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Author: George Pavlakos
Publisher: Cambridge University Press
ISBN: 1107070724
Category : Law
Languages : en
Pages : 343
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Book Description
A collection of new essays on the interplay between intentions and practical reasons in law and practical agency.
Author: Joshua Jowitt
Publisher: Bloomsbury Publishing
ISBN: 1509947701
Category : Law
Languages : en
Pages : 185
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Book Description
How does law possess the normative force it requires to direct our actions? This book argues that this seemingly innocuous question is of central importance to the philosophy of law and, by extension, of the very concept of law itself. It advances a position grounded in the secular natural law tradition, and in doing so addresses the two success criteria for this position head on: Firstly, that commitment to the existence of a supreme moral principle is required; Secondly, that any supreme moral principle must be identifiable through human reason. The book argues that these conditions are met by Alan Gewirth's Principle of Generic Consistency (PGC), which – through a dialectically necessary argument – locates the existence of universally applicable moral norms in the concept of agency. Given the very purpose of law is to guide action, legal norms must be located in a unified hierarchy of practical reason. It follows that, if law is to succeed in claiming to be capable of guiding our action, moral permissibility with reference to the PGC is a necessary condition of a rule's legal validity. This strong theory of natural law is defended throughout, both against moral sceptics and positions within contemporary legal positivism.
Author: George Pavlakos
Publisher: Cambridge University Press
ISBN: 1107070724
Category : Law
Languages : en
Pages : 343
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Book Description
A collection of new essays on the interplay between intentions and practical reasons in law and practical agency.
Author: Charles Foster
Publisher: Springer Nature
ISBN: 3030713342
Category : Law
Languages : en
Pages : 92
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Book Description
This book examines the controversial and repercussive contention that an objective of the law should be to promote personal morality - to make people ethically better. It surveys a number of domains, including criminal law, tort law, contract law, family law, and medical law (particularly the realm of moral enhancement technologies) asking for each: (a) Does the existing law seek to promote personal morality? (b) If so, what is the account of morality promoted, and what is the substantive content? (c) Does it work? and (d) Is this a legitimate objective?
Author: Christine Marion Korsgaard
Publisher: Oxford University Press, USA
ISBN: 0191564591
Category : Philosophy
Languages : en
Pages : 357
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Book Description
Christine M. Korsgaard is one of today's leading moral philosophers: this volume collects ten influential papers by her on practical reason and moral psychology. Korsgaard draws on the work of important figures in the history of philosophy such as Plato, Aristotle, Kant, and Hume, showing how their ideas can inform the solution of contemporary and traditional philosophical problems, such as the foundations of morality and practical reason, the nature of agency, and the role of the emotions in action. In Part 1, The Principles of Practical Reason, Korsgaard defends the view that the principles of practical reason are constitutive principles of action. By governing our actions in accordance with Kant's categorical imperative and the principle of instrumental reason, she argues, we take control of our own movements and so render ourselves active, self-determining beings. She criticizes rival attempts to give a normative foundation to the principles of practical reason, challenges the claims of the principle of maximizing one's own interests to be a rational principle, and argues for some deep continuities between Plato's account of the connection between justice and agency and Kant's account of the connection between autonomy and agency. In Part II, Moral Virtue and Moral Psychology, Korsgaard takes up the question of the role of our more passive or receptive faculties--our emotions and responses --in constituting our agency. She sketches a reading of the Nicomachean Ethics, based on the idea that our emotions can serve as perceptions of good and evil, and argues that this view of the emotions is at the root of the apparent differences between Aristotle and Kant's accounts of morality. She argues that in fact, Aristotle and Kant share a distinctive view about the locus of moral value and the nature of human choice that, among other things, gives them account of what it means to act rationally that is superior to other accounts. In Part III, Other Reflections, Korsgaard takes up question how we come to view one another as moral agents in Hume's philosophy. She examines the possible clash between the agency of the state and that of the individual that led to Kant's paradoxical views about revolution. And finally, she discusses her methodology in an account of what it means to be a constructivist moral philosopher. The essays are united by an introduction in which Korsgaard explains their connections to each other and to her current work.
Author: Jeanette Kennett
Publisher: Oxford University Press
ISBN: 0199266301
Category : Philosophy
Languages : en
Pages : 238
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Book Description
Is it ever possible for people to act freely and intentionally against their better judgement? Is it ever possible to act in opposition to one's strongest desire? If either of these questions are answered in the negative, the common-sense distinctions between recklessness, weakness of willand compulsion collapse. This would threaten our ordinary notion of self-control and undermine our practice of holding each other responsible for moral failure. So a clear and plausible account of how weakness of will and self-control are possible is of great practical significance.Taking the problem of weakness of will as her starting point, Jeanette Kennett builds an admirably comprehensive and integrated account of moral agency which gives a central place to the capacity for self-control. Her account of the exercise and limits of self-control vindicates the common-sensedistinction between weakness of will and compulsion and so underwrites our ordinary allocations of moral responsibility. She addresses with clarity and insight a range of important topics in moral psychology, such as the nature of valuing and desiring, conceptions of virtue, moral conflict, andthe varieties of recklessness (here characterised as culpable bad judgement) - and does so in terms which make their relations to each other and to the challenges of real life obvious. Agency and Responsibility concludes by testing the accounts developed of self-control, moral failure, and moralresponsibility against the hard cases provided by acts of extreme evil.
Author: Robert Stern
Publisher: Oxford University Press, USA
ISBN: 019872229X
Category : Philosophy
Languages : en
Pages : 295
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Book Description
This volume presents a selection of Robert Stern's work on the theme of Kantian ethics. The topics he explores include value, perfectionism, agency, autonomy, moral motivation, moral scepticism, and obligation, and he consider the influence of Kant's ethics on subsequent thinkers, up to the present day.
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: Luca Ferrero
Publisher: Routledge
ISBN: 0429510764
Category : Philosophy
Languages : en
Pages : 492
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Book Description
One of the most basic and important distinctions we draw is between those entities with the capacity of agency and those without. As humans we enjoy agency in its full-blooded form and therefore a proper understanding of the nature of agency is of great importance to appreciate who we are and what we should expect and demand of our existence. The Routledge Handbook of Philosophy of Agency is an outstanding reference source to the key issues, problems, and debates in this exciting subject and is the first collection of its kind. Comprising 42 chapters by an international team of contributors, the Handbook is divided into eight clear parts: The Metaphysics of Agency Kinds of Agency Agency and Ability Agency: Mind, Body, and World Agency and Knowledge Agency and Moral Psychology Agency and Time Agency, Reasoning, and Normativity. A broad range of topics are covered, including the relation of agency to causation, teleology, animal agency, intentionality, planning, skills, disability, practical knowledge, self-knowledge, the will, responsibility, autonomy, identification, emotions, personal identity, reasons, morality, the law, aesthetics, and games. The Routledge Handbook of Philosophy of Agency is essential reading for students and researchers within philosophy of action, philosophy of mind, metaphysics, philosophy of psychology, and ethics.
Author: Italo Pardo
Publisher: Berghahn Books
ISBN: 1800733917
Category : Social Science
Languages : en
Pages : 272
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Book Description
With the growing fragmentation of western societies and disillusionment with the political process, the question of legitimacy has become one of the key issues of contemporary politics and is examined in this volume in depth for the first time. Drawing on ethnographic material from the U.S., Europe, India, Japan, and Africa, anthropologists and legal scholars investigate the morally diversified definitions of legitimacy that co-exist in any one society. Aware of the tensions between state morality and community morality, they offer reflections on the relationship between agency - individual and collective - and the legal and political systems. In a situation in which politics has only too often degenerated into vacuous rhetoric, this volume demonstrates how critical the relationship between trust and legitimacy is for the authoritative exercise of power in democratic societies.
Author: Bruno Verbeek
Publisher: Taylor & Francis
ISBN: 1351906321
Category : Philosophy
Languages : en
Pages : 256
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Book Description
There are a number of problems in philosophy that seem to share a similar possible solution: 'Why do promises and contracts bind?', 'Why ought citizens and judges obey the law?' and 'Can we realize the gains to be made from cooperation?'. All three problems (as well as some others) share a possible solution in the form of rational internal commitment. Reasons and Intentions is a 'state-of-the-art' overview of the relevant positions on the possibility of such commitment, including critical ones. The introduction provides a survey of the central problem of the volume, 'how the will can bind itself and still be instrumental in nature', and the various positions which are further examined in the contributions. Addressing the question of the relation between intentions and action, the considerations which make an intention rational and how this translates into our conception of (moral) agency, this book brings together specially commissioned essays by the leading scholars in the field.
