Coercion and the Nature of Law

Coercion and the Nature of Law PDF Author: Kenneth Einar Himma
Publisher:
ISBN: 0198854935
Category : Law
Languages : en
Pages : 289

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Book Description
Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigor and originality. It sets the standard in contemporary jurisprudence. Book jacket.

Coercion and the Nature of Law

Coercion and the Nature of Law PDF Author: Kenneth Einar Himma
Publisher:
ISBN: 0198854935
Category : Law
Languages : en
Pages : 289

Get Book Here

Book Description
Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigor and originality. It sets the standard in contemporary jurisprudence. Book jacket.

The Ethics of Legal Coercion

The Ethics of Legal Coercion PDF Author: J.D. Hodson
Publisher: Springer Science & Business Media
ISBN: 9400972571
Category : Philosophy
Languages : en
Pages : 189

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Book Description
Are all of the commonly accepted aims of the use of law justifiable? Which kinds of behavior are justifiably prohibited, which kinds justifiably required? What uses of law are not defensible? How can the legitimacy or the ille gitimacy of various uses of law be explained or accounted for? These are questions the answering of which involves one in many issues of moral principle, for the answers require that one adopt positions - even if only implicitly - on further questions of what kinds of actions or policies are morally or ethically acceptable. The present work, aimed at questions of these kinds, is thus a study in the ethical evaluation of major uses of legal coercion. It is an attempt to provide a framework within which many questions about the proper uses of law may be fruitfully discussed. The framework, if successful, can be used by anyone asking questions about the defensibility of particular or general uses of law, whether from the perspective of someone considering whether to bring about some new legal provision, from the perspective of someone concerned to evaluate an eXisting provision, or from that of someone concerned more abstractly with questions about the appropriate substance of an ideal legal system. In addressing these and associated issues, I shall be exploring the extent to which an ethics based on respect for persons and their autonomy can handle satisfactorily the problems arising here.

Coercion

Coercion PDF Author: Alan Wertheimer
Publisher: Princeton University Press
ISBN: 1400859298
Category : Philosophy
Languages : en
Pages : 333

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Book Description
Wertheimer attempts to move beyond previous theories of coercion by conducting a fairly extensive survey of the way in which cases involving coercion have been treated by American courts. This impressive project occupies the first half of the book, where he makes a convincing case that there is a fairly unified 'theory of coercion' at work in adjudication, past and present. This legal theory, however, is not entirely adequate for the purposes of social and political philosophy, and the last half of the book develops Wertheimer's more comprehensive philosophical theory. Originally published in 1988. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Ethics and the Rule of Law

Ethics and the Rule of Law PDF Author: David Lyons
Publisher: Cambridge University Press
ISBN: 9780521277129
Category : Law
Languages : en
Pages : 244

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Book Description
This clear and systematic introduction to the philosophy of law attempts to answer some important questions about the nature of law and its relationship to social norms and moral standards.

Coercion in Community Mental Health Care

Coercion in Community Mental Health Care PDF Author: Andrew Molodynski
Publisher: Oxford University Press
ISBN: 0198788061
Category : Medical
Languages : en
Pages : 369

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Book Description
The use of coercion is one of the defining issues of mental health care. Since the earliest attempts to contain and treat the mentally ill, power imbalances have been evident and a cause of controversy. There has always been a delicate balance between respecting autonomy and ensuring that those who most need treatment and support are provided with it. Coercion in Community Mental Health Care: International Perspectives is an essential guide to the current coercive practices worldwide, both those founded in law and those 'informal' processes whose coerciveness remains contested. It does so from a variety of perspectives, drawing on diverse disciplines such as history, law, sociology, anthropology and medicine to provide a comprehensive summary of the current debates in the field. Edited by leading researchers in the field, Coercion in Community Mental Health Care: International Perspectives provides a unique discussion of this prominent issue in mental health. Divided into five sections covering origins and extent, evidence, experiences, context and international perspectives this is ideal for mental health practitioners, social scientists, ethicists and legal professionals wishing to expand their knowledge of the subject area.

The Force of Law

The Force of Law PDF Author: Frederick Schauer
Publisher: Harvard University Press
ISBN: 0674368215
Category : Business & Economics
Languages : en
Pages : 256

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Book Description
Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law

Coercion and Responsibility in Islam

Coercion and Responsibility in Islam PDF Author: Mairaj U. Syed
Publisher: Oxford University Press
ISBN: 0198788770
Category : Law
Languages : en
Pages : 289

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Book Description
An examination of how Muslim scholars from four schools of law and theology debate the ethical issues that coercion generates when considering a person's moral agency and responsibility in cases of speech acts, rape, and murder. It proposes a new model for analyzing ethical thought and compares Islamic with Western thought on the same cases.

The Ethics of Deference

The Ethics of Deference PDF Author: Philip Soper
Publisher: Cambridge University Press
ISBN: 9780521008723
Category : Law
Languages : en
Pages : 214

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Book Description
Differs from standard approaches by focusing on the language of deference instead of obedience.

The Ethics of Legal Coercion

The Ethics of Legal Coercion PDF Author: J D Hodson
Publisher:
ISBN: 9789400972582
Category :
Languages : en
Pages : 196

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Book Description


Ethics and Criminal Justice

Ethics and Criminal Justice PDF Author: John Kleinig
Publisher: Cambridge University Press
ISBN: 9780521864206
Category : Philosophy
Languages : en
Pages : 294

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Book Description
This textbook looks at the main ethical questions that confront the criminal justice system - legislature, law enforcement, courts, and corrections - and those who work within that system, especially police officers, prosecutors, defence lawyers, judges, juries, and prison officers. John Kleinig sets the issues in the context of a liberal democratic society and its ethical and legislative underpinnings, and illustrates them with a wide and international range of real-life case studies. Topics covered include discretion, capital punishment, terrorism, restorative justice, and re-entry. Kleinig's discussion is both philosophically acute and grounded in institutional realities, and will enable students to engage productively with the ethical questions which they encounter both now and in the future - whether as criminal justice professionals or as reflective citizens.