Legal Moral And Metaphysical Truths
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Legal Moral And Metaphysical Truths
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Author : Kimberly Kessler Ferzan
language : en
Publisher: Oxford University Press
Release Date : 2016
Legal Moral And Metaphysical Truths written by Kimberly Kessler Ferzan and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
Reviewing the work of legal philosopher Michael S. Moore, this volume examines how crimes ought to be defined, what justifies punishment, what moral commitments underlie the law, how our understanding of concepts such as causation impact law and morality, and how psychiatry and cognitive neuroscience relate to law.
Legal Moral And Metaphysical Truths
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Author : Kimberly Kessler Ferzan
language : en
Publisher: Oxford University Press
Release Date : 2016-04-14
Legal Moral And Metaphysical Truths written by Kimberly Kessler Ferzan and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-14 with Law categories.
Perhaps more than any other scholar, Michael Moore has argued that there are deep and necessary connections between metaphysics, morality, and law. Moore has developed every contour of a theory of criminal law, from philosophy of action to a theory of causation. Indeed, not only is he the central figure in retributive punishment but his moral realist position places him at the center of many jurisprudential debates. Comprising of essays by leading scholars, this volume dicusses and challenges the work of Michael Moore from one or more of the areas where he has made a lasting contribution, namely, law, morality, metaphysics, psychiatry, and neuroscience. The volume begins with a riveting contribution by Heidi Hurd, wherein she takes an unadorned and unabashed look at the man behind this monumental body of work, full of both triumphs and sadness. A number of essays focus on Moore's view of the purpose and justification of the criminal law, specifically his endorsement of retributivism and legal moralism. The book then addresses Moore's work in the various aspects of the general part of the criminal law, including Moore's position on how to understand criminal acts for double jeopardy purposes, Moore's claim that accomplice liability is superfluous, Moore's views about the culpability of negligence, and the relationship between that view and proximate causation. Furthermore, the subject of defences in criminal law is addressed, including self-defence as well as the intersection of the psychiatry, cognitive neuroscience, and the criminal law. Also discussed are features of morality, and Moore's work in general jurisprudence. Finally, Moore concludes the volume with an essay that defends and delineates the features of his views.
Objectivity In Ethics And Law
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Author : Michael S. Moore
language : en
Publisher: Ashgate Publishing
Release Date : 2004
Objectivity In Ethics And Law written by Michael S. Moore and has been published by Ashgate Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Judgment categories.
This volume collects six of Michael Moore's influential studies on moral and legal objectivity. Presented in an accessible format, the essays are brought together by a thought-provoking introduction. Contents: Introduction ETHICS Moral reality Moral reality revisited Good without God LAW Law as justice The plain truth about legal truth Legal reality: a naturalist approach to legal ontology NAME INDEX.
Causation And Responsibility
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Author : Michael S. Moore
language : en
Publisher: Oxford University Press
Release Date : 2010-07-15
Causation And Responsibility written by Michael S. Moore and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-15 with Law categories.
The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the relationship between causation and responsibility remains unclear. What precisely is the connection between the concept of causation used in attributing responsibility and the accounts of causal relations offered in the philosophy of science and metaphysics? How much of what we call causal responsibility is in truth defined by non-causal factors? This book argues that much of thelegal doctrine on these questions is confused and incoherent, and offers the first comprehensive attempt since Hart and Honoré to clarify the philosophical background to the legal and moral debates.The book first sets out the place of causation in criminal and tort law and outlines the metaphysics presupposed by the legal doctrine. It then analyses the best theoretical accounts of causation in the philosophy of science and metaphysics, and using these accounts criticises many of the core legal concepts surrounding causation - such as intervening causation, forseeability of harm and complicity. It considers and rejects the radical proposals to eliminate the notion of causation from law byusing risk analysis to attribute responsibility. The result of the analysis is a powerful argument for revising our understanding of the role played by causation in the attribution of legal and moral responsibility.
Law Metaphysics Meaning And Objectivity
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Author :
language : en
Publisher: BRILL
Release Date : 2007-01-01
Law Metaphysics Meaning And Objectivity written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-01 with Law categories.
Papers in philosophy of law by some of the younger cutting-edge contributors to the field. Two sets of issues of crucial current importance are taken up. The first part deals with issues of meaning and objectivity in the metaphysics of law. The second part is about rights theory. This volume will be required reading for anyone interested in philosophy of law, and also of use for those with broader interests in ethics, metaethics, and social and political philosophy.
Meta Ethics Moral Objectivity And Law
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Author : Veronica Rodriguez-Blanco
language : en
Publisher: Brill Mentis
Release Date : 2004
Meta Ethics Moral Objectivity And Law written by Veronica Rodriguez-Blanco and has been published by Brill Mentis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Ethics categories.
The book shows the relevance of meta-ethical and metaphysical considerations to determine the nature of law and the connection between objective moral and legal judgements. The investigation analyses the legal theories of Ronald Dworkin, Jürgen Habermas and Michael Moore. The conclusion of the scrutiny is that the discussed views fail to explain the plausible links between objective moral and legal judgements. The lesson to learn from the failure of these philosophical perspectives is that we need to revise fundamental meta-ethical conceptions within law. In addition to the view that meta-ethical and metaphysical considerations play a central role in our understanding of objective moral and legal judgements, we enforce the idea that it is necessary to revise our meta-ethical and metaphysical premises in jurisprudence. Epistemic and meta-ethical abstinence in legal theory, in this way, is challenged by a number of criticisms. The outcome of our reflection is that in legal theory, as in many other disciplines, we need to take truth and objectivity seriously.
Critical Essays On Causation And Responsibility
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Author : Benedikt Kahmen
language : en
Publisher: Walter de Gruyter
Release Date : 2013-10-14
Critical Essays On Causation And Responsibility written by Benedikt Kahmen and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-14 with Philosophy categories.
Due to its scope and depth, Moore’s Causation and Responsibility is probably the most important publication in the philosophy of law since the publication of Hart’s and Honoré’s Causation in the Law in 1959. This volume offers, for the first time, a detailed exchange between legal and philosophical scholars over Moore’s most recent work. In particular, it pioneers the dialogue between English-speaking and German philosophy of law on a broad range of pressing foundational questions concerning causation in the law. It thereby fulfills the need for a comprehensive, international and critical discussion of Moore’s influential arguments. The 15 contributors to the proposed volume span the whole interdisciplinary field from law and morals to metaphysics, and the authors include distinguished criminal and tort lawyers, as well as prominent theoretical and practical philosophers from four nations. In addition, young researchers take brand-new approaches in the field. The collection is essential reading for anyone interested in legal and moral theory.
The Natural Law Reader
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Author : Jacqueline A. Laing
language : en
Publisher: John Wiley & Sons
Release Date : 2013-09-23
The Natural Law Reader written by Jacqueline A. Laing and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-23 with Law categories.
The Natural Law Reader features a selection of readings in metaphysics, jurisprudence, politics, and ethics that are all related to the classical Natural Law tradition in the modern world. Features a concise presentation of the natural law position that offers the reader a focal point for discussion of ancient and contemporary ideas in the natural law tradition Draws upon the metaphysical and ethical categories put forth and developed by Aristotle and Aquinas Points to the historical significance and contemporary relevance of the Natural Law tradition Reflects on a revival of interest in the tradition of virtue ethics and human rights
Law And Morals
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Author : Roscoe Pound
language : en
Publisher:
Release Date : 1926
Law And Morals written by Roscoe Pound and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1926 with Ethics categories.
Theorizing Legal Punishment
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Author : Richard L. Lippke
language : en
Publisher: Taylor & Francis
Release Date : 2024-02-06
Theorizing Legal Punishment written by Richard L. Lippke and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-06 with Law categories.
This book systematically defends an account of the institution of legal punishment that draws on both retributive and crime-prevention thinking. The work argues that legal punishment censures convicted offenders and thus morally communicates with them, any victims, and the broader community, while also serving to reduce future crime. The expressive or retributive element is assigned the lead role in this mixed account because it better captures the notion that members of society are to be held morally accountable for their failures to abide by defensible criminal prohibitions of various kinds. Despite this, it is conceded that the reduction of crime plays a vital role in justifying the institution of legal punishment and the book contains extended discussion of how and why this is so. Beyond its explication of the aims of legal punishment and their respective roles within a mixed theory, the study devotes separate chapters to sentencing, criminal procedure, and the imposition of fees and collateral legal consequences on individuals who have been convicted of crimes and fully served their sentences. In these ways, the work moves beyond discussion of the abstract aims of legal punishment to details of the institution’s internal structure and operations. The many historical deficiencies and failures of the institution are duly noted and the challenges they pose for punishment theorizing are examined. The book closes with discussion of the limited success of punishment institutions in apprehending, convicting, and punishing those who violate the law, including many who do so in serious ways. Alternatives to reliance on legal punishment institutions are briefly examined. In the end, retention of such institutions is urged although it is suggested that we ought to have modest expectations about their ultimate success. The work will be of interest to those working in the areas of Legal Philosophy and Criminology.