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Retributivism and Legal Moralism

Ratio Juris 25 (4):496-512 (2012)

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  1. Philosophical explanations.Robert Nozick - 1981 - Cambridge: Harvard University Press.
    Nozick analyzes fundamental issues, such as the identity of the self, knowledge and skepticism, free will, the foundations of ethics, and the meaning of life.
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  • Liberal individualism and liberal neutrality.Will Kymlicka - 1989 - Ethics 99 (4):883-905.
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  • The Possibility of Cooperation.Michael Taylor - 1987 - Cambridge University Press.
    This 1987 book offers a critique of the liberal theory of the state, focusing on a detailed study of cooperation in the absence of the state and of other kinds of coercion. The discussion includes an analysis of collective action and of the Prisoners' Dilemma supergame. It is a revised and expanded edition of the author's classic work of rational choice theory Anarchy and Cooperation, originally published with John Wiley in 1976. The analysis has been recast and developed here to (...)
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  • Law’s Empire.Ronald Dworkin - 1986 - Harvard University Press.
    In this reprint of Law's Empire,Ronald Dworkin reflects on the nature of the law, its given authority, its application in democracy, the prominent role of interpretation in judgement, and the relations of lawmakers and lawgivers to the community on whose behalf they pronounce. For that community, Law's Empire provides a judicious and coherent introduction to the place of law in our lives.Previously Published by Harper Collins. Reprinted (1998) by Hart Publishing.
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  • (4 other versions)Political Liberalism.J. Rawls - 1995 - Tijdschrift Voor Filosofie 57 (3):596-598.
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  • Social Justice in the Liberal State.Bruce Ackerman - 1980 - Yale University Press.
    Offers a compelling vision of how to achieve and conduct a liberal but democratic society through the ideal of Neutrality--between people and ideas of the good--and using the tool of Neutral dialogue.
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  • Political Liberalism.John Rawls - 1993 - Columbia University Press.
    This book continues and revises the ideas of justice as fairness that John Rawls presented in _A Theory of Justice_ but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines--religious, philosophical, and moral--coexist within the (...)
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  • (1 other version)Placing blame: a theory of the criminal law.Michael S. Moore - 1997 - New York: Oxford University Press.
    Originally published: Oxford: Clarendon, 1997.
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  • Law as justice.Michael S. Moore - 2001 - Social Philosophy and Policy 18 (1):115-145.
    A perennial question of jurisprudence has been whether there is a relationship between law and morality. Those who believe that there is no such relationship are known as while those who hold that some such relationship exists are usually tagged with the label Unfortunately, the latter phrase has been used in quite divergent senses. Sometimes it is used to designate any objectivist position about morality; as often, it labels the view that human nature determines what is objectively good or right; (...)
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  • (1 other version)The moral limits of the criminal law.Joel Feinberg - 1984 - New York: Oxford University Press.
    In this volume, Feinberg focuses on the meanings of "interest," the relationship between interests and wants, and the distinction between want-regarding and ideal-regarding analyses on interest and hard cases for the applications of the concept of harm. Examples of the "hard cases" are harm to character, vicarious harm, and prenatal and posthumous harm. Feinberg also discusses the relationship between harm and rights, the concept of a victim, and the distinctions of various quantitative dimensions of harm, consent, and offense, including the (...)
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  • The moral limits of the criminal Law.Joël Feinberg - 1984 - Revue de Métaphysique et de Morale 93 (2):279-279.
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  • Liberalism, Community, and Culture.Will Kymlicka - 1989 - Oxford University Press.
    in a very different sense, to refer to the cultural community, or cultural structure, itself On this view, the cultural community continues to exist even when its members arc free to modify the character of the culture, should they find its traditional ...
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  • (2 other versions)Collected Works of John Stuart Mill.J. S. Mill - 1963 - [University of Toronto Press].
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  • (5 other versions)Philosophical Explanations. [REVIEW]Robert Nozick - 1981 - Ethics 94 (2):326-327.
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  • Law, Liberty, and Morality. [REVIEW]Richard Brandt - 1964 - Philosophical Review 73 (2):271-274.
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  • (1 other version)Mill's progressive principles.David Owen Brink - 2013 - Oxford: Oxford University Press.
    David O. Brink offers a reconstruction and assessment of John Stuart Mill's contributions to the utilitarian and liberal traditions.
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  • Legal Positivism and Natural Law Reconsidered.David O. Brink - 1985 - The Monist 68 (3):364-387.
    Legal positivism and natural law theory have traditionally been construed as mutually exclusive theories about the relationship between morality and the law. Although I endorse a good deal of this traditional wisdom, I shall argue that we can and should construe LP and NL as complementary theories. So construed, they not only are compatible but also state important truths.
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  • Legal Interpretation, Objectivity and Morality.David O. Brink - 2000 - In Brian Leiter (ed.), Objectivity in Law and Morals. New York: Cambridge University Press. pp. 12--65.
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  • Principles of political economy. Books IIII-V.John Stuart Mill, Introduction by V. W. Bladen & J. M. Robson Textual Editor - 1981 - In The collected works of John Stuart Mill. Indianapolis, Ind.: Liberty Fund.
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