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Author: Mark Osiel Publisher: Harvard University Press ISBN: 0674240200 Category : Law Languages : en Pages : 513
Book Description
Common morality—in the form of shame, outrage, and stigma—has always been society’s first line of defense against ethical transgressions. Social mores crucially complement the law, Mark Osiel shows, sparing us from oppressive formal regulation. Much of what we could do, we shouldn’t—and we don’t. We have a free-speech right to be offensive, but we know we will face outrage in response. We may declare bankruptcy, but not without stigma. Moral norms constantly demand more of us than the law requires, sustaining promises we can legally break and preventing disrespectful behavior the law allows. Mark Osiel takes up this curious interplay between lenient law and restrictive morality, showing that law permits much wrongdoing because we assume that rights are paired with informal but enforceable duties. People will exercise their rights responsibly or else face social shaming. For the most part, this system has worked. Social order persists despite ample opportunity for reprehensible conduct, testifying to the decisive constraints common morality imposes on the way we exercise our legal prerogatives. The Right to Do Wrong collects vivid case studies and social scientific research to explore how resistance to the exercise of rights picks up where law leaves off and shapes the legal system in turn. Building on recent evidence that declining social trust leads to increasing reliance on law, Osiel contends that as social changes produce stronger assertions of individual rights, it becomes more difficult to depend on informal tempering of our unfettered freedoms. Social norms can be indefensible, Osiel recognizes. But the alternative—more repressive law—is often far worse. This empirically informed study leaves little doubt that robust forms of common morality persist and are essential to the vitality of liberal societies.
Author: Mark Osiel Publisher: Harvard University Press ISBN: 0674240200 Category : Law Languages : en Pages : 513
Book Description
Common morality—in the form of shame, outrage, and stigma—has always been society’s first line of defense against ethical transgressions. Social mores crucially complement the law, Mark Osiel shows, sparing us from oppressive formal regulation. Much of what we could do, we shouldn’t—and we don’t. We have a free-speech right to be offensive, but we know we will face outrage in response. We may declare bankruptcy, but not without stigma. Moral norms constantly demand more of us than the law requires, sustaining promises we can legally break and preventing disrespectful behavior the law allows. Mark Osiel takes up this curious interplay between lenient law and restrictive morality, showing that law permits much wrongdoing because we assume that rights are paired with informal but enforceable duties. People will exercise their rights responsibly or else face social shaming. For the most part, this system has worked. Social order persists despite ample opportunity for reprehensible conduct, testifying to the decisive constraints common morality imposes on the way we exercise our legal prerogatives. The Right to Do Wrong collects vivid case studies and social scientific research to explore how resistance to the exercise of rights picks up where law leaves off and shapes the legal system in turn. Building on recent evidence that declining social trust leads to increasing reliance on law, Osiel contends that as social changes produce stronger assertions of individual rights, it becomes more difficult to depend on informal tempering of our unfettered freedoms. Social norms can be indefensible, Osiel recognizes. But the alternative—more repressive law—is often far worse. This empirically informed study leaves little doubt that robust forms of common morality persist and are essential to the vitality of liberal societies.
Author: Scott Hershovitz Publisher: Harvard University Press ISBN: 0674294866 Category : Law Languages : en Pages : 257
Book Description
A powerful argument for the essential role of morality in law, getting at the heart of key debates in public life. What is law? And how does it relate to morality? It’s common to think that law and morality are different ways of regulating our lives. But Scott Hershovitz says that this is a mistake: law is a part of our moral lives. It’s a tool we use to adjust our moral relationships. The legal claims we advance in court, Hershovitz argues, are moral claims. And our legal conflicts are moral conflicts. Law Is a Moral Practice supplies fresh answers to fundamental questions about the nature of law and helps us better appreciate why we disagree about law so deeply. Reviving a neglected tradition of legal thought most famously associated with Ronald Dworkin, Hershovitz engages with important legal and political controversies of our time, including recent debates about constitutional interpretation and the obligations of citizens and officials to obey the law. Leavened by entertaining personal stories, guided by curiosity rather than ideology, moving beyond entrenched dichotomies like the opposition between positivism and natural law, Law Is a Moral Practice is a thought-provoking investigation of the philosophical issues behind real-world legal debates.
Author: Raymond Wacks Publisher: OUP Oxford ISBN: 9780199214969 Category : Law Languages : en Pages : 192
Book Description
Law touches every aspect of our daily lives, and yet the main concepts, terms, and processes of the legal system remain obscure to many. This Very Short Introduction provides a clear, jargon-free account of modern legal systems, explaining how the law works both in the Western tradition and around the world.
Author: Scott Hershovitz Publisher: Harvard University Press ISBN: 067425855X Category : Law Languages : en Pages : 257
Book Description
What is law, and why does it matter? Scott Hershovitz says that law is a moral practice--a tool for adjusting our moral relations. This claim is simple on its face, but it has stark implications for the rule of law. At once erudite and entertaining, Hershovitz's argument engages with the most important legal and political controversies of our time.
Author: James H. Fierberg Publisher: American Bar Association ISBN: 9781641058308 Category : Legal ethics Languages : en Pages : 210
Book Description
While new law school graduates are pretty well versed in black letter law, they often lack the interpersonal and psychological skills that are imperative to a successful legal career. This book challenges the new lawyer to view themselves through the lens of their colleagues and clients and also to be aware of the basic behavioral norms that are the basis of a successful practice.
Author: Ronald Dworkin Publisher: OUP Oxford ISBN: 0198265573 Category : Law Languages : en Pages : 438
Book Description
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.
Author: Scott Hershovitz Publisher: Penguin ISBN: 1984881825 Category : Philosophy Languages : en Pages : 385
Book Description
An NPR Best Book of 2022 * One of Christian Science Monitor's 10 best books of May “This amazing new book . . . takes us on a journey through classic and contemporary philosophy powered by questions like ‘What do we have the right to do? When is it okay to do this or that?’ They explore punishment and authority and sex and gender and race and the nature of truth and knowledge and the existence of God and the meaning of life and Scott just does an incredible job.” —Ryan Holiday, The Daily Stoic Some of the best philosophers in the world gather in surprising places—preschools and playgrounds. They debate questions about metaphysics and morality, even though they’ve never heard the words and perhaps can’t even tie their shoes. They’re kids. And as Scott Hershovitz shows in this delightful debut, they’re astoundingly good philosophers. Hershovitz has two young sons, Rex and Hank. From the time they could talk, he noticed that they raised philosophical questions and were determined to answer them. They re-created ancient arguments. And they advanced entirely new ones. That’s not unusual, Hershovitz says. Every kid is a philosopher. Following an agenda set by Rex and Hank, Hershovitz takes us on a fun romp through classic and contemporary philosophy, powered by questions like, Does Hank have the right to drink soda? When is it okay to swear? and, Does the number six exist? Hershovitz and his boys take on more weighty issues too. They explore punishment, authority, sex, gender, race, the nature of truth and knowledge, and the existence of God. Along the way, they get help from professional philosophers, famous and obscure. And they show that all of us have a lot to learn from listening to kids—and thinking with them. Hershovitz calls on us to support kids in their philosophical adventures. But more than that, he challenges us to join them so that we can become better, more discerning thinkers and recapture some of the wonder kids have at the world.
Author: Arthur Ripstein Publisher: Harvard University Press ISBN: 0674659805 Category : Law Languages : en Pages : 328
Book Description
Chapter 8. Remedies, Part 1: As If It Had Never Happened -- Chapter 9. Remedies, Part 2: Before a Court -- Chapter 10. Conclusion: Horizontal and Vertical -- Index
Author: Raymond Wacks Publisher: OUP Oxford ISBN: 0191510637 Category : Law Languages : en Pages : 169
Book Description
The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Author: John Oberdiek Publisher: ISBN: 0198701381 Category : Law Languages : en Pages : 464
Book Description
This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.
Author: Mark Osiel
Author: Mark Osiel
Author: Scott Hershovitz
Author: Raymond Wacks
Author: Scott Hershovitz
Author: James H. Fierberg
Author: Ronald Dworkin
Author: Scott Hershovitz
Author: Arthur Ripstein
Author: Raymond Wacks
Author: John Oberdiek