Search results for: the-morality-of-law

The Morality of Law

Author : Lon Luvois Fuller
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Punishment Restorative Justice and the Morality of Law

Author : Erik Claes
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Critics take the unclear status of restorative justice practices, along with their vagueness in meaning and purpose, as a clear invitation to a fundamental questioning of the legitimacy of these practices. Their supporters consider the experiment of restorative justice as a platform for reforming penal institutions and for rethinking the legitimacy of orthodox legal reasoning. Within the framework of a rechtsstaat, a democratic state governed by fundamental rights and by the rule of law, both issues of legitimacy lead not only to reflection on concepts such as restoration, punishment, or on such notions as harm and wrong. Questioning the legitimacy both of restorative justice practices and of the prevailing penal system also inevitably involves some reflection on, and articulation of, the underlying values and normative aspirations of such a democratic constitutional state. What are these values and how can they be given appropriate expression in the leading concepts and principles of the criminal law? To what extent are fundamental rights and principles of the rule of law sufficiently reflected in the practices of restorative justice? How are these practices to be related to the criminal justice system according to the normative aspirations of a democratic constitutional state? To what degree can current penal practices be made continuous with these aspirations? These fundamental questions formed the intellectual framework for the 10th Aquinas Conference on Restorative Justice, Punishment and the Morality of Law, at which conference the larger part of the papers published in this volume were presented. Consistent with the structure of the conference, this collection of essays is organised into three parts, each focussing on one central topic and containing a lead essay and corresponding replies. The first part offers critical scrutiny of one of the cornerstones of a criminal justice system governed by the rule of law, namely the principle of legality. Efforts are made to empower this principle through reflection on its underlying values and aspirations, and this in order to meet some of the legitimate ideals and concerns of restorative justice. These efforts are subsequently assessed from both sociological and philosophical perspectives. In the second part, attention is drawn to the legitimacy of restorative justice practices. Here, the normative intuitions of a democratic constitutional state serve either as a critical framework to assess these practices, or, more optimistically, as ideals to whose realisation restorative justice is supposed to make a valuable contribution. And, finally, in the third part, reflection on the value of restorative justice brings us to a fundamental questioning of the legitimacy of punishment and penal practices. Central to the discussion is whether it is possible to interpret and normatively reconstruct the idea and practice of punishment so as to make them compatible with, and even continuous with, the underlying values of a democratic constitutional state.

Martin Luther King Jr and the Morality of Legal Practice

Author : Robert K. Vischer
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Explores how Martin Luther King, Jr built his advocacy on moral claims of love, justice and human nature.

The Morality of Law

Author : Lon Luvois Fuller
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Ethics in the Public Domain

Author : Joseph Raz
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In the past twenty years Joseph Raz has consolidated his reputation as one of the most acute, inventive, and energetic scholars currently at work in analytic moral and political theory. This new collection of essays forms a representative selection of his most significant contributions to a number of important debates, including the extent of political duty and obligation, and the issue of self-determination. He also examines aspects of the common (and ancient) theme of the relations between law and morality. This volume of essays, available in one volume for the first time, will be essential to legal philosophers and political theorists.

The Morality of Adoption

Author : Timothy Patrick Jackson
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The Religion, Marriage, and Family Series investigates marriage and family as major theological and cultural issues. Given that both society and the church have debated these topics intensely but have actually studied them very little, this series attempts to correct recent theological neglect of these important matters.

Law and Morality

Author : David Dyzenhaus
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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.

The Morality and Law of War

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Essays on the principles of morality and on the private and political rights and obligations of mankind With a preface by the Rev G Bush

Author : Jonathan DYMOND
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The Morals of Trade Two Lectures Given in the Anthon Memorial Church New York

Author : Richard Heber NEWTON
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The Ethics of Aristotle

Author : Aristotle
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The Morality of Freedom

Author : Joseph Raz
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Ranging over central issues of morals and politics, this book discusses the nature of freedom and authority. It examines the role of value-neutrality, rights, equality, and the prevention of harm in the liberal tradition, and relates them to fundamental moral questions such as the relation of values to social forms, the comparability of values, and the significance of personal commitments.

The Morality of Consent

Author : Alexander M. Bickel
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Contrasts liberal views in the tradition of John Locke with conservative Whig attitudes as personified by Edmund Burke in a consideration of moral duty and civil disobedience

The Qu stion of Tythes Revised Arguments for the Morality of Tything Enlarged and Cleared Mr Selden s Historie So Farre as Mistakers Have Made it Argumentative Against the Moralitie Over ly Viewed Etc

Author : William SCLATER (Vicar of Pitminster.)
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The Morality of Religion

Author :
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or a discourse of the morality of the Sabbath being an Exposition of Exod xx v 8 11 With prayers relating thereunto

Author : John GREGORY (Archdeacon of Gloucester.)
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Essays on the Principles of Morality

Author : Jonathan Dymond
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The Morality and Obligation of Public Religious Vows Or Covenants Illustrated A Sermon Preached 1779 from Deut Xxix 24 25 Together with Animadversions on P Hutchison s Attacks on the Secession Etc

Author : David Walker (minister of the gospel in Pollockshaws.)
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Encyclop dia Britannica Or Dictionary of Arts Sciences and General Literature

Author : Thomas Stewart Traill
File Size : 67.98 MB
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The Elements of Morality

Author : William Whewell
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