Emotions, Values, and the Law


Book Description

Emotions, Values, and the Law brings together ten of John Deigh's essays written over the past fifteen years. In the first five essays, Deigh ask questions about the nature of emotions and the relation of evaluative judgment to the intentionality of emotions, and critically examines the cognitivist theories of emotion that have dominated philosophy and psychology over the past thirty years. A central criticism of these theories is that they do not satisfactorily account for the emotions of babies or animals other than human beings. Drawing on this criticism, Deigh develops an alternative theory of the intentionality of emotions on which the education of emotions explains how human emotions, which innately contain no evaluative thought, come to have evaluative judgments as their principal cognitive component. The second group of five essays challenge the idea of the voluntary as essential to understanding moral responsibility, moral commitment, political obligation, and other moral and political phenomena that have traditionally been thought to depend on people's will. Each of these studies focuses on a different aspect of our common moral and political life and shows, contrary to conventional opinion, that it does not depend on voluntary action or the exercise of a will constituted solely by rational thought. Together, the essays in this collection represent an effort to shift our understanding of the phenomena traditionally studied in moral and political philosophy from that of their being products of reason and will, operating independently of feeling and sentiment to that of their being manifestations of the work of emotion. "Deigh's writing is clear and precise, his arguments are strong, and he uses a wide range of real world examples that give his essays a vibrant and very readable character." - Notre Dame Philosophical Reviews "I believe that Deigh is as clear-headed and insightful a philosopher as is currently at work today in the areas of moral, political, and legal philosophy and moral psychology, and I believe these essays beautifully demonstrate his many virtues." - Herbert Morris, University of California, Low Angeles Law School "[John Deigh] has acquired a very good knowledge of a field which he has very much made his own. No one writes better or thinks more productively on that area of thought where the theory of the emotions, psychoanalysis, value theory, and the theory of law intersect. And if we closely connect the name Deigh with this particular concatenation of topics, I believe that very soon there will be a number of voices clamoring to be heard in this area." - Richard Wollheim, University of California, Berkeley




Law Without Values


Book Description

Albert Alschuler's study of Holmes is very different from other books about him, in that it is an exercise in debunking him.




Positive Law and Objective Values


Book Description

This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is. On the basis of a theory of socialconventions and an analysis of law's authoritative nature, the book sets out the scope of law in relation to moral and other critical values. The book also maintains, however, that moral values are objective. It comprises a detailed analysis of the concept of objectivity, arguing that many aspectsof the law, and of moral values, are metaphysically objective.




The Law of Values


Book Description

This is one of the oddest books of financial advice ever written, one that ascribes astrological import to the movement of dollars and assigns signs of the zodiac to countries (England is, apparently an Aries, and France a Leo). Here we learn that Saturn brings "national depression due to political reversals" and Mercury "a sense of instability," that the Boer War may have been triggered by Neptune (the planet, not the deity), and that by learning how to read the stars the earthbound investor may prosper. It remains unclear whether Sepharial, who published this curious work in 1912, saw dark celestial clouds brewing for October 1929. "Sepharial" was the pseudonym of British mystic WALTER GORN-OLD (1864-1929), one of the most prolific writers on and teachers of astrology in modern times, and the first president of the British Astrological Society. Among his more than 60 books are Astrology Explained, Cosmic Symbolism, Science of Foreknowledge, and The Silver Key.




The Quest for Core Values in the Application of Legal Norms


Book Description

Relations between societal values and legal doctrine are inevitably complex given the time lag between law and social reality, and the sociological space between legal communities involved in the development and application of the law and non-legal communities affected by it. It falls on open-ended concepts, such as proportionality, human rights, dignity, freedom, and truth, and on legal frameworks for balancing competing rights and interests, such as self-defense, command or corporate responsibility, and restrictions on freedom of expression, to negotiate chronic tensions between law and society and to bridge existing gaps. The present volume contains chapters by leading experts – former judges on constitutional courts and international courts, and some of the world’s leading criminal law, public law, and international law scholars – offering their points of view and professional analysis of legal notions and doctrines that serve as hubs for the interpretation, application, and contestation of core values, which in turn constitute building blocks of the rule of law. The shared perspective on the interplay between values and legal rules in public law, criminal law, and international law is likely to render the publication a valuable resource for both theoreticians and practitioners, law students, and seasoned legal experts working in diverse legal fields.




The United Nations, the Evolution of Global Values and International Law


Book Description

In this book, author Otto Spijkers describes how moral values determined the founding of the United Nations Organization in 1945, and the evolution of its purposes, principles, and policies since then. A detailed examination of the proceedings of the UN Conference on International Organization in San Francisco demonstrates that the drafting of the UN Charter was significantly influenced by global moral values, i.e. globally-shared beliefs distinguishing right from wrong, good from bad, and the current from a preferable state-of-the-world. A common desire - to eradicate war, poverty, inhuman treatment, and to halt the exploitation of peoples - has led to an affirmation of the values of peace and security, social progress and development, human dignity, and the self-determination of all peoples. All these values ended up in the UN Charter. The book further analyzes how the UN, and especially its General Assembly, has continued to influence the maturing of global morality through contributions to the values debate, and to the translation of these values into the language of international law, including the law on the use of force, sustainable development, human rights, and the right to self-determination. (Series: School of Human Rights Research - Vol. 47)




Professionalism and Values in Law Practice


Book Description

"This book presents practical advice to law students and those entering and in the legal profession to reconcile who they are as a person with the demands and opportunities of a legal career. The book sets out a clear framework and practice examples for: (i) defining "success"; (ii) understanding the role of a professional in relation to clients, colleagues, adversaries and community; (iii) reconciling demands of practice within ethical rules and norms, business considerations and personal values; and (iv) building a values centred, economically viable practice and reputation . Complete with practical advice and experiences that produce and reinforce a holistic approach, this book provides invaluable support for second and third year law students and lawyers in practice to establish elusive work-life balance over the course of a legal career"--




Ethics for Bureaucrats


Book Description

This important text integrates the study of ethics into public management training, highlighting Supreme Court opinions on three specific constitutional values-equality, freedom, and property-focusing on the pedagogical aspects of law and posing challenging questions to help readers apply theories to concrete situations. It includes a case index for further research. Topics of specific interest include abortion, affirmative action, bureaucratic bashing, civil disobedience, the Ethics in Government Act of 1978, the Iran-Contra scandal, moral absolutism, privileged communications, religious fundamentalism, and whistle blowing. The Midwest Review of Pubic Administration lauds it as "...a unique teaching tool."




Value(s)


Book Description

A bold, urgent argument on the misplacement of value in financial markets and how we can and need to maximize value for the many, not few. As an economist and former banker, Mark Carney has spent his life in various financial roles, in both the public and private sector. VALUE(S) is a meditation on his experiences that examines the short-comings and challenges of the market in the past decade which he argues has led to rampant, public distrust and the need for radical change. Focusing on four major crises-the Global Financial Crisis, the Global Health Crisis, Climate Change and the 4th Industrial Revolution-- Carney proposes responses to each. His solutions are tangible action plans for leaders, companies and countries to transform the value of the market back into the value of humanity.




Values for a New Millennium


Book Description

Robert L. Humphrey was an Iwo Jima veteran, Harvard graduate, and cross cultural conflict resolution specialist during the Cold War. He proposed the "Dual Life Value Theory" of Human Nature. From the experiences of childhood in the Great Depression, trips as a teenager in the Panamanian Merchant Marines, national-class boxing, the awe-inspiring sights of selfless sacrifice on Iwo Jima, and finally, fifteen years in overseas ideological warfare, Humphrey observed that universal values exist and, ultimately control human behavior. Humphrey is a graduate of Wisconsin University, Harvard Law School, and the Fletcher School of Diplomacy. At the beginning of the Cold War, he left a teaching position at MIT to help lead the struggle against Communism. Finding that U.S. education was contributing to, rather than reducing, American overseas problems, he developed a new leadership approach that overcame Ugly American syndrome among hundreds of thousands in crucial Third World areas. More recently, his methodology won commendations for educating the alleged uneducable: Mexican-American street-gang youths in southern California, and Canadian Native teenage dropouts. Until Communism's fall, Humphrey kept his new methods confidential. Those methods are significant: (1) From his experiences with young infantrymen in heavy combat, and with the peasants in many villages of the world, he perceived humankind's basic goodness that philosophers have missed or under-rated. (2) In place of compartmentalized, primarily mental education, Humphrey has developed a human-nature-guided (moral, physical, artistic, mental) approach.