Morality, Authority, and Law, Darwall Stephen

Автор: May
Название: Morality, Jus Post Bellum , and International Law
ISBN: 1107697441 ISBN-13(EAN): 9781107697447
Издательство: Cambridge Academ
Рейтинг:
Цена: 27990 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This collection of essays brings together some of the leading legal, political and moral theorists to discuss normative issues that arise when war concludes and when a society strives to regain peace. The volume questions whether jus post bellum itself should be a distinct field of inquiry.

Автор: Zamir, Eyal.
Название: Law, economics, and morality /
ISBN: 0195372166 ISBN-13(EAN): 9780195372168
Издательство: Oxford Academ
Рейтинг:
Цена: 106120 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Law, Economics, and Morality examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models. Economic analysis of law is a powerful analytical methodology. However, as a purely
consequentialist approach, which determines the desirability of acts and rules solely by assessing the goodness of their outcomes, standard cost-benefit analysis (CBA) is normatively objectionable. Moderate deontology prioritizes such values as autonomy, basic liberties, truth-telling, and
promise-keeping over the promotion of good outcomes. It holds that there are constraints on promoting the good. Such constraints may be overridden only if enough good (or bad) is at stake. While moderate deontology conforms to prevailing moral intuitions and legal doctrines, it is arguably lacking
in methodological rigor and precision.

Eyal Zamir and Barak Medina argue that the normative flaws of economic analysis can be rectified without relinquishing its methodological advantages and that moral constraints can be formalized so as to make their analysis more rigorous. They discuss various substantive and methodological choices
involved in modeling deontological constraints. Zamir and Medina propose to determine the permissibility of any act or rule infringing a deontological constraint by means of mathematical threshold functions. Law, Economics, and Morality presents the general structure of threshold functions, analyzes
their elements and addresses possible objections to this proposal. It then illustrates the implementation of constrained CBA in several legal fields, including contract law, freedom of speech, antidiscrimination law, the fight against terrorism, and legal paternalism.

Автор: Gerhart
Название: Property Law and Social Morality
ISBN: 1107006457 ISBN-13(EAN): 9781107006454
Издательство: Cambridge Academ
Рейтинг:
Цена: 68640 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Property Law and Social Morality develops a theory of property that highlights the social construction of obligations that individuals owe each other. By viewing property law through the lens of obligations rather than through the lens of rights, the author affirms the existence of important property rights (when no obligation to another exists) and defines the scope of those rights (when an obligation to another does exist). By describing the scope of the decisions that individuals are permitted to make and the requirements of other-regarding decisions, the author develops a single theory to explain the dynamics of private and common property, including exclusion, nuisance, shared decision making, and decision making over time. The development of social recognition norms adds to our understanding of property evolution, and the principle of equal freedom underlying social recognition that limit government interference with property rights.

Автор: Moka-Mubelo
Название: Reconciling Law and Morality in Human Rights Discourse
ISBN: 3319494953 ISBN-13(EAN): 9783319494951
Издательство: Springer
Рейтинг:
Цена: 72490 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In this book I argue for an approach that conceives human rights as both moral and legal rights. The merit of such an approach is its capacity to understand human rights more in terms of the kind of world free and reasonable beings would like to live in rather than simply in terms of what each individual is legally entitled to. While I acknowledge that every human being has the moral entitlement to be granted living conditions that are conducive to a dignified life, I maintain, at the same time, that the moral and legal aspects of human rights are complementary and should be given equal weight. The legal aspect compensates for the limitations of moral human rights the observance of which depends on the conscience of the individual, and the moral aspect tempers the mechanical and inhumane application of the law. Unlike the traditional or orthodox approach, which conceives human rights as rights that individuals have by virtue of their humanity, and the political or practical approach, which understands human rights as legal rights that are meant to limit the sovereignty of the state, the moral-legal approach reconciles law and morality in human rights discourse and underlines the importance of a legal framework that compensates for the deficiencies in the implementation of moral human rights. It not only challenges the exclusively negative approach to fundamental liberties but also emphasizes the necessity of an enforcement mechanism that helps those who are not morally motivated to refrain from violating the rights of others. Without the legal mechanism of enforcement, the understanding of human rights would be reduced to simply framing moral claims against injustices. From the moral-legal approach, the protection of human rights is understood as a common and shared responsibility. Such a responsibility goes beyond the boundaries of nation-states and requires the establishment of a cosmopolitan human rights regime based on the conviction that all human beings are members of a community of fate and that they share common values which transcend the limits of their individual states. In a cosmopolitan human rights regime, people are protected as persons and not as citizens of a particular state.

Автор: Gerhart
Название: Property Law and Social Morality
ISBN: 1316621138 ISBN-13(EAN): 9781316621134
Издательство: Cambridge Academ
Рейтинг:
Цена: 27990 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book develops a theory of property that highlights the social construction of obligations that individuals owe each other. By viewing property law through the lens of obligations rather than through the lens of rights, the book affirms the existence of important property rights and defines the scope of those rights.

Автор: Kramer, Matthew H.
Название: Where Law and Morality Meet
ISBN: 0199546134 ISBN-13(EAN): 9780199546138
Издательство: Oxford Academ
Рейтинг:
Цена: 40630 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The question of how moral and legal reasoning interact has been a central focus in modern legal philosophy. Matthew Kramer here analyses the diverse ways in which moral principles enter legal systems, and presents a staunch defence of the `separability` thesis - that law is not inherently moral in its effects or motivational underpinnings.

Автор: Haque Adil Ahmad
Название: Law and Morality at War
ISBN: 0199687390 ISBN-13(EAN): 9780199687398
Издательство: Oxford Academ
Рейтинг:
Цена: 71350 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: What are the moral and legal issues of contemporary warfare? Drawing on cutting-edge debates in moral philosophy, this book proposes how the laws of war can be evaluated, criticized, and reformed, making a valuable and timely contribution to a pressing international debate.

Автор: Shiffrin Seana Valentine
Название: Speech Matters: On Lying, Morality, and the Law
ISBN: 0691173613 ISBN-13(EAN): 9780691173610
Издательство: Wiley
Рейтинг:
Цена: 22580 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:

To understand one another as individuals and to fulfill the moral duties that require such understanding, we must communicate with each other. We must also maintain protected channels that render reliable communication possible, a demand that, Seana Shiffrin argues, yields a prohibition against lying and requires protection for free speech. This book makes a distinctive philosophical argument for the wrong of the lie and provides an original account of its difference from the wrong of deception.

Drawing on legal as well as philosophical arguments, the book defends a series of notable claims--that you may not lie about everything to the "murderer at the door," that you have reasons to keep promises offered under duress, that lies are not protected by free speech, that police subvert their mission when they lie to suspects, and that scholars undermine their goals when they lie to research subjects.

Many philosophers start to craft moral exceptions to demands for sincerity and fidelity when they confront wrongdoers, the pressures of non-ideal circumstances, or the achievement of morally substantial ends. But Shiffrin consistently resists this sort of exceptionalism, arguing that maintaining a strong basis for trust and reliable communication through practices of sincerity, fidelity, and respecting free speech is an essential aspect of ensuring the conditions for moral progress, including our rehabilitation of and moral reconciliation with wrongdoers.

Автор: Murphy Jeffrie G.
Название: Punishment and the Moral Emotions: Essays in Law, Morality, and Religion
ISBN: 0199357455 ISBN-13(EAN): 9780199357451
Издательство: Oxford Academ
Рейтинг:
Цена: 41540 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The essays in this collection explore, from philosophical and religious perspectives, a variety of moral emotions and their relationship to punishment and condemnation or to decisions to lessen punishment or condemnation.