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On Law, Morality, and Politics (Second Edition)

Author: Thomas Aquinas

Publisher: Hackett Publishing

Published: 2003-03-07

Total Pages: 260

ISBN-13: 9780872206632

The second edition retains the selection of texts presented in the first edition but offers them in new translations by Richard J Regan -- including that of his Aquinas, Treatise on Law (Hackett, 2000). A revised Introduction and glossary, an updated select bibliography, and the inclusion of summarising headnotes for each of the units -- Conscience, Law, Justice, Property, War and Killing, Obedience and Rebellion, and Practical Wisdom and Statecraft -- further enhance its usefulness.

Law, Politics, and Morality in Judaism

Author: Michael Walzer

Publisher: Princeton University Press

Published: 2009-02-09

Total Pages: 231

ISBN-13: 1400827205

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Jewish legal and political thought developed in conditions of exile, where Jews had neither a state of their own nor citizenship in any other. What use, then, can this body of thought be today to Jews living in Israel or as emancipated citizens in secular democratic states? Can a culture of exile be adapted to help Jews find ways of being at home politically today? These questions are central in Law, Politics, and Morality in Judaism, a collection of essays by contemporary political theorists, philosophers, and lawyers. How does Jewish law accommodate--or fail to accommodate--the practice of democratic citizenship? What range of religious toleration and pluralism is compatible with traditional Judaism? What forms of coexistence between Jews and non-Jews are required by shared citizenship? How should Jews operating within halakha (Jewish law) and Jewish history judge the use of force by modern states? The authors assembled here by prominent political theorist Michael Walzer come from different points on the religious-secular spectrum, and they differ greatly in their answers to such questions. But they all enact the relationship at issue since their answers, while based on critical Jewish texts, also reflect their commitments as democratic citizens. The contributors are Michael Walzer, David Biale, the late Robert M. Cover, Menachem Fisch, Geoffrey B. Levey, David Novak, Aviezer Ravitzky, Adam B. Seligman, Suzanne Last Stone, and Noam J. Zohar.

Conflicts of Law and Morality

Author: Kent Greenawalt

Publisher: Oxford University Press, USA

Published: 1989

Total Pages: 396

ISBN-13: 0195058240

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Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws.

Morality, Politics, and Law

Author: Michael J. Perry

Publisher: Oxford University Press, USA

Published: 1990

Total Pages: 336

ISBN-13: 0195064569

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This treatise explores the proper relationship of moral and religious beliefs to politics and law, focusing particularly on the USA, a country which, the author argues, is morally and religiously pluralistic.

Judith Butler

Author: Elena Loizidou

Publisher: Routledge

Published: 2006-09

Total Pages: 230

ISBN-13: 9781845680633

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It is undisputed that Judith Butler is the philosopher who invited us to think and imagine the subject as the effect of gender processes and practices. Over the last twenty years critical legal scholarship engaged either overtly or covertly with the question of the legal subject. And in this book, Elena Loizidou takes up Judith Butler's work as a reading of how the legal subject is formed. The most dominant notion of the legal subject within critical legal studies is one that is primarily pre-political, a-historical and spirit. As Loizidou argues, however, Butler returns this notion of the legal subject to its materiality and its embodiment; challenging legal scholarship to re-think its understanding of the subject and of its effects.

Morality and Politics: Volume 21, Part 1

Author: Ellen Frankel Paul

Publisher: Cambridge University Press

Published: 2004-02-09

Total Pages: 380

ISBN-13: 9780521542210

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Divisions abound as to whether politics should be held responsible to a higher moral standard or whether pragmatic considerations, or realpolitik, should prevail. The two poles are represented most conspicuously by Aristotle (for whom the proper aim of politics is moral virtue) and Machiavelli (whose prince exalted political pragmatism over morality). The fourteen contributions to this volume address perennial concerns in political and moral theory. They underscore the rekindled yearning of many to hold the political realm to a higher standard despite the skepticism of dissenters who question the likelihood, or even the desirability, of success.

Law and Morality

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.

A Matter of Dispute

Author: Christopher J. Peters

Publisher: Oxford University Press

Published: 2011-01-19

Total Pages: 378

ISBN-13: 0199749957

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Law often purports to require people, including government officials, to act in ways they think are morally wrong or harmful. What is it about law that can justify such a claim? In A Matter of Dispute: Morality, Democracy, and Law, Christopher J. Peters offers an answer to this question, one that illuminates the unique appeal of democratic government, the peculiar structure of adversary adjudication, and the contested legitimacy of constitutional judicial review. Peters contends that law should be viewed primarily as a device for avoiding or resolving disputes, a function that implies certain core properties of authoritative legal procedures. Those properties - competence and impartiality - give democracy its advantage over other forms of government. They also underwrite the adversary nature of common-law adjudication and the duties and constraints of democratic judges. And they ground a defense of constitutionalism and judicial review against persistent objections that those practices are "counter-majoritarian" and thus nondemocratic. This work canvasses fundamental problems within the diverse disciplines of legal philosophy, democratic theory, philosophy of adjudication, and public-law theory and suggests a unified approach to unraveling them. It also addresses practical questions of law and government in a way that should appeal to anyone interested in the complex and often troubled relationship among morality, democracy, and the rule of law. Written for specialists and non-specialists alike, A Matter of Dispute explains why each of us individually, and all of us collectively, have reason to obey the law - why democracy truly is a system of government under law.

Law and Moral Action in World Politics

Author: Cecelia Lynch

Publisher: U of Minnesota Press

Published: 2000

Total Pages: 332

ISBN-13: 9780816631711

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Defined by custom and treaty, and now increasingly embodied in charters, regulations, and resolutions of international organizations, does the existence of international law point to progress in humankind's capacity for moral conduct? Or does the lack of a discernible ethical foundation in either law or political action make progress impossible to define? In Law and Moral Action in World Politics, the authors -- activists and scholars of international law and international relations -- pose these questions in new ways. Some adhere to a progressive reading of the law; others adopt a critical stance. Topics included the function and historical evolution of the law; the cultural and intellectual assumptions of influential legal texts; and the experiences of legal activists in using law to pursue moral ends, including the rights of indigenous people and the protection of international law itself.

Law, Politics, and Morality

Author:

Publisher:

Published: 2003

Total Pages:

ISBN-13:

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