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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.
Author: W. Barnett Pearce
Publisher: SAGE
ISBN: 9780761900535
Category : Language Arts & Disciplines
Languages : en
Pages : 252
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Book Description
In an original synthesis of communication theory and their own research and experience as intervention agents, the authors of Moral Conflict describe a dialectical tension between the expression and suppression of conflict that can be transcended in ways that lead to personal growth and productive patterns of social action. Several projects are described as practical examples of these ways of working.
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: Samantha Besson
Publisher: Bloomsbury Publishing
ISBN: 1847310184
Category : Law
Languages : en
Pages : 622
Get Book Here
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.
Author: Robert B. Talisse
Publisher: Cambridge University Press
ISBN: 0521513545
Category : Philosophy
Languages : en
Pages : 217
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Book Description
If confronted with a democratic result they regard as intolerable, should citizens revolt or pursue democratic means of social change?
Author: Alasdair MacIntyre
Publisher: Cambridge University Press
ISBN: 110717645X
Category : History
Languages : en
Pages : 337
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Book Description
MacIntyre explores the philosophical, political, and moral issues encountered in understanding what the virtues require in contemporary social contexts.
Author: Michael Gross
Publisher: MIT Press
ISBN: 0262572265
Category : History
Languages : en
Pages : 401
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Book Description
An analysis of medical ethics during war and the inherent conflict between the principles of bioethics and the morally legitimate but competing demands of military necessity.
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.
Author: Stuart Hampshire
Publisher:
ISBN: 9780674587328
Category : Ahlak
Languages : en
Pages : 0
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Book Description
In this book of essays, he argues that morality cannot be defined solely by rational and universal principles; instead, a major place must be found for changing and conflicting ideals, values peculiar to specific times and cultures.
Author: Charles C. Hinkley II
Publisher: BRILL
ISBN: 9004409572
Category : Philosophy
Languages : en
Pages : 281
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Book Description
In this revised edition of Moral Conflicts of Organ Retrieval: A Case for Constructive Pluralism, Charles Hinkley elaborates on his moral philosophy of constructive pluralism and updates the literature on organ retrieval strategies. Hinkley challenges a deeply entrenched moral triad: 1) moral values are comparable; 2) the weighing metaphor helps us conceptualize decisions regarding conflicting values; and 3) there is a single best discoverable response to a moral decision. This book offers an alternative—cases of incomparability, a constructing or making metaphor, and multiple permissible responses to some moral questions. Constructive pluralism has important implications for organ transplantation, health, and ethics.
Author: Charles C. Hinkley II
Publisher: BRILL
ISBN: 9401201781
Category : Philosophy
Languages : en
Pages : 246
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Book Description
This book addresses ethical conflicts arising from saving the lives of patients who need a transplant while treating living and dead donors, organ sellers, animals, and embryos with proper moral regard. Our challenge is to develop a better world in the light of debatable values and uncertain consequences.
