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This book attempts to place a realist view of ethics (the claim that there are facts of the matter in ethics as elsewhere) within a broader context. It starts with a discussion of why we should mind about the difference between right and wrong, asks what account we should give of our ability to learn from our moral experience, and looks in some detail at the different sorts of ways in which moral reasons can combine to show us what we (...) |
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In this much-anticipated book, Jonathan Dancy offers the only available full-scale treatment of particularism in ethics, a view with which he has been associated for twenty years. Dancy now presents particularism as the view that the possibility of moral thought and judgement does not in any way depend on an adequate supply of principles. He grounds this claim on a form of reasons-holism, holding that what is a reason in one case need not be any reason in another, and maintaining (...) |
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The article begins with an outline of the balancing construction as developed by the German Federal Constitutional court since the Lüth decision in 1958. It then takes up two objections to this approach raised by Jürgen Habermas. The first maintains that balancing is both irrational and a danger for rights, depriving them of their normative power. The second is that balancing takes one out of the realm of right and wrong, correctness and incorrectness, and justification, and, thus, out of the (...) |
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The article begins with an outline of the balancing construction as developed by the German Federal Constitutional court since the Lüth decision in 1958. It then takes up two objections to this approach raised by Jürgen Habermas. The first maintains that balancing is both irrational and a danger for rights, depriving them of their normative power. The second is that balancing takes one out of the realm of right and wrong, correctness and incorrectness, and justification, and, thus, out of the (...) |
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Ross, Alf. On Law and Justice. Berkeley: University of California Press, 1959. xi, 383 pp. Reprint available December 2004 by the Lawbook Exchange, Ltd. |
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This is a short review of Moral Particularism, ed. Brad Hooker and Margaret Little (Oxford University Press, 2002). |
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Marcus argues that moral dilemmas are real, but that they are not the result of inconsistent moral principles. Moral principles are consistent just in case there is some world where all principles are 'obeyable.' They are inconsistent just in case there is no world where all are 'obeyable.' What this logical point is meant to show is that moral dilemmas do not make moral codes inconsistent. She also discusses guilt, and argues that guilt is still appropriate even in cases of (...) |
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The essays in this volume illuminate a central topic in ethical theory: moral dilemmas. Some contemporary philosophers dispute the traditional view that a true moral dilemma -- a situation in which a person has two irreconcilable moral duties -- cannot exist. This collection provides the historical background to the ongoing debate with selections from Kant, Mill, Bradley, and Ross. The best recent work on the question is represented in essays by Donagan, Foot, Hare, Marcus, Nagel, van Fraassen, Williams, and others. |
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This collection of previously unpublished essays addresses a number of issues arising out of philosophical controversies over the possibility of genuine moral dilemmas. Issues addressed include the form of a moral dilemma; the paradoxes a moral dilemma is said to entail; the question of whether a moral dilemma must exhibit inconsistency; the role of intractable circumstances in occasioning moral dilemmas; and the plausibility of supposing that there might be rational ways of addressing moral dilemmas in practice. The contributors, writing from (...) |
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This book analyses the general structure of constitutional rights reasoning under the German Basic Law. It deals with a wide range of problems common to all systems of constitutional rights review. In an extended introduction the translator argues for its applicability to the British Constitution, with particular reference to the Human Rights Act 1998. |
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This book deals with one of the most important issues of philosophy of law and constitutional thought: how to understand clashes of fundamental rights, such as the conflict between free speech and privacy. The main argument of this book is that much can be learned about the nature of fundamental legal rights by examining them through the lens of conflicts among such rights, and criticizing the views of scholars and jurists who have discussed both fundamental legal rights and the nature (...) |
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