Morality Imposed


Book Description

We like to think of judges and justices as making decisions based on the facts and the law. But to what extent do jurists decide cases in accordance with their own preexisting philosophy of law, and what specific ideological assumptions account for their decisions? Stephen E. Gottlieb adopts a unique perspective on the decision-making of Supreme Court justices, blending and re-characterizing traditional accounts of political philosophy in a way that plausibly explains many of the justices' voting patterns. A seminal study of the Rehnquist Court, Morality Imposed illustrates how, in contrast to previous courts which took their mandate to be a move toward a freer and/or happier society, the current court evidences little concern for this goal, focusing instead on thinly veiled moral judgments. Delineating a fault line between liberal and conservative justices on the Rehnquist Court, Gottlieb suggests that conservative justices have rejected the basic principles that informed post-New Deal individual rights jurisprudence and have substituted their own conceptions of moral character for these fundamental principles. Morality Imposed adds substantially to our understanding of the Supreme Court, its most recent cases, and the evolution of judicial philosophy in the U.S.




Imposed Morality


Book Description

The book “Imposed Morality” is written from a multidisciplinary perspective and in this sense is totally different from other books dealing with human sexuality and particularly homosexuality.




The Morality of Law


Book Description




The Principles of Morals and Legislation


Book Description

Discusses morals' functions and natures that affect the legislation in general. Bases the discussions on pain and pleasure as basic principle of law embodiment. Mentions of the circumstance influencing sensibility, general human actions, intentionality, conciousness, motives, human dispositions, consequencess of mischievous act, case of punishment, and offences' division.




Imposed Rationality and Besieged Imagination


Book Description

Social pathologies are social processes that hinder how individuals exercise their autonomy and freedom. In this book, Gustavo Pereira offers an account of such phenomena by defining them as a cognitive failure that affects the practical imagination, thus negatively interfering with our practical life. This failure of the imagination is the consequence of the imposition of a type of practical rationality on a practical context alien to it, caused by a non‐conscious transformation of the individuals’ set of beliefs and values. The research undertaken provides an innovative explanation in terms of microfoundations based on the mechanism of “availability heuristic”, by which the diminished exercise of the imagination turns the intuitively available or prevailing rationality into the one that regulates behaviour in inappropriate contexts. Additionally, this incorrect regulation results in a progressive distortion of the shared sense of the affected practical contexts, which becomes institutionalized. Consumerism, bureaucratism, moralism, juridification, some forms of corruption and the particular Latin American case of “malinchism” can be interpreted as social pathologies insofar as they imply such distortion. This way of conceptualizing social pathologies integrates the traditional sociological macro‐explanation manifested through the negative consequences of the processes of social rationalization with a micro‐explanation articulated around the findings of cognitive psychology such as availability heuristic. Understanding social pathologies as a cognitive failure allows us to identify the introduction of normative friction as the main way to counteract their effects. One of the potential effects of normative friction, as a specific form of cognitive dissonance, is the intense exercise of the imagination, thus operating as a condition of possibility for the exercise of autonomy and reflection. Democratic ethical life, understood as a shared democratic culture, as well as social institutions and narratives, are the privileged social spaces and means to trigger reflective processes that can counteract social pathologies through a reflective reappropriation of the meaning of the shared practical context. An extraordinary contribution by a Critical Theorist to the return of the concept of imagination today. It takes up the challenge once taken by Kant to think about imagination as the pivotal activity not only of knowledge and experience, but above all, for action. The author claims that imagination makes criticism possible (pathologies) and it allows us to envision alternative views into the path for social transformation. Without imagination nothing is possible. María Pía Lara, Universidad Autónoma Metropolitana-Iztapalapa, Mexico




Common Morality


Book Description

Distinguished philosopher Bernard Gert presents a clear and concise introduction to what he calls "common morality"--the moral system that most thoughtful people implicitly use when making everyday, common sense moral decisions and judgments. Common Morality is useful in that--while not resolving every disagreement on controversial issues--it is able to distinguish between acceptable and unacceptable answers to moral problems.




Morality, Competition, and the Firm


Book Description

In this collection of provocative essays, Joseph Heath provides a compelling new framework for thinking about the moral obligations that private actors in a market economy have toward each other and to society. In a sharp break with traditional approaches to business ethics, Heath argues that the basic principles of corporate social responsibility are already implicit in the institutional norms that structure both marketplace competition and the modern business corporation. In four new and nine previously published essays, Heath articulates the foundations of a "market failures" approach to business ethics. Rather than bringing moral concerns to bear upon economic activity as a set of foreign or externally imposed constraints, this approach seeks to articulate a robust conception of business ethics derived solely from the basic normative justification for capitalism. The result is a unified theory of business ethics, corporate law, economic regulation, and the welfare state, which offers a reconstruction of the central normative preoccupations in each area that is consistent across all four domains. Beyond the core theory, Heath offers new insights on a wide range of topics in economics and philosophy, from agency theory and risk management to social cooperation and the transaction cost theory of the firm.




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




Morality


Book Description

In this final revision of the classic work, the author has produced the fullest and most sophisticated account of this influential theoretical model. Here, he makes clear that morality is an informal system that does not provide unique answers to every moral question but does always limit the range of morally acceptable options, and so explains why some moral disagreements cannot be resolved. The importance placed on the moral ideals also makes clear that the moral rules are only one part of the moral system. A chapter that is devoted to justifying violations of the rules illustrates how the moral rules are embedded in the system and cannot be adequately understood independently of it. The chapter on reasons includes a new account of what makes one reason better than another and elucidates the complex hybrid nature of rationality.




A Moral Ontology for a Theistic Ethic


Book Description

This title was first published in 2003. This book develops a moral ontology for a theistic ethic that engages the work of contemporary moral and political philosophers, and reaffirms the relevance of a theistic tradition of God's relation to the world reflected in the fundamental teachings of Judaism, Christianity and Islam. Drawing on recent thought in the non-religious fields of psychology and political and moral philosophy, which build around the concept of human flourishing in community, Kirkpatrick argues that a theistic ethic need not be the captive of parochial or sectarian theological camps. He proposes a common or universal ethic that transcends the fashionable ethnocentric 'incommensurate differences' in morality alleged by many post-modern deconstructionists. In the wake of ethnic religious strife post September 11th 2001, this book argues for a common morality built on the inclusivity of love, community, and justice that can transcend sectarian and parochial boundaries.