the authority of law essays on law and morality

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The Authority Of Law

Author : Joseph Raz
ISBN : 9780199573561
Genre : Law
File Size : 23. 13 MB
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Raz begins by presenting an analysis of the concept of moral authority. He then develops a detailed explanation of the nature of law and legal systems. Within this framework Raz then examines the areas of legal thought that have been viewed as impregnated with moral values.

The Authority Of Law

Author : Joseph Raz
ISBN : 9780198254935
Genre : Law
File Size : 75. 11 MB
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This book is concerned with the nature of law and its relation to morality, concentrating on the proper moral attitude of a citizen towards the law of his country. The author begins by presenting a new analysis of the concept of legitimate authority and then gives a detailed explanation of the legal positivist's approach to law. Within this framework the author examines several areas where legal analysis is often thought to be impregnated with moral values, namely the social functions of law, the ideals of the rule of law, and the role of the courts. The last part of the book is devoted to some key substantive problems. The author argues that there is no obligation to obey the law. He provides a new analysis of respect for law, emphasizing its moral importance. The author maintains there is no right to civil disobedience in a liberal state (though actos of civil disobedience may occasionally be justified even in such a state) and he argues for a right of conscientious objection in certain areas.

Morality Authority And Law

Author : Stephen Darwall
ISBN : 9780199662586
Genre : Law
File Size : 38. 62 MB
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Stephen Darwall presents a series of essays that explore the Second-Person Standpoint (SPS)--an argument which advances an analysis of central moral concepts as irreducibly second personal in the sense of entailing mutual accountability and the authority to address demands. He illustrates the power of the second-personal framework to illuminate a wide variety of issues in moral, political, and legal philosophy. Section I concerns morality: for example,its distinctiveness among normative concepts, the relation between 'bipolar' obligations (owed to someone) and moral obligation period, and whether morality requires general principles. Section II focuses on autonomy, its relation to the will, and the sense in which we can give ourselves reasons for acting.And Section III concerns the nature of authority and the law. It argues that only a second-personal framework is able to explain these and the differences between criminal and civil law.

Between Authority And Interpretation

Author : Joseph Raz
ISBN : 9780191580345
Genre : Law
File Size : 56. 52 MB
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In this book Joseph Raz develops his views on some of the central questions in practical philosophy: legal, political, and moral. The book provides an overview of Raz's work on jurisprudence and the nature of law in the context of broader questions in the philosophy of practical reason. The book opens with a discussion of methodological issues, focusing on understanding the nature of jurisprudence. It asks how the nature of law can be explained, and how the success of a legal theory can be established. The book then addresses central questions on the nature of law, its relation to morality, the nature and justification of authority, and the nature of legal reasoning. It explains how legitimate law, while being a branch of applied morality, is also a relatively autonomous system, which has the potential to bridge moral differences among its subjects. Raz offers responses to some critical reactions to his theory of authority, adumbrating, and modifying the theory to meet some of them. The final part of the book brings together for the first time Raz's work on the nature of interpretation in law and the humanities. It includes a new essay explaining interpretive pluralism and the possibility of interpretive innovation. Taken together, the essays in the volume offer a valuable introduction for students coming for the first time to Raz's work in the philosophy of law, and an original contribution to many of the current debates in practical philosophy.

Ethics In The Public Domain

Author : Joseph Raz
ISBN : 9780198260691
Genre : Philosophy
File Size : 73. 24 MB
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In the past twenty years Joseph Raz has consolidated his reputation as one of the most acute, inventive, and energetic scholars currently at work in analytic moral and political theory. This new collection of essays forms a representative selection of his most significant contributions to a number of important debates, including the extent of political duty and obligation, and the issue of self-determination. He also examines aspects of the common (and ancient) theme of the relations between law and morality. This volume of essays, available in one volume for the first time, will be essential to legal philosophers and political theorists.

Practical Reason And Norms

Author : Joseph Raz
ISBN : 9780191018589
Genre : Philosophy
File Size : 34. 98 MB
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Practical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to perform the required act and an exclusionary reason not to follow some competing reasons. Exclusionary reasons are explained, and used to unlock the secrets of orders, promises, and decisions as well as rules. Games are used to exemplify normative systems. Inevitably, the analysis extends to some aspects of normative discourse, which is truth-apt, but with a diminished assertoric force.

The Autonomy Of Law

Author : Robert P. George
ISBN : 0198267908
Genre : Law
File Size : 44. 63 MB
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This collection of original essays from distinguished legal philosophers offers a challenging assessment of the nature and viability of legal positivism, an approach to legal theory that continues to dominate contemporary legal theoretical debates. To what extent is the law adequately described as autonomous? Should legal theorists maintain a conceptual separation of law and morality? These and other questions are addressed by the authors of this carefully edited collection, which will beof interest to all lawyers and scholars interested in legal philosophy.

Authority

Author : Joseph Raz
ISBN : 9780814774151
Genre : Political Science
File Size : 75. 39 MB
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Is New York a post-secular city? Massive immigration and cultural changes have created an increasingly complex social landscape in which religious life plays a dynamic role. Yet the magnitude of religion's impact on New York's social life has gone unacknowledged. New York Glory gathers together for the first time the best research on religion in contemporary New York City. It includes contributors from every major research project on religion in New York to provide a comprehensive look at the current state of religion in the city. Moving beyond broad surveys into specific case studies of communities and institutions, it provides a window onto the diversity of religious life in New York. From Italian Catholics, Mormons, Muslims, and Russian Jews to Zen Buddhists, Rastafarians, and Pentecostal Latinas, New York Glory both captures the richness of religious life in New York City and provides an important foundation for our understanding of the current and future shape of religion in America.

Is There A Duty To Obey The Law

Author : Christopher Wellman
ISBN : 9781316582961
Genre : Philosophy
File Size : 66. 43 MB
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The central question in political philosophy is whether political states have the right to coerce their constituents and whether citizens have a moral duty to obey the commands of their state. In this 2005 book, Christopher Heath Wellman and A. John Simmons defend opposing answers to this question. Wellman bases his argument on samaritan obligations to perform easy rescues, arguing that each of us has a moral duty to obey the law as his or her fair share of the communal samaritan chore of rescuing our compatriots from the perils of the state of nature. Simmons counters that this, and all other attempts to explain our duty to obey the law, fail. He defends a position of philosophical anarchism, the view that no existing state is legitimate and that there is no strong moral presumption in favor of obedience to, or compliance with, any existing state.

The Authority Of The State

Author : Leslie Green
ISBN : 0198273134
Genre : Authority
File Size : 57. 19 MB
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The modern state claims supreme authority over the lives of all its citizens. Drawing together political philosophy, jurisprudence, and public choice theory, this book forces the reader to reconsider some basic assumptions about the authority of the state. Various popular and influential theories - conventionalism, contractarianism, and communitarianism - are assessed by the author and found to fail. Leslie Green argues that only the consent of the governed can justify the state's claims to authority. While he denies that there is a general obligation to obey the law, he nonetheless rejects philosophical anarchism and defends civility - the willingness to tolerate some imperfection in institutions - as a political virtue.

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