Author: Cathleen Kaveny Publisher: Georgetown University Press ISBN: 1589019334 Category : Religion Languages : en Pages : 306
Book Description
Can the law promote moral values even in pluralistic societies such as the United States? Drawing upon important federal legislation such as the Americans with Disabilities Act, legal scholar and moral theologian Cathleen Kaveny argues that it can. In conversation with thinkers as diverse as Thomas Aquinas, Pope John Paul II, and Joseph Raz, she argues that the law rightly promotes the values of autonomy and solidarity. At the same time, she cautions that wise lawmakers will not enact mandates that are too far out of step with the lived moral values of the actual community. According to Kaveny, the law is best understood as a moral teacher encouraging people to act virtuously, rather than a police officer requiring them to do so. In Law’s Virtues Kaveny expertly applies this theoretical framework to the controversial moral-legal issues of abortion, genetics, and euthanasia. In addition, she proposes a moral analysis of the act of voting, in dialogue with the election guides issued by the US bishops. Moving beyond the culture wars, this bold and provocative volume proposes a vision of the relationship of law and morality that is realistic without being relativistic and optimistic without being utopian.
Author: Cathleen Kaveny Publisher: Georgetown University Press ISBN: 1589019326 Category : Law Languages : en Pages : 306
Book Description
Can the law promote moral values even in pluralistic societies such as the United States? Drawing upon important federal legislation such as the Americans with Disabilities Act, legal scholar and moral theologian Cathleen Kaveny argues that it can. In conversation with thinkers as diverse as Thomas Aquinas, Pope John Paul II, and Joseph Raz, she argues that the law rightly promotes the values of autonomy and solidarity. At the same time, she cautions that wise lawmakers will not enact mandates that are too far out of step with the lived moral values of the actual community. According to Kaveny, the law is best understood as a moral teacher encouraging people to act virtuously, rather than a police officer requiring them to do so. In Law’s Virtues Kaveny expertly applies this theoretical framework to the controversial moral-legal issues of abortion, genetics, and euthanasia. In addition, she proposes a moral analysis of the act of voting, in dialogue with the election guides issued by the US bishops. Moving beyond the culture wars, this bold and provocative volume proposes a vision of the relationship of law and morality that is realistic without being relativistic and optimistic without being utopian.
Author: Julia Annas Publisher: Oxford University Press ISBN: 0198755740 Category : Law Languages : en Pages : 243
Book Description
Julia Annas explores how Plato's account of the relation of virtue to law developed, and how his ideas were taken up by Cicero and by Philo of Alexandria. She shows that, rather than rejecting the account given in his Republic, Plato develops in the Laws a more careful and sophisticated version of that account.
Author: J. Mark Ramseyer Publisher: University of Chicago Press ISBN: 022628204X Category : Law Languages : en Pages : 296
Book Description
It’s long been known that Japanese file fewer lawsuits per capita than Americans do. Yet explanations for the difference have tended to be partial and unconvincing, ranging from circular arguments about Japanese culture to suggestions that the slow-moving Japanese court system acts as a deterrent. With Second-Best Justice, J. Mark Ramseyer offers a more compelling, better-grounded explanation: the low rate of lawsuits in Japan results not from distrust of a dysfunctional system but from trust in a system that works—that sorts and resolves disputes in such an overwhelmingly predictable pattern that opposing parties rarely find it worthwhile to push their dispute to trial. Using evidence from tort claims across many domains, Ramseyer reveals a court system designed not to find perfect justice, but to “make do”—to adopt strategies that are mostly right and that thereby resolve disputes quickly and economically. An eye-opening study of comparative law, Second-Best Justice will force a wholesale rethinking of the differences among alternative legal systems and their broader consequences for social welfare.
Author: Thomas E. Hill Jr. Publisher: Oxford University Press ISBN: 0199692009 Category : Philosophy Languages : en Pages : 383
Book Description
Thomas E. Hill, Jr., interprets and extends Kant's moral theory in a series of essays that highlight its relevance to contemporary ethics. He introduces the major themes of Kantian ethics and explores its practical application to questions about revolution, prison reform, and forcible interventions in other countries for humanitarian purposes.
Author: Philo Publisher: DigiCat ISBN: Category : Fiction Languages : en Pages : 93
Book Description
An ancient Roman history text, translated by Charles Yonge, and written by the Greek philosopher Philo of Alexandria. The Embassy to Gaius was a meeting between Gaius Caligula, the then Roman Emperor, and a large contingent of Jews. They wished to overturn Gaius' plans to have a huge statue of Zeus installed in the temple. Gaius' hatred of the Jews is legendary. This book is important because it helps to understand the relations between Jews and Romans in the first century A.D.
Author: Amalia Amaya Publisher: Routledge ISBN: 1000029271 Category : Law Languages : en Pages : 191
Book Description
This book gathers together leading voices in virtue theory—an increasingly influential aspect of legal theory in the 21st century—to take stock of virtue jurisprudence’s evolution and suggest ways in which this approach can be further developed. The contributions address the three main axes along which virtue jurisprudence has unfolded in the past decades: the quest to provide a suitable virtue-based foundation for the law (in general) or for some aspects of it (in particular, but not exclusively, criminal law); the investigation of the role played by character traits in legal decision-making; and the investigation of how the law can be part of a virtuous life. As will become apparent for readers of this volume, those lines are converging and, as they do so, a general virtue-based approach to the study of law is starting to emerge. Crucial in addressing problems with legal experience for which the resources of traditional legal theory are insufficient, this book’s investigation of virtue theory and virtue jurisprudence will be of interest to all of those studying legal decision-making and the philosophy of law, as well as those studying virtue ethics more widely. It was originally published as a special issue of Jurisprudence.
Author: Adrian Vermeule Publisher: Harvard University Press ISBN: 0674974719 Category : Law Languages : en Pages : 267
Book Description
Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.
Author: C. Farrelly Publisher: Springer ISBN: 1349600733 Category : Philosophy Languages : en Pages : 276
Book Description
This book is the first authoritative text on virtue jurisprudence - the belief that the final end of law is not to maximize preference satisfaction or protect certain rights and privileges, but to promote human flourishing. Scholars of law, philosophy and politics illustrate here the value of the virtue ethics tradition to modern legal theory.
Author: Yves Dezalay Publisher: University of Chicago Press ISBN: 9780226144238 Category : Business & Economics Languages : en Pages : 364
Book Description
With examples from England, the United States, Sweden, Egypt, Hong Kong, and many other countries, Dezalay and Garth explore how international developments in turn transform domestic methods for handling disputes. Finally, they analyze the changing prospects for international business dispute resolution given the growing presence of international market and regulatory institutions such as the EEC, NAFTA, and the World Trade Organization.
Author: Cathleen Kaveny
Author: Cathleen Kaveny
Author: Julia Annas
Author: J. Mark Ramseyer
Author: Thomas E. Hill Jr.
Author: Philo
Author: Amalia Amaya
Author: Adrian Vermeule
Author: C. Farrelly
Author: Yves Dezalay