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 : 84. 18 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.

Morality Authority And Law

Author : Stephen Darwall
ISBN : 9780199662586
Genre : Law
File Size : 25. 24 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 : 75. 57 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 : 30. 28 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.

Law And Morality

Author : KennethEinar Himma
ISBN : 9781351560801
Genre : Law
File Size : 21. 32 MB
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This volume collects many of the key essays exploring the possible relationships between the concepts of law and morality, a central concern of contemporary philosophizing about law. It is organized around five conceptual issues: classical natural law theory; legal positivism's separability thesis; Ronald Dworkin's constructive interpretivism; inclusive legal positivism's assertion that there can be legal systems with moral criteria of legality; and the relevance of morality and moral theorizing in theorizing about the concept of law and associated legal concepts. Each of the essays makes an important contribution toward addressing these issues.

Authority

Author : Joseph Raz
ISBN : 9780814774151
Genre : Political Science
File Size : 35. 27 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.

The Morality Of Freedom

Author : Joseph Raz
ISBN : 9780198248071
Genre : Philosophy
File Size : 31. 81 MB
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Winner of the W.J.M. Mackenzie Prize awarded by the Political Studies Association 1987, and the Elaine and David Spitz Prize for the best book on liberal or democratic theory. 'as significant a new statement of liberal principles as anything since Mill's On Liberty.' Times Literary Supplement

The Autonomy Of Law

Author : Robert P. George
ISBN : 0198267908
Genre : Law
File Size : 83. 61 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.

Practical Reason And Norms

Author : Joseph Raz
ISBN : 9780191018589
Genre : Philosophy
File Size : 34. 25 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.

Harmful Thoughts

Author : Meir Dan-Cohen
ISBN : 1400825059
Genre : Philosophy
File Size : 56. 66 MB
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In these writings by one of our most creative legal philosophers, Meir Dan-Cohen explores the nature of the self and its response to legal commands and mounts a challenge to some prevailing tenets of legal theory and the neighboring moral, political, and economic thought. The result is an insider's critique of liberalism that extends contemporary liberalism's Kantian strand, combining it with postmodernist ideas about the contingent and socially constructed self to build a thoroughly original perspective on some of the most vital concerns of legal and moral theory. Dan-Cohen looks first at the ubiquity of legal coercion and considers its decisive impact on the nature of legal discourse and communication, on law's normative aspirations and claim to obedience, and on the ideal of the rule of law. He moves on to discuss basic values, stressing the preeminence of individual identity and human dignity over the more traditional liberal preoccupations with preference-based choice and experiential harm. Dan-Cohen then focuses more directly on the normative ramifications of the socially constructed self. Fundamental concepts such as responsibility and ownership are reinterpreted to take account of the constitutive role that social practices--particularly law and morality--play in the formation of the self. Throughout, Dan-Cohen draws on a uniquely productive mix of philosophical traditions and subjects, blending the methods of analytic philosophy with the concerns of Continental philosophers to reconceive the self and its relation to ethics and the law.

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