The Legislation of Morality PDF Download

Author: Troy Duster
Publisher:
ISBN: 9780029086803
Category : Philosophy
Languages : en
Pages : 274

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Author: Troy Duster
Publisher:
ISBN:
Category : Drug abuse
Languages : en
Pages : 296

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Author: Deryck Beyleveld
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 528

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Author: Larry Alexander
Publisher: Duke University Press
ISBN: 0822380021
Category : Law
Languages : en
Pages : 289

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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.

Author: Barbara Herman
Publisher: Harvard University Press
ISBN: 9780674697171
Category : Philosophy
Languages : en
Pages : 280

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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.

Author: Francis Antony Whitlock
Publisher: St. Lucia, Q. : University of Queensland Press
ISBN:
Category : Drug abuse
Languages : en
Pages : 176

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Author: Richard A. Wasserstrom
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 168

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Author: Norman L. Geisler
Publisher: Wipf and Stock Publishers
ISBN: 1592441521
Category : Religion
Languages : en
Pages : 273

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America's moral decline is not secret. An alarming number of moral and cultural problems have exploded in our country since 1960--a period when the standards of morality expressed in our laws and customs have been relaxed, abandoned, or judicially overruled. Conventional wisdom says laws cannot stem moral decline. Anyone who raises the prospect of legislation on the hot topics of our day - abortion, family issues, gay rights, euthanasia - encounters a host of objections: As long as I don't hurt anyone the government s should leave me alone.Ó No one should force their morals on anyone else.Ó You can't make people be good.Ó Legislating morality violates the separation of church and state.Ó 'Legislating Morality' answers those objections and advocates a moral base for America without sacrificing religious and cultural diversity. It debunks the myth that morality can't be legislatedÓ and amply demonstrates how liberals, moderates, and conservatives alike exploit law to promote good and curtail evil. This book boldly challenges prevailing thinking about right and wrong and about our nation's moral future.

Author: Michael J. Detmold
Publisher: Routledge
ISBN: 9780710200303
Category : Jurisprudence
Languages : en
Pages : 271

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Author: Yuval Feldman
Publisher:
ISBN: 1107137101
Category : Law
Languages : en
Pages : 257

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Plato has famously argued ...