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Author: Abner Greene Publisher: Harvard University Press ISBN: 0674065174 Category : Law Languages : en Pages : 346
Book Description
Do citizens of a nation such as the United States have a moral duty to obey the law? Do officials, when interpreting the Constitution, have an obligation to follow what that text meant when ratified? To follow precedent? To follow what the Supreme Court today says the Constitution means?These are questions of political obligation (for citizens) and interpretive obligation (for anyone interpreting the Constitution, often officials). Abner Greene argues that such obligations do not exist. Although citizens should obey some laws entirely, and other laws in some instances, no one has put forth a successful argument that citizens should obey all laws all the time. Greene's case is not only "against" obligation. It is also "for" an approach he calls "permeable sovereignty": all of our norms are on equal footing with the state's laws. Accordingly, the state should accommodate religious, philosophical, family, or tribal norms whenever possible. Greene shows that questions of interpretive obligation share many qualities with those of political obligation. In rejecting the view that constitutional interpreters must follow either prior or higher sources of constitutional meaning, Greene confronts and turns aside arguments similar to those offered for a moral duty of citizens to obey the law.
Author: Abner Greene Publisher: Harvard University Press ISBN: 0674065174 Category : Law Languages : en Pages : 346
Book Description
Do citizens of a nation such as the United States have a moral duty to obey the law? Do officials, when interpreting the Constitution, have an obligation to follow what that text meant when ratified? To follow precedent? To follow what the Supreme Court today says the Constitution means?These are questions of political obligation (for citizens) and interpretive obligation (for anyone interpreting the Constitution, often officials). Abner Greene argues that such obligations do not exist. Although citizens should obey some laws entirely, and other laws in some instances, no one has put forth a successful argument that citizens should obey all laws all the time. Greene's case is not only "against" obligation. It is also "for" an approach he calls "permeable sovereignty": all of our norms are on equal footing with the state's laws. Accordingly, the state should accommodate religious, philosophical, family, or tribal norms whenever possible. Greene shows that questions of interpretive obligation share many qualities with those of political obligation. In rejecting the view that constitutional interpreters must follow either prior or higher sources of constitutional meaning, Greene confronts and turns aside arguments similar to those offered for a moral duty of citizens to obey the law.
Author: John D. Caputo Publisher: Indiana University Press ISBN: 025311487X Category : Philosophy Languages : en Pages : 304
Book Description
A brilliant and witty postmodern critique of ethics, framed as a contemporary restaging of Kierkegaard’s Fear and Trembling. John D. Caputo undertakes a passionate, poetic, and satiric search for the basis of an ethics in the postmodern situation. Restaging Kierkegaard’s Fear and Trembling, Caputo defends the notion of obligation without ethics, of responsibility without the support of ethical foundations. Retelling the story of Abraham and Isaac, he strikes the pose of a postmodern-day Johannes de Silentio, accompanied by communications from such startling figures as Johanna de Silentio, Felix Sineculpa, and Magdalena de la Cruz. In dialogue with the thought of Kierkegaard, Nietzsche, Derrida, and Lyotard, Caputo forges a challenging, original account of what is possible and what is not possible for a continentalist ethics today. “Against Ethics is a bold work. . . . A counterethics whose multiple voices will be heard long after the trivializing arguments of many analytic ethicists have vanished and the arcane formulations of many postmoderns have been jettisoned.” —Edith Wyschogrod “Caputo provides a brilliant new analysis of the limits of ethics. . . . Essential reading for anyone concerned with the philosophical issues raised in postmodernity.” —Drucilla Cornell “One of the most important works on philosophical ethics written in recent years. . . . Caputo speaks with a passion and concern that are rare in academic philosophy.” —Mark C. Taylor “Against Ethics is beautifully written, clever, learned, thought-provoking, and even inspiring.” —Theological Studies “Writing in the form of his ideas, Caputo offers the reader a truly exquisite reading experience. . . . His iconic style mirrors a truly refreshing honesty that draws the reader in to play.” —Quarterly Journal of Speech
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Louis Michael Seidman Publisher: Oxford University Press ISBN: 0199898286 Category : Political Science Languages : en Pages : 192
Book Description
What would the Framers of the Constitution make of multinational corporations? Nuclear weapons? Gay marriage? They led a preindustrial country, much of it dependent on slave labor, huddled on the Atlantic seaboard. The Founders saw society as essentially hierarchical, led naturally by landed gentry like themselves. Yet we still obey their commands, two centuries and one civil war later. According to Louis Michael Seidman, it's time to stop. In On Constitutional Disobedience, Seidman argues that, in order to bring our basic law up to date, it needs benign neglect. This is a highly controversial assertion. The doctrine of "original intent" may be found on the far right, but the entire political spectrum--left and right--shares a deep reverence for the Constitution. And yet, Seidman reminds us, disobedience is the original intent of the Constitution. The Philadelphia convention had gathered to amend the Articles of Confederation, not toss them out and start afresh. The "living Constitution" school tries to bridge the gap between the framers and ourselves by reinterpreting the text in light of modern society's demands. But this attempt is doomed, Seidman argues. One might stretch "due process of law" to protect an act of same-sex sodomy, yet a loyal-but-contemporary reading cannot erase the fact that the Constitution allows a candidate who lost the popular election to be seated as president. And that is only one of the gross violations of popular will enshrined in the document. Seidman systematically addresses and refutes the arguments in favor of Constitutional fealty, proposing instead that it be treated as inspiration, not a set of commands. The Constitution is, at its best, a piece of poetry to liberty and self-government. If we treat it as such, the author argues, we will make better progress in achieving both.
Author: Eric R. Severson Publisher: ISBN: 9780834126121 Category : Religion Languages : en Pages : 0
Book Description
In Scandalous Obligation, Eric Severson explores the scope of Christian responsibility. This book delves into the slippery nature of obligation, the dilemma of competing calls for justice, and the perilous temptation to dismiss or avoid responsibility.
Author: Christopher Wellman Publisher: Cambridge University Press ISBN: 1316582965 Category : Philosophy Languages : en Pages :
Book Description
The central question in political philosophy is whether political states have the right to coerce their constituents and whether citizens have a moral duty to obey the commands of their state. In this 2005 book, Christopher Heath Wellman and A. John Simmons defend opposing answers to this question. Wellman bases his argument on samaritan obligations to perform easy rescues, arguing that each of us has a moral duty to obey the law as his or her fair share of the communal samaritan chore of rescuing our compatriots from the perils of the state of nature. Simmons counters that this, and all other attempts to explain our duty to obey the law, fail. He defends a position of philosophical anarchism, the view that no existing state is legitimate and that there is no strong moral presumption in favor of obedience to, or compliance with, any existing state.
Author: Daniel Matthews Publisher: Routledge ISBN: 1351403699 Category : Law Languages : en Pages : 272
Book Description
Against an ever-expanding and diversifying ‘rights talk’, this book re-opens the question of obligation from not only legal but also ethical, sociological and political perspectives. Its premise is that obligation has a primacy ahead of rights, because rights attach to practices and modes of being that are already saturated with obligations. Obligations thus lie at the core not just of law but of community. Yet the distinctive meanings, range and situations of obligation have tended to remain under-theorised in legal scholarship. In response, this book examines the sense in which we are multiply ‘bound beings’, to law and legal institutions, as much as we are to place, community, memory and the various social institutions that give shape to collective life. Sharing this set of concerns, each of the international group of scholars contributing to this volume traces the specificity of the binding force of obligations, their techniques and modes of expression, as well as their centrally important role in giving form to lawful relations. Together they provide an innovative and challenging contribution to legal scholarship: one that will also be of relevance to those working in politics, philosophy and social theory.
Author: Steven Wolfe Publisher: ISBN: 9780692443071 Category : Languages : en Pages : 230
Book Description
"The Obligation" is a modern parable about a young Capitol Hill staffer who discovers that the seasoned congressman he works for is guarding an ancient secret. An obsession over a mysterious inscription launches his introduction to a worldview that will challenge everything he thought he knew about space, evolution and humanity. Under the guidance of the congressman, the young man is propelled on a journey of mind and spirit that takes him from Washington to California to Arizona and back to the floor of the House of Representatives. Along the way, he meets six extraordinary individuals who help him understand the secret of the Obligation. The journey is filled with emotions, ideas and insights that lead the young aide to not only understand the reason why we yearn to explore outer space, but also see the larger responsibility we have to each other and to the planet that gave us life.
Author: C. Stephen Evans Publisher: Oxford University Press ISBN: 0199696683 Category : Philosophy Languages : en Pages : 210
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: Abner Greene
Author: Abner Greene
Author: John D. Caputo
Author: American Bar Association. House of Delegates
Author: Louis Michael Seidman
Author: Eric R. Severson
Author: Christopher Wellman
Author: Daniel Matthews
Author: Steven Wolfe
Author: C. Stephen Evans
Author: Andres Rosler