The Boundaries of the Moral (and Legal) Community

The Boundaries of the Moral (and Legal) Community PDF Author: Brian Leiter
Publisher:
ISBN:
Category : Evolution
Languages : en
Pages : 27

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Book Description
Over the last 250 years both moral philosophy and ordinary moral opinion have witnessed a remarkable expansion of their conception of the 'moral' community, that is, the community of creatures that are thought entitled to basic moral (and ultimately legal) consideration - whatever the precise details of what such consideration requires. 'Being human' is what matters now in terms of membership in the moral community, not race, gender, religion, or, increasingly, sexual orientation. (Species membership - hence the 'being human' - remains a barrier to entry, however.) How to explain these developments? According to 'Whig Histories, ' this is really a story of expanding moral knowledge. Just as we discovered that the movement of mid-size physical objects is governed by the laws of Newtonian mechanics, and that those same laws do not describe the behavior of quantum particles, so too we have discovered that chattel slavery is a grave moral wrong and that women have as much moral claim on the electoral vote as men. I argue against the Whig Histories in favor of non-Whig Histories that explain the expanding moral community in terms of biological, psychological, and economic developments, not increased moral knowledge. If the non-Whig Histories are correct, should we expect the 'species barrier' to membership in the moral community to fall? I argue for a skeptical answer.

The Boundaries of the Moral (and Legal) Community

The Boundaries of the Moral (and Legal) Community PDF Author: Brian Leiter
Publisher:
ISBN:
Category : Evolution
Languages : en
Pages : 27

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Book Description
Over the last 250 years both moral philosophy and ordinary moral opinion have witnessed a remarkable expansion of their conception of the 'moral' community, that is, the community of creatures that are thought entitled to basic moral (and ultimately legal) consideration - whatever the precise details of what such consideration requires. 'Being human' is what matters now in terms of membership in the moral community, not race, gender, religion, or, increasingly, sexual orientation. (Species membership - hence the 'being human' - remains a barrier to entry, however.) How to explain these developments? According to 'Whig Histories, ' this is really a story of expanding moral knowledge. Just as we discovered that the movement of mid-size physical objects is governed by the laws of Newtonian mechanics, and that those same laws do not describe the behavior of quantum particles, so too we have discovered that chattel slavery is a grave moral wrong and that women have as much moral claim on the electoral vote as men. I argue against the Whig Histories in favor of non-Whig Histories that explain the expanding moral community in terms of biological, psychological, and economic developments, not increased moral knowledge. If the non-Whig Histories are correct, should we expect the 'species barrier' to membership in the moral community to fall? I argue for a skeptical answer.

Boundaries and Justice

Boundaries and Justice PDF Author: Sohail H. Hashmi
Publisher: Princeton University Press
ISBN: 0691230935
Category : Philosophy
Languages : en
Pages : 379

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Book Description
Despite the supreme political and economic significance of boundaries--and ongoing challenges to existing national boundaries--scant attention has been paid to their ethics. This volume explores how diverse ethical traditions understand the political and property rights reflected in territorial and jurisdictional boundaries. It is the first book to bring together thinkers from a range of traditions, both religious and secular, to discuss the ethics of boundaries. Each contributor represents a tradition's views on questions surrounding the use of boundaries to delimit property and political rights. What does it mean to own something? What resources should not be privately owned? What justifies the erection of political boundaries between one people and another? How ''hard'' should such boundaries be? What rights extend to minorities within a state? Should territorial boundaries coincide with social ones? Does national autonomy have an ethical basis, or is it an aspect of modern power politics? Should we aim for a more inclusive community than that afforded by modern nation-states? Cross-chapter dialogue and a substantive conclusion draw out similarities and differences among the traditions represented, traditions that include Christianity, classical liberalism, Confucianism, international law, Islam, Judaism, liberal egalitarianism, and natural law. In addition to the editors, the contributors are Nigel Biggar, Joseph Boyle, Joseph Chan, Russell Hardin, Will Kymlicka, Loren Lomasky, Robert McCorquodale, Richard B. Miller, David Novak, Sulayman Nyang, Michael Nylan, Raul C. Pangalangan, Daniel Philpott, Jeremy Rabkin, Hillel Steiner, M. Raquibuz Zaman, and Noam J. Zohar.

Judges and Adjudication in Constitutional Democracies: A View from Legal Realism

Judges and Adjudication in Constitutional Democracies: A View from Legal Realism PDF Author: Pierluigi Chiassoni
Publisher: Springer Nature
ISBN: 3030581861
Category : Law
Languages : en
Pages : 204

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Book Description
The book offers contributions to a philosophical and realistic approach to the place of adjudication in contemporary constitutional democracies. Bringing together scholars from different legal and philosophical backgrounds, the book purports to cast light on the role(s) of judges and the function of judicial interpretation inside of constitutional states, from the standpoint of legal realism as a revisited and sophisticated jurisprudential outlook. In so doing, the book also copes with a few major jurisprudential issues, like, e.g., determining the ideas that make up the core of legal realism, exploring the relation between legal realism and legal positivism, identifying the boundaries of judicial interpretation as they appear from a realist standpoint, as well as considering some skeptical outlooks on the very claims of contemporary legal realism.

Assessing the Boundaries of the Moral Community

Assessing the Boundaries of the Moral Community PDF Author:
Publisher:
ISBN:
Category : Dissertations, Academic
Languages : en
Pages :

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Book Description


A Natural Law Approach to Normativity

A Natural Law Approach to Normativity PDF Author: Bebhinn Donnelly
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754643135
Category : Law
Languages : en
Pages : 188

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Book Description
Exploring the relationship between natural law theory and the philosophy of law, Bebhinn Donnelly proposes a new approach to natural law theory - one which addresses some of the tradition's shortcomings, and advances further the approach to Hume's dichotomy. This volume will be of interest to academics in philosophy of law, moral/political philosophy, natural law theorists, and students of jurisprudence internationally.

The Boundaries of Belonging

The Boundaries of Belonging PDF Author: Bernadette Nadya Jaworsky
Publisher: Springer
ISBN: 331943747X
Category : Social Science
Languages : en
Pages : 306

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Book Description
This book addresses an issue currently making political headlines in the United States—immigration. Immigrants have long engendered debates about the boundaries of belonging, with some singing their praises and others warning of their dangers. In particular, the 11 million unauthorized immigrants in the country provoke heated disagreements with issues of legality and morality at the forefront. Increasingly, such debates take place online, by organizations in the immigrant rights and the immigration control movements, who engage in symbolic work that includes blurring, crossing, maintaining, solidifying, and shifting the boundaries of belonging. Based on data collected from 29 national-level groups, this book features a cultural sociological analysis of the online materials deployed by social movement organizations debating immigration in the United States.

Roberto Esposito

Roberto Esposito PDF Author: Peter Langford
Publisher: Routledge
ISBN: 1136005684
Category : Law
Languages : en
Pages : 253

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Book Description
Roberto Esposito: Law, Community and the Political provides a critical legal introduction to this increasingly influential Italian theorist’s work, by focusing on Esposito’s reconceptualisation of the relationship between law, community and the political. The analysis concentrates primarily on Esposito’s Catégories de l’Impolitique, Communitas, Immunitas and Bíos, which, it is argued, are animated by an abiding concern with the position of critique in relation to the tradition of modern and contemporary legal and political philosophy. Esposito’s fundamental rethinking of these notions breaks with the existing framework of political and legal philosophy, through the critique of its underlying presuppositions. And, in the process, Esposito rethinks the very form of critique. As the first monograph-length study of Esposito in English, Roberto Esposito: Law, Community and the Political will be of considerable interest to those working in the areas of contemporary legal and political thought and philosophy.

Moral Psychology with Nietzsche

Moral Psychology with Nietzsche PDF Author: Brian Leiter
Publisher: Oxford University Press
ISBN: 0192571796
Category : Philosophy
Languages : en
Pages : 224

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Book Description
Brian Leiter defends a set of radical ideas from Nietzsche: there is no objectively true morality, there is no free will, no one is ever morally responsible, and our conscious thoughts and reasoning play almost no significant role in our actions and how our lives unfold. He presents a new interpretation of main themes of Nietzsche's moral psychology, including his anti-realism about value (including epistemic value), his account of moral judgment and its relationship to the emotions, his conception of the will and agency, his scepticism about free will and moral responsibility, his epiphenomenalism about certain kinds of conscious mental states, and his views about the heritability of psychological traits. In combining exegesis with argument, Leiter engages the views of philosophers like Harry Frankfurt, T. M. Scanlon, and Gary Watson, and psychologists including Daniel Wegner, Benjamin Libet, and Stanley Milgram. Nietzsche emerges not simply as a museum piece from the history of ideas, but as a philosopher and psychologist who exceeds David Hume for insight into human nature and the human mind, repeatedly anticipates later developments in empirical psychology, and continues to offer sophisticated and unsettling challenges to much conventional wisdom in both philosophy and psychology.

Law's Community

Law's Community PDF Author: Roger Cotterrell
Publisher: Oxford University Press
ISBN: 9780198264903
Category : Law
Languages : en
Pages : 404

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Book Description
These essays seek to re-locate the relationship between the traditional concerns of legal theory and the sociology of law by establishing a consistent theoretical approach to the analysis of law in contemporary Western societies.

Kant: Religion Within the Boundaries of Mere Reason

Kant: Religion Within the Boundaries of Mere Reason PDF Author: Immanuel Kant
Publisher: Cambridge University Press
ISBN: 9780521599641
Category : Philosophy
Languages : en
Pages : 276

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Book Description
Religion within the Boundaries of Mere Reason is a key element of the system of philosophy which Kant introduced with his Critique of Pure Reason, and a work of major importance in the history of Western religious thought. It represents a great philosopher's attempt to spell out the form and content of a type of religion that would be grounded in moral reason and would meet the needs of ethical life. It includes sharply critical and boldly constructive discussions on topics not often treated by philosophers, including such traditional theological concepts as original sin and the salvation or 'justification' of a sinner, and the idea of the proper role of a church. This volume presents it and three short essays that illuminate it in new translations by Allen Wood and George di Giovanni, with an introduction by Robert Merrihew Adams that locates it in its historical and philosophical context.