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.

Show description

Read Online or Download Conflicts of Law and Morality (Clarendon Law Series) PDF

Best legal theory & systems books

Jules Coleman's Hart's Postscript: Essays on the Postscript to The Concept PDF

The Postscript to 'The notion of legislations' comprises Herbert Hart's simply sustained and regarded reaction to the objections made via his distinctive critic, Ronald Dworkin. during this remarkable assortment, an array of top felony philosophers evaluates the good fortune of Hart's responses to Dworkin.

Get Merciful Judgments and Contemporary Society: Legal Problems, PDF

Merciful Judgments in modern Society: criminal Problems/Legal chances explores the stress among law's desire for and dependence on merciful judgments and suspicions that frequently accompany them. instead of focusing totally on definitional questions or the longstanding debate concerning the ethical worthy and value of mercy, this ebook makes a speciality of mercy as part of, and challenge, for legislations.

An Introduction to the American Legal System by John M. Scheb PDF

An creation to the yank felony approach is a complete creation to legislation and the criminal strategy. It explains the evolution of yank legislations, its present constructions and approaches, and examines the most noticeable components of legislations, together with torts, contracts, civil method, legal legislations and strategy, and constitutional legislation.

Download e-book for iPad: Philosophical foundations of contract law by Gregory Klass, George Letsas, Prince Saprai

Within the final ten years, there was a revival of curiosity within the philosophical examine of agreement legislation. a lot of the dialogue relates again to Charles Fried's 1981 declare that agreement legislation is predicated at the philosophy of promise, producing what's this present day referred to as 'the agreement and promise debate'. This quantity faucets into this renewal of curiosity by way of bringing jointly major philosophers, felony theorists, and agreement attorneys to debate the philosophical foundations of this sector of legislation.

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

Sample text

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.

Download PDF sample

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

by Donald

Rated 4.83 of 5 – based on 41 votes