Rationality, Social Action and Moral Judgment


Book Description

The isolation of law as a discipline has ensured that the theoretical preoccupations of legal scholars have remained insulated from the social sciences. But the concept of law and its relationship to morality is of crucial significance to social theory, and this impressive book examines some of the major sociological and jurisprudential writers on rationality and its relationship to action. Analysing the interdependency of philosophy, sociology and law, it shows that the central methodological problems of the social sciences require an objective morality for their resolution - a theory of Natural Law. Indeed, this challenging investigation illustrates that such a theory is available, and that a social science built upon these ethical foundations must serve as the basis of any rational legal praxis.




Collective Rationality and Collective Reasoning


Book Description

"This book examines the issue of rational cooperation, especially cooperation between people with conflicting moral commitments. The first part considers how the two main aspects of cooperation - the choice by a group of a particular cooperative scheme and the decision by each member to contribute to that scheme - can be understood as guided by reason. The second part explores how the activity of reasoning itself can take a cooperative form. The book is distinctive in offering an account of what people can accomplish by reasoning together, of the role of deliberation in democratic decision making, and of the negotiation of the proper use of concepts. Presenting for the first time a detailed analysis of the general problem of cooperation and collective reasoning between people with different moral commitments, this book will be of particular interest to philosophers of the social sciences and to students in political science, sociology and economics." --Cambridge Press.




Morality and Action


Book Description

This collection contains Warren Quinn's most important contributions to moral philosophy and has been edited for publication by Philippa Foot.




Architectures of Justice


Book Description

Law can be seen to consist not only of rules and decisions, but also of a framework of institutions providing a structure that forms the conditions of its workable existence and acceptance. In this book Olsen and Toddington conduct a philosophical exploration and critique of these conditions: what they are and how they shape our understanding of what constitutes a legal system and the role of justice within it.




Ethical Rationalism and the Law


Book Description

What role does reason play in determining what, if anything, is morally right? What role does morality play in law? Perhaps the most controversial answer to these fundamental questions is that reason supports a supreme principle of both morality and legality. The contributors to this book cast a fresh critical eye over the coherence of modern approaches to ethical rationalism within law, and reflect on the intellectual history on which it builds. The contributors then take the debate beyond the traditional concerns of legal theory into areas such as the relationship between morality and international law, and the impact of ethically controversial medical innovations on legal understanding.




Understanding Social Action, Promoting Human Rights


Book Description

In Understanding Social Action, Promoting Human Rights, editors Ryan Goodman, Derek Jinks, and Andrew K. Woods bring together a stellar group of contributors from across the social sciences to apply a broad yet conceptually unified array of advanced social science research concepts to the study of human rights and human rights law. The book focus on three key methodological and substantive areas: actors, or social and political perspectives, including behavioral economics; communication, covering linguistics, media studies, and social entrepreneurship; and groups, via organizational theory, political economy, social movements, and complexity theory. Their goal is to provide a more comprehensive and more practical theory of social action, which necessarily requires a better understanding of individuals, organizations of individuals, and the ways in which both relate to other individuals and organizations.




Tradition, Rationality, and Virtue


Book Description

Tradition, Rationality, and Virtue provides the first comprehensive and detailed treatment of the work of Alasdair MacIntyre. In this book Thomas D'Andrea presents an accessible critical study of the full range of MacIntyre's thought across ethical theory, psychoanalytic theory, social and political philosophy, Marxist theory, and the philosophy of religion. Moving from the roots of MacIntyre's thought in ethical inquiry, this book examines MacIntyre's treatment of Marx, Christianity, and the nature of human action and discusses in depth the development and applications of MacIntyre's After Virtue project. The book culminates in an examination of major internal and external criticisms of MacIntyre's work and a consideration of its future directions.




The Legitimacy of The European Union through Legal Rationality


Book Description

Third country nationals (TCNs) play an important part in the economy of the European Union, reflected in the rights granted to them under European Union Law. Political expediency is however shaped by world, regional and domestic influences that in turn determine policy towards third country nationals and their legal rights to freedom of movement. This book examines the concept of political legitimacy within the European Union through the principles of legal rationality, focusing in particular on the European Union’s policy towards third country nationals. Richard Ball argues that for legal doctrine to be rational it must display the requirements of formal, instrumental and substantive rationality, each mutually exclusive and essential. In taking this position of legal rationality, the book focuses on free movement rights of TCNs within EU treaties and implementing legislation, the Area of Freedom Security and Justice, and Association Agreements. Ball concludes that the stance of European Union Law towards third country nationals lacks legitimacy, and suggests possible new directions that EU policy should take in the future.




Gewirthian Perspectives on Human Rights


Book Description

Gewirth’s theory of human rights has made a major contribution to philosophy. In this edited collection, contributors from a broad range of disciplines discuss the theoretical and practical application of Gewirthian theory to current world issues. Case studies highlight mental health, the LGBT community, intellectual disabilities, global economic inequality, and market instability to provide a truly interdisciplinary study. This important contribution to human rights scholarship provides a platform for further discussion of Gewirthian theory. It will be of interest to those researching moral, legal, and political philosophy, as well as policy makers, social workers, and medical staff.




Communicative Action and Rational Choice


Book Description

In this book Joseph Heath brings Jürgen Habermas's theory of communicative action into dialogue with the most sophisticated articulation of the instrumental conception of practical rationality-modern rational choice theory. Heath begins with an overview of Habermas's action theory and his critique of decision and game theory. He then offers an alternative to Habermas's use of speech act theory to explain social order and outlines a multidimensional theory of rational action that includes norm-governed action as a specific type. In the second part of the book Heath discusses the more philosophical dimension of Habermas's conception of practical rationality. He criticizes Habermas's attempt to introduce a universalization principle governing moral discourse, as well as his criteria for distinguishing between moral and ethical problems. Heath offers an alternative account of the level of convergence exhibited by moral argumentation, drawing on game-theoretic models to specify the burden of proof that the theory of communicative action and discourse must assume.