Author: Philip SoperPublisher: Cambridge University Press
ISBN: 9780521008723
Category : Law
Languages : en
Pages : 214
Book Description
Differs from standard approaches by focusing on the language of deference instead of obedience.
The Ethics of Deference
Author: Philip SoperPublisher: Cambridge University Press
ISBN: 9780521008723
Category : Law
Languages : en
Pages : 214
Book Description
Differs from standard approaches by focusing on the language of deference instead of obedience.
In Deference to the Other
Author: Jim KanarisPublisher: State University of New York Press
ISBN: 0791484319
Category : Religion
Languages : en
Pages : 203
Book Description
In Deference to the Other brings contemporary continental thought into conversation with that of Bernard Lonergan (1904–1984), the Jesuit philosopher and theologian. This is an opportune moment to open such a dialogue: philosophers and theologians indebted to Lonergan have increasingly found themselves challenged by the insights of thinkers typically dubbed "postmodern," while postmodernists, most notably Jacques Derrida, have begun to ask the "God question." While Lonergan was not a continental philosopher, neither was he an analytic philosopher. Concerned with both epistemology and cognition, his systematic and hermeneutic-like proposals resonate with the concerns of philosophers such as Derrida, Foucault, Levinas, and Kristeva. Contributors to this volume find insight and affiliation between Lonergan's thought and contemporary continental thought in a wide-ranging work that engages the philosophical problems of authenticity, self-appropriation, ethics, and the human subject.
Deference to the Administration in Judicial Review
Author: Guobin ZhuPublisher: Springer Nature
ISBN: 3030315398
Category : Law
Languages : en
Pages : 445
Book Description
This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.
A Moral Theory of Solidarity
Author: Avery KolersPublisher: Oxford University Press
ISBN: 0198769784
Category : Philosophy
Languages : en
Pages : 211
Book Description
This volume analyses important debates about political responsibility, conscience, loyalty, collective action, moral agency, and the individual in society. Through these debates the volume advances a novel theory of solidarity and provides a major original contribution to a field of growing interest.
Conscience and Conviction
Author: Kimberley BrownleePublisher: OUP Oxford
ISBN: 0191645923
Category : Law
Languages : en
Pages : 280
Book Description
The book shows that civil disobedience is generally more defensible than private conscientious objection. Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness (CPC). According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing. The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience. Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.
The Theory of Moral Sentiments
Author: Adam Smith (économiste)Publisher:
ISBN:
Category :
Languages : en
Pages : 636
Book Description
The Age of Deference
Author: David RudenstinePublisher: Oxford University Press
ISBN: 0199381488
Category : Law
Languages : en
Pages : 345
Book Description
"Rudenstine's [book] traces the [Supreme] Court's role in the rise of judicial deference to executive power since the end of World War II. He [posits that], in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary"--
Moral Knowledge
Author: Sarah McGrathPublisher: Oxford University Press
ISBN: 0192527967
Category : Philosophy
Languages : en
Pages : 229
Book Description
Compared to other kinds of knowledge, how fragile is our knowledge of morality? Does knowledge of the difference between right and wrong fundamentally differ from knowledge of other kinds, in that it cannot be forgotten? What makes reliable evidence in fundamental moral convictions? And what are the associated problems of using testimony as a source of moral knowledge? Sarah McGrath provides novel answers to these questions and many others, as she investigates the possibilities, sources, and characteristic vulnerabilities of moral knowledge. She also considers whether there is anything wrong with simply outsourcing moral questions to a moral expert and evaluates the strengths and weaknesses of the method of equilibrium as an account of how we make up our mind about moral questions. Ultimately, McGrath concludes that moral knowledge can be acquired in any of the ways in which we acquire ordinary empirical knowledge. Our efforts to acquire and preserve such knowledge, she argues, are subject to frustration in all of the same ways that our efforts to acquire and preserve ordinary empirical knowledge are.
The Importance of Being Rational
Author: Errol LordPublisher: Oxford University Press
ISBN: 0192546759
Category : Philosophy
Languages : en
Pages : 278
Book Description
The Importance of Being Rational systematically defends a novel reasons-based account of rationality. The book's central thesis is that what it is for one to be rational is to correctly respond to the normative reasons one possesses. Errol Lord defends novel views about what it is to possess reasons and what it is to correctly respond to reasons. He shows that these views not only help to support the book's main thesis, they also help to resolve several important problems that are independent of rationality. The account of possession provides novel contributions to debates about what determines what we ought to do, and the account of correctly responding to reasons provides novel contributions to debates about causal theories of reacting for reasons. After defending views about possession and correctly responding, Lord shows that the account of rationality can solve two difficult problems about rationality. The first is the New Evil Demon problem. The book argues that the account has the resources to show that internal duplicates necessarily have the same rational status. The second problem concerns the deontic significance of rationality. Recently it has been doubted whether we ought to be rational. The ultimate conclusion of the book is that the requirements of rationality are the requirements that we ultimately ought to comply with. If this is right, then rationality is of fundamental importance to our deliberative lives.
Disagreement, Deference, and Religious Commitment
Author: John PittardPublisher: Oxford University Press
ISBN: 0190051833
Category : Philosophy
Languages : en
Pages : 361
Book Description
The striking extent of religious disagreement suggests that religious conviction is very often the result of processes that do not reliably produce true beliefs. For this reason, many have argued that the only rational response to religious disagreement is to adopt a religious skepticism that eschews confident religious belief. Disagreement, Deference, and Religious Commitment contests this skeptical conclusion, explaining how it could be rational to maintain confident belief even in the face of the epistemic worries posed by disagreement. John Pittard argues against the commitment to rigorous epistemic impartiality that underlies the case for disagreement-motivated religious skepticism, while also critiquing approaches to disagreement that allow for the unproblematic privileging of one's first-person perspective. He emphasizes the importance of having rational insight into reasons that favor one's outlook; however, he challenges narrowly intellectualist accounts of insight, arguing that many of the rational insights crucial to assessing religious outlooks are not achievable through analytical reasoning, but only through relevant emotional experiences. In the second part of the book, Pittard considers the implications that accepting the impartiality requirement favored by "disagreement skeptics" has for religious commitment. He challenges the common assumption that a commitment to rigorous epistemic impartiality would rule out confident religious belief. He further argues, however, that such an impartiality commitment would likely make it irrational to pursue one's favored form of religious life and might prevent one from rationally engaging in any religious or irreligious way of life whatsoever. This troubling conclusion gives reason to hope that the arguments against impartiality are correct and that one can justify conviction despite widespread disagreement.