Personal Identity In Moral And Legal Reasoning
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Personal Identity In Moral And Legal Reasoning
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Author : Richard Prust
language : en
Publisher: Vernon Press
Release Date : 2019-10-31
Personal Identity In Moral And Legal Reasoning written by Richard Prust and has been published by Vernon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-31 with Philosophy categories.
Many questions about moral and legal judgments hinge on how we understand the identity of the agents. The intractability of many of these questions stems, this book argues, from ignoring how we actually connect actions with agents. When making everyday judgments about the morality or legality of actions, we do not use Aristotelian logic but what is termed “character logic”. The difference is crucial because implicit in character logic is an understanding of personal identity that is both coherent and intuitively familiar. A person, as we conceptualize him in moral and legal contexts, is a character of resolve. By unpacking what it means to be a character of resolve, this book reveals what underwrites our most fundamental beliefs about a person’s rights and responsibilities. It also provides a new and useful perspective on a variety of issues about rights and responsibilities that perennially occupy philosophers. This book discusses the following: • How we can make better sense of “human rights” if we think of them as “personal rights”. • How the right to be civilly disobedient, in contrast with ordinary law-breaking, can be justified as a personal right. • What basis we have for holding that someone’s responsibility is diminished. • How it makes sense to hold someone responsible for acting irresponsibly. • How it makes sense to distinguish a juvenile offender from someone who should be tried in criminal court. • What kind of correction we should expect from our correctional institutions and how we should design them to achieve that. By making explicit the axioms of character logic and exploring their origins and justification, the book provides a conceptually powerful tool for interpreting the protocols of a person-respecting society.
Demystifying Legal Reasoning
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Author : Larry Alexander
language : en
Publisher: Cambridge University Press
Release Date : 2008-06-16
Demystifying Legal Reasoning written by Larry Alexander 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 2008-06-16 with Philosophy categories.
Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practise special forms of reasoning is false.
In The Sphere Of The Personal New Perspectives In The Philosophy Of Persons
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Author : Simon Smith
language : en
Publisher: Vernon Press
Release Date : 2020-10-06
In The Sphere Of The Personal New Perspectives In The Philosophy Of Persons written by Simon Smith and has been published by Vernon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-06 with Philosophy categories.
The papers in this collection were originally presented at the 13th International Conference on Persons, held at the University of Boston in August 2015. This biennial event, founded by Thomas O. Buford and Charles Conti in 1989, attracts a host of international scholars, both the venerable and the aspiring. It is widely regarded as the premier event for those whose research concerns the philosophical tradition known as ‘personalism’. That tradition is, perhaps, best known today in its American and European manifestations, although there remains a small but fiercely defended stronghold in Britain. Personalism is not an exclusively Western development, however; its roots are also found in India, China, and Japan. What unites these disparate intellectual cultures may seem quite small. There is little, if any, methodological or doctrinal consensus among them. They are all, however, responses to the impersonal and depersonalising forces perceived to be at work in philosophy, theology, and, most recently, the natural and political sciences. Their common aim is to place persons at the heart of these discourses, to defend the idea that persons are the metaphysical, epistemological, and moral ‘bottom line’, the vital clue to knowledge of self, reality, and all conceivable values. The authors in this collection do not simply reflect upon this tradition, they put it to work on a range of philosophical and theological problems, both classical and contemporary; problems of free will, personal identity, and the nature of reality, as well as the very current concerns of environmental philosophers, bio- and neuro-ethicists. Their perspectives, too, are many and varied, so offer profound insights into key debates among other philosophical traditions, such as the Kantian, Hegelian, phenomenological, and process schools.
The Universal And The Particular In Legal Reasoning
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Author : Zenon Bankowski
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2006
The Universal And The Particular In Legal Reasoning written by Zenon Bankowski and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
It is twenty-five years since the publication of Neil MacCormick's book Legal Reasoning and Legal Theory, a book that has been in print continuously since its first publication. This book looks at how examining legal reasoning can bring up important theoretical and ethical issues, as MacCormick revisits the issues anew in his current work.
Personal Identity The Self And Ethics
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Author : F. Santos
language : en
Publisher: Springer
Release Date : 2007-08-16
Personal Identity The Self And Ethics written by F. Santos and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-08-16 with Philosophy categories.
Going beyond the controversy surrounding personhood in non-philosophical contexts, this book defends the need for a credible philosophical conception of the person. Engaging with John Locke, Derek Parfit and P.F. Strawson, the authors develop an original philosophical anthropology based on the work of Charles Hartshorne and A.N. Whitehead.
Personal And Moral Identity
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Author : A.W. Musschenga
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-14
Personal And Moral Identity written by A.W. Musschenga 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 2013-03-14 with Philosophy categories.
The subject of personal and moral identity is at the centre of interest, not only of academic research within disciplines such as philosophy and psychology, but also of everyday thinking. This is why the Neth erlands School for Research in Practical Philosophy and the Institute for Ethics of the Vrije Universiteit in Amsterdam took the initiative to bring together scholars from various disciplines, interested in the subject. The expert-seminar on 'Personal and Moral Identity' took place from 12-14 January 1999. Financial contributions from the Vrije Universiteit, the Dutch Scientific Organisation (NWO) and the Royal Dutch Academy for the Sciences (KNA W) made the event possible. The chapters in this book either go back to papers presented at the seminar or were written afterwards by participants, inspired by the discussions that took place during the seminar. We are very grateful to Dr. Hendrik Hutter for his assistance in editing the texts and making the manuscript camera-ready. December 2001, The Editors. 1 Introduction Albert W. Musschenga Although scholars studying the identity of persons usually address diverging issues and have different research agendas, there is a grow ing awareness that one may benefit from insights and results present in other disciplines dealing with that subject. This explains the enthu siastic responses to the invitation of the Netherlands School for Research in Practical Philosophy and the Institute for Ethics of the Vrije Universiteit to participate in a seminar on 'Personal and Moral Identity'.
Moral Theory And Legal Reasoning
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Author : Scott Brewer
language : en
Publisher: Taylor & Francis
Release Date : 1998
Moral Theory And Legal Reasoning written by Scott Brewer and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Judicial process categories.
The Normative Claim Of Law
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Author : Stefano Bertea
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-10-06
The Normative Claim Of Law written by Stefano Bertea and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-10-06 with Law categories.
This book focuses on a specific component of the normative dimension of law, namely, the normative claim of law. By 'normative claim' we mean the claim that inherent in the law is an ability to guide action by generating practical reasons having a special status. The thesis that law lays the normative claim has become a subject of controversy: it has its defenders, as well as many scholars of different orientations who have acknowledged the normative claim of law without making a point of defending it head-on. It has also come under attack from other contemporary legal theorists, and around the normative claim a lively debate has sprung up. This debate makes up the main subject of this book, which is in essence an attempt to account for the normative claim and see how its recognition moulds our understanding of the law itself. This involves (a) specifying the exact content, boundaries, quality, and essential traits of the normative claim, (b) explaining how the law can make a claim so specified, and (c) justifying why this should happen in the first place. The argument is set out in two stages, corresponding to the two parts in which the book is divided. In the first part, the author introduces and discusses the meaning, status, and fundamental traits of the normative claim of law; in the second he explores some foundational questions and determines the grounds of the normative claim of law by framing an account that elaborates on some contemporary discussions of Kant's conception of humanity as the source of the normativity of practical reason.
Laughing Matters
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Author : Giorgio Baruchello
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2023-11-06
Laughing Matters written by Giorgio Baruchello and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-06 with Philosophy categories.
The present book addresses the background, rationale, general structure, and particular aims and arguments characterizing our third and last volume about "humor" and "cruelty". A guiding foray is provided into the vast expert literature that can be retrieved in the Western humanities and social sciences on these two terms. Pivotal thinkers and crucial notions are duly identified, highlighted, and examined. Apposite subsidiary references are also included, especially with regard to psychodynamics and clinical psychology, existentialism, feminism, liberalism, Marxism, and representative recent studies in the philosophy of humor and its cognates. The stage is thus set for the exploration and assessment of the conflicts between humor and cruelty unfolding in Part 2 of Volume 3. Being the philosophical terminus of our entire research project, Volume 3 counterbalances, complements, and, occasionally, complexifies the numerous forms of mutual cooperation between humor and cruelty that the preceding Volume 2 had unearthed and discussed.
Persons Institutions And Trust
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Author : James McLachlan
language : en
Publisher: Vernon Press
Release Date : 2017-12-15
Persons Institutions And Trust written by James McLachlan and has been published by Vernon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-15 with Philosophy categories.
The papers presented in this volume honor Thomas O. Buford. Buford is Professor Emeritus in Philosophy at Furman University where he taught for more than forty years. Several of the papers in this volume are from former students. But Professor Buford is also a pre-eminent voice of fourth generation Personalism, and Boston Personalism in particular. Personalism is a school of philosophical and theological thought which holds that the ideas of “person” and “personality” are indispensable to an adequate understanding of all metaphysical and epistemological problems, as well as are keys to an adequate theory of ethical and political human interaction. Most personalists assert that personality is an irreducible fact found in all existence, as well as in all interpretation of the meaning of existence and the truth about experience. Anything that seems to exist impersonally, such as inanimate matter, nevertheless can exist and have meaning only as related to some personal being. The Boston Personalist tradition was inaugurated by Borden Parker Bowne and continued by Edgar S. Brightman, Peter Bertocci, John Lavely, Carol Robb, and Martin Luther King, Jr.