contemporary debates about the connection between law and morality. These essays explore the tensions between law as a protector of individual liberty and as a tool of democratic self-rule, and introduce debates about adjudication and the contribution of feminist approaches to the philosophy of law. New material on the Chinese Canadian head tax case is also featured. The second part of Law and Morality deals with philosophical questions as they apply to contemporary issues. Excerpts from judicial decisions as well as essays by practicing lawyers are included to provide theoretically informed legal analyses of the issues. Striking a balance between practical and more analytic, philosophical approaches, the volume's treatment of the philosophy of law as a branch of political philosophy enables students to understand law in its function as a social institution. Law and Morality has proved to be an essential text in both departments of philosophy and faculties of law and this latest edition brings the debates fully up to date, filling gaps in the previous editions and adding to the array of contemporary issues previously covered.
