The Inseparability Of Law And Morality PDF Download
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Author | : Ellis Washington |
Publisher | : |
Total Pages | : 494 |
Release | : 2002 |
Genre | : Law |
ISBN | : |
Download The Inseparability of Law and Morality Book in PDF, ePub and Kindle
Arguing that the political and legal philosophy he advocates is the same as the one applied by the constitutional framers, Washington (business law and contracts, Davenport U.) argues that the "tempting sophistry" of separating law from morality" is at the root of the numerous problems in American institutions. He present 12 essays, some of which have been previously published, in which he decries the impact of such philosophical approaches to the law as utilitarianism, relativism, egalitarianism, secularism, feminism, progressivism, and pragmatism on the U.S.'s legal framework. His criticism of the effects of these philosophies is coupled with application of his natural law philosophy to such areas as juvenile delinquency, racism, international law, and pornography. Annotation copyrighted by Book News, Inc., Portland, OR
Author | : David Gray Carlson |
Publisher | : |
Total Pages | : 57 |
Release | : 2008 |
Genre | : |
ISBN | : |
Download Hart avec Kant Book in PDF, ePub and Kindle
On the 50th anniversary of the Hart-Fuller debate, this essay examines Hart's defense of the thesis that law is not necessarily connected with morality. This paper argues that such a conclusion follows from Hart's presentation of the internal point of view as an empirically knowable claim of causation of the human will. The paper argues that the internal point of view contradicts the very idea of human freedom. If the internal point of view is analyzed as Immanuel Kant would analyze it - as a problematic claim that coheres with the possibility that human beings are free - Hart's internal point of view contradicts all of the other ideas for which Hart is known - the separation thesis (law is not the same as morality), the rule of recognition, and the distinction between core and penumbra meaning of legal rules. Although none of Hart's ideas is tenable from a Kantian perspective, nevertheless Hart's jurisprudence still serves two valuable purposes: it emphasizes that positive law and subjectivity are in tension and that legality (i.e., Hart's external point of view) is an aspiration of positivist jurisprudence. That is to say, the moral program of Hart's jurisprudence is to make the external point of view possible by means of the internal point of view. So conceived Hart's jurisprudence becomes a moral, not a descriptive, claim.
Author | : Leon Petrazycki |
Publisher | : Routledge |
Total Pages | : 396 |
Release | : 2017-07-05 |
Genre | : Law |
ISBN | : 1351509624 |
Download Law and Morality Book in PDF, ePub and Kindle
In analyzing the socio-psychic nature and operations of intuitive legal rules, Petrazycki formulates a theory of law around five conceptual themes: anti-formalism, imperative-attributive legal relationships, law's functional control, law's subjective reality and morality. Petrazycki presents the two ways by which law coordinates and regulates social conduct as through its distributive and organizing functions. Law and Morality has a basic objective: to analyze interrelations between positive and intuitive law. Petrazycki's socio-psychic orientation toward law is behavioral as well as thoughtful. He finds the most suitable methods for obtaining knowledge about legal experiences to be internal and external observation. His technique of introspection is similar to Max Weber's conceptual method. Petrazycki distinguishes between two kinds of interpretive understanding. External observation involves deriving the meaning of an act or symbolic expression from immediate observation without reference to any broader context, and internal observation involves placing the particular act in a broader context of meaning involving facts that cannot be derived from a particular act or expression. Petrazycki's socio-legal ideas remain relevant in today's society. His arguments concerning the global expansion of human love have an attraction for those working towards a better world. In the context of positive psychology and the growing happiness industry, Petrazycki's ideas will compel legal scholars to consider his arguments. Petrazycki's work stands out for the scientific ambitions and systematic nature of his thought as well as the influence of his work on later scholars in the sociology of law.
Author | : Norman L. Geisler |
Publisher | : Wipf and Stock Publishers |
Total Pages | : 272 |
Release | : 2003-02-12 |
Genre | : Religion |
ISBN | : 1725254336 |
Download Legislating Morality Book in PDF, ePub and Kindle
America's moral decline is not secret. An alarming number of moral and cultural problems have exploded in our country since 1960--a period when the standards of morality expressed in our laws and customs have been relaxed, abandoned, or judicially overruled. Conventional wisdom says laws cannot stem moral decline. Anyone who raises the prospect of legislation on the hot topics of our day - abortion, family issues, gay rights, euthanasia - encounters a host of objections: As long as I don't hurt anyone the government s should leave me alone." No one should force their morals on anyone else." You can't make people be good." Legislating morality violates the separation of church and state." 'Legislating Morality' answers those objections and advocates a moral base for America without sacrificing religious and cultural diversity. It debunks the myth that morality can't be legislated" and amply demonstrates how liberals, moderates, and conservatives alike exploit law to promote good and curtail evil. This book boldly challenges prevailing thinking about right and wrong and about our nation's moral future.
Author | : Joseph Raz |
Publisher | : |
Total Pages | : 312 |
Release | : 1979 |
Genre | : Law |
ISBN | : |
Download The Authority of Law Book in PDF, ePub and Kindle
This revised edition of one of the classic works of modern legal philosophy, first published in 1979, represents Raz's landmark contribution which has had an enduring influence on philosophical work on the nature of law and its relation to morality. The new edition includes two previously uncollected essays and a new introduction from the author.
Author | : David Dyzenhaus |
Publisher | : Cambridge University Press |
Total Pages | : 491 |
Release | : 2022-01-27 |
Genre | : History |
ISBN | : 1316518051 |
Download The Long Arc of Legality Book in PDF, ePub and Kindle
Explores how the central question of philosophy of law is the legal subject's: how can that be law for me?
Author | : Torben Spaak |
Publisher | : Cambridge University Press |
Total Pages | : 807 |
Release | : 2021-02-04 |
Genre | : Law |
ISBN | : 1108427677 |
Download The Cambridge Companion to Legal Positivism Book in PDF, ePub and Kindle
The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
Author | : KennethEinar Himma |
Publisher | : Routledge |
Total Pages | : 857 |
Release | : 2017-07-05 |
Genre | : Law |
ISBN | : 1351560794 |
Download Law and Morality Book in PDF, ePub and Kindle
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.
Author | : Roscoe Pound |
Publisher | : |
Total Pages | : 172 |
Release | : 1926 |
Genre | : Ethics |
ISBN | : |
Download Law and Morals Book in PDF, ePub and Kindle
Author | : David Lyons |
Publisher | : Cambridge University Press |
Total Pages | : 244 |
Release | : 1984 |
Genre | : Law |
ISBN | : 9780521277129 |
Download Ethics and the Rule of Law Book in PDF, ePub and Kindle
This clear and systematic introduction to the philosophy of law attempts to answer some important questions about the nature of law and its relationship to social norms and moral standards.