Download PDF by Kent Greenawalt: Conflicts of Law and Morality (Clarendon Law Series)

By Kent Greenawalt

ISBN-10: 0195058240

ISBN-13: 9780195058246

Strong emotion and pursuit of self-interest have again and again led humans to wreck the legislations with the assumption that they're doing so with sound ethical purposes. This learn, a complete philosophical and criminal research of the grey zone within which the principles of legislations and morality conflict, perspectives those indirect conditions from views: that of the individual that faces a potential clash among the claims of morality and legislation and needs to opt for even if to obey the penal code; and that of the folks who make and uphold legislation and needs to come to a decision even if to regard an individual with an ethical declare to disobey in a different way from traditional lawbreakers. In analyzing the level of the tasks owed by way of voters to their executive, Greenawalt concentrates at the attainable lifestyles of a unmarried resource of legal responsibility that reaches all voters and all legislation. He additionally discusses options of amelioration of punishment for conscientious lawbreakers, asking how a ways felony structures should still visit accommodate people who holiday the legislation for cause of sense of right and wrong. Drawing from quite a few examples of conflicts among legislations and morality, Greeawalt illustrates intimately the positions and predicaments of power lawbreakers and lawmakers alike.

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Extra resources for Conflicts of Law and Morality (Clarendon Law Series)

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4 This approach does not treat as moral aesthetic reasons, prudential reasons that concern self-interest,5 and duties to God that do not implicate one's treatment of others. 7 I reject any idea that the domain of morality involves only matters of great moment about which people do or should feel strongly. However social morality is divided from such normative social institutions as etiquette, the factors that people weigh in considering trivial choices often closely resemble those touching graver concerns.

22. The existence of police discretion is, as Chapter 15 indicates, somewhat more controversial. 23. Here I part company with any extreme "realist" position that legal requirements can be reduced to predictions about what officials will do if one acts in certain ways. 24. Although many rules of general application, such as the tort duty not to commit assault, apply to everyone, others, such as the duties of physicians, attach to particular positions that are entered voluntarily. As to some kinds of contracts, such as marriage and large employment contracts, the law dictates certain crucial terms.

The arguments themselves, however, proceed without reference to religious premises and are cast in terms of secular philosophical concepts, which I take as the appropriate mode of discourse for general discussions of proper public morality in modern liberal societies. Because the study mainly concerns choices between obedience and disobedience, the arguments emphasize the choice aspect of morality, but this selectivity is in no way meant to downplay the significance of appropriate moral dispositions.

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Conflicts of Law and Morality (Clarendon Law Series) by Kent Greenawalt


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