The Problematics Of Moral And Legal Theory
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The Problematics Of Moral And Legal Theory
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Author : Richard A. Posner
language : en
Publisher: Harvard University Press
Release Date : 2009-06-01
The Problematics Of Moral And Legal Theory written by Richard A. Posner and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-01 with Law categories.
Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.
An Affair Of State
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Author : Richard A. Posner
language : en
Publisher: Harvard University Press
Release Date : 2009-07-01
An Affair Of State written by Richard A. Posner and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-01 with Political Science categories.
President Bill Clinton’s year of crisis, which began when his affair with Monica Lewinsky hit the front pages in January 1998, engendered a host of important questions of criminal and constitutional law, public and private morality, and political and cultural conflict. In a book written while the events of the year were unfolding, Richard Posner presents a balanced and scholarly understanding of the crisis that also has the freshness and immediacy of journalism. Posner clarifies the issues and eliminates misunderstandings concerning facts and the law that were relevant to the investigation by Independent Counsel Kenneth Starr and to the impeachment proceeding itself. He explains the legal definitions of obstruction of justice and perjury, which even many lawyers are unfamiliar with. He carefully assesses the conduct of Starr and his prosecutors, including their contacts with the lawyers for Paula Jones and their hardball tactics with Monica Lewinsky and her mother. He compares and contrasts the Clinton affair with Watergate, Iran–Contra, and the impeachment of Andrew Johnson, exploring the subtle relationship between public and private morality. And he examines the place of impeachment in the American constitutional scheme, the pros and cons of impeaching President Clinton, and the major procedural issues raised by both the impeachment in the House and the trial in the Senate. This book, reflecting the breadth of Posner’s experience and expertise, will be the essential foundation for anyone who wants to understand President Clinton’s impeachment ordeal.
Law And Disagreement
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Author : Jeremy Waldron
language : en
Publisher: OUP Oxford
Release Date : 1999-03-11
Law And Disagreement written by Jeremy Waldron and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-03-11 with Law categories.
When people disagree about justice and about individual rights, how should political decisions be made among them? How should they decide about issues like tax policy, welfare provision, criminal procedure, discrimination law, hate speech, pornography, political dissent and the limits of religious toleration? The most familiar answer is that these decisions should be made democratically, by majority voting among the people or their representatives. Often, however, this answer is qualified by adding ' providing that the majority decision does not violate individual rights.' In this book Jeremy Waldron has revisited and thoroughly revised thirteen of his most recent essays. He argues that the familiar answer is correct, but that the qualification about individual rights is incoherent. If rights are the very things we disagree about, then we are quarrelling precisely about what that qualification should amount to. At best, what it means is that disagreements about rights should be resolved by some other procedure, for example, by majority voting, not among the people or their representatives, but among judges in a court. This proposal - although initially attractive - seems much less agreeable when we consider that the judges too disagree about rights, and they disagree about them along exactly the same lines as the citizens. This book offers a comprehensive critique of the idea of the judicial review of legislation. The author argues that a belief in rights is not the same as a commitment to a Bill of Rights. He shows the flaws and difficulties in many common defences of the 'democratic' character of judicial review. And he argues for an alternative approach to the problem of disagreement: when disagreements about rights arise, the respectful way to resolve them is by decision-making among the right-holders on a basis that reflects an equal respect for them as the holders of views about rights. This respect for ordinary right-holders, he argues, has been sadly lacking in the theories of justice, rights, and constitutionalism put forward in recent years by philosophers such as John Rawls and Donald Dworkin. But the book is not only about judicial review. The first tranche of essays is devoted to a theory of legislation, a theory which highlights the size, the scale and the diversity of modern legislative assemblies. Although legislation is often denigrated as a source of law, Waldron seeks to restore its tattered dignity. He deprecates the tendency to disparage legislatures and argues that such disparagement is often a way of bolstering the legitimacy of the courts, as if we had to transform our parliaments into something like the American Congress to justify importing American-style judicial reviews. Law and Disagreement redresses the balances in modern jurisprudence. It presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle, for it is a form of law making that does not attempt to conceal the fact that our decisions are made and claim their authority in the midst of, not in spite of, our political and moral disagreements. This timely rights-based defence of majoritarian legislation will be welcomed by scholars of legal and political philosophy throughout 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.
Can An Old Dog Learn New Tricks
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Author : Frank S. Ravitch
language : en
Publisher:
Release Date : 2002
Can An Old Dog Learn New Tricks written by Frank S. Ravitch and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law and ethics categories.
Ethical Dimensions Of Legal Theory
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Author :
language : en
Publisher: BRILL
Release Date : 2021-11-15
Ethical Dimensions Of Legal Theory 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 2021-11-15 with Philosophy categories.
The Concept Of Dilemma In Legal And Judicial Ethics
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Author : Przemysław Kaczmarek
language : en
Publisher: Wydawnictwo C.H.Beck
Release Date : 2018-10-12
The Concept Of Dilemma In Legal And Judicial Ethics written by Przemysław Kaczmarek and has been published by Wydawnictwo C.H.Beck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-12 with Education categories.
Judges and lawyers have to shape their moral competences in order to maintain their professional ethics at a high standard if they want to effectively meet the challenges that modern society will throw at them. This requirement is due to the growing expectation that they will be socially and morally responsible for the law. Thus, the need to place ethics at the heart of legal education, and to make ethical reflection pervasive in academic courses, becomes more obvious every day. Using the concept and examples of moral dilemmas is a way of facilitating this task. The main purpose of this book is to analyse the concept of moral dilemma in context of judicial and legal ethics, and to provide material for legal education. The structure of this book is designed with this double aim in mind. The theoretical part presents the concept of dilemmas on grounds of metaethics and the perspectives for its application in a professional legal context. The former encompasses situations of conflict of duties or obligations, in which the choice of one conduct necessarily prevents a different conduct, and therefore leads to an unacceptable outcome. Hence, the situation of dilemma always involves an issue of moral responsibility and the problem of “dirty hands”. How such situations are present in legal practice and how to deal with them is the main concern of this part. The considerations are divided into three levels of reflection – deontological, axiological, and moral responsibility. The practical part of the book contains an overview of 150 dilemmas that can be useful in legal ethics or other legal courses. The dilemmas are divided into chapters covering the following branches of law: criminal law, civil and commercial law, family and custody law, labour and social security law, and constitutional law. Every dilemma presents a description of the facts, a reconstruction of dilemma, its standard solution and some critical remarks from a meta-ethical perspective. The dilemmas cover situations regularly met in everyday practice, as well as examples of more exceptional challenges in connection with constitutional crises that have occurred in Poland in recent years.
Elements Of Moral Cognition
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Author : John Mikhail
language : en
Publisher: Cambridge University Press
Release Date : 2011-06-13
Elements Of Moral Cognition written by John Mikhail 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 2011-06-13 with Language Arts & Disciplines categories.
John Mikhail explores whether moral psychology is usefully modelled on aspects of Universal Grammar.
Law And Economics
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Author : Aristides N. Hatzis
language : en
Publisher: Routledge
Release Date : 2015-02-11
Law And Economics written by Aristides N. Hatzis and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-11 with Business & Economics categories.
The Law and Economics approach to law dominates the intellectual discussion of nearly every doctrinal area of law in the United States and its influence is growing steadily throughout Europe, Asia, and South America. Numerous academics and practitioners are working in the field with a flow of uninterrupted scholarship that is unprecedented, as is its influence on the law. Academically every major law school in the United States has a Law and Economics program and the emergence of similar programs on other continents continues to accelerate. Despite its phenomenal growth, the area is also the target of an ongoing critique by lawyers, philosophers, psychologists, social scientists, even economists since the late 1970s. While the critique did not seem to impede the development of the field, it certainly has helped it to become more sophisticated, inclusive, and mature. In this volume some of the leading scholars working in the field, as well as a number of those critical of Law and Economics, discuss the foundational issues from various perspectives: philosophical, moral, epistemological, methodological, psychological, political, legal, and social. The philosophical and methodological assumptions of the economic analysis of law are criticized and defended, alternatives are proposed, old and new applications are discussed. The book is ideal for a main or supplementary textbook in courses and seminars on legal theory, philosophy of law, jurisprudence, and (of course) Law and Economics.
Law And Legal Theory
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Author : Thom Brooks
language : en
Publisher: BRILL
Release Date : 2013-11-07
Law And Legal Theory written by Thom Brooks and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-07 with Philosophy categories.
Law and Legal Theory brings together some of the most important essays in the area of the philosophy of law written by leading, international scholars and offering significant contributions to how we understand law and legal theory to help shape future debates.