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Author: Norbert Paulo Publisher: Springer ISBN: 1137557346 Category : Philosophy Languages : en Pages : 251
Book Description
The law serves a function that is not often taken seriously enough by ethicists, namely practicability. A consequence of practicability is that law requires elaborated and explicit methodologies that determine how to do things with norms. This consequence forms the core idea behind this book, which employs methods from legal theory to inform and examine debates on methodology in applied ethics, particularly bioethics. It is argued that almost all legal methods have counterparts in applied ethics, which indicates that much can be gained from comparative study of the two. The author first outlines methods as used in legal theory, focusing on deductive reasoning with statutes as well as analogical reasoning with precedent cases. He then examines three representative kinds of contemporary ethical theories, Beauchamp and Childress’s principlism, Jonsen and Toulmin’s casuistry, and two versions of consequentialism—Singer’s preference utilitarianism and Hooker’s rule-consequentialism—with regards to their methods. These examinations lead to the Morisprudence Model for methods in applied ethics.
Author: Norbert Paulo Publisher: Springer ISBN: 1137557346 Category : Philosophy Languages : en Pages : 251
Book Description
The law serves a function that is not often taken seriously enough by ethicists, namely practicability. A consequence of practicability is that law requires elaborated and explicit methodologies that determine how to do things with norms. This consequence forms the core idea behind this book, which employs methods from legal theory to inform and examine debates on methodology in applied ethics, particularly bioethics. It is argued that almost all legal methods have counterparts in applied ethics, which indicates that much can be gained from comparative study of the two. The author first outlines methods as used in legal theory, focusing on deductive reasoning with statutes as well as analogical reasoning with precedent cases. He then examines three representative kinds of contemporary ethical theories, Beauchamp and Childress’s principlism, Jonsen and Toulmin’s casuistry, and two versions of consequentialism—Singer’s preference utilitarianism and Hooker’s rule-consequentialism—with regards to their methods. These examinations lead to the Morisprudence Model for methods in applied ethics.
Author: Annabelle Lever Publisher: Routledge ISBN: 1315461714 Category : Philosophy Languages : en Pages : 560
Book Description
What does it mean to do public policy ethics today? How should philosophers engage with ethical issues in policy-making when policy decisions are circumscribed by political and pragmatic concerns? How do ethical issues in public policy differ between areas such as foreign policy, criminal justice, or environmental policy? The Routledge Handbook of Ethics and Public Policy addresses all these questions and more, and is the first handbook of its kind. It is comprised of 41 chapters written by leading international contributors, and is organised into four clear sections covering the following key topics: Methodology: philosophical approaches to public policy, ethical expertise, knowledge, and public policy Democracy and public policy: identity, integration and inclusion: voting, linguistic policy, discrimination, youth policy, religious toleration, and the family Public goods: defence and foreign policy, development and climate change, surveillance and internal security, ethics of welfare, healthcare and fair trade, sovereignty and territorial boundaries, and the ethics of nudging Public policy challenges: criminal justice, policing, taxation, poverty, disability, reparation, and ethics of death policies. The Routledge Handbook of Ethics and Public Policy is essential reading for students and researchers in philosophy, politics, and social policy. It will be equally useful to those in related disciplines, such as economics and law, or professional fields, such as business administration or policy-making in general.
Author: Larry Alexander Publisher: Springer Nature ISBN: 3030228118 Category : Philosophy Languages : en Pages : 794
Book Description
This handbook consists of essays on contemporary issues in criminal law and their theoretical underpinnings. Some of the essays deal with the relationship between morality and criminalization. Others deal with criminalization in the context of specific crimes such as fraud, blackmail, and revenge pornography. The contributors also address questions of responsible agency such as the effects of addiction or insanity, and some deal with punishment, its mode and severity, and the justness of the state’s imposition of it. These chapters are authored by some of the most distinguished scholars in the fields of applied ethics, criminal law, and jurisprudence.
Author: Albert W. Musschenga Publisher: Routledge ISBN: 1351906348 Category : Philosophy Languages : en Pages : 285
Book Description
Legal and moral reasoning share much methodology, and they address similar problems. This volume charts two shared problems: the relation between theory, principles and particular judgments; and the role of facts and factual assertions in normative settings. The relation between 'theory' and 'practice' and between 'principle' and 'particular judgment' has become the subject of much debate in moral philosophy. In the ongoing debate, some moral philosophers refer to legal philosophy for a support of their views on the primacy of 'practice' over 'theory'. According to them, legal philosophy should have a more balanced view in that relation. In the contributions to Part One this claim is critically analysed. The role of the facts is underestimated in discussions on legal reasoning and legal theory, as well as moral reasoning and ethical theory. Factual statements enter into moral and legal discussions not only because they link the conclusion with a rule. They also play a role as background assumptions in supporting a theory. Its focus on the role of facts in normative reasoning makes this book of special interest to scholars of legal and moral argumentation.
Author: Michael Boylan Publisher: Springer Nature ISBN: 3030996921 Category : Philosophy Languages : en Pages : 251
Book Description
This book contains original essays that look at contagious/infectious disease pandemics and the ethical public policy and administration these have entailed. In particular, the pandemics of the 1918 flu pandemic, HIV in the 1990s, SARS in 2003, Ebola from 2014–2016 and the novel COVID-19 in 2020 are highlighted. The contributions in this work offer the reader insights in these and several other recent pandemics that present differently—either via contagion or mortality rate—and how each should be addressed by countries of various sorts. This book is a must for the ongoing debate on how we should treat public health crises, such as the one we have all just encountered in the novel COVID-19 pandemic.
Author: Alexander Max Bauer Publisher: Walter de Gruyter GmbH & Co KG ISBN: 3110613794 Category : Philosophy Languages : en Pages : 366
Book Description
Two questions often shape our view of the world. On the one hand, we ask what there is, on the other hand, we ask what there ought to be. Empirical research and normative theory, the methodological traditions concerned with these questions, entered a difficult relationship, from at least as early as around the time of the advent of modern sciences. To this day, there remains a strong separation between the two domains, with both tending to neglect discourses and results from the other. Contrary to a verdict of strict segregation between "is" and "ought," there are, nowadays, various attempts to integrate both theoretical approaches. This calls for a discourse on the relation between empirical research and normative theory. In this volume, scholars from different disciplines – including psychology, sociology, economics, and philosophy – discuss the possible desired or undesired influences on, and limits of, the integration of these two approaches.
Author: Ezgi Yildiz Publisher: Cambridge University Press ISBN: 1009100041 Category : Law Languages : en Pages : 275
Book Description
Explains why international courts underutilize their power and traces how this impacts international norms through legal and social science-based analyses.
Author: Adrian Walsh Publisher: Emerald Group Publishing ISBN: 1803824670 Category : Business & Economics Languages : en Pages : 160
Book Description
Who’s watching? Surveillance, big data and applied ethics in the digital age critically examines the ethical use of surveillance data through the lens of large institutions, including corporations or government agencies, particularly including the collection and use of big data sets.