Conflicts of Law and Morality

Conflicts of Law and Morality PDF 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.

Conflicts of Law and Morality

Conflicts of Law and Morality PDF Author: Kent Greenawalt
Publisher: Oxford University Press, USA
ISBN: 0195058240
Category : Law
Languages : en
Pages : 396

Get Book

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.

Democracy and Moral Conflict

Democracy and Moral Conflict PDF Author: Robert B. Talisse
Publisher: Cambridge University Press
ISBN: 1139479652
Category : Philosophy
Languages : en
Pages : 217

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Book Description
Why democracy? Most often this question is met with an appeal to some decidedly moral value, such as equality, liberty, dignity or even peace. But in contemporary democratic societies, there is deep disagreement and conflict about the precise nature and relative worth of these values. And when democracy votes, some of those who lose will see the prevailing outcome as not merely disappointing, but morally intolerable. How should citizens react when confronted with a democratic result that they regard as intolerable? Should they revolt, or instead pursue democratic means of social change? In this book, Robert Talisse argues that each of us has reasons to uphold democracy - even when it makes serious moral errors - and that these reasons are rooted in our most fundamental epistemic commitments. His original and compelling study will be of interest to a wide range of readers in political philosophy and political theory.

The Nature of Peace and the Morality of Armed Conflict

The Nature of Peace and the Morality of Armed Conflict PDF Author: Florian Demont-Biaggi
Publisher: Palgrave Macmillan
ISBN: 9783319860824
Category : Philosophy
Languages : en
Pages : 0

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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.

The Morality of Conflict

The Morality of Conflict PDF Author: Samantha Besson
Publisher: Bloomsbury Publishing
ISBN: 1847310184
Category : Law
Languages : en
Pages : 622

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Book Description
This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously. Even though the law should be regarded as the primary mode of settlement of our moral conflicts,it can, and should, also be the object and the forum of further moral conflicts. There is more to the rule of law than convergence and determinacy and it is important therefore to question the importance of agreement in law and politics. By addressing in detail issues pertaining to the nature and sources of disagreement, its extent and significance, as well as the procedural, institutional and substantive responses to disagreement in the law and their legitimacy, this book suggests the value of a comprehensive approach to thinking about conflict, which until recently has been analysed in a compartmentalized way. It aims to provide a fully-fledged political morality of conflict by drawing on the analysis of topical jurisprudential questions in the new light of disagreement. Developing such a global theory of disagreement in the law should be read in the context of the broader effort of reconstructing a complete account of democratic law-making in pluralistic societies. The book will be of value not only to legal philosophers and constitutional theorists, but also to political and democratic theorists, as well as to all those interested in public decision-making in conditions of conflict.

Moral Injury and Soldiers in Conflict

Moral Injury and Soldiers in Conflict PDF Author: Tine Molendijk
Publisher: Routledge
ISBN: 1000365077
Category : History
Languages : en
Pages : 182

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Book Description
This book advances an interdisciplinary understanding of moral injury by analyzing the stories of military veterans of combat and peace missions. In the past decade, the concept of moral injury has emerged to address the potential moral impact of deployment. This book contributes to an interdisciplinary conceptualization of moral injury while, at the same time, critically evaluating the concept’s premises and implications. It paints an urgent and compassionate picture of the moral impact of soldiers’ deployment experience and the role of political practices and public perceptions in moral injury. It does so by drawing on the experiences of close to a hundred Dutch veterans deployed to Bosnia (Srebrenica) and Afghanistan, and analyzing their stories from the perspectives of psychology, philosophy, theology and social sciences. Ultimately, this book advances the understanding of moral, political and societal dimensions of moral injury and contributes to practical efforts aimed at its prevention. This book will be of much interest to students of ethics and war, cultural anthropology, conflict studies and international relations.

Ethics in the Conflicts of Modernity

Ethics in the Conflicts of Modernity PDF 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.

Bioethics and Armed Conflict

Bioethics and Armed Conflict PDF Author: Michael Gross
Publisher: MIT Press
ISBN: 0262250071
Category : Medical
Languages : en
Pages : 401

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Book Description
Is medical ethics in times of armed conflict identical to medical ethics in times of peace, as the World Medical Association declares? In Bioethics and Armed Conflict, the first comprehensive study of medical ethics in conventional, unconventional, and low-intensity war, Michael Gross examines the dilemmas that arise when bioethical principles clash with military necessity—when physicians try to save lives during an endeavor dedicated to taking them—and describes both the conflicts and congruencies of military and medical ethics. Gross describes how the principles of contemporary just war, unlike those of medical ethics, often go beyond the welfare of the individual to consider the collective interests of combatants and noncombatants and the general interests of the state. Military necessity plays havoc with such patients' rights as the right to life, the right to medical care, informed consent, confidentiality, and the right to die. The principles of triage in battle conditions dictate not need-based treatment but the distribution of resources that will return the greatest number of soldiers to active duty. And unconventional warfare, including current "wars" on terrorism, challenges the traditional concept of medical neutrality as physicians who have sworn to "do no harm" are called upon to lend their expertise to "interrogational" torture or to the development of biological or chemical weapons. Difficult dilemmas inevitably arise during armed conflict, and medicine, Gross concludes, is not above the fray. Medical ethics in time of war cannot be identical to medical ethics in peacetime.

The Battle for Yellowstone

The Battle for Yellowstone PDF Author: Justin Farrell
Publisher: Princeton University Press
ISBN: 0691176302
Category : Social Science
Languages : en
Pages : 315

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Book Description
Yellowstone holds a special place in America's heart. As the world's first national park, it is globally recognized as the crown jewel of modern environmental preservation. But the park and its surrounding regions have recently become a lightning rod for environmental conflict, plagued by intense and intractable political struggles among the federal government, National Park Service, environmentalists, industry, local residents, and elected officials. The Battle for Yellowstone asks why it is that, with the flood of expert scientific, economic, and legal efforts to resolve disagreements over Yellowstone, there is no improvement? Why do even seemingly minor issues erupt into impassioned disputes? What can Yellowstone teach us about the worsening environmental conflicts worldwide? Justin Farrell argues that the battle for Yellowstone has deep moral, cultural, and spiritual roots that until now have been obscured by the supposedly rational and technical nature of the conflict. Tracing in unprecedented detail the moral causes and consequences of large-scale social change in the American West, he describes how a "new-west" social order has emerged that has devalued traditional American beliefs about manifest destiny and rugged individualism, and how morality and spirituality have influenced the most polarizing and techno-centric conflicts in Yellowstone's history. This groundbreaking book shows how the unprecedented conflict over Yellowstone is not all about science, law, or economic interests, but more surprisingly, is about cultural upheaval and the construction of new moral and spiritual boundaries in the American West.

Moral Relevance and Moral Conflict

Moral Relevance and Moral Conflict PDF Author: James D. Wallace
Publisher: Cornell University Press
ISBN: 1501743767
Category : Philosophy
Languages : en
Pages : 192

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Book Description
How do we establish the relevance of a moral consideration when doing so is problematic? How are conflicts among relevant considerations properly resolved? James D. Wallace maintains that a successful ethical theory should be able to answer these important questions. Nevertheless, he argues, the leading contemporary moral theories do not satisfactorily address them. In this book, Wallace criticizes the standard philosophical accounts of how we should resolve problems of moral relevance and moral conflict. He proceeds by looking at such accounts as utilitarianism, Kantian moral theory, and intuitionism, and by providing an extended evaluation of Henry Sidgwick's moral epistemology. According to Wallace, these approaches pose difficulties because they all assume that there exist fixed, unchanging standards, rules, or methods that give us explicit directions for the solution of such problems. He then goes on to develop his own, "contextualist," approach, which combines elements of both Aristotelian and pragmatic views. To solve new problems, he asserts, we must adapt what we have learned from past problems to novel circumstances, sometimes appreciably changing our ways of dealing with certain kinds of issues. In adapting our ways of dealing with these issues to unprecedented problems, and in dealing with the conflicts that arise from unprecedented juxtapositions of considerations, we alter and even reform morality.

The Moral Conflict of Law and Neuroscience

The Moral Conflict of Law and Neuroscience PDF Author: Peter A. Alces
Publisher: University of Chicago Press
ISBN: 022651353X
Category : Law
Languages : en
Pages : 392

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Book Description
"New insights offered by neuroscience have provoked discussions of the nature of human agency and responsibility. Alces draws on neuroscience to explore the internal contradictions of legal doctrines, and consider what would be involved in constructing novel legal regimes based on emerging understandings of human capacities and characteristics not only in criminal law but in contract and tort law."--Provided by publisher.