Conflicts of Law and Morality

Conflicts of Law and Morality PDF 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.

Conflicts of Law and Morality

Conflicts of Law and Morality PDF 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.

Law and Morals

Law and Morals PDF Author: Simon F. Lee
Publisher: Oxford University Press, USA
ISBN:
Category : Language Arts & Disciplines
Languages : en
Pages : 120

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Book Description
This book examines the relationship between law and morals, especially relating them to issues and events of current interest, and argues for broader participation in the debate, since it raises questions which touch the lives of us all.

The Morality of Law

The Morality of Law PDF Author: Lon Luvois Fuller
Publisher:
ISBN: 9788175341630
Category : Law and ethics
Languages : en
Pages : 0

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Book Description


The Moral Law

The Moral Law PDF Author: Immanuel Kant
Publisher:
ISBN:
Category : Ethics
Languages : en
Pages : 158

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Book Description


An Introduction to Law

An Introduction to Law PDF Author: Phil Harris
Publisher: Cambridge University Press
ISBN: 1139461451
Category : Law
Languages : en
Pages : 589

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Book Description
Since the publication of its first edition, this textbook has become the definitive student introduction to the subject. As with earlier editions, the seventh edition gives a clear understanding of fundamental legal concepts and their importance within society. In addition, this book addresses the ways in which rules and the structures of law respond to and impact upon changes in economic and political life. The title has been extensively updated and explores recent high profile developments such as the Civil Partnership Act 2005 and the Racial and Religious Hatred Bill. This introductory text covers a wide range of topics in a clear, sensible fashion giving full context to each. For this reason An Introduction to Law is ideal for all students of law, be they undergraduate law students, those studying law as part of a mixed degree, or students on social sciences courses which offer law options.

The Enforcement of Morals

The Enforcement of Morals PDF Author: Patrick Devlin
Publisher: Amagi Books
ISBN: 9780865978058
Category : Law
Languages : en
Pages : 0

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Book Description
Are morals always relative? Are private actions--among consenting adults-- always beyond the law? Or are there some behaviors which so weaken a society that common beliefs about right and wrong must be enforced to protect the common good? In opposing the decriminalization of private acts of homosexuality in Britain, Patrick Devlin maintained that not only is it reasonable to allow popular morality to influence lawmaking, it is imperative: " . . . For a society is not something that is kept together physically; it is held by the invisible bonds of common thought." Today, as divisive issues such as same-sex marriage and "don't ask, don't tell" confront our legislative, judicial, and executive branches, the views expressed by Devlin in The Enforcement of Morals resonate and reverberate anew. Patrick Devlin (1905-1992) studied history and law at Cambridge University and became a successful lawyer.

The Ethics of Deference

The Ethics of Deference PDF Author: Philip Soper
Publisher: Cambridge University Press
ISBN: 9780521008723
Category : Law
Languages : en
Pages : 214

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Book Description
Differs from standard approaches by focusing on the language of deference instead of obedience.

Law, Liberty, and Morality

Law, Liberty, and Morality PDF Author: H. L. A. Hart
Publisher: Stanford University Press
ISBN: 9780804701549
Category : Political Science
Languages : en
Pages : 100

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Book Description
This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two great lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share.

The Right to Do Wrong

The Right to Do Wrong PDF Author: Mark Osiel
Publisher: Harvard University Press
ISBN: 0674368258
Category : Law
Languages : en
Pages : 513

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Book Description
Common morality—in the form of shame, outrage, and stigma—has always been society’s first line of defense against ethical transgressions. Social mores crucially complement the law, Mark Osiel shows, sparing us from oppressive formal regulation. Much of what we could do, we shouldn’t—and we don’t. We have a free-speech right to be offensive, but we know we will face outrage in response. We may declare bankruptcy, but not without stigma. Moral norms constantly demand more of us than the law requires, sustaining promises we can legally break and preventing disrespectful behavior the law allows. Mark Osiel takes up this curious interplay between lenient law and restrictive morality, showing that law permits much wrongdoing because we assume that rights are paired with informal but enforceable duties. People will exercise their rights responsibly or else face social shaming. For the most part, this system has worked. Social order persists despite ample opportunity for reprehensible conduct, testifying to the decisive constraints common morality imposes on the way we exercise our legal prerogatives. The Right to Do Wrong collects vivid case studies and social scientific research to explore how resistance to the exercise of rights picks up where law leaves off and shapes the legal system in turn. Building on recent evidence that declining social trust leads to increasing reliance on law, Osiel contends that as social changes produce stronger assertions of individual rights, it becomes more difficult to depend on informal tempering of our unfettered freedoms. Social norms can be indefensible, Osiel recognizes. But the alternative—more repressive law—is often far worse. This empirically informed study leaves little doubt that robust forms of common morality persist and are essential to the vitality of liberal societies.

The Principles of Morals and Legislation

The Principles of Morals and Legislation PDF Author: Jeremy Bentham
Publisher:
ISBN:
Category : Civil law
Languages : en
Pages : 378

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Book Description
Discusses morals' functions and natures that affect the legislation in general. Bases the discussions on pain and pleasure as basic principle of law embodiment. Mentions of the circumstance influencing sensibility, general human actions, intentionality, conciousness, motives, human dispositions, consequencess of mischievous act, case of punishment, and offences' division.