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Author: Ishtiyaque Haji
Publisher:
ISBN: 0190050853
Category : Philosophy
Languages : en
Pages : 321
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Book Description
There are no moral obligations: either it is determined in advance what we will do, or it is not. But any action not in our control cannot be obligatory for us. Hence, regardless of whether our actions are determined to occur, nothing is obligatory. This conclusion has important implications for conceptions of moral responsibility and free will.
Author: Ishtiyaque Haji
Publisher:
ISBN: 0190050853
Category : Philosophy
Languages : en
Pages : 321
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Book Description
There are no moral obligations: either it is determined in advance what we will do, or it is not. But any action not in our control cannot be obligatory for us. Hence, regardless of whether our actions are determined to occur, nothing is obligatory. This conclusion has important implications for conceptions of moral responsibility and free will.
Author: Larry Alexander
Publisher: Duke University Press
ISBN: 0822380021
Category : Law
Languages : en
Pages : 289
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Book Description
Rules perform a moral function by restating moral principles in concrete terms, so as to reduce the uncertainty, error, and controversy that result when individuals follow their own unconstrained moral judgment. Although reason dictates that we must follow rules to avoid destructive error and controversy, rules—and hence laws—are imperfect, and reason also dictates that we ought not follow them when we believe they produce the wrong result in a particular case. In The Rule of Rules Larry Alexander and Emily Sherwin examine this dilemma. Once the importance of this moral and practical conflict is acknowledged, the authors argue, authoritative rules become the central problems of jurisprudence. The inevitable gap between rules and background morality cannot be bridged, they claim, although many contemporary jurisprudential schools of thought are misguided attempts to do so. Alexander and Sherwin work through this dilemma, which lies at the heart of such ongoing jurisprudential controversies as how judges should reason in deciding cases, what effect should be given to legal precedent, and what status, if any, should be accorded to “legal principles.” In the end, their rigorous discussion sheds light on such topics as the nature of interpretation, the ancient dispute among legal theorists over natural law versus positivism, the obligation to obey law, constitutionalism, and the relation between law and coercion. Those interested in jurisprudence, legal theory, and political philosophy will benefit from the edifying discussion in The Rule of Rules.
Author: Przemysław Kaczmarek
Publisher: Wydawnictwo C.H.Beck
ISBN: 8381580404
Category : Education
Languages : en
Pages : 355
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Book Description
Judges and lawyers have to shape their moral competences in order to maintain their professional ethics at a high standard if they want to effectively meet the challenges that modern society will throw at them. This requirement is due to the growing expectation that they will be socially and morally responsible for the law. Thus, the need to place ethics at the heart of legal education, and to make ethical reflection pervasive in academic courses, becomes more obvious every day. Using the concept and examples of moral dilemmas is a way of facilitating this task. The main purpose of this book is to analyse the concept of moral dilemma in context of judicial and legal ethics, and to provide material for legal education. The structure of this book is designed with this double aim in mind. The theoretical part presents the concept of dilemmas on grounds of metaethics and the perspectives for its application in a professional legal context. The former encompasses situations of conflict of duties or obligations, in which the choice of one conduct necessarily prevents a different conduct, and therefore leads to an unacceptable outcome. Hence, the situation of dilemma always involves an issue of moral responsibility and the problem of “dirty hands”. How such situations are present in legal practice and how to deal with them is the main concern of this part. The considerations are divided into three levels of reflection – deontological, axiological, and moral responsibility. The practical part of the book contains an overview of 150 dilemmas that can be useful in legal ethics or other legal courses. The dilemmas are divided into chapters covering the following branches of law: criminal law, civil and commercial law, family and custody law, labour and social security law, and constitutional law. Every dilemma presents a description of the facts, a reconstruction of dilemma, its standard solution and some critical remarks from a meta-ethical perspective. The dilemmas cover situations regularly met in everyday practice, as well as examples of more exceptional challenges in connection with constitutional crises that have occurred in Poland in recent years.
Author: Ishtiyaque Haji
Publisher: Cambridge University Press
ISBN: 1139434578
Category : Philosophy
Languages : en
Pages : 304
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Book Description
This book addresses a dilemma concerning freedom and moral obligation (obligation, right and wrong). If determinism is true, then no one has control over one's actions. If indeterminism is true, then no one has control over their actions. But it is morally obligatory, right or wrong for one to perform some action only if one has control over it. Hence, no one ever performs an action that is morally obligatory, right or wrong. The author defends the view that this dilemma can be evaded but not in a way traditional compatibilists about freedom and moral responsibility will find congenial. For moral obligation is indeed incompatible with determinism but not with indeterminism. He concludes with an argument to the effect that, if determinism is true and no action is morally obligatory, right or wrong, then our world would be considerably morally impoverished as several sorts of moral appraisal would be unjustified.
Author: C. Stephen Evans
Publisher: Oxford University Press
ISBN: 0199696683
Category : Philosophy
Languages : en
Pages : 210
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Book Description
C. Stephen Evans defends the claim that moral obligations are best understood as divine commands or requirements; hence an important part of morality depends on God. God's requirements are communicated in a variety of ways, including conscience, and that natural law ethics and virtue ethics provide complementary perspectives to this view.
Author: Daniel Schwartz
Publisher: Cambridge University Press
ISBN: 1107376041
Category : Philosophy
Languages : en
Pages : 423
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Book Description
Francisco Suárez is arguably the most important Neo-Scholastic philosopher and a vital link in the chain leading from medieval philosophy to that of the Renaissance and the Enlightenment. Long neglected by the Anglo-Saxon philosophical community, this sixteenth-century Jesuit theologian is now an object of intense scholarly attention. In this volume, Daniel Schwartz brings together essays by leading specialists which provide detailed treatment of some key themes of Francisco Suárez's philosophical work: God, metaphysics, meta-ethics, the human soul, action, ethics and law, justice and war. The authors assess the force of Suárez's arguments, set them within their wider argumentative context and single out influences and appraise competing interpretations. The book is a useful resource for scholars and students of philosophy, theology, philosophy of religion and history of political thought and provides a rich bibliography of secondary literature.
Author: Jeroen van den Hoven
Publisher: Cambridge University Press
ISBN: 0521119464
Category : Philosophy
Languages : en
Pages : 243
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Book Description
This book shows how an emphasis on design can help us usefully apply ethics to a world built on institutions and technology.
Author: Kevin McCain
Publisher: Routledge
ISBN: 1000468518
Category : Philosophy
Languages : en
Pages : 313
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Book Description
This book features original essays by leading epistemologists that address questions related to epistemic dilemmas from a variety of new, sometimes unexpected, angles. It seems plausible that there can be "no win" moral situations in which no matter what one does one fails some moral obligation. Is there an epistemic analog to moral dilemmas? Are there epistemically dilemmic situations—situations in which we are doomed to violate an epistemic requirement? If there are, when exactly do they arise and what can we learn from them? The contributors to this volume cover a wide variety of positions on epistemic dilemmas. The coverage ranges from discussions of the nature of epistemic dilemmas to arguments that there are no such things to suggestions for how to resolve (or at least live with) epistemic dilemmas to proposals for how thinking about epistemic dilemmas can be used to inform theorizing in other areas of epistemology. Epistemic Dilemmas will be of interest to scholars and advanced students in epistemology working on the nature of justification and evidential support, higher-order requirements, or suspension of judgment.
Author: Ishtiyaque Haji
Publisher: Oxford University Press
ISBN: 0195354168
Category : Philosophy
Languages : en
Pages : 285
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Book Description
This book explores a central question of moral philosophy, addressing whether we are morally responsible for certain kinds of actions, intentional omissions, and the consequences deriving therefrom. Haji distinguishes between moral responsibility and a more restrictive category, moral appraisability. To say that a person is appraisable for an action is to say that he or she is deserving either of praise or blame for that action. One of Haji's principal aims is to uncover conditions sufficient for appraisability of actions. He begins with a number of puzzles that serve to structure and organize the issues, each one of which motivates a condition required for appraisability. The core of Haji's analysis involves his examination of three primary types of conditions. According to a control condition, a person must control the action in an appropriate way in order to be appraisable. An autonomy condition permits moral appraisability for an action only if it ultimately derives from a person's authentic evaluative scheme. On Haji's epistemic requirement, moral praiseworthiness or blameworthiness demands belief on the part of the agent in the rightness or wrongness of an action. Haji concludes this portion of his argument by incorporating these conditions into a general principle which outlines sufficient conditions for appraisability. Haji offers a fascinating discussion of the implications of his analysis. He demonstrates that his appraisability concept is applicable to a variety of non-moral kinds of appraisal, such as those involving legal, prudential and etiquette considerations. He looks at crosscultural attributions of blameworthiness and argues that such attributions are frequently mistaken. He considers the case of addicts and suggests that they may not be morally responsible for actions their addictions are said to cause. He even takes up the intriguing question of whether we can be blamed for the thoughts of our dream selves. Engaging with a central metaphysical question in his conclusion, Haji argues that the conditions of moral responsibility he defends are neither undermined by determinism nor threatened by certain varieties of incompatibilism. Addressing a range of little-discussed topics and forging crucial connections between moral theory and moral responsibility, Moral Appraisability is vital reading for students and scholars of moral philosophy, metaphysics, and the philosophy of law.
Author: Walter Sinnott-Armstrong
Publisher: Wiley-Blackwell
ISBN: 9780631157083
Category : Philosophy
Languages : en
Pages : 264
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Book Description
