Author: Deryck BeyleveldPublisher:
ISBN:
Category : Law
Languages : en
Pages : 528
Book Description
Law as a Moral Judgment
Author: Deryck BeyleveldPublisher:
ISBN:
Category : Law
Languages : en
Pages : 528
Book Description
The Legislation of Morality: Law, Drugs, and Moral Judgment
Author: Troy DusterPublisher:
ISBN:
Category : Drug abuse
Languages : en
Pages : 296
Book Description
The Rule of Rules
Author: Larry AlexanderPublisher: Duke University Press
ISBN: 0822380021
Category : Law
Languages : en
Pages : 289
Book Description
Rules perform a moral function by restating moral principles in concrete terms, so as to reduce the uncertainty, error, and controversy that result when individuals follow their own unconstrained moral judgment. Although reason dictates that we must follow rules to avoid destructive error and controversy, rules—and hence laws—are imperfect, and reason also dictates that we ought not follow them when we believe they produce the wrong result in a particular case. In The Rule of Rules Larry Alexander and Emily Sherwin examine this dilemma. Once the importance of this moral and practical conflict is acknowledged, the authors argue, authoritative rules become the central problems of jurisprudence. The inevitable gap between rules and background morality cannot be bridged, they claim, although many contemporary jurisprudential schools of thought are misguided attempts to do so. Alexander and Sherwin work through this dilemma, which lies at the heart of such ongoing jurisprudential controversies as how judges should reason in deciding cases, what effect should be given to legal precedent, and what status, if any, should be accorded to “legal principles.” In the end, their rigorous discussion sheds light on such topics as the nature of interpretation, the ancient dispute among legal theorists over natural law versus positivism, the obligation to obey law, constitutionalism, and the relation between law and coercion. Those interested in jurisprudence, legal theory, and political philosophy will benefit from the edifying discussion in The Rule of Rules.
The Rule of Rules
Author: Larry AlexanderPublisher: Duke University Press
ISBN: 9780822327363
Category : Law
Languages : en
Pages : 296
Book Description
Rules perform a moral function by restating moral principles in concrete terms, so as to reduce the uncertainty, error, and controversy that result when individuals follow their own unconstrained moral judgment. Although reason dictates that we must follow rules to avoid destructive error and controversy, rules—and hence laws—are imperfect, and reason also dictates that we ought not follow them when we believe they produce the wrong result in a particular case. In The Rule of Rules Larry Alexander and Emily Sherwin examine this dilemma. Once the importance of this moral and practical conflict is acknowledged, the authors argue, authoritative rules become the central problems of jurisprudence. The inevitable gap between rules and background morality cannot be bridged, they claim, although many contemporary jurisprudential schools of thought are misguided attempts to do so. Alexander and Sherwin work through this dilemma, which lies at the heart of such ongoing jurisprudential controversies as how judges should reason in deciding cases, what effect should be given to legal precedent, and what status, if any, should be accorded to “legal principles.” In the end, their rigorous discussion sheds light on such topics as the nature of interpretation, the ancient dispute among legal theorists over natural law versus positivism, the obligation to obey law, constitutionalism, and the relation between law and coercion. Those interested in jurisprudence, legal theory, and political philosophy will benefit from the edifying discussion in The Rule of Rules.
The Practice of Moral Judgment
Author: Barbara HermanPublisher: Harvard University Press
ISBN: 9780674697171
Category : Philosophy
Languages : en
Pages : 280
Book Description
Barbara Herman argues for a radical shift in the way we perceive Kant's ethics. She convincingly reinterprets the key texts, at once allowing Kant to mean what he says while showing that what Kant says makes good moral sense. She urges us to abandon the tradition that describes Kantian ethics as a deontology, a moral system of rules of duty. She finds the central idea of Kantian ethics not in duty but in practical rationality as a norm of unconditioned goodness. This book both clarifies Kant's own theory and adds programmatic vitality to modern moral philosophy.
From Principles to Practice
Author: Onora O'NeillPublisher: Cambridge University Press
ISBN: 110711375X
Category : Philosophy
Languages : en
Pages : 235
Book Description
Although abstract principles alone cannot guide action, they can be combined to shape good practical judgement and change the world.
The Legislation of Morality
Author: Troy DusterPublisher:
ISBN: 9780029086803
Category : Philosophy
Languages : en
Pages : 274
Book Description
Ethics and the Rule of Law
Author: David LyonsPublisher: Cambridge University Press
ISBN: 9780521277129
Category : Law
Languages : en
Pages : 244
Book Description
This clear and systematic introduction to the philosophy of law attempts to answer some important questions about the nature of law and its relationship to social norms and moral standards.
Psychology of Learning and Motivation
Author: Publisher: Academic Press
ISBN: 9780080922775
Category : Psychology
Languages : en
Pages : 384
Book Description
This volume presents a variety of perspectives from within and outside moral psychology. Recently there has been an explosion of research in moral psychology, but it is one of the subfields most in need of bridge-building, both within and across areas. Interests in moral phenomena have spawned several separate lines of research that appear to address similar concerns from a variety of perspectives. The contributions to this volume examine key theoretical and empirical issues these perspectives share that connect these issues with the broader base of theory and research in social and cognitive psychology. The first two chapters discuss the role of mental representation in moral judgment and reasoning. Sloman, Fernbach, and Ewing argue that causal models are the canonical representational medium underlying moral reasoning, and Mikhail offers an account that makes use of linguistic structures and implicates legal concepts. Bilz and Nadler follow with a discussion of the ways in which laws, which are typically construed in terms of affecting behavior, exert an influence on moral attitudes, cognition, and emotions. Baron and Ritov follow with a discussion of how people's moral cognition is often driven by law-like rules that forbid actions and suggest that value-driven judgment is relatively less concerned by the consequences of those actions than some normative standards would prescribe. Iliev et al. argue that moral cognition makes use of both rules and consequences, and review a number of laboratory studies that suggest that values influence what captures our attention, and that attention is a powerful determinant of judgment and preference. Ginges follows with a discussion of how these value-related processes influence cognition and behavior outside the laboratory, in high-stakes, real-world conflicts. Two subsequent chapters discuss further building blocks of moral cognition. Lapsley and Narvaez discuss the development of moral characters in children, and Reyna and Casillas offer a memory-based account of moral reasoning, backed up by developmental evidence. Their theoretical framework is also very relevant to the phenomena discussed in the Sloman et al., Baron and Ritov, and Iliev et al. chapters. The final three chapters are centrally focused on the interplay of hot and cold cognition. They examine the relationship between recent empirical findings in moral psychology and accounts that rely on concepts and distinctions borrowed from normative ethics and decision theory. Connolly and Hardman focus on bridge-building between contemporary discussions in the judgment and decision making and moral judgment literatures, offering several useful methodological and theoretical critiques. Ditto, Pizarro, and Tannenbaum argue that some forms of moral judgment that appear objective and absolute on the surface are, at bottom, more about motivated reasoning in service of some desired conclusion. Finally, Bauman and Skitka argue that moral relevance is in the eye of the perceiver and emphasize an empirical approach to identifying whether people perceive a given judgment as moral or non-moral. They describe a number of behavioral implications of people's reported perception that a judgment or choice is a moral one, and in doing so, they suggest that the way in which researchers carve out the moral domain a priori might be dubious.
The Wiley Blackwell Handbook of Judgment and Decision Making
Author: Gideon KerenPublisher: John Wiley & Sons
ISBN: 1118912756
Category : Psychology
Languages : en
Pages : 1064
Book Description
A comprehensive, up-to-date examination of the most important theory, concepts, methodological approaches, and applications in the burgeoning field of judgment and decision making (JDM) Emphasizes the growth of JDM applications with chapters devoted to medical decision making, decision making and the law, consumer behavior, and more Addresses controversial topics from multiple perspectives – such as choice from description versus choice from experience – and contrasts between empirical methodologies employed in behavioral economics and psychology Brings together a multi-disciplinary group of contributors from across the social sciences, including psychology, economics, marketing, finance, public policy, sociology, and philosophy 2 Volumes