Results for 'inner morality of law'

1000+ found
Order:
  1. Fuller and the Folk: The Inner Morality of Law Revisited.Raff Donelson & Ivar R. Hannikainen - 2020 - In Oxford Studies in Experimental Philosophy, Volume 3. Oxford: pp. 6-28.
    The experimental turn in philosophy has reached several sub-fields including ethics, epistemology, and metaphysics. This paper is among the first to apply experimental techniques to questions in the philosophy of law. Specifically, we examine Lon Fuller's procedural natural law theory. Fuller famously claimed that legal systems necessarily observe eight principles he called "the inner morality of law." We evaluate Fuller's claim by surveying both ordinary people and legal experts about their intuitions about legal systems. We conclude that, at (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  2. Reflections on Law and Its Inner Morality.Csaba Varga - 1985 - Rivista Internazionale di Filosofia Del Diritto 62 (3):439-451.
    1. Law and morals as two systems of norms, and the inner morality of law 2. Law as a value bearer and as a mere external indicator 3. The inner and external moral credit of legislator 4. The inner morality of law. As to the last paragraph, the most striking feature of the inner morality of law is that it is such a possible characteristic, surplus quality which is not a sine qua non, (...)
    Download  
     
    Export citation  
     
    Bookmark  
  3. The Fundamental Principles of Existence and the Origin of Physical Laws.Attila Grandpierre - 2002 - Ultimate Reality and Meaning 25 (2):127-147.
    Our concept of the universe and the material world is foundational for our thinking and our moral lives. In an earlier contribution to the URAM project I presented what I called 'the ultimate organizational principle' of the universe. In that article (Grandpierre 2000, pp. 12-35) I took as an adversary the wide-spread system of thinking which I called 'materialism'. According to those who espouse this way of thinking, the universe consists of inanimate units or sets of material such as atoms (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  4. The Morality and Law of War.Seth Lazar - 2012 - In Andrei Marmor (ed.), Routledge Companion to the Philosophy of Law. New York, NY, USA: Routledge. pp. 364-379.
    The revisionist critique of conventional just war theory has undoubtedly scored some important victories. Walzer’s elegantly unified defense of combatant legal equality and noncombatant immunity has been seriously undermined. This critical success has not, however, been matched by positive arguments, which when applied to the messy reality of war would deprive states and soldiers of the permission to fight wars that are plausibly thought to be justified. The appeal to law that is sought to resolve this objection by casting it (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  5. Autonomous Weapons and the Nature of Law and Morality: How Rule-of-Law-Values Require Automation of the Rule of Law.Duncan MacIntosh - 2016 - Temple International and Comparative Law Journal 30 (1):99-117.
    While Autonomous Weapons Systems have obvious military advantages, there are prima facie moral objections to using them. By way of general reply to these objections, I point out similarities between the structure of law and morality on the one hand and of automata on the other. I argue that these, plus the fact that automata can be designed to lack the biases and other failings of humans, require us to automate the formulation, administration, and enforcement of law as much (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  6. Law and Philosophy Selected Papers in Legal Theory.Csaba Varga & Eötvös Loránd Tudományegyetem (eds.) - 1994 - Budapest: ELTE “Comparative Legal Cultures” Project.
    Photomechanical reprint of papers from 1970 to 1992 mostly in English, some in German or French: Foreword 1–4; LAW AS PRACTICE ‘La formation des concepts en sciences juridiques’ 7–33, ‘Geltung des Rechts – Wirksamkeit des Rechts’ 35–42, ‘Macrosociological Theories of Law’ 43–76, ‘Law & its Inner Morality’ 77–89, ‘The Law & its Limits’ 91–96; LAW AS TECHNIQUE ‘Domaine »externe« & domaine »interne« en droit’ 99–117, ‘Die ministerielle Begründung’ 119–139, ‘The Preamble’ 141–167, ‘Presumption & Fiction’ 169–185, ‘Legal Technique’187–198; LAW (...)
    Download  
     
    Export citation  
     
    Bookmark  
  7. Efficiency, Practices, and the Moral Point of View: Limits of Economic Interpretations of Law.Mark Tunick - 2009 - In Mark White (ed.), Theoretical Foundations of Law and Economics. Cambridge University Press.
    This paper points to some limitations of law and economics as both an explanative and a normative theory. In explaining law as the result of efficiency promoting decisions, law and economics theorists often dismiss the reasons actors in the legal system give for their behavior. Recognizing that sometimes actors may be unaware of why institutions evolve as they do, I argue that the case for dismissing reasons for action is weaker when those reasons make reference to rules of practices that (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  8. Quasi-Expressivism About Statements of Law: A Hartian Theory.Stephen Finlay & David Plunkett - forthcoming - In John Gardner, Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law, vol. 3. Oxford University Press.
    Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This consists in a (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  9.  54
    Punishment and the Subordination of Law to Morality.John H. Bogart - 1987 - Oxford Journal of Legal Studies 7 (3):421-443.
    Arguments over criminalization and decriminalization often focus on the moral status of conduct, which is thought to be especially important to determining the appropriate legal status of the conduct. If the conduct is not thought to be immoral (or seriously immoral}, that is enough to show that it does not properly fall within the realm of control of the criminal law. Arguments relying on such a strategy may be termed moralized arguments. This article focuses on a crucial element of that (...)
    Download  
     
    Export citation  
     
    Bookmark  
  10. Moral Education and the Spirited Part of the Soul in Plato's Laws.Joshua Wilburn - 2013 - Oxford Studies in Ancient Philosophy 45:63.
    In this paper I argue that although the Republic’s tripartite theory of the soul is not explicitly endorsed in Plato’s late work the Laws, it continues to inform the Laws from beneath the surface of the text. In particular, I argue that the spirited part of the soul continues to play a major role in moral education and development in the Laws (as it did in earlier texts, where it is characterized as reason’s psychic ‘ally’). I examine the programs of (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  11. ‘Exploding the Limits of Law’: Judgment and Freedom in Arendt and Adorno.Craig Reeves - 2009 - Res Publica 15 (2):137-164.
    In Eichmann in Jerusalem , Hannah Arendt struggled to defend the possibility of judgment against the obvious problems encountered in attempts to offer legally valid and morally meaningful judgments of those who had committed crimes in morally bankrupt communities. Following Norrie, this article argues that Arendt’s conclusions in Eichmann are equivocal and incoherent. Exploring her perspectival theory of judgment, the article suggests that Arendt remains trapped within certain Kantian assumptions in her philosophy of history, and as such sees the question (...)
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
  12. Argument and the "Moral Impact" Theory of Law.Alani Golanski - 2019 - Washington University Jurisprudence Review 11:293-343.
    The innovative Moral Impact Theory (“MIT”) of law claims that the moral impacts of legal institutional actions, rather than the linguistic content of “rules” or judicial or legislative pronouncements, determine law’s content. MIT’s corollary is that legal interpretation consists in the inquiry into what is morally required as a consequence of the lawmaking actions. This paper challenges MIT by critiquing its attendant view of the nature of legal interpretation and argument. Points including the following: (1) it is not practicable to (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  13. The Political Morality of Nudges in Healthcare.Jonathan Gingerich - 2016 - In I. Glenn Cohen, Holly Fernandez Lynch & Christopher T. Robertson (eds.), Nudging Health: Health Law and Behavioral Economics. Baltimore: Johns Hopkins University Press. pp. 97-106.
    A common critique of nudges is that they reduce someone's of choices or elicit behavior through means other than rational persuasion. In this paper, I argue against this form of critique. I argue that, if there is anything distinctively worrisome about nudges from the standpoint of morality, it is is their tendency to hide the amount of social control that they embody, undermining democratic governance by making it more difficult for members of a political community to detect the social (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  14. Moral Cognitivism and Legal Positivism in Habermas's and Kan't Philosophy of Law.Delamar José Volpato Dutra & Nythamar de Oliveira - 2017 - Ethic@ - An International Journal for Moral Philosophy 16 (3):533-546.
    The hypothesis of this paper is that legal positivism depends on the non plausibility of strong moral cognitivism because of the non necessary connection thesis between law and morality that legal positivism is supposed to acknowledge. The paper concludes that only when based on strong moral cognitivism is it consistent to sustain the typical non-positivistic thesis of the necessary connection between law and morality. Habermas’s Philosophy of law is confronted with both positions.
    Download  
     
    Export citation  
     
    Bookmark  
  15. Global Consequentialism and the Morality and Laws of War.Hilary Greaves - forthcoming - In McDermott and Roser Kuosmanen (ed.), Human rights and 21st century challenges. Oxford, England: Oxford University Press.
    Rights-based approaches and consequentialist approaches to ethics are often seen as being diametrically opposed to one another. In one sense, they are. In another sense, however, they can be reconciled: a ‘global’ form of consequentialism might supply consequentialist foundations for a derivative morality that is non-consequentialist, and perhaps rights-based, in content. By way of case study to illustrate how this might work, I survey what a global consequentialist should think about a recent dispute between Jeff McMahan and Henry Shue (...)
    Download  
     
    Export citation  
     
    Bookmark  
  16. Law, Sexuality, and Society the Enforcement of Morals in Classical Athens.Louis E. Boone & David L. Kurtz - 1991 - Harcourt Brace College Publishers.
    Learn the business language you need to feel confident in taking the first steps toward becoming successful business majors and successful business people with Boone and Kurtz's best-selling CONTEMPORARY BUSINESS and its accompanying Audio CD-ROM. You'll find all the most important introductory business topics, using the most current and interesting examples happening right now in the business world! With this textbook, you'll hone skills that will make you more successful as students and employees.
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  17. Should Law Track Morality?Re'em Segev - 2017 - Criminal Justice Ethics 36 (2):205-223.
    Does the moral status of an action provide in itself a non-instrumental, pro-tanto reason for a corresponding legal status – a reason that applies regardless of whether the law promotes a value that is independent of the law, such as preventing wrongdoing or promoting distributive or retributive justice? While the relation between morality and law is a familiar topic, this specific question is typically not considered explicitly. Yet it seems to be controversial and each of the contrasting answers to (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  18.  64
    Continuity in Morality and Law.Re'em Segev - forthcoming - Theoretical Inquiries in Law.
    According to the an influential and intuitively appealing argument (the Continuity Argument): (1) morality is usually continuous, namely, a gradual change in one morally significant factor triggers a gradual change in another; (2) the law should usually track morality; (3) therefore, the law should often be continuous. This argument is illustrated by cases such as the following example: since the moral difference between a defensive action that is reasonable and one that is just short of being reasonable is (...)
    Download  
     
    Export citation  
     
    Bookmark  
  19. The Moral Authority of International Law.Anthony Reeves - 2010 - APA Newsletter on Philosophy and Law 10 (1):13-18.
    How should international law figure into the practical reasoning of agents who fall under its jurisdiction? How should the existence of an international legal norm regulating some activity affect a subject’s decision-making about that activity? This is a question concerning the general moral authority of international law. It concerns not simply the kind of authority international law claims, but the character of the authority it actually has. An authority, as I will use the term, is moral obligation producing: if x (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark   1 citation  
  20. The Social Impact Theory of Law.Keton Joshua - 2015 - Phenomenology and Mind 9:130-137.
    Margaret Gilbert’s work on sociality covers a wide range of topics, and as she puts it “addresses matters of great significance to several philosophical specialties – including ethics, epistemology, political philosophy, philosophy of science, and philosophy of law – and outside philosophy as well” (Gilbert 2013, p. 1). Herein I argue that Mark Greenberg’s recent call to eliminate the problem of legal normativity is well motivated. Further, I argue that Gilbert’s work on joint commitment, and more specifically obligations of joint (...)
    Download  
     
    Export citation  
     
    Bookmark  
  21. Fichte's Deduction of the Moral Law.Owen Ware - 2019 - In Steven Hoeltzel (ed.), Palgrave Fichte Handbook. Palgrave. pp. 239-256.
    It is often assumed that Fichte's aim in Part I of the System of Ethics is to provide a deduction of the moral law, the very thing that Kant – after years of unsuccessful attempts – deemed impossible. On this familiar reading, what Kant eventually viewed as an underivable 'fact' (Factum), the authority of the moral law, is what Fichte traces to its highest ground in what he calls the principle of the 'I'. However, scholars have largely overlooked a passage (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  22. W poszukiwaniu ontologicznych podstaw prawa. Arthura Kaufmanna teoria sprawiedliwości [In Search for Ontological Foundations of Law: Arthur Kaufmann’s Theory of Justice].Marek Piechowiak - 1992 - Instytut Nauk Prawnych PAN.
    Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark   1 citation  
  23. Moral Imagination: Implications of Cognitive Science for Ethics.Mark JOHNSON - 1993 - University of Chicago Press.
    Using path-breaking discoveries of cognitive science, Mark Johnson argues that humans are fundamentally imaginative moral animals, challenging the view that morality is simply a system of universal laws dictated by reason. According to the Western moral tradition, we make ethical decisions by applying universal laws to concrete situations. But Johnson shows how research in cognitive science undermines this view and reveals that imagination has an essential role in ethical deliberation. Expanding his innovative studies of human reason in Metaphors We (...)
    Download  
     
    Export citation  
     
    Bookmark   165 citations  
  24. The Morality of Achilles: Anger as A Moral Emotion.Adam Wallwork - 2014 - Indoensian Journal of International and Comparative Law 1 (2):333-365.
    Anger is central to moral and legal decision-making. Angry individuals reason differently than people in a temperate state. Aristotle and the ancient Greeks understood anger’s practical role in forensic argument and moral judgment—an intuition modern psychologists have largely confirmed. Psychological experiments show that people primed to anger will draw different inferences than people in a tranquil state of mind from the same factual circumstances. As Aristotle understood, our ability to reach conclusions about a set of facts is influenced by emotional (...)
    Download  
     
    Export citation  
     
    Bookmark  
  25.  63
    On the Unities of Law, Practical Reason, and Right: Foundations of the Unity of Reason Beyond the Plurality of Knowledge and of Normative Orders.André Ferreira Leite de Paula - 2019 - In André Ferreira Leite de Paula & Andrés Santacoloma Santacoloma (eds.), Law and Morals - ARSP 158/2019. pp. 15-115.
    The problem addressed in this article is the relationship between law and morality. It is asked (1) to what extent law and morality are connected and separated and (2) since when has it been so. To the extent that law and morality are distinct normative orders, it is asked (3) whether they rule exactly the same behaviors or whether each order rules dierent kinds of behaviors. If they rule at least some of the same behaviors, it is (...)
    Download  
     
    Export citation  
     
    Bookmark  
  26.  66
    Middle Theory, Inner Freedom, and Moral Health.Donald Wilson - 2007 - History of Philosophy Quarterly 24 (4):393 - 413.
    In her influential book, The Practice of Moral Judgment, Barbara Herman argues that Kantian ethics requires a “middle theory” applying formal rational constraints on willing to the particular circumstances and nature of human existence. I claim that a promising beginning to such a theory can be found in Kant’s discussion of duties of virtue in The Metaphysics of Morals. I argue that Kant’s distinction between perfect and imperfect duties of virtue should be understood as a distinction between duties concerned with (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  27. Moral Autonomy as Political Analogy: Self-Legislation in Kant's 'Groundwork' and the 'Feyerabend Lectures on Natural Law'.Pauline Kleingeld - 2019 - In Stefano Bacin & Oliver Sensen (eds.), The Emergence of Autonomy in Kant's Moral Philosophy. Cambridge: Cambridge University Press. pp. 158-175.
    'Autonomy' is originally a political notion. In this chapter, I argue that the political theory Kant defended while he was writing the _Groundwork_ sheds light on the difficulties that are commonly associated with his account of moral autonomy. I argue that Kant's account of the two-tiered structure of political legislation, in his _Feyerabend Lectures on Natural Law_, parallels his distinction between two levels of moral legislation, and that this helps to explain why Kant could regard the notion of 'autonomy' as (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  28.  53
    Twelve Basic Concepts of Law in Kant and the Compound Yijing.Stephen R. Palmquist - 2017 - Modernos E Contemporâneos 1:109-126.
    This fourth article in a six-part series correlating Kant’s philosophy with the Yijing begins by summarizing the foregoing articles: both Kant and the Yijing’s 64 hexagrams (gua) employ “architectonic” reasoning to form a four-level system with 0+4+12+(4x12) elements, the fourth level’s four sets of 12 correlating to Kant’s model of four university “faculties”. This article explores the second twelvefold set, the law faculty. The “idea of reason” guiding this wing of the comparative analysis is immortality. Three of Kant’s “quaternities” correspond (...)
    Download  
     
    Export citation  
     
    Bookmark  
  29. The Moral Obligation to Obey Law.Mark Tunick - 2002 - Journal of Social Philosophy 33 (3):464–482.
    Is it always morally wrong to violate a law and in doing so does one necessarily act badly? I argue that whether in breaking a law one acts badly depends on considerations unique to the particular act of lawbreaking. The moral judgment in question is deeply contextual and cannot be settled by appeal to blanket moral rules such as that it is wrong to break (any) law. The argument is made by focusing on the example of a runner having to (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  30. Institutional Corruption and the Rule of Law.Paul Gowder - 2014 - Les ateliers de l'éthique/The Ethics Forum 9 (1):84-102.
    The literature contains two concepts of corruption which are often confused with one another: corruption as twisted character (pollution), and corruption as disloyalty. It also contains two sites for corruption: the corruption of individuals, and the corruption of entire institutions such as a state or a legislature.This paper first draws a clear distinction between the pollution and disloyalty concepts of corruption in the individual context, and then defends a conception of disloyalty corruption according to which the distinguishing feature is an (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  31.  94
    Procedure-Content Interaction in Attitudes to Law and in the Value of the Rule of Law: An Empirical and Philosophical Collaboration.Noam Gur & Jonathan Jackson - forthcoming - In Meyerson Denise, Catriona Mackenzie & Therese MacDermott (eds.), Procedural Justice and Relational Theory: Philosophical, Empirical and Legal Perspectives. Routledge.
    This chapter begins with an empirical analysis of attitudes towards the law, which, in turn, inspires a philosophical re-examination of the moral status of the rule of law. In Section 2, we empirically analyse relevant survey data from the US. Although the survey, and the completion of our study, preceded the recent anti-police brutality protests sparked by the killing of George Floyd, the relevance of our observations extends to this recent development and its likely reverberations. Consistently with prior studies, we (...)
    Download  
     
    Export citation  
     
    Bookmark  
  32.  53
    Law, Morality, and "Sexual Orientation".John Finnis - 1995 - Notre Dame Journal of Law, Ethics and Public Policy 9 (1):11-40.
    Download  
     
    Export citation  
     
    Bookmark   9 citations  
  33.  49
    Moral & Intellectual Life of the West.Hermann G. W. Burchard - 2021 - Philosophy Study 11 (2).
    From the earliest times, American ethics, the rules for the moral \& intellectual life of the West, used to be founded upon the two principles of self-reliance and good neighborliness. Here we consider the underlying functions of neural brain circuits, organic structures that have evolved adaptively by Darwinian rules subject to selection pressure. In the left brain resides our self-reliant private Ego, making plans, launching initiatives. Your public Ego dwells in the right brain, looking around, meeting with your friendly neighbor. (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  34. Accessing the Moral Law Through Feeling.Owen Ware - 2015 - Kantian Review 20 (2):301-311.
    In this article I offer a critical commentary on Jeanine Grenberg’s claim that, by the time of the second Critique, Kant was committed to the view that we only access the moral law’s validity through the feeling of respect. The issue turns on how we understand Kant’s assertion that our consciousness of the moral law is a ‘fact of reason’. Grenberg argues that all facts must be forced, and anything forced must be felt. I defend an alternative interpretation, according to (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  35.  40
    Finding Footing in a Postmodern Conception of Law.Bryan Druzin - 2012 - Postmodern Openings 3 (1):41-56.
    The following jurisprudence paper examines the implications of postmodern thought upon our conception of law. In this paper I argue that, despite the absolute, all-consuming moral relativism towards which postmodernism seems to lead in its most extreme form, its acceptance in fact in no way undermines the possibility of finding solid ground for our legal principles. This paper contends that moral objectivity can be found in the individual experience of suffering generated by these very subjective concoctions. Subjective concoctions or not, (...)
    Download  
     
    Export citation  
     
    Bookmark  
  36. Reason Alone Cannot Identify Moral Laws.Noriaki Iwasa - 2013 - Journal of Value Inquiry 47 (1-2):67-85.
    Immanuel Kant's moral thesis is that reason alone must identify moral laws. Examining various interpretations of his ethics, this essay shows that the thesis fails. G. W. F. Hegel criticizes Kant's Formula of Universal Law as an empty formalism. Although Christine Korsgaard's Logical and Practical Contradiction Interpretations, Barbara Herman's contradiction in conception and contradiction in will tests, and Kenneth Westphal's paired use of Kant's universalization test all refute what Allen Wood calls a stronger form of the formalism charge, they are (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  37. A Moral Defense of Recreational Drug Use.Rob Lovering - 2015 - Palgrave Macmillan.
    Why does American law allow the recreational use of some drugs, such as alcohol, tobacco, and caffeine, but not others, such as marijuana, cocaine, and heroin? The answer lies not simply in the harm the use of these drugs might cause, but in the perceived morality—or lack thereof—of their recreational use. Despite strong rhetoric from moral critics of recreational drug use, however, it is surprisingly difficult to discern the reasons they have for deeming the recreational use of (some) drugs (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark   2 citations  
  38.  79
    Arguments About Abortion: Personhood Morality and Law, Written by Kate Greasley. [REVIEW]Joona Räsänen - 2019 - Journal of Moral Philosophy 16 (4):521-523.
    Download  
     
    Export citation  
     
    Bookmark  
  39. Humanitarian Intervention an Inquiry Into Law and Morality.Fernando R. Tesón - 1988 - Brill - Nijhoff.
    Analysis of all the Legal and Moral Issues Surrounding Humanitarian Intervention · The deaths of innocent persons & the Doctrine of Double Effect Governmental legitimacy: The Doctrine of Effective Political Control · UN Charter & evaluation of the Nicaragua ruling · The Morality of not intervening · US-led invasion of Iraq · Humanitarian intervention authorized by the UN Security Council: Iraq, Somalia, Haiti, Rwanda, and Bosnia among highlightsNATO's intervention in Kosovo · The Nicaragua Decision · The precedents of Panama, (...)
    Download  
     
    Export citation  
     
    Bookmark   28 citations  
  40. Integrity, Moral Courage and Innere Führung.Peter Olsthoorn - 2016 - Ethics and Armed Forces 3 (1):32-36.
    The aim of this paper is to examine the usefulness of the somewhat related notions of integrity, moral courage, and Innere Führung (the leadership concept used by the German military) as a means of making military personnel behave ethically. Of these three notions, integrity is mentioned most often within military organizations, and the largest part of what follows is therefore devoted to a description of what integrity is, and what the drawbacks of this notion are for the military. This will (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  41. The Law and Ethics of K Street.Daniel T. Ostas - 2007 - Business Ethics Quarterly 17 (1):33-63.
    This article explores the law and ethics of lobbying. The legal discussion examines disclosure regulations, employment restrictions,bribery laws, and anti-fraud provisions as each applies to the lobbying context. The analysis demonstrates that given the social value placed on the First Amendment, federal law generally affords lobbyists wide latitude in determining who, what, when, where, and how to lobby.The article then turns to ethics. Lobbying involves deliberate attempts to effect changes in the law. An argument is advanced that because law implicates (...)
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  42. Value and Law in Kant’s Moral Theory. [REVIEW]Andrews Reath - 2003 - Ethics 114 (1):127-155.
    Paul Guyer’s Kant on Freedom, Law, and Happiness is a collection of essays written over a period of ten years on the roles of freedom, reason, law, and happiness in Kant’s practical philosophy. The centrality of these concepts has always been acknowledged, but Guyer proposes a different way to understand their interconnections. Kant extols respect for moral law and conformity to moral principle for its own sake while at the same time celebrating the value of human freedom and autonomy. Guyer (...)
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
  43. A Philosophy of Evidence Law: Justice in the Search for Truth.H. L. Ho - 2008 - Oxford University Press.
    This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.
    Download  
     
    Export citation  
     
    Bookmark   15 citations  
  44.  90
    Legislative Duty and the Independence of Law.J. H. Bogart - 1987 - Law and Philosophy 6 (2):187 - 203.
    This essay considers the nature of duties incumbent on legislators in virtue of the office itself. I argue that there is no duty for a legislator to enact a criminal law based on morality; there is no duty to incorporate substantive moral conditions into the criminal law; and there is therefore no duty derivable from the nature of the legislative office itself to make conditions of culpability depend on those of moral responsibility. Finally, I argue that the relation between (...)
    Download  
     
    Export citation  
     
    Bookmark  
  45. Review of Seana Shiffrin, "Speech Matters: On Lying, Morality, and the Law". [REVIEW]Robert Mark Simpson - 2015 - Notre Dame Philosophical Reviews 2015.
    In this review I critically digest the main themes of Shiffrin's arguments, with a focus on the question of whether her "thinker-based" theory of free speech has different, or more ambivalent, practical implications for free speech policy than she allows.
    Download  
     
    Export citation  
     
    Bookmark  
  46. Uncovering the Moral Heuristics of Altruism: A Philosophical Scale.Julian Friedland, Kyle Emich & Benjamin M. Cole - 2020 - PLoS ONE 15 (3).
    Extant research suggests that individuals employ traditional moral heuristics to support their observed altruistic behavior; yet findings have largely been limited to inductive extrapolation and rely on relatively few traditional frames in so doing, namely, deontology in organizational behavior and virtue theory in law and economics. Given that these and competing moral frames such as utilitarianism can manifest as identical behavior, we develop a moral framing instrument—the Philosophical Moral-Framing Measure (PMFM)—to expand and distinguish traditional frames associated and disassociated with observed (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  47. Il sistema della ricchezza. Economia politica e problema del metodo in Adam Smith.Sergio Volodia Marcello Cremaschi - 1984 - Milano, Italy: Franco Angeli.
    Introduction. The book is a study in Adam Smith's system of ideas; its aim is to reconstruct the peculiar framework that Adam Smith’s work provided for the shaping of a semi-autonomous new discipline, political economy; the approach adopted lies somewhere in-between the history of ideas and the history of economic analysis. My two claims are: i) The Wealth of Nations has a twofold structure, including a `natural history' of opulence and an `imaginary machine' of wealth. The imaginary machine is a (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark   9 citations  
  48. Moral Consciousness and the 'Fact of Reason'.Pauline Kleingeld - 2010 - In Andrews Reath & Jens Timmermann (eds.), Kant's Critique of Practical Reason: A Critical Guide. Cambridge University Press.
    At the heart of the argument of the Critique of Practical Reason, one finds Kant’s puzzling and much-criticized claim that the consciousness of the moral law can be called a ‘fact of reason’. In this essay, I clarify the meaning and the importance of this claim. I correct misunderstandings of the term ‘Factum’, situate the relevant passages within their argumentative context, and argue that Kant’s argument can be given a consistent reading on the basis of which the main questions and (...)
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  49. Review of Assisted Suicide and Euthanasia: A Natural Law Ethics Approach. [REVIEW]Craig Paterson - 2010 - Ethics and Medicine 26 (1):23-4.
    As medical technology advances and severely injured or ill people can be kept alive and functioning long beyond what was previously medically possible, the debate surrounding the ethics of end-of-life care and quality-of-life issues has grown more urgent. In this lucid and vigorous book, Craig Paterson discusses assisted suicide and euthanasia from a fully fledged but non-dogmatic secular natural law perspective. He rehabilitates and revitalises the natural law approach to moral reasoning by developing a pluralistic account of just why we (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  50.  81
    Making Good Sense: Pragmatism's Mastery of Meaning, Truth, and Workable Rule of Law.Harold Anthony Lloyd - forthcoming - Wake Forest Journal of Law and Policy.
    The hermeneutic pragmatism explored in this article timely examines how “post-truth” claims over-estimate semantic freedoms while at the same time underestimating semantic and pre-semantic restraints. Such pragmatism also timely examines how formalists err by committing the reverse errors. Drawing on insights from James, Peirce, Putnam, Rorty, Gadamer, Derrida, and others, such hermeneutic pragmatism explores (1) the necessary role of both internal and objective experience in meaning, (2) the resulting instrumental nature of concepts required to deal with such experience, (3) the (...)
    Download  
     
    Export citation  
     
    Bookmark  
1 — 50 / 1000