On Law Morality And Politics

  on law morality and politics: On Law, Morality, and Politics (Second Edition) Thomas Aquinas, 2003-11-04 The second edition of Aquinas, On Law, Morality, and Politicsretains 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 summarizing 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.
  on law morality and politics: Morality, Politics, and Law Michael J. Perry, 1990 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.
  on law morality and politics: On Law, Morality, and Politics (Second Edition) Thomas Aquinas, Richard J. Regan, William P. Baumgarth, 2003-03-07 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.
  on law morality and politics: Public Philosophy Michael J. Sandel, Anne T and Robert M Bass Professor of Government Michael J Sandel, 2005 In this book, Michael Sandel takes up some of the hotly contested moral and political issues of our time, including affirmative action, assisted suicide, abortion, gay rights, stem cell research, the meaning of toleration and civility, the gap between rich and poor, the role of markets, and the place of religion in public life. He argues that the most prominent ideals in our political life--individual rights and freedom of choice--do not by themselves provide an adequate ethic for a democratic society. Sandel calls for a politics that gives greater emphasis to citizenship, community, and civic virtue, and that grapples more directly with questions of the good life. Liberals often worry that inviting moral and religious argument into the public sphere runs the risk of intolerance and coercion. These essays respond to that concern by showing that substantive moral discourse is not at odds with progressive public purposes, and that a pluralist society need not shrink from engaging the moral and religious convictions that its citizens bring to public life.
  on law morality and politics: Treatise on Happiness St. Thomas Aquinas, 1984-01-01 The Treatise on Happiness and the accompanying Treatise on Human Acts comprise the first twenty-one questions of I-II of the Summa Theologiae. From his careful consideration of what true happiness is, to his comprehensive discussion of how it can be attained, St. Thomas Aquinas offers a challenging and classic statement of the goals of human life, both ultimate and proximate. This translation presents in accurate, consistent, contemporary English the great Christian thinker's enduring contributions on the subject of man's happiness.
  on law morality and politics: Making Amends Linda Radzik, 2011-04-07 It is often assumed that wrongdoing can only be resolved through punishment or forgiveness. But this book explores the responses that wrongdoers can and should make to their own misdeeds, responses such as apology, repentance, reparations, and self-punishment. It examines the possibility of atonement in a broad spectrum of contexts -- from cases of relatively minor wrongs in personal relationships, to crimes, to the historical injustices of our political and religious communities. It argues that wrongdoers often have the ability to earn redemption within the moral community, that respect and trust among victims, communities and wrongdoers can be rebuilt, and that the moral responsibility of wrongdoing groups can be addressed without treating their members unfairly.
  on law morality and politics: Conflicts of Law and Morality Kent Greenawalt, 1989 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.
  on law morality and politics: Messy Morality C. A. J. Coady, 2008-11-06 Tony Coady explores the challenges that morality poses to politics. He confronts the complex intellectual tradition known as realism, which seems to deny any relevance of morality to politics, especially international politics. He argues that, although realism has many serious faults, it has lessons to teach us: in particular, it cautions us against the dangers of moralism in thinking about politics and particularly foreign affairs. Morality must not be confused with moralism: Coady characterizes various forms of moralism and sketches their distorting influence on a realistic political morality. He seeks to restore the concept of ideals to an important place in philosophical discussion, and to give it a particular pertinence in the discussion of politics. He deals with the fashionable idea of 'dirty hands', according to which good politics will necessarily involve some degree of moral taint or corruption. Finally, he examines the controversial issue of the role of lying and deception in politics. Along the way Coady offers illuminating discussion of historical and current political controversies. This lucid book will provoke and stimulate anyone interested in the interface of morality and politics.
  on law morality and politics: The Moral Foundations of Politics Ian Shapiro, 2012-10-30 When do governments merit our allegiance, and when should they be denied it? Ian Shapiro explores this most enduring of political dilemmas in this innovative and engaging book. Building on his highly popular Yale courses, Professor Shapiro evaluates the main contending accounts of the sources of political legitimacy. Starting with theorists of the Enlightenment, he examines the arguments put forward by utilitarians, Marxists, and theorists of the social contract. Next he turns to the anti-Enlightenment tradition that stretches from Edmund Burke to contemporary post-modernists. In the last part of the book Shapiro examines partisans and critics of democracy from Plato’s time until our own. He concludes with an assessment of democracy’s strengths and limitations as the font of political legitimacy. The book offers a lucid and accessible introduction to urgent ongoing conversations about the sources of political allegiance.
  on law morality and politics: The Importance of Ideals Wibren van der Burg, Sanne Taekema, 2004 Ideals are important in social reality, but they have been neglected in theories of law, politics, and morality. This book has the role of ideals as its central theme. More specifically, it argues that ideals are necessary to understand pluralism, that they are key elements in controversy and debate, and that they enable development. It combines theoretical analysis of the concept of ideals with discussion of concrete debates and cases, including philosophical debates about politics and equality, sociological studies of the diverse interpretations of the rule of law, and accounts of the development of environmental law and privacy law. Thus, the functioning of ideals is critically examined, showing the merits and limitations of an ideal-oriented approach.
  on law morality and politics: Ethics, Politics and Justice in Dante Giulia Gaimari , Catherine Keen, 2019-06-27 Ethics, Politics and Justice in Dante presents new research by international scholars on the themes of ethics, politics and justice in the works of Dante Alighieri, including chapters on Dante’s modern ‘afterlife’. Together the chapters explore how Dante’s writings engage with the contemporary culture of medieval Florence and Italy, and how and why his political and moral thought still speaks compellingly to modern readers. The collection’s contributors range across different disciplines and scholarly traditions – history, philology, classical reception, philosophy, theology – to scrutinise Dante’s Divine Comedy and his other works in Italian and Latin, offering a multi-faceted approach to the evolution of Dante’s political, ethical and legal thought throughout his writing career. Certain chapters focus on his early philosophical Convivio and on the accomplished Latin Eclogues of his final years, while others tackle knotty themes relating to judgement, justice, rhetoric and literary ethics in his Divine Comedy, from hell to paradise. The closing chapters discuss different modalities of the public reception and use of Dante’s work in both Italy and Britain, bringing the volume’s emphasis on morality, political philosophy, and social justice into the modern age of the nineteenth, twentieth, and twenty-first centuries.
  on law morality and politics: Law and Morality David Dyzenhaus, Sophia Reibetanz Moreau, Arthur Ripstein, 2007-01-01 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.
  on law morality and politics: Moral Politics George Lakoff, 2010-12-15 In this classic text, the first full-scale application of cognitive science to politics, George Lakoff analyzes the unconscious and rhetorical worldviews of liberals and conservatives, discovering radically different but remarkably consistent conceptions of morality on both the left and right. For this new edition, Lakoff adds a preface and an afterword extending his observations to major ideological conflicts since the book's original publication, from the impeachment of Bill Clinton to the 2000 presidential election and its aftermath.
  on law morality and politics: Ecstatic Morality and Sexual Politics Graham James McAleer, 2005 This first book-length treatment of Thomas AquinasÆs theory of the body presents a Catholic understanding of the body and its implications for social and political philosophy. Making a fundamental contribution to antitotalitarian theory, McAleer argues that a sexual politics reliant upon AquinasÆs theory of the body is better (because less violent) than other commonly available theories. He contrasts this theory with those of four other groups of thinkers: the continental tradition represented by Kant, Schopenhauer, Merleau-Ponty, Nancy, Levinas, and Deleuze; feminism, in the work of Donna Haraway; an alternative Catholic theory to be found in Karl Rahner; and the ôRadical Orthodoxyö of John Milbank.
  on law morality and politics: Force and Freedom Arthur Ripstein, 2010-02-15 In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.
  on law morality and politics: Law and Morality at War Adil Ahmad Haque, 2017 The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does collateral damage to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. Finally, it explores when, if ever, the emotional pressures under which soldiers act should partially or wholly excuse their wrongful actions.
  on law morality and politics: The Politics of Morality Joanna Mishtal, 2015-07-15 After the fall of the state socialist regime and the end of martial law in 1989, Polish society experienced both a sense of relief from the tyranny of Soviet control and an expectation that democracy would bring freedom. After this initial wave of enthusiasm, however, political forces that had lain concealed during the state socialist era began to emerge and establish a new religious-nationalist orthodoxy. While Solidarity garnered most of the credit for democratization in Poland, it had worked quietly with the Catholic Church, to which a large majority of Poles at least nominally adhered. As the church emerged as a political force in the Polish Sejm and Senate, it precipitated a rapid erosion of women’s reproductive rights, especially the right to abortion, which had been relatively well established under the former regime. The Politics of Morality is an anthropological study of this expansion of power by the religious right and its effects on individual rights and social mores. It explores the contradictions of postsocialist democratization in Poland: an emerging democracy on one hand, and a declining tolerance for reproductive rights, women’s rights, and political and religious pluralism on the other. Yet, as this thoroughly researched study shows, women resist these strictures by pursuing abortion illegally, defying religious prohibitions on contraception, and organizing into advocacy groups. As struggles around reproductive rights continue in Poland, these resistances and unofficial practices reveal the sharp limits of religious form of governance.
  on law morality and politics: Moral Politics George Lakoff, 1996 Lakoff takes a fresh look at how we think and talk about politics and shows that political and moral ideas develop in systematic ways from our models of ideal families. Arguing that conservatives have exploited the connection between morality, the famility and politics, while liberals have failed to recognize it, Lakoff expalins why the conservative moral position has not been effectively challenged.
  on law morality and politics: Morality in the Philosophy of Thomas Hobbes S. A. Lloyd, 2009-07-20 In this book, S. A. Lloyd offers a radically new interpretation of Hobbes's laws of nature, revealing them to be not egoistic precepts of personal prudence but rather moral instructions for obtaining the common good. This account of Hobbes's moral philosophy stands in contrast to both divine command and rational choice interpretations. Drawing from the core notion of reciprocity, Lloyd explains Hobbes's system of cases in the law of nature and situates Hobbes's moral philosophy in the broader context of his political philosophy and views on religion. Offering ingenious new arguments, Lloyd defends a reciprocity interpretation of the laws of nature through which humanity's common good is secured.
  on law morality and politics: Ethics in the Public Domain Joseph Raz, 1994-06-16 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.
  on law morality and politics: The Morality of Law Lon Luvois Fuller, 2004
  on law morality and politics: God and Moral Law Mark C. Murphy, 2011-11-17 Does God's existence make a difference to how we explain morality? Mark C. Murphy critiques the two dominant theistic accounts of morality—natural law theory and divine command theory—and presents a novel third view. He argues that we can value natural facts about humans and their good, while keeping God at the centre of our moral explanations. The characteristic methodology of theistic ethics is to proceed by asking whether there are features of moral norms that can be adequately explained only if we hold that such norms have some sort of theistic foundation. But this methodology, fruitful as it has been, is one-sided. God and Moral Law proceeds not from the side of the moral norms, so to speak, but from the God side of things: what sort of explanatory relationship should we expect between God and moral norms given the existence of the God of orthodox theism? Mark C. Murphy asks whether the conception of God in orthodox theism as an absolutely perfect being militates in favour of a particular view of the explanation of morality by appeal to theistic facts. He puts this methodology to work and shows that, surprisingly, natural law theory and divine command theory fail to offer the sort of explanation of morality that we would expect given the existence of the God of orthodox theism. Drawing on the discussion of a structurally similar problem—that of the relationship between God and the laws of nature—Murphy articulates his new account of the relationship between God and morality, one in which facts about God and facts about nature cooperate in the explanation of moral law.
  on law morality and politics: Human Rights Adam Etinson, 2018 Over the past decade or so, philosophical speculation about human rights has tended to fall into two streams. On the one hand, there are Orthodox theorists, who think of human rights as natural rights: moral rights that we have simply in virtue of being human. On the other hand, there arePolitical theorists, who think of human rights as rights that play a distinctive role, or set of roles, in modern international politics: setting universal standards of political legitimacy, serving as norms of international concern, and/or imposing limits on the exercise of national sovereignty.This edited volume explores this disagreement, its underlying sources, and related issues in the philosophy of human rights. Using the Orthodox-Political debate as a springboard for broader reflection, the volume covers a diverse range of questions about: the relevance of the history of human rightsto their philosophical comprehension; how to properly understand the relationship between human rights morality and law; how to balance the normative character of human rights - their description of an ideal world - with the requirement that they be feasible in the here and now; the role of humanrights in a world shaped by politics and power; and how to reconcile the individualistic and communitarian aspects of human rights.All chapters are accompanied by useful and probing commentaries, which help to create dialogues throughout the entire volume.
  on law morality and politics: A New, Objective, Pro-Objectivity Normative Theory Frederick Farrand, 2011 Mostly theory. Arguing for an objective theory -- More preliminary discussion of practical applications -- Structural form -- Mostly practical applications. Further issues and applications -- Other further issues and applications.
  on law morality and politics: Aristotle and Natural Law Tony Burns, 2011-10-27 Aristotle and Natural Law lays out a new theoretical approach which distinguishes between the notions of 'interpretation,' 'appropriation,' 'negotiation' and 'reconstruction' of the meaning of texts and their component concepts. These categories are then deployed in an examination of the role which the concept of natural law is used by Aristotle in a number of key texts. The book argues that Aristotle appropriated the concept of natural law, first formulated by the defenders of naturalism in the 'nature versus convention debate' in classical Athens. Thereby he contributed to the emergence and historical evolution of the meaning of one of the most important concept in the lexicon of Western political thought. Aristotle and Natural Law argues that Aristotle's ethics is best seen as a certain type of natural law theory which does not allow for the possibility that individuals might appeal to natural law in order to criticize existing laws and institutions. Rather its function is to provide them with a philosophical justification from the standpoint of Aristotle's metaphysics.
  on law morality and politics: Émile Durkheim Roger Cotterrell, 2017-03-02 This volume focuses on three closely-connected aspects of Émile Durkheim's work: his sociology of justice, his sociology of morality and his political sociology. These areas of his thought are the most relevant and practical today in considering fundamental problems of contemporary societies and they provide many of the richest and most important insights of his social theory. Yet they are also relatively neglected and this volume collects together the most incisive recent periodical commentary on them. Within the justice-morality-politics triangle, Durkheim examines moral pluralism and the possibility of identifying a unifying value system for complex societies; the nature and conditions of democracy; the relations of the citizen, the state and corporate groups; criteria of justice and of effective economic regulation; and modern individualism with its associated ideas of human dignity and human rights. This tightly-integrated volume presents Durkheim's thought in an unusual and revealing light, showing him as a key social and political thinker for the twenty-first century.
  on law morality and politics: Constitutional Morality and the Rise of Quasi-Law Bruce P. Frohnen, George W. Carey, 2016-06-13 Americans are increasingly ruled by an unwritten constitution consisting of executive orders, signing statements, and other forms of quasi-law that lack the predictability and consistency essential for the legal system to function properly. As a result, the U.S. Constitution no longer means what it says to the people it is supposed to govern, and the government no longer acts according to the rule of law. These developments can be traced back to a change in “constitutional morality,” Bruce Frohnen and George Carey argue in this challenging book. The principle of separation of powers among co-equal branches of government formed the cornerstone of America’s original constitutional morality. But toward the end of the nineteenth century, Progressives began to attack this bedrock principle, believing that it impeded government from “doing the people’s business.” The regime of mixed powers, delegation, and expansive legal interpretation they instituted rejected the ideals of limited government that had given birth to the Constitution. Instead, Progressives promoted a governmental model rooted in French revolutionary claims. They replaced a Constitution designed to mediate among society’s different geographic and socioeconomic groups with a body of quasi-laws commanding the democratic reformation of society. Pursuit of this Progressive vision has become ingrained in American legal and political culture—at the cost, according to Frohnen and Carey, of the constitutional safeguards that preserve the rule of law.
  on law morality and politics: An Introduction to Law Phil Harris, 2006-12-14 Since the publication of its first edition, this textbook has become the definitive student introduction to the subject. As with earlier editions, the seventh edition gives a clear understanding of fundamental legal concepts and their importance within society. In addition, this book addresses the ways in which rules and the structures of law respond to and impact upon changes in economic and political life. The title has been extensively updated and explores recent high profile developments such as the Civil Partnership Act 2005 and the Racial and Religious Hatred Bill. This introductory text covers a wide range of topics in a clear, sensible fashion giving full context to each. For this reason An Introduction to Law is ideal for all students of law, be they undergraduate law students, those studying law as part of a mixed degree, or students on social sciences courses which offer law options.
  on law morality and politics: Death is Different Hugo Adam Bedau, 1987
  on law morality and politics: Ethics in the public domain Joseph Raz, 1994
  on law morality and politics: Morality, Authority, and Law Stephen Darwall, 2013-03-21 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.
  on law morality and politics: Tradition and Morality in Constitutional Law Robert H. Bork, 1984
  on law morality and politics: Freedom's Law Ronald Dworkin, 1999 Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
  on law morality and politics: Philosophy of Law Raymond Wacks, 2014-02 Raymond Wacks reveals the intriguing and challenging nature of legal philosophy, exploring the notion of law and its role in our lives. He refers to key thinkers from Aristotle to Rawls, from Bentham to Derrida and looks at the central questions behind legal theory, and law's relation to justice, morality, and democracy.
  on law morality and politics: The Prince Niccolo Machiavelli, 2024-10-14 It is better to be feared than loved, if you cannot be both. The Prince, written by Niccolò Machiavelli, is a groundbreaking work in the genre of political philosophy, first published in 1532. It offers a direct and unflinching examination of power and leadership, challenging conventional notions of morality and ethics in governance. This work will leave you questioning the true nature of authority and political strategy. Machiavelli's prose captures the very essence of human ambition, forcing readers to grapple with the harsh realities of leadership. This is not just a historical treatise, but a blueprint for navigating the political power structures of any era. If you're seeking a deeper understanding of political leadership and the dynamics of influence, this book is for you. Sneak Peek Since love and fear can hardly exist together, if we must choose between them, it is far safer to be feared than loved. In The Prince, Machiavelli draws on historical examples and his own diplomatic experience to lay out a stark vision of what it takes to seize and maintain power. From the ruthlessness of Cesare Borgia to the political maneuvering of Italian city-states, Machiavelli outlines how a leader must be prepared to act against virtue when necessary. Every decision is a gamble, and success depends on mastering the balance between cunning and force. Synopsis The story of The Prince delves into the often brutal realities of ruling. Machiavelli provides rulers with a pragmatic guide for gaining and sustaining power, asserting that the ends justify the means. The book is not just a reflection on how power was wielded in Renaissance Italy but a timeless manual that offers insight into political consulting, political history, and current political issues. Its relevance has endured for centuries, influencing leaders and thinkers alike. Machiavelli emphasizes that effective rulers must learn how to adapt, deceive, and act decisively in pursuit of their goals. This stunning, classic literature reprint of The Prince offers unaltered preservation of the original text, providing you with an authentic experience as Machiavelli intended. It's an ideal gift for anyone passionate about political science books or those eager to dive into the intricacies of power and leadership. Add this thought-provoking masterpiece to your collection, or give it to a loved one who enjoys the best political books. The Prince is more than just a book – it's a legacy. Grab Your Copy Now and get ready to command power like a true Prince. Title Details Original 1532 text Political Philosophy Historical Context
  on law morality and politics: Hannah Arendt and the Law Marco Goldoni, Chris McCorkindale, 2012-04-20 This book fills a major gap in the ever-increasing secondary literature on Hannah Arendt's political thought by providing a dedicated and coherent treatment of the many, various and interesting things which Arendt had to say about law. Often obscured by more pressing or more controversial aspects of her work, Arendt nonetheless had interesting insights into Greek and Roman concepts of law, human rights, constitutional design, legislation, sovereignty, international tribunals, judicial review and much more. This book retrieves these aspects of her legal philosophy for the attention of both Arendt scholars and lawyers alike. The book brings together lawyers as well as Arendt scholars drawn from a range of disciplines (philosophy, political science, international relations), who have engaged in an internal debate the dynamism of which is captured in print. Following the editors' introduction, the book is split into four Parts: Part I explores the concept of law in Arendt's thought; Part II explores legal aspects of Arendt's constitutional thought: first locating Arendt in the wider tradition of republican constitutionalism, before turning attention to the role of courts and the role of parliament in her constitutional design. In Part III Arendt's thought on international law is explored from a variety of perspectives, covering international institutions and international criminal law, as well as the theoretical foundations of international law. Part IV debates the foundations, content and meaning of Arendt's famous and influential claim that the 'right to have rights' is the one true human right.
  on law morality and politics: Moral and Political Philosophy Paul Smith, 2008-04-30 A clear and concise introduction to moral and political philosophy which critically analyses arguments about controversial and topical practical issues – drug laws, justifications of punishment, civil disobedience, whether there is a duty to obey the law, and global poverty.
  on law morality and politics: Ethics and the Orator Gary Remer, 2017-03-14 Prologue: Quintilian and John of Salisbury in the Ciceronian tradition -- Rhetoric, emotional manipulation, and morality: the contemporary relevance of Cicero vis-a-vis Aristotle -- Political morality, conventional morality, and decorum in Cicero -- Rhetoric as a balancing of ends: Cicero and Machiavelli -- Justus Lipsius, morally acceptable deceit, and prudence in the Ciceronian tradition -- The classical orator as political representative: Cicero and the modern concept of representation -- Deliberative democracy and rhetoric: Cicero, oratory, and conversation
  on law morality and politics: Love and Power Michael J. Perry, 1991-10-17 In this sequel to his Morality, Politics, and Law, Michael Perry addresses the proper relation of moral convictions to the politics of a morally pluralistic society. While his analysis focuses on religious morality, Perry's argument applies to morality generally. Contending that no justification of a contested political choice can be neutral among competing conceptions of human good, the author develops an ideal of ecumenical politics in which moral convictions about human good can be brought to bear in a productive way in political argument.
  on law morality and politics: The Morality of Conflict Samantha Besson, 2005-11-25 This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously. Even though the law should be regarded as the primary mode of settlement of our moral conflicts,it can, and should, also be the object and the forum of further moral conflicts. There is more to the rule of law than convergence and determinacy and it is important therefore to question the importance of agreement in law and politics. By addressing in detail issues pertaining to the nature and sources of disagreement, its extent and significance, as well as the procedural, institutional and substantive responses to disagreement in the law and their legitimacy, this book suggests the value of a comprehensive approach to thinking about conflict, which until recently has been analysed in a compartmentalized way. It aims to provide a fully-fledged political morality of conflict by drawing on the analysis of topical jurisprudential questions in the new light of disagreement. Developing such a global theory of disagreement in the law should be read in the context of the broader effort of reconstructing a complete account of democratic law-making in pluralistic societies. The book will be of value not only to legal philosophers and constitutional theorists, but also to political and democratic theorists, as well as to all those interested in public decision-making in conditions of conflict.
On law, morality, and politics : Thomas, Aquinas, Saint, 1225?
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On Law, Morality and Politics, 2nd Edition (Hackett Classics)
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The Cherokee Cases: A Study in Law, Politics, and Morality
Law, Politics, and Morality* Joseph C. Burket An air of doom settled over the Supreme Court when the Justices gath-ered for the i832 Term. The Court approached the case of Worcester v. Georgia' as though caught in the clutches of fate and irresistible events. Georgia had imprisoned two white missionaries for living in Cherokee Ter-

Morality Politics and New Research on Transgender Politics and …
made great advancements in the past decade and shows that morality continues to shape LGBT politics and policy. Introduction The culture wars have been explored in the social sciences, often under the rubric of morality politics, which involve sharp clashes over fundamental values where compromise is difficult (Mooney 2001).

Natural Law in Jurisprudence and Politics^ - JSTOR
13 Nov 2007 · winter 2007 Natural Law in Jurisprudence and Politics 111 simply that a law that is not backed by decisive reasons for action cannot be considered morally binding. Murphy favours the weak reading of the natural law thesis. He evaluates three possible arguments for this position, concluding that, while one argument fails, the other two succeed.

Law and Morality in the Perspective of Legal Realism - JSTOR
law."2 "The life of the law has not been logic, it has been experience."3 "General propositions do not decide concrete cases."4 One might have thought, thirty years ago, that jurisprudents of the natural law tradition would not be entirely unsympathetic with the realist thesis that there is more to legal decision-making than the orderly application

Natural Law Jurisprudence - Cambridge University Press
interests are the moral foundations of law and religious liberty. His most recent book is Essays on Law, Religion, and Morality (2014). Jonathan Crowe is Professor of Law at Bond University and the current President of the Australian Society of Legal Philosophy. He has published widely on the relationship between law and ethics, particularly ...

Law and Morality - JSTOR
LAW AND MORALITY 677 TAXATION AND MORALITY A more obvious area of a law-morality issue is the area of social justice. That is the area of taxation, redistribution through social welfare payments, grants, subsidies, government schemes, etc. We must be concerned here not just about substantial provisions but also about the manner in which they ...

EXPLORING THE CONCEPTS OF JUSTICE IN INDIA - The Law …
Indian Politics & Law Review Journal (IPLRJ) ISSN 2581 7086 Volume 6 - 2021 EXPLORING THE CONCEPTS OF JUSTICE IN INDIA Written by Ojaswini Gupta 1st Year BA LLB Student, Dharmashastra National Law University, Jabalpur, India ABSTRACT Justice is the profound principle of morality and philosophy. The word ‘Justice’ is derived

On between Law and Morality - ResearchGate
the law, morality outside the law is public morality, morality ... law itself, rather than politics, economics, morality, etc. He believed that law should not be mixed with morality and other

The International Civil Servant in Theory and Practice: Law, Morality ...
The European Journal of International Law Vol. 26 no. 3 EJIL (2015), Vol. 26 No. 3, 747–766 doi:10 ... Law, Morality, and Expertise Guy Fiti Sinclair* Carsten Stahn and Henning Melber (eds). Peace Diplomacy, Global Justice and International Agency: Rethinking Human Security and Ethics in the Spirit of ... encounter into a broader context of ...

Habermas on Human Rights: Law, Morality, and Intercultural …
Law, Morality, and Intercultural Dialogue In Between Facts and Norms, Jiirgen Habermas stresses the essential role of modern law for social integration within modern complex societies. Tied to this modern concept of law is the notion of actionable individual rights. While Between Facts and Norms (BFN) deals primarily with the

On between Law and Morality
between morality and law from two perspectives, one is the influence of morality on the legal effect. Fuller believes that law is the cause that makes human behavior belong to the rule of rules, and people need to obey the good law [2]. Morality is …

MORALITY, POLITICS, AND LAW - api.pageplace.de
relation of morality and religion to politics and law, which it is the aim of this book to address.5 My overarching aim is to lend support to the position that a delibera-tive, transformative politics—as distinct from a politics that is merely manipulative and self …

Psychology of political morality, ethics, and law: the Western …
The study's objective is to critically explore the relationship between politics, morality, ethics, and law, focusing on the Western Balkans. Like morality, politics is an activity and an effort around the community. As a concern for the community, and the everyday life of the people, morality would be the first kind, the first and

The Politics of Common Law in Theory and History - CORE
Politics of Common Law formal structure of laws, whose ultimate authority lies in the fact that it derives from the process of official recognition.8 Twenty-five years after Hart's major work, Ronald Dworkin

STANLEY FISH ON PHILOSOPHY, POLITICS, AND LAW
POLITICS, AND LAW Fish’s writings on philosophy, politics, and law comprise numerous books and articles produced over many decades. This book connects those dots ... Fish’s rejection of the separation of law and morality/politics 183 Legal positivist responses to Fish 186 8 Legal formalism 206 The textualist version of legal formalism 206

Law, Morality, and Sexual Orientation - PhilPapers
least in principle, in contemporary European politics. (It was, for example, a cornerstone of the Treaty of Maastricht of 1992.) This ... LAW, MORALITY, AND "SEXUAL ORIENTATION" (a) supervising the truly private conduct of adults'and (b) super-vising the public realm or environment. The importance of the latter

UNIT 7 MACHIAVALLI: POLITICS AND MORALITY⁎ - eGyanKosh
7.2 Machiavelli’s Attitude Towards Politics and Morality 7.2.1 Machiavelli’s Conception of Human Nature 7.2.2 Power and Politics 7.2.3 Religion as a Political Tool 7.2.4 Double Standards of Morality: Public and Private 7.3 Let Us Sum Up 7.4 References 7.5 Answers to Check Your Progress Exercises 7.0 OBJECTIVES

Rethinking Morgenthau in the Context - uni-stuttgart.de
understanding of international law, morality, and the purpose of American politics as limitations of crude power politics and war extends beyond a rationalist and conservative ‘American-styled Cold War theory’ about power politics (as ‘Realism’ is mostly presented in prevalent readings in International Relations). The core argument

Conflict and Consensus in South African Natural Law Thinking
both the creator and upholder of the universe, and as such is closely concerned with law and morality. It is a common feature of traditional African religions that they expect human life to be ... Westminster-type >winner-takes-all< democracy towards a new kind of …

Morality Politics and Prostitution Policy in Brussels: A Diachronic ...
instance, the law prescribes that all sex workers employed in licensed brothels need to be female by birth or by gender reassignment surgery. In present-day Bolivia and Mexico, ... Morality politics indicates a situation where the mini-mum common ground, that is a condition for engaging in effective collective problem solving, has broken

common law and natural law in america - Cambridge University …
Speaking to today s ourishing conversations on both law, morality, and religion, and the religious foundations of law, politics, and society, Common Law and Natural Law in America is an ambitious four-hundred-year narrative and fresh reassessment of the varied American interactions of common law, the stuff of

The Relationship between Morality and Law: Special Emphasis …
The Relationship between Morality and Law: Special Emphasis on the Indian Legal System Ananya Sharma Student, Daulat Ram College, University of Delhi, Maurice Nagar, New Delhi, India Abstract: The question of morals in the legal sector is a matter of utmost importance and debate. The scope of this paper is to discuss

Law, Liberty, and Morality - JSTOR
Law, Liberty, and Morality H. L. A. Hart The use of the criminal law to enforce morality, in particular sexual morality, is the subject of this incisive book by one of England's ... American Science of Politics describes "the minimum benefits of politics as a civilized activity." Defending political actions against detractors who find

Joseph Raz Bibliography - Faculty of Law
Ethics in the Public Domain: Essays in the Morality of Law and Politics (Oxford University Press 1994) (Revised edition 1996) Spanish translation by Editorial Gedisa 2001 Chinese translation by Jiangsu People's Press 2007 6. Engaging Reason: On the Theory of Value and Action (Oxford University Press 1999) 7.

Law, Ethics, and Religion in the Public Square: Principles of
segments of the public sphere, including law and politics. As Professor Steven Smith has put it, this debate "centers on the claim that it is im-proper, or perhaps even unconstitutional, for government officials such ... MORALITY IN AMERICAN POLITICS (1991); MICHAEL J. PERRY, MORALITY, POLITICS, AND LAW: A BICENTENNIAL ESSAY (1988); Symposium ...

The subject of sovereignty. Law, politics and moral reasoning in …
The subject of sovereignty. Law, politics and moral reasoning in Hugo Grotius* Annabel Brett, Cambridge Introduction The genealogical turn taken by much of the best recent scholarship in the history of political thought has brought with it a new interest in the way that Hugo Grotius thinks about sovereign power.

MORALITY, LAW AND CONFLICTING REASONS FOR ACTION …
Cambridge Law Journal, 71(1), March 2012, pp. 59-85 doi: 10.1017/S0008197312000207 ARTICLES MORALITY, LAW AND CONFLICTING REASONS FOR ACTION Peter Cane* Abstract. In The Concept of Law, H.L.A. Hart suggested that four formal features of morality distinguish it from law: importance, immunity

On the Connection Between Law and Justice - Northwestern …
Northwestern University School of Law Scholarly Commons Faculty Working Papers 2011 On the Connection Between Law and Justice Anthony D'Amato Northwestern University School of Law, a-damato@law.northwestern.edu This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been ...

Law, Liberty, and Morality - JSTOR
Law, Liberty, and Morality H. L. A. Hart The use of the criminal law to enforce morality, in particular sexual morality, is the subject of this incisive book by one of England's ... American Science of Politics describes "the minimum benefits of politics as a civilized activity." Defending political actions against detractors who find

ARISTOTLE’S INFLUENCE ON THE NATURAL LAW THEORY …
40 Saint Thomas Aquinas, On Law, Morality and Politics (William Baumgarth and Richard Regan trans, Hackett, 1988) xiv. 41 Ibid xiv-xv. 42 Leiboff and Thomas, above n 7, 56. 43 Vilho Harle, Ideas of Social Order in the Ancient World (Greenwood Press, 1998) 99. ‘True Law’ is the equivalent of Aristotle’s Universal Law. 44 Ibid.

Ethics, Morals and International Law - European Journal of ...
plane of morality implies discussion on a generalizable, definable level, a level on which an actor can ascertain whether agreement exists or not. This is the level of morality, politics, law — the level of the social. It embraces a conception of ethics as shared operating principles, whether in the form of some Habermasian metaph or or in

Durham E-Theses What is the Rule of Law? - Durham University
an element of political morality into the nature of law; this inevitably aggravates . 1 J Raz, The Authority of Law: Essays on Law and Morality (Oxford, Clarendon Press, 1979) 212. ... the essential value of politics in holding the executive to account. It is argued that a political constitution is invaluable to the rule of law. A political ...

Plato, The Republic, Aristotle, The Politics, Thomas Aquinas, On Law ...
CoSaPT, Fall 2018 Plato, Republic Books VI-VII; Laws XI 918c-919d The first paper is assigned today, due next Wednesday (October 24) at 4:00. Tuesday, October 23 Plato, Republic Books VIII-IX to 576b; Laws III 693c-e, IV 713e-715d, VI 756e-758a, and IX 875a-d Thursday, October 25 Plato, Republic Book IX 576b through Book X Tuesday, October 30

THE MORAL BASIS OF THE LAW OF WAR - JSTOR
judged. Politics is a matter of morality and law, as well as of interest and power. And this is as true of interna tional as of internal politics. It follows that the politics of international law must consist not only of self-interested competition for the advantages to be gained from that law but also of

A Critique of Raz's Liberal Perfectionism: Morality and Politics
Morality and Politics JOSEPH RAZ HAS LONG BEEN WELL KNOWN AS A LEGAL philosopher and theorist of practical reason.1 But it is only in ... 1 J. Raz, The Authority of Law: Essays on Law and Morality , Oxford, Oxford University Press, 1979; Practical Reason and Norms, London, Hutchinson, 1979; 2nd edn.,

Truth, Politics, Morality - preterhuman.net
non-cognitivism in morality may be resisted and Schmitt’s challenge may be rejected as epistemologically faulty. Truth, Politics, Morality will be valuable reading for anyone with serious interests in liberalism, democracy, or truth.’ Henry Richardson, Georgetown University ‘Truth, Politics, Morality is a delight to read. It seems no easy ...

Honours Law and Politics - University of Windsor
students who started the Law & Politics program prior to Fall 2021; check the official requirements on the registrar website or speak with the Political Science academic advisor for your specific requirements. Please note: No more than fourteen 1000 level courses may count as credits toward your degree. ... PHIL-2260 Law, Punishment and Morality

Rousseau's thoughts on the Unity between Law and Morality in
author has found that up to now, Rousseau’s ideology on law and morality has still had many inherited values, contributing to enriching the theory of building a socialist rule of law State in Vietnam. Keywords: Rousseau ; law morality freedom. 1. Introduction Rousseau's ideology on politics and the rule of law

Legal Positivism as Normative Politics: International Society ...
402 EJIL 13 (2002), 401–436 1 Cited in this paper as Oppenheim, International Law, with particular edition and volume specified. 2 Aspects of the work’s evolution are considered in Janis, ‘The New Oppenheim and Its Theory of International Law’, 16 Oxford Journal of Legal Studies (1996) 329; and Reisman, ‘Lassa Oppenheim’s Nine Lives’, 19 Yale Journal of …

Law, Psychology & Morality - Northwestern University
4.1 Symbolic Politics 4.2 Group Identity 5. Conclusion 6. References . Law, Psychology & Morality 3 ... law and morality are bi-directional. Still, it is worth thinking about whether, and when, the causation will run as an initial matter in one direction versus the other.

Habermas’s Discourse Theory of Law and the Relationship
to politics or morality. Unlike Weber, law must be legitimated by the intersubjective agreement of all affected because the process of rationalization has also differentiated the objective, social (intersubjective), and subjective dimensions of the lifeworld. Habermas thus proposes a discourse theory of law to explain how rational ...

Natural Law, Theology, and Morality in Locke - JSTOR
Natural Law, Theology, and Morality in Locke Steven Forde University of North Texas Liberal theorists have always been ... from often religiously motivated critics of their new politics and morality. Locke himself denies that his philosophy relies only on narrow, mundane self-interest, and indeed claims other-wordly support for it. ...

Positivism and the Separation of Law and Morals, Fifty Years On
no necessary connection between law and morality. A few words of explication are merited regarding what ST is about. In Hartian guise it is a conceptual thesis about the nature of law, and not a the sis about the justification of law. It is, moreover, a thesis in which the rela tion between law and morality is at issue, rather than the nature ...

Politics, Law, and Morality - api.pageplace.de
v Foreword by Gary Saul Morson, vii Acknowledgments, xvii Introduction, xix 1 Christianity and Revolution, 1 2 Morality and Politics, 6 3 On the Christian State and Society, 20 4 The Social Question in Europe, 32 5 Nationality from a Moral Point of View, 37 6 The Significance of the State, 54 7 Sunday Letters, 65 I. A Family of Nations, 65 II. An Awakening of Conscience, 68

Law and Morality: A Kantian Perspective - JSTOR
law, turns to the theory of morality, then to the points of difference between law and morality and finally to the question whether law and morality in Kant represent aspects of a single theory of freedom. 5. See People v. Beardsley, 150 Mich. 206, 212-13, 113 N.W. 128, 1130-31 (1907) (The case criticizes the court in Regina v.

BALTIC JOURNAL OF LAW & POLITICS - VDU
BALTIC JOURNAL OF LAW & POLITICS A Journal of Vytautas Magnus University VOLUME 13, NUMBER 1 (2020) ISSN 2029-0454 Cit.: Baltic Journal of Law & Politics 13:1 (2020): 1-23 ... understand the key concepts in which our predominant political morality and our

Ethics, morality and the case for realist political theory
philosophically about politics from a particular ethical standpoint. 3 Realism on this reading does not set politics against ethics per se; instead it is an attempt to philosophise about politics without relying on understandings of morality which we have little reason to endorse. ****

Law, Morality, and the Relations of States. By Terry Nardin
330 THE JOURNAL OF POLITICS, VOL. 47, 1985 Law, Morality, and the Relations of States. By Terry Nardin. (Prince-ton, NJ: Princeton University Press, 1983. Pp. xii, 350. $35.00 ... attention to politics than most viewers feel they need or want" (p. 11). At the same time, he notes that only a fraction of a broadcast day is devoted ...

An Introduction to Law - Cambridge University Press & Assessment
McGlynn: Families and the European Union: Law, Politics and Pluralism Moffat: Trusts Law: Text and Materials Norrie: Crime, Reason and History O’Dair: Legal Ethics Oliver: Common Values and the Public-Private Divide ... 2 Law and morality 26 The social definition of law and morality 36 Morality and the law 45 ‘Crimes without victims’ 46 ...

Ethics and Law - Cambridge University Press & Assessment
1.2 A note on ethics and morality 11 1.3 Legal ethics and the law governing lawyers 17 2 Justifying principles of professional ethics 21 2.1 Can a good lawyer be a good person? 21 ... 6.2 Critical legal studies and the law–politics distinction 112 6.3 Civil disobedience and conscientious objection 115 6.4 Lawyers and injustice 120