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Author: Kimberley Brownlee
Publisher: OUP Oxford
ISBN: 0191645923
Category : Law
Languages : en
Pages : 430
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Book Description
The book shows that civil disobedience is generally more defensible than private conscientious objection. Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness (CPC). According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing. The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience. Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. 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 rigour and originality. It sets the standard in contemporary jurisprudence.
Author: Kimberley Brownlee
Publisher: OUP Oxford
ISBN: 0191645923
Category : Law
Languages : en
Pages : 430
Get Book Here
Book Description
The book shows that civil disobedience is generally more defensible than private conscientious objection. Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness (CPC). According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing. The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience. Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. 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 rigour and originality. It sets the standard in contemporary jurisprudence.
Author: Jeremy TAYLOR (Bishop of Down and Connor, and of Dromore.)
Publisher:
ISBN:
Category :
Languages : en
Pages : 896
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Book Description
Author: Jeremy Taylor
Publisher:
ISBN:
Category : Conscience
Languages : en
Pages : 0
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Book Description
Author: Mark Dimmock
Publisher: Open Book Publishers
ISBN: 1783743913
Category : Philosophy
Languages : en
Pages : 200
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Book Description
What does pleasure have to do with morality? What role, if any, should intuition have in the formation of moral theory? If something is ‘simulated’, can it be immoral? This accessible and wide-ranging textbook explores these questions and many more. Key ideas in the fields of normative ethics, metaethics and applied ethics are explained rigorously and systematically, with a vivid writing style that enlivens the topics with energy and wit. Individual theories are discussed in detail in the first part of the book, before these positions are applied to a wide range of contemporary situations including business ethics, sexual ethics, and the acceptability of eating animals. A wealth of real-life examples, set out with depth and care, illuminate the complexities of different ethical approaches while conveying their modern-day relevance. This concise and highly engaging resource is tailored to the Ethics components of AQA Philosophy and OCR Religious Studies, with a clear and practical layout that includes end-of-chapter summaries, key terms, and common mistakes to avoid. It should also be of practical use for those teaching Philosophy as part of the International Baccalaureate. Ethics for A-Level is of particular value to students and teachers, but Fisher and Dimmock’s precise and scholarly approach will appeal to anyone seeking a rigorous and lively introduction to the challenging subject of ethics. Tailored to the Ethics components of AQA Philosophy and OCR Religious Studies.
Author: H. Jefferson Powell
Publisher: University of Chicago Press
ISBN: 0226677303
Category : Law
Languages : en
Pages : 161
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Book Description
While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making. Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves.
Author: Andrew David Naselli
Publisher: Crossway
ISBN: 1433550776
Category : Religion
Languages : en
Pages : 149
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Book Description
There is an increasing number of divisive issues in our world today, all of which require great discernment. Thankfully, God has given each of us a conscience to align our wills with his and help us make wise decisions. Examining all thirty New Testament passages that touch on the conscience, Andrew Naselli and J. D. Crowley help readers get to know their consciences—a largely neglected topic—and engage with other Christians who hold different convictions. Offering guiding principles and answering critical questions about how the conscience works and how to care for it, this book shows how the conscience impacts our approach to church unity, ministry, and more.
Author: Ann Wright
Publisher:
ISBN: 9781608465842
Category : History
Languages : en
Pages : 0
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Book Description
Stories of men and women, who risked careers, reputations, and even freedom for truth.
Author: Andrew R. Murphy
Publisher: Penn State Press
ISBN: 0271075945
Category : Religion
Languages : en
Pages : 310
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Book Description
Religious toleration appears near the top of any short list of core liberal democratic values. Theorists from John Locke to John Rawls emphasize important interconnections between the principles of toleration, constitutional government, and the rule of law. Conscience and Community revisits the historical emergence of religious liberty in the Anglo-American tradition, looking deeper than the traditional emergence of toleration to find not a series of self-evident or logically connected expansions but instead a far more complex evolution. Murphy argues that contemporary liberal theorists have misunderstood and misconstrued the actual historical development of toleration in theory and practice. Murphy approaches the concept through three "myths" about religious toleration: that it was opposed only by ignorant, narrow-minded persecutors; that it was achieved by skeptical Enlightenment rationalists; and that tolerationist arguments generalize easily from religion to issues such as gender, race, ethnicity, and sexuality, providing a basis for identity politics.
Author: Jeffrey B. Hammond
Publisher: Cambridge University Press
ISBN: 1108835384
Category : Law
Languages : en
Pages : 471
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Book Description
This book explores the Christian theological, legal, constitutional, historical, and philosophical meanings of conscience for both scholarly and educated general audiences.
Author: Timothy Sandefur
Publisher: Cato Institute
ISBN: 1939709040
Category : Law
Languages : en
Pages : 217
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Book Description
The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty documents a forgotten truth: the word “democracy” is nowhere to be found in either the Constitution or the Declaration. But it is the overemphasis of democracy by the legal community–rather than the primacy of liberty, as expressed in the Declaration of Independence–that has led to the growth of government power at the expense of individual rights. Now, more than ever, Sandefur explains, the Declaration of Independence should set the framework for interpreting our fundamental law. In the very first sentence of the Constitution, the founding fathers stated unambiguously that “liberty” is a blessing. Today, more and more Americans are realizing that their individual freedoms are being threatened by the ever-expanding scope of the government. Americans have always differed over important political issues, but some things should not be settled by majority vote. In The Conscience of the Constitution, Timothy Sandefur presents a dramatic new challenge to the status quo of constitutional law.
