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Author: David Richards Publisher: Rowman & Littlefield ISBN: 9780847675258 Category : Law Languages : en Pages : 334
Book Description
Among the most commonly argued legal questions are those involving "victimless" crimes--consensual adult sexual relations (including homosexuality and prostitution), the use of drugs, and the right to die. How can they be distinguished from proper crimes, and how can we, as citizens, judge the complex moral and legal issues that such questions entail? David Richards, a teacher of law in the areas of constitutional and criminal law, and a moral and legal philosopher concerned with the investigation of legal concepts, applies an interdisciplinary approach to the question of overcriminalization, he draws on legal and philosophical arguments and links the subject to history, psychology, social science, and literature. To demonstrate how gross and unjust overcriminalization has developed, Professor Richards explores basic assumptions that often underlie the common American sense of proper criminalization.
Author: David Richards Publisher: Rowman & Littlefield ISBN: 9780847675258 Category : Law Languages : en Pages : 334
Book Description
Among the most commonly argued legal questions are those involving "victimless" crimes--consensual adult sexual relations (including homosexuality and prostitution), the use of drugs, and the right to die. How can they be distinguished from proper crimes, and how can we, as citizens, judge the complex moral and legal issues that such questions entail? David Richards, a teacher of law in the areas of constitutional and criminal law, and a moral and legal philosopher concerned with the investigation of legal concepts, applies an interdisciplinary approach to the question of overcriminalization, he draws on legal and philosophical arguments and links the subject to history, psychology, social science, and literature. To demonstrate how gross and unjust overcriminalization has developed, Professor Richards explores basic assumptions that often underlie the common American sense of proper criminalization.
Author: John Hittinger Publisher: Lexington Books ISBN: 9780739104125 Category : Philosophy Languages : en Pages : 344
Book Description
Twentieth-century French philosophers Jacques Maritain and Yves R. Simon pioneered new approaches to understanding and defending political democracy in the wake of two world wars. Rather than break from a religious tradition that seemed to struggle against modernity and certain forms of democratic theory and practice, these thinkers instead looked back to the philosophy of Aristotle and Thomas Aquinas to propel Catholic political philosophy forward. The profound influence of Maritain and Simon is manifest in the dramatic achievements of Vatican II and in the work of the scholars of political philosophy who learned from them. John P. Hittinger, one of the finest of these scholars, provides in Liberty, Wisdom, and Grace a comprehensive survey of the Thomists' contributions to contemporary political thought as well as a detailed analysis of their approach to democracy. Hittinger treats criticism of Maritain, including the work of Catholic political writer Aurel Kolnai, and discusses the alternative democratic visions of John Locke and David Richards. His portraits of thinkers who have wrestled with democracy in the Thomist tradition, such as Leo Strauss and John Paul II, are sensitive and engaging. Addressing questions of religion and philosophy broadly understood, the essays collected here offer a searching examination of democratic theory in the modern age.
Author: Carole Pateman Publisher: John Wiley & Sons ISBN: 074568033X Category : Social Science Languages : en Pages : 280
Book Description
Carole Pateman is one of the foremost political theorists writing in English today. In this outstanding new work, she presents a major reinterpretation of modern political theory. She shows how standard discussions of social contract theory tell only half the story. The sexual contract which establishes modern patriarchy and the political right of men over women is never mentioned. In a wide-ranging and scholarly discussion, Pateman examines the significance of the political fictions of the original contract and the slave contract. She also offers a sweeping challenge to conventional understandings - of both left and right - of actual contracts in everyday life: the marriage contract, the employment contract, the prostitution contract and the new surrogacy contract. By bringing a feminist perspective to bear on the contradictions and paradoxes surrounding women and contract and the relation between the sexes, she is able to shed new light on the fundamental problems of freedom and subordination. The Sexual Contract will become a classic text in the politics of gender and will be of major interest to students of social and political theory and philosophy, women's studies, sociology and jurisprudence.
Author: Douglas Husak Publisher: Oxford University Press ISBN: 0198043996 Category : Philosophy Languages : en Pages : 244
Book Description
The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.
Author: Linda R. Hirshman Publisher: Oxford University Press, USA ISBN: 0195134206 Category : Law Languages : en Pages : 321
Book Description
Men and women have always bargained for sex. In this controversial new book, philosopher-lawyer Linda Hirshman and legal historian Jane Larson provide the first comprehensive look at the politics of heterosexual sex in the West, from Hammurabi's Code to Monica Lewinsky. Starting with an essential summary of the roots of Western sex in the ancient near East and early modern Europe, the book quickly focuses on the history of the sexual regulation in America, which it describes in unprecedented detail. Hard Bargains also offers surprisingly workable proposals for a new sexual order--rape laws replaced by laws of sexual autonomy, adultery subjected to breach of contract action, prostitution considered an unfair labor practice. Hard Bargains takes a forthright and level-headed look at all aspects of one of the biggest controversies in contemporary American society--heterosexual sex--and delivers a radically new perspective on the sexual lives of women and men.
Author: Edward Stein Publisher: Oxford University Press, USA ISBN: 0195142446 Category : Political Science Languages : en Pages : 406
Book Description
In recent years, scientific research & popular opinion have favoured the idea that sexual orientations are determined at birth, but Edward Stein argues that this may be wrong. This book offers an examination of contemporary thinking on this issue.
Author: Rob Lovering Publisher: Springer Nature ISBN: 303075863X Category : Philosophy Languages : en Pages : 414
Book Description
Is prostitution immoral? In this book, Rob Lovering argues that it is not. Offering a careful and thorough critique of the many—twenty, to be exact—arguments for prostitution's immorality, Lovering leaves no claim unchallenged. Drawing on the relevant literature along with his own creative thinking, Lovering offers a clear and reasoned moral defense of the world's oldest profession. Lovering demonstrates convincingly, on both consequentialist and nonconsequentialist grounds, that there is nothing immoral about prostitution between consenting adults. The legal implications of this view are also brought to bear on the current discourse surrounding this controversial topic.
Author: Rob Lovering Publisher: Springer ISBN: 1137528680 Category : Philosophy Languages : en Pages : 196
Book Description
Why does American law allow the recreational use of some drugs, such as alcohol, tobacco, and caffeine, but not others, such as marijuana, cocaine, and heroin? The answer lies not simply in the harm the use of these drugs might cause, but in the perceived morality—or lack thereof—of their recreational use. Despite strong rhetoric from moral critics of recreational drug use, however, it is surprisingly difficult to discern the reasons they have for deeming the recreational use of (some) drugs morally wrong. In this book, Rob Lovering lays out and dissects various arguments for the immorality of using marijuana, cocaine, heroin, and other drugs recreationally. He contends that, by and large, these arguments do not succeed. Lovering’s book represents one of the first works to systematically present, analyze, and critique arguments for the moral wrongness of recreational drug use. Given this, as well as the popularity of the morality-based defense of the United States’ drug laws, this book is an important and timely contribution to the debate on the recreational use of drugs.
Author: Nicholas Bamforth Publisher: A&C Black ISBN: 1441188495 Category : History Languages : en Pages : 320
Book Description
Against the background of the law reform debates around sexuality in Britain and America, Bamforth examines what functions it is legitimate for the law to serve and how effective law can be in achieving social goals. He provides a new and cogent argument for protecting lesbian and gay rights through law, but is sceptical about how useful law can be in eradicating discriminatory social practices. This work sheds new light on the equal rights debate and raises issues of central importance to the role of law in society.
Author: Pablo De Greiff Publisher: Cornell University Press ISBN: 1501721216 Category : Social Science Languages : en Pages : 228
Book Description
Society's drug problem will persist, and debates over how to solve it will continue, getting nowhere, until we define our terms. This book is an effort to do just that—to parse the legal, moral, and philosophical underpinnings for any discussion of drug policy. Does liberal political theory, with its commitment to individual freedom, offer any guidance in the matter of drugs, particularly regarding their legal status? Do the commitments that citizens of liberal democracies make—commitments to ideals such as rationality, equality, justice, and democratic forms of decision-making—have implications for drug policy? These are the questions addressed in this volume, which explores the possibilities and limitations of philosophical reflection on this pressing, practical social issue.The authors, distinguished political and legal philosophers, search out the justification of policies that manage problems of drug consumption and social disintegration, but do so in keeping with the moral and political commitments of a liberal democratic society. Their subjects range from the rationality or irrationality of drug consumption to the scope of liberty; from the proper aims of legislation to the rhetoric of the war on drugs, particularly as deployed by former "Drug Czar" William Bennett.
Author: David Richards
Author: David Richards
Author: John Hittinger
Author: Carole Pateman
Author: Douglas Husak
Author: Linda R. Hirshman
Author: Edward Stein
Author: Rob Lovering
Author: Rob Lovering
Author: Nicholas Bamforth
Author: Pablo De Greiff