Morality And The Nature Of Law
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Morality And The Nature Of Law
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Author : Kenneth Einar Himma
language : en
Publisher: Oxford University Press
Release Date : 2019-03-07
Morality And The Nature Of Law written by Kenneth Einar Himma 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 2019-03-07 with Law categories.
Morality and the Nature of Law explores the conceptual relationship between morality and the criteria that determine what counts as law in a given societythe criteria of legal validity. Is it necessary condition for a legal system to include moral criteria of legal validity? Is it even possible for a legal system to have moral criteria of legal validity? The book considers the views of natural law theorists ranging from Blackstone to Dworkin and rejects them, arguing that it is not conceptually necessary that the criteria of legal validity include moral norms. Further, it rejects the exclusive positivist view, arguing instead that it is conceptually possible for the criteria of validity to include moral norms. In the process of considering such questions, this book considers Raz's views concerning the nature of authority and Shapiro's views about the guidance function of law, which have been thought to repudiate the conceptual possibility of moral criteria of legal validity. The book, then, articulates a thought experiment that shows that it is possible for a legal system to have such criteria and concludes with a chapter that argues that any legal system, like that of the United States, which affords final authority over the content of the law to judges who are fallible with respect to the requirements of morality is a legal system with purely source-based criteria of validity.
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.
Law And Morality
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Author : KennethEinar Himma
language : en
Publisher: Routledge
Release Date : 2017-07-05
Law And Morality written by KennethEinar Himma and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with History categories.
This volume collects many of the key essays exploring the possible relationships between the concepts of law and morality, a central concern of contemporary philosophizing about law. It is organized around five conceptual issues: classical natural law theory; legal positivism's separability thesis; Ronald Dworkin's constructive interpretivism; inclusive legal positivism's assertion that there can be legal systems with moral criteria of legality; and the relevance of morality and moral theorizing in theorizing about the concept of law and associated legal concepts. Each of the essays makes an important contribution toward addressing these issues.
The Rule Of Rules
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Author : Larry Alexander
language : en
Publisher: Duke University Press
Release Date : 2001-08-06
The Rule Of Rules written by Larry Alexander and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-08-06 with Law categories.
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.
Moral Philosophy Ethics Deontology And Natural Law
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Author : Joseph Rickaby
language : en
Publisher: DigiCat
Release Date : 2022-09-05
Moral Philosophy Ethics Deontology And Natural Law written by Joseph Rickaby and has been published by DigiCat this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-05 with Fiction categories.
DigiCat Publishing presents to you this special edition of "Moral Philosophy: Ethics, Deontology and Natural Law" by Joseph Rickaby. DigiCat Publishing considers every written word to be a legacy of humankind. Every DigiCat book has been carefully reproduced for republishing in a new modern format. The books are available in print, as well as ebooks. DigiCat hopes you will treat this work with the acknowledgment and passion it deserves as a classic of world literature.
On Law Morality And Politics Second Edition
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Author : Thomas Aquinas
language : en
Publisher: Hackett Publishing
Release Date : 2003-11-04
On Law Morality And Politics Second Edition written by Thomas Aquinas and has been published by Hackett Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-11-04 with Philosophy categories.
The second edition of Aquinas, On Law, Morality, and Politicsretains the selection of texts presented in the first edition but offers them in new translations by Richard J. Regan--including that of his Aquinas, Treatise on Law (Hackett, 2000). A revised Introduction and glossary, an updated select bibliography, and the inclusion of summarizing headnotes for each of the units--Conscience, Law, Justice, Property, War and Killing, Obedience and Rebellion, and Practical Wisdom and Statecraft—further enhance its usefulness.
The Morality Of Law
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Author : Lon Luvois Fuller
language : en
Publisher: Yale University Press
Release Date : 1969
The Morality Of Law written by Lon Luvois Fuller and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1969 with Law categories.
Inquiries Into The Nature Of Law And Morals
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Author : Axel Hägerström
language : en
Publisher:
Release Date : 1953
Inquiries Into The Nature Of Law And Morals written by Axel Hägerström and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1953 with Jurisprudence categories.
Law A Very Short Introduction
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Author : Raymond Wacks
language : en
Publisher: OUP Oxford
Release Date : 2008-03-27
Law A Very Short Introduction written by Raymond Wacks and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-27 with Law categories.
Law touches every aspect of our daily lives, and yet the main concepts, terms, and processes of the legal system remain obscure to many. This Very Short Introduction provides a clear, jargon-free account of modern legal systems, explaining how the law works both in the Western tradition and around the world.
Moral Aspects Of Legal Theory
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Author : David Lyons
language : en
Publisher: Cambridge University Press
Release Date : 1993-01-29
Moral Aspects Of Legal Theory written by David Lyons 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 1993-01-29 with Law categories.
In this volume, Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice.