Moral Pluralism And Legal Neutrality
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Moral Pluralism And Legal Neutrality
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Author : Wojciech Sadurski
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-12-14
Moral Pluralism And Legal Neutrality written by Wojciech Sadurski and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-14 with Law categories.
lt is a commonplace that law and morality intersect and interpenetrate in all the areas of legal decision-making; that in order to make sense of constitutional, statutory or common-law questions, judges and other legal decision-makers must first resolve certain philosophical issues which include moral judgments of right and wrang_ This is particularly evident with regard to constitutional interpretation, especially when constitutions give a mandate for the protection of the substantive norms and values entrenched as constitutional rights. In these Situations, as a leading contemporary legal philosopher observed, the "Constitution fuses legal and moral issues, by making the validity of a law depend on an answer to complex moral 1 problems". But the need for substantive value elucidation is not confined, of course, only to constitutional interpretation under Bills of Rights. This, however, immediately raises a dilemma stemming from the moral diversity and pluralism of modern liberal societies. How can law remain sensitive to this pluralism and yet provide clear answers to the problems which call for a legal resolution? Sharply conflicting values in modern societies clash in the debates over the death penalty, abortion, homosexuality, separation of state and religion, the scope of the freedom of the press, or affirmative action. lt would often be difficult to discern a broader consensus within which these clashes of values operate, unless this consensus were described in such vague terms as to render it practically meaningless.
Pluralism And Liberal Neutrality
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Author : Richard Bellamy
language : en
Publisher: Routledge
Release Date : 2020-04-27
Pluralism And Liberal Neutrality written by Richard Bellamy and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-27 with Philosophy categories.
The crisis of liberalism is in its claim to endorse neutral procedures that allow individuals and groups to pursue their own good, when the very possibility of such neutrality is affected by the growth of plural societies, and resulting divisions of loyalty. This collection explores this crisis.
Judicial Review In An Age Of Moral Pluralism
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Author : Ronald C. Den Otter
language : en
Publisher: Cambridge University Press
Release Date : 2009-08-31
Judicial Review In An Age Of Moral Pluralism written by Ronald C. Den Otter and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-31 with Law categories.
This book considers how judicial review can be improved to strike the appropriate balance between legislative and judicial power.
Morality Politics And Law
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Author : Michael J. Perry
language : en
Publisher: Oxford University Press
Release Date : 1990-05-10
Morality Politics And Law written by Michael J. Perry 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 1990-05-10 with Political Science categories.
Addressing the proper relation of moral and religious belief to politics and law, especially constitutional law, Perry here discusses whether a common moral foundation exists that is capable of providing, in a diverse social system like ours, consistent guidelines for handling divisive political, policy, religious and constitutional disputes. His study represents a distinctive position in the vast and growing literature on the moral foundations of liberal political and legal life.
The Morality Of Freedom
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Author : Joseph Raz
language : en
Publisher: Clarendon Press
Release Date : 1986-06-12
The Morality Of Freedom written by Joseph Raz and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986-06-12 with Philosophy categories.
Ranging over central issues of morals and politics, this book discusses the nature of freedom and authority. It examines the role of value-neutrality, rights, equality, and the prevention of harm in the liberal tradition, and relates them to fundamental moral questions such as the relation of values to social forms, the comparability of values, and the significance of personal commitments.
Pluralism And Law State Nation Community Civil Society
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Author : International Association for Philosophy of Law and Social Philosophy. World Congress
language : en
Publisher: Franz Steiner Verlag
Release Date : 2003
Pluralism And Law State Nation Community Civil Society written by International Association for Philosophy of Law and Social Philosophy. World Congress and has been published by Franz Steiner Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
Contents Luigi Ferrajoli: Past and Future of the State under Law u Mauro Zamboni: oRechtsstaato: What is it that Swedish development assistance, organisatons oexporto? u Hans Gribnau: Legal Principles and Legislative Instrumentalism u Maria Jose Falcon y Tella: Justified Illegality: The Question of Civil Disobedience u Hideo Sasakura: How should we discuss the Right of Resistance today? u K. Papageorgiou: Nations, persons, rights and responsibilities u M.N.S. Sellers: The Right to Secede u Stephan Kirste: Constitution and Time u Nicholas Aroney: Towards a General Theory of the Formation and Amendment of Federal Constitutions: A Comparative Study u Adriaan Anderson: Prosecuting Crime in a Constitutional State: The Recent South African Experience u Luis Villar-Borda: The Role of the Constitutional Court in the Advance of Law in a Developing Country u Marcela Forero: Colombia: a Multisovereignty State u Samuli Hurri: What of Tomorrow's Citizenship? Universal and Politics in Hannah Arendt and Jurgen Habermas u Marcelo Campos Galuppo: Constitutional Hermeneutics and Pluralism u Francoise Michaut: Pluralism in Law in Robert Cover's Writings u E. A. Huppes-Cluysenaer: Informal Rules do not Exist u Niels F. van Manen: The legal recognition of distinct communities u Peter Koller: Law and Virtue u Carl Lebeck: Coercion, co-ordination and normativity - towards a refined distinction between positive and negative rights u Sheldon Wein: Moral Pluralism and the Rule of Law.
The Dynamics Of Law And Morality
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Author : Wibren van der Burg
language : en
Publisher: Ashgate Publishing
Release Date : 2014
The Dynamics Of Law And Morality written by Wibren van der Burg and has been published by Ashgate Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
This book investigates the dynamic intertwinement of law and morality, with a focus on new and developing fields of law. Taking as its starting point the debates and mutual misunderstandings between proponents of different philosophical traditions, it argues that this theoretical pluralism is better explained once law is accepted as an essentially ambiguous concept. Continuing on, the book develops a robust theory of law that increases our grasp on global legal pluralism and the dynamics of law. This theory of legal interactionism, inspired by the work of Lon Fuller and Philip Selznick, also helps us to understand apparent anomalies of modern law, such as international law, the law of the European Convention on Human Rights and horizontal interactive legislation. In an ecumenical approach, legal interactionism does justice to the valuable core of truth in natural law and legal positivism. Shedding new light on familiar debates between authors such as Fuller, Hart and Dworkin, this book is of value to academics and students interested in legal theory, jurisprudence, legal sociology and moral philosophy.
A Political Theory Of Rights
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Author : Attracta Ingram
language : en
Publisher: Clarendon Press
Release Date : 1994-11-17
A Political Theory Of Rights written by Attracta Ingram and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-11-17 with Political Science categories.
Rights are basic building blocks of the contemporary state and yet their rigorous justification is notoriously difficult. This book provides a thorough analysis of this central topic in modern political discourse. The book challenges the orthodox view that rights are a type of property claim in one's body. Drawing on the tradition of the social contract as well as the wealth of recent work in political theory the book argues for a different conception of rights. Rights are conceived as a certain type of political claim, justified by a Kantian ideal of autonomy. Moreover, that justification provides a moral basis for rights that, while independent of law and custom, is also tied to an image of citizenship particularly suited to the pluralistic nature of contemporary liberal society.
Against Perfectionism
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Author : Steven Lecce
language : en
Publisher: University of Toronto Press
Release Date : 2008-01-19
Against Perfectionism written by Steven Lecce and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-19 with Political Science categories.
In a democracy, political authority should be determined independently of religious, philosophical, and ethical ideals that often divide us. This idea, called liberal neutrality, challenges one of the oldest insights of the Western philosophical tradition in politics. At least since Plato, the concept of perfectionism has insisted that statecraft is akin to "soulcraft," and political questions about the justification of state power have followed from ethical questions about what is valuable in life and about how we should live if we are to live well. Against Perfectionism defends neutralist liberalism as the most appropriate political morality for democratic societies. Steven Lecce investigates the theoretical foundations of liberalism, bringing together classic and contemporary arguments about the implications of pluralism for liberal equality. He surveys three classic debates over the grounds and limits of tolerance, and investigates the limits of perfectionism as a guide to law and public policy in pluralist societies. Lecce ultimately suggests a version of neutrality that answers the critiques recently leveled against it as a political ideal. Presenting sophisticated and groundbreaking arguments, Against Perfectionism is a call to rethink current concepts of law and public policy in democratic societies.
Giving Desert Its Due
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Author : Wojciech Sadurski
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-09
Giving Desert Its Due written by Wojciech Sadurski and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-09 with Philosophy categories.
During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field.