Author : Stephen Darwall
Publisher : Oxford University Press, USA
Page : 228 pages
File Size : 19,49 MB
Release : 2013-03-21
Category : Law
ISBN : 0199662584
Stephen Darwall presents a series of essays that explore the view that morality is second-personal, entailing mutual accountability and the authority to address demands. He illustrates the power of the second-personal framework to illuminate a wide variety of issues in moral, political, and legal philosophy.
Author : Joseph Raz
Publisher :
Page : 312 pages
File Size : 37,86 MB
Release : 1979
Category : Law
ISBN :
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 : Stephen Darwall
Publisher : Harvard University Press
Page : 363 pages
File Size : 38,78 MB
Release : 2009-09-30
Category : Philosophy
ISBN : 0674034627
Why should we avoid doing moral wrong? The inability of philosophy to answer this question in a compelling manner—along with the moral skepticism and ethical confusion that ensue—result, Stephen Darwall argues, from our failure to appreciate the essentially interpersonal character of moral obligation. After showing how attempts to vindicate morality have tended to change the subject—falling back on non-moral values or practical, first-person considerations—Darwall elaborates the interpersonal nature of moral obligations: their inherent link to our responsibilities to one another as members of the moral community. As Darwall defines it, the concept of moral obligation has an irreducibly second-person aspect; it presupposes our authority to make claims and demands on one another. And so too do many other central notions, including those of rights, the dignity of and respect for persons, and the very concept of person itself. The result is nothing less than a fundamental reorientation of moral theory that enables it at last to account for morality’s supreme authority—an account that Darwall carries from the realm of theory to the practical world of second-person attitudes, emotions, and actions.
Author : Adil Ahmad Haque
Publisher : Oxford University Press
Page : 305 pages
File Size : 22,23 MB
Release : 2017
Category : Law
ISBN : 0199687390
The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does "collateral damage" to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. Finally, it explores when, if ever, the emotional pressures under which soldiers act should partially or wholly excuse their wrongful actions.
Author : Lon Luvois Fuller
Publisher :
Page : 0 pages
File Size : 39,29 MB
Release : 2004
Category : Law and ethics
ISBN : 9788175341630
Author : T. May
Publisher : Springer Science & Business Media
Page : 179 pages
File Size : 30,69 MB
Release : 2013-03-14
Category : Law
ISBN : 9401590303
Questions about the relationship between autonomy and authority are raised in nearly every area of moral philosophy. Although the most ob vious of these is political philosophy (especially the philosophy of law), the issues surrounding this relationship are by no means confined to this area. Indeed, as we shall see as this work progresses, the issues raised are central to moral psychology, religion, professional ethics, medical ethics, and the nature of moral systems generally. Although the title of this work is Autonomy. Authority and Moral Responsibility. we shall be concerned with the more general question about the relationship between autonomy (or self-direction) and exter nal influences, which I take to be any guide to behavior whose presence, content or substance is dependent upon something beyond the control of the agent. Something is beyond the control of the agent if the agent cannot determine whether or not it is present, what its content consists of, or whether or not (or in what way) it influences her. These "external" influences may include (but are not necessarily limited to) religious con victions (which guide behavior according to a doctrine whose content is established independently of the agent); moral obligations (which re quire action in accordance with some moral theory); and desires for ob jects or states of affairs whose presence (or absence) is beyond the con trol of the agent. Of course, external influences may also include the requirements of authority or law.
Author : Joseph Raz
Publisher :
Page : pages
File Size : 22,88 MB
Release :
Category : Law
ISBN : 9787519758936
Author : Herbert Lionel Adolphus Hart
Publisher : Oxford University Press
Page : 312 pages
File Size : 30,19 MB
Release : 1979
Category : Jurisprudence
ISBN : 9780198246107
Author : Whitley R. P. Kaufman
Publisher : Springer Nature
Page : 167 pages
File Size : 28,93 MB
Release : 2023-10-28
Category : Law
ISBN : 303143868X
Legal Positivism has been the dominant school of legal philosophy for much of the last century, despite its many critics. Its central tenet has long been that there is no necessary connection between law and morality. This book provides a broad but clear and jargon-free account of the central objections to the theory and why those objections are sufficient to show that legal positivism is no longer tenable. This includes a broad critique of the purported distinction method of legal positivism, the idea of ‘conceptual analysis,’ as well as a detailed assessment of the most influential of all legal positivist theories, that of H.L.A. Hart. The book also provides a defense of the natural law school, which holds in contrast to legal positivism that the authority of law arises from its intrinsic connection to morality. The author demonstrates that most of the criticism of the natural law school arises from a caricatured account of that doctrine, for instance the idea that it requires substantive theological commitments or particular conceptions of human nature. In contrast, the author presents an account of natural law theory that is grounded in a commitment to moral truth, but not to any theological beliefs. The nature of law can only be understood in terms of its moral function, to provide a clear set of moral rules that are required for a society to function effectively.
Author : Joseph Raz
Publisher : Oxford University Press
Page : pages
File Size : 25,89 MB
Release : 1994-06-16
Category : Law
ISBN : 0191018759
This new collection of essays opens with a pivotal essay, not previously published, on the implications of the moral duties which arise out of concern for the well-being of others. The first part of the book concentrates on the consequences of two central aspects of well-being: the importance of membership in groups - the role of belonging - and the active character of well-being - that it largely consists in successful activities. Both aspects have far-reaching political implications, explored in essays on free expression, national self-determination, and multiculturalism, among others. Against the background of the moral and political views developed in the first part, the second part of the book explores various aspects of the dynamic inter-relations between law and morality, offering some building blocks towards a theory of law.
