Essays in Legal and Moral Philosophy

Essays in Legal and Moral Philosophy PDF

Author: H. Kelsen

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 387

ISBN-13: 940102653X

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In his choice of texts, the Editor has been faced with the difficult task of selecting, from among the author's more than 600 publications, those of the greatest philosophical interest. It is chiefly the topics of value-rela tivism and the logic of norms that have been kept in view. The selection has also been guided by the endeavour to reprint, so far as possible, texts which have not hitherto appeared in English. At times, however, this aim has had to be discarded, in order to include works of key im portance and also the latest expressions of Kelsen's view. In addition to the two topics already mentioned, the Editor has con sidered Kelsen's discussions of the causal principle to be so far worthy of philosophical attention, that some writings on causality and account ability have been included in this collection of philosophical studies. OTA WEINBERGER Hans Kelsen died on April 19th, 1973. Only his work now lives, for the inspiration of future generations of jurists and philosophers. Graz, 25th April, 1973 OT A WEINBERGER TRANSLATOR'S NOTE I am obliged to the Editor for his careful scrutiny of the translation, which has led to a number of corrections and improvements in the text.

Morality, Authority, and Law

Morality, Authority, and Law PDF

Author: Stephen Darwall

Publisher: Oxford University Press, USA

Published: 2013-03-21

Total Pages: 228

ISBN-13: 0199662584

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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.

Law and Morality

Law and Morality PDF

Author: David Dyzenhaus

Publisher: University of Toronto Press

Published: 2007-01-01

Total Pages: 1095

ISBN-13: 0802094899

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Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law. The volume begins with essays that explore general questions about morality and law, surveying the traditional literature on legal positivism and contemporary debates about the connection between law and morality. These essays explore the tensions between law as a protector of individual liberty and as a tool of democratic self-rule, and introduce debates about adjudication and the contribution of feminist approaches to the philosophy of law. New material on the Chinese Canadian head tax case is also featured. The second part of Law and Morality deals with philosophical questions as they apply to contemporary issues. Excerpts from judicial decisions as well as essays by practicing lawyers are included to provide theoretically informed legal analyses of the issues. Striking a balance between practical and more analytic, philosophical approaches, the volume's treatment of the philosophy of law as a branch of political philosophy enables students to understand law in its function as a social institution. Law and Morality has proved to be an essential text in both departments of philosophy and faculties of law and this latest edition brings the debates fully up to date, filling gaps in the previous editions and adding to the array of contemporary issues previously covered.

Liability and Responsibility

Liability and Responsibility PDF

Author: R. G. Frey

Publisher: Cambridge University Press

Published: 1991-03-29

Total Pages: 450

ISBN-13: 9780521392167

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This collection not only presents some of the most challenging work in legal philosophy, but it also demonstrates the interdisciplinary character of the field of philosophy of law, with contributors taking into account developments in economics, political science and rational choice theory.

Ethics in the Public Domain

Ethics in the Public Domain PDF

Author: Joseph Raz

Publisher: Oxford University Press

Published: 1994-06-16

Total Pages:

ISBN-13: 0191018759

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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.

In the Realm of Legal and Moral Philosophy

In the Realm of Legal and Moral Philosophy PDF

Author: M. Kramer

Publisher: Springer

Published: 1998-12-06

Total Pages: 211

ISBN-13: 0230377491

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In this wide-ranging investigation of many prominent issues in contemporary legal, political, and moral philosophy, Matthew Kramer combines penetrating critiques with original theorising as he examines the writings of numerous major theorists (including Ronald Dworkin, H.L.A. Hart, Alan Gewirth, Ronald Coase and Richard Posner). Among the many topics covered by Kramer's essays are the relative merits of legal positivism and natural-law theory, the appropriate understanding of justice, the role of consequences in moral decision-making, and the ultimate foundations of moral judgements.

The Authority of Law

The Authority of Law PDF

Author: Joseph Raz

Publisher:

Published: 1979

Total Pages: 310

ISBN-13:

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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.

From Psychology to Morality

From Psychology to Morality PDF

Author: John Deigh

Publisher: Oxford University Press

Published: 2018-07-02

Total Pages: 288

ISBN-13: 0190878614

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The essays in this collection belong to the tradition of naturalism in ethics. The tradition goes back to the beginnings of moral philosophy in ancient Greek thought. Its program is to explain moral thought and action as wholly natural phenomena. Its aim, in other words, is to explain such thought and action without recourse to either a reality separate from that of the natural world or volitional powers that operate independently of natural forces. Its greatest exponent in ancient thought was Aristotle. In modern thought Hume and Freud stand out as the most influential contributors to the tradition. All three thinkers made the study of human psychology fundamental to their work in ethics. All three built their theories on studies of human desires and emotions and assigned to reason the role of guiding the actions that spring from our desires and emotions toward ends that promise self-fulfillment and away from ends that are self-destructive. The collection's essays draw inspiration from their ideas. Its twelve principal essays are arranged to follow the lead of Aristotle's and Hume's ethics. The first three survey and examine general theories of emotion and motivation. The next two focus on emotions that are central to human sociability and that contemporary Anglo-American philosophers discuss under the rubric of reactive attitudes. Turning to distinctively cognitive powers necessary for moral thought and action, the sixth and seventh essays discuss the role of empathy in moral judgment and defend Bernard Williams's controversial account of practical reason. The final five essays use the studies in moral psychology of the previous chapters to treat questions in ethics and social philosophy. The treatment of these questions exemplifies the implementation of a naturalist program in these disciplines.

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