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Author: Joshua Jowitt Publisher: Bloomsbury Publishing ISBN: 1509947698 Category : Law Languages : en Pages : 185
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: Joshua Jowitt Publisher: Bloomsbury Publishing ISBN: 1509947698 Category : Law Languages : en Pages : 185
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: David Rönnegard Publisher: Springer ISBN: 9401797560 Category : Philosophy Languages : en Pages : 218
Book Description
It is uncontroversial that corporations are legal agents that can be held legally responsible, but can corporations also be moral agents that are morally responsible? Part one of this book explicates the most prominent theories of corporate moral agency and provides a detailed debunking of why corporate moral agency is a fallacy. This implies that talk of corporate moral responsibilities, beyond the mere metaphorical, is essentially meaningless. Part two takes the fallacy of corporate moral agency as its premise and spells out its implications. It shows how prominent normative theories within Corporate Social Responsibility, such as Stakeholder Theory and Social Contract Theory, rest on an implicit assumption of corporate moral agency. In this metaphysical respect such theories are untenable. In order to provide a more robust metaphysical foundation for corporations the book explicates the development of the corporate legal form in the US and UK, which displays how the corporation has come to have its current legal attributes. This historical evolution shows that the corporation is a legal fiction created by the state in order to serve both public and private goals. The normative implication for corporate accountability is that citizens of democratic states ought to primarily make calls for legal enactments in order to hold the corporate legal instruments accountable to their preferences.
Author: Cornelia Ulbert Publisher: Routledge ISBN: 1351781863 Category : Political Science Languages : en Pages : 220
Book Description
At a time when globalization has side-lined many of the traditional, state-based addressees of legal accountability, it is not clear yet how blame is allocated and contested in the new, highly differentiated, multi-actor governance arrangements of the global economy and world society. Moral Agency and the Politics of Responsibility investigates how actors in complex governance arrangements assign responsibilities to order the world and negotiate who is responsible for what and how. The book asks how moral duties can be defined beyond the territorial and legal confines of the nation-state; and how obligations and accountability mechanisms for a post-national world, in which responsibility remains vague, ambiguous and contested, can be established. Using an empirical as well as a theoretical perspective, the book explores ontological framings of complexity emphasizing emergence and non-linearity, which challenge classic liberal notions of responsibility and moral agency based on the autonomous subject. Moral Agency and the Politics of Responsibility is perfect for scholars from International Relations, Politics, Philosophy and Political Economy with an interest in the topical and increasingly popular topics of moral agency and complexity.
Author: Veronica Rodriguez-Blanco Publisher: Cambridge University Press ISBN: 1108571379 Category : Law Languages : en Pages : 273
Book Description
This collection of essays represents a ground-breaking collaboration between moral philosophers, action theorists, lawyers and legal theorists to set a fresh research agenda on agency and responsibility in negligence. The complex phenomenon of responsibility in negligence is analysed from multi- and interdisciplinary perspectives, shedding light on key ethical and legal issues related to agency and negligence to impact substantive law and policy-making in different jurisdictions. The volume introduces new debates and questions old assumptions, inviting the reader to rethink substantive law and practical ethical reflection.
Author: Robyn McPhail Publisher: ISBN: Category : Philosophy Languages : en Pages : 200
Book Description
The authors argue that an understanding of human agency based on Spinoza's views can resolve the apparent conflict between the demands of happiness and the dictates of morality without damaging the unique values associated with the moral form of life espoused by Kant. Because Spinoza's views previously have been isolated from the main stream of moral philosophy in which Kant is the central figure, the insights presented in this text constitute a corrective for philosophical reflection on morality and ethics. Contents: include: Two Kinds of Value; Kant's Shadow Model of Moral Causality; Reflexive Decision-Making; Groundwork for a Transition to Spinoza; Spinoza's Account of Human Agency; Agency in Kant; Explaining Away the Evidence for Morality as a Form of Life; and The Unique Viability of the Moral Form of Life.
Author: Charles Garofalo Publisher: CRC Press ISBN: 1420027808 Category : Political Science Languages : en Pages : 208
Book Description
Common Ground, Common Future: Moral Agency in Public Administration, Professions, and Citizenship examines the public and private roles of the citizen as a moral agent. The authors define this agent as a person who recognizes morality as a motive for action, and not only follows moral principles but also acknowledges morality as his or her principa
Author: Wojciech Sadurski Publisher: Springer Science & Business Media ISBN: 940091928X Category : Law Languages : en Pages : 225
Book Description
lt is a commonplace that law and morality intersect and interpenetrate in all the areas of legal decision-making; that in order to make sense of constitutional, statutory or common-law questions, judges and other legal decision-makers must first resolve certain philosophical issues which include moral judgments of right and wrang_ This is particularly evident with regard to constitutional interpretation, especially when constitutions give a mandate for the protection of the substantive norms and values entrenched as constitutional rights. In these Situations, as a leading contemporary legal philosopher observed, the "Constitution fuses legal and moral issues, by making the validity of a law depend on an answer to complex moral 1 problems". But the need for substantive value elucidation is not confined, of course, only to constitutional interpretation under Bills of Rights. This, however, immediately raises a dilemma stemming from the moral diversity and pluralism of modern liberal societies. How can law remain sensitive to this pluralism and yet provide clear answers to the problems which call for a legal resolution? Sharply conflicting values in modern societies clash in the debates over the death penalty, abortion, homosexuality, separation of state and religion, the scope of the freedom of the press, or affirmative action. lt would often be difficult to discern a broader consensus within which these clashes of values operate, unless this consensus were described in such vague terms as to render it practically meaningless.
Author: Robert W. Kolb Publisher: SAGE ISBN: 1412916526 Category : Business & Economics Languages : en Pages : 2593
Book Description
This encyclopedia spans the relationships among business, ethics and society, with an emphasis on business ethics and the role of business in society.
Author: Andrews Reath Publisher: Clarendon Press ISBN: 0191537195 Category : Philosophy Languages : en Pages : 288
Book Description
Andrews Reath presents a selection of his best essays on various features of Kant's moral psychology and moral theory, with particular emphasis on his conception of rational agency and his conception of autonomy. The opening essays explore different elements of Kant's views about motivation, including his account of respect for morality as the distinctive moral motive and his view of the principle of happiness as a representation of the shared structure of non-moral choice. These essays stress the unity of Kant's moral psychology by arguing that moral and non-moral considerations motivate in essentially the same way. Several of the essays develop an original approach to Kant's conception of autonomy that emphasizes the political metaphors found throughout Kant's writings on ethics. They argue that autonomy is best interpreted not as a psychological capacity, but as a kind of sovereignty: in claiming that moral agents have autonomy, Kant regards them as a kind of sovereign legislator with the power to give moral law through their willing. The final essays explore some of the implications of this conception of autonomy elsewhere in Kant's moral thought, arguing that his Formula of Universal Law uses this conception of autonomy to generate substantive moral principles and exploring the connection between Kantian self-legislation and duties to oneself. The collection offers revised versions of several previously published essays, as well as two new papers, 'Autonomy of the Will as the Foundation of Morality' and 'Agency and Universal Law'. It will be of interest to all students and scholars of Kant, and to many moral philosophers.
Author: Joshua Jowitt
Author: Joshua Jowitt
Author: David Rönnegard
Author: Cornelia Ulbert
Author: Veronica Rodriguez-Blanco
Author: Robyn McPhail
Author: George Pavlakos
Author: Charles Garofalo
Author: Wojciech Sadurski
Author: Robert W. Kolb
Author: Andrews Reath