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Author: Thane Rosenbaum
Publisher: Harper Collins
ISBN: 0062119885
Category : Law
Languages : en
Pages : 357
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Book Description
We are obsessed with watching television shows and feature films about lawyers, reading legal thrillers, and following real-life trials. Yet, at the same time, most of us don't trust lawyers and hold them and the legal system in very low esteem. In The Myth of Moral Justice, law professor and novelist Thane Rosenbaum suggests that this paradox stems from the fact that citizens and the courts are at odds when it comes to their definitions of justice. With a lawyer's expertise and a novelist's sensability, Rosenbaum tackles complicated philosophical questions about our longing for moral justice. He also takes a critical look at what our legal system does to the spirits of those who must come before the law, along with those who practice within it.
Author: Thane Rosenbaum
Publisher: Harper Collins
ISBN: 0062119885
Category : Law
Languages : en
Pages : 357
Get Book Here
Book Description
We are obsessed with watching television shows and feature films about lawyers, reading legal thrillers, and following real-life trials. Yet, at the same time, most of us don't trust lawyers and hold them and the legal system in very low esteem. In The Myth of Moral Justice, law professor and novelist Thane Rosenbaum suggests that this paradox stems from the fact that citizens and the courts are at odds when it comes to their definitions of justice. With a lawyer's expertise and a novelist's sensability, Rosenbaum tackles complicated philosophical questions about our longing for moral justice. He also takes a critical look at what our legal system does to the spirits of those who must come before the law, along with those who practice within it.
Author: Richard Joyce
Publisher: Cambridge University Press
ISBN: 1139430939
Category : Philosophy
Languages : en
Pages : 265
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Book Description
In The Myth of Morality, Richard Joyce argues that moral discourse is hopelessly flawed. At the heart of ordinary moral judgements is a notion of moral inescapability, or practical authority, which, upon investigation, cannot be reasonably defended. Joyce argues that natural selection is to blame, in that it has provided us with a tendency to invest the world with values that it does not contain, and demands that it does not make. Should we therefore do away with morality, as we did away with other faulty notions such as witches? Possibly not. We may be able to carry on with morality as a 'useful fiction' - allowing it to have a regulative influence on our lives and decisions, perhaps even playing a central role - while not committing ourselves to believing or asserting falsehoods, and thus not being subject to accusations of 'error'.
Author: Bill Thompson
Publisher: Routledge
ISBN: 1135083606
Category : Social Science
Languages : en
Pages : 341
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Book Description
This study provides a comprehensive critique - forensic, historical, and theoretical - of the moral panic paradigm, using empirically grounded ethnographic research to argue that the panic paradigm suffers from fundamental flaws that make it a myth rather than a viable academic perspective.
Author: Liam B. Murphy
Publisher:
ISBN: 0195176561
Category : Business & Economics
Languages : en
Pages : 239
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Book Description
In a capitalist economy, taxes are more than a method of payment for government and public services. They are the most significant instrument by which the political system puts into practice a conception of economic justice. Yet there has been little effort to bring together important recent philosophical work on justice with vigorous debates about tax policy going on in national politics and public policy circles, in economics and law. The Myth of Ownership bridges this gap, offering the first book to explore tax policy from the standpoint of contemporary moral and political philosophy. Book jacket.
Author: Ken Wytsma
Publisher: InterVarsity Press
ISBN: 0830865306
Category : Religion
Languages : en
Pages : 243
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Book Description
Is privilege real or imagined? Ken Wytsma, founder of the Justice Conference, unpacks what we need to know to be grounded in conversations about today's race-related issues. And he helps us come to a deeper understanding of both the origins of these issues and the reconciling role we are called to play as witnesses of the gospel.
Author: Harris Wiseman
Publisher: MIT Press
ISBN: 026233366X
Category : Philosophy
Languages : en
Pages : 351
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Book Description
An argument that moral functioning is immeasurably complex, mediated by biology but not determined by it. Throughout history, humanity has been seen as being in need of improvement, most pressingly in need of moral improvement. Today, in what has been called the beginnings of “the golden age of neuroscience,” laboratory findings claim to offer insights into how the brain “does” morality, even suggesting that it is possible to make people more moral by manipulating their biology. Can “moral bioenhancement”—using technological or pharmaceutical means to boost the morally desirable and remove the morally problematic—bring about a morally improved humanity? In The Myth of the Moral Brain, Harris Wiseman argues that moral functioning is immeasurably complex, mediated by biology but not determined by it. Morality cannot be engineered; there is no such thing as a “moral brain.” Wiseman takes a distinctively interdisciplinary approach, drawing on insights from philosophy, biology, theology, and clinical psychology. He considers philosophical rationales for moral enhancement, and the practical realities they come up against; recent empirical work, including studies of the cognitive and behavioral effects of oxytocin, serotonin, and dopamine; and traditional moral education, in particular the influence of religious thought, belief, and practice. Arguing that morality involves many interacting elements, Wiseman proposes an integrated bio-psycho-social approach to the consideration of moral enhancement. Such an approach would show that, by virtue of their sheer numbers, social and environmental factors are more important in shaping moral functioning than the neurobiological factors with which they are interwoven.
Author: David Sehat
Publisher: Oxford University Press
ISBN: 0199793115
Category : Religion
Languages : en
Pages : 368
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Book Description
In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.
Author: Thane Rosenbaum
Publisher: University of Chicago Press
ISBN: 022604369X
Category : Law
Languages : en
Pages : 325
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Book Description
We call it justice—the assassination of Osama bin Laden, the incarceration of corrupt politicians or financiers like Rod Blagojevich and Bernard Madoff, and the climactic slaying of cinema-screen villains by superheroes. But could we not also call it revenge? We are told that revenge is uncivilized and immoral, an impulse that individuals and societies should actively repress and replace with the order and codes of courtroom justice. What, if anything, distinguishes punishment at the hands of the government from a victim’s individual desire for retribution? Are vengeance and justice really so very different? No, answers legal scholar and novelist Thane Rosenbaum in Payback: The Case for Revenge—revenge is, in fact, indistinguishable from justice. Revenge, Rosenbaum argues, is not the problem. It is, in fact, a perfectly healthy emotion. Instead, the problem is the inadequacy of lawful outlets through which to express it. He mounts a case for legal systems to punish the guilty commensurate with their crimes as part of a societal moral duty to satisfy the needs of victims to feel avenged. Indeed, the legal system would better serve the public if it gave victims the sense that vengeance was being done on their behalf. Drawing on a wide range of support, from recent studies in behavioral psychology and neuroeconomics, to stories of vengeance and justice denied, to revenge practices from around the world, to the way in which revenge tales have permeated popular culture—including Hamlet, The Godfather, and Braveheart—Rosenbaum demonstrates that vengeance needs to be more openly and honestly discussed and lawfully practiced. Fiercely argued and highly engaging, Payback is a provocative and eye-opening cultural tour of revenge and its rewards—from Shakespeare to The Sopranos. It liberates revenge from its social stigma and proves that vengeance is indeed ours, a perfectly human and acceptable response to moral injury. Rosenbaum deftly persuades us to reconsider a misunderstood subject and, along the way, reinvigorates the debate on the shape of justice in the modern world.
Author: David N. Stamos
Publisher: Routledge
ISBN: 131725578X
Category : Social Science
Languages : en
Pages : 306
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Book Description
In this groundbreaking and provocative new book, philosopher of science David N. Stamos challenges the current conceptions of human rights, and argues that the existence of universal human rights is a modern myth. Using an evolutionary analysis to support his claims, Stamos traces the origin of the myth from the English Levellers of 1640s London to our modern day. Theoretical defenses of the belief in human rights are critically examined, including defenses of nonconsensus concepts. In the final chapter Stamos develops a method of naturalized normative ethics, which he then applies to topics routinely dealt with in terms of human rights. In all of this Stamos hopes to show that there is a better way of dealing with matters of ethics and justice, a way that involves applying the whole of our evolved moral being, rather than only parts of it, and that is fiction-free.
Author: David M. Engel
Publisher: University of Chicago Press
ISBN: 022630504X
Category : Law
Languages : en
Pages : 241
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Book Description
While the United States is often called the Land of the Law Suit, in reality Americans hardly sue at all. In fact, when it comes to physical injuries, over 90% of the time, we--as David M. Engel points out in his engaging and provocative book--simply lump it, making no claims against either the injurers or their insurance companies. Bringing to bear an impressive array of research and data, Engel firmly and persuasively demolishes the pervasive myth of the litigious American. But why don t most people sue whey they have been wrongfully physically injured? We have in fact a mystery, what Engel calls The Case of the Missing Plaintiff. The solution his investigation leads us to is as fascinating as it is unexpected. Engel reconstructs how people who suffer injuries actually react to them. When real people experience physical injuries, their lives, thoughts, and emotions are profoundly disrupted and compromised. They often have difficulty thinking clearly and acting decisively. Human nature, our immediate friends and families, and broader social and cultural factors all tend again injury victims making claims. And as often as one might have heard of victim-blaming, self-blame is one of the most common reactions of victims to their injuries. Ultimately Engel shows that the proliferation of law and regulations in our society is not the problem. The real problem is the law s failure to protect those who suffer wrongful injuries. Tort law is usually said to serve three purposes that even those who want to curtail law suits would agree on: to compensate losses suffered by injury victims, to deter unnecessarily risky and harmful behavior, and to correct the moral injustice that results when one person or group injures another. Engel s book clearly and powerfully shows that none of these purposes is being met and concludes his investigation with recommendations for how they might be."
