Results for 'Law and Morality'

999 found
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  1.  40
    Law and Morality: An Appraisal of Hart's Concept of Law.John Ezenwankwor - 2013 - Enugu Nigeria: Claretian Communications.
    In an attempt to resolve the problem or the marriage between law and morality, Dr. John Ezenwankwor publishes this book, Law and Morality: An Appraisal of Hart's Concept of Law. In it, he delves into a critical analysis of the works of a British legal philosopher, Herbert Lionel Adolphus Hart (1907-1992), who made landmark contributions to the moral and legal questions surrounding human actions or conducts. Incidentally, he surpasses his master, Hart, in this book, by correcting his mistaken (...)
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  2.  16
    Human rights combine law and morality. Why do we need the addition of morality to law?Ali Alamtory - manuscript
    Throughout the past century, the concerns regarding the combination of law and morality have led to many controversial opinions, as the conception of rights has shifted considerably. After global rights regulations emerged, rather than the 1776 ‘Declaration of Independence’, the new declaration was named the ‘United Nations Universal Declaration of Human Rights’ (UDHR) in 1948; hence, the contrasting shift from ‘natural rights’ to ‘human rights’ emerged (Myers, 2017, p.2). Therefore, after the first universal rights treaty, the reference to human (...)
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  3. Aristotle on Law and Moral Education.Zena Hitz - 2012 - Oxford Studies in Ancient Philosophy 42:263-306.
    It is widely agreed that Aristotle holds that the best moral education involves habituation in the proper pleasures of virtuous action. But it is rarely acknowledged that Aristotle repeatedly emphasizes the social and political sources of good habits, and strongly suggests that the correct law‐ordained education in proper pleasures is very rare or non‐existent. A careful look at the Nicomachean Ethics along with parallel discussions in the Eudemian Ethics and Politics suggests that Aristotle divided public moral education or law‐ordained habituation (...)
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  4. Humanitarian Intervention: An Inquiry Into Law and Morality.Fernando R. Tesón - 1988 - Dobbs Ferry, N.Y. : Transnational Publishers.
    This work addresses the question of whether the use of military force by the United States in order to stop serious violations of human rights is legally and morally justifiable. The book argues for humanitarian intervention and the right to wage war in defense of human rights.
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  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 (...)
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  6. 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, which law is conceivable (...)
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  7. The Second-Person Standpoint in Law and Morality.Herlinde Pauer-Studer - 2014 - Grazer Philosophische Studien 90 (1):1-3.
    The papers of this special issue are the outcome of a two-­‐day conference entitled “The Second-­‐Person Standpoint in Law and Morality,” that took place at the University of Vienna in March 2013 and was organized by the ERC Advanced Research Grant “Distortions of Normativity.” -/- The aim of the conference was to explore and discuss Stephen Darwall’s innovative and influential second-­‐personal account of foundational moral concepts such as „obligation“, „responsibility“, and „rights“, as developed in his book The Second-­‐Person Standpoint: (...)
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  8. Non-Positivism and Encountering a Weakened Necessity of the Separation between Law and Morality – Reflections on the Debate between Robert Alexy and Joseph Raz.Wei Feng - 2019 - Archiv Für Rechts- Und Sozialphilosophie, Beiheft 158:305-334.
    Nearly thirty years ago, Robert Alexy in his book The Concept and Validity of Law as well as in other early articles raised non-positivistic arguments in the Continental European tradition against legal positivism in general, which was assumed to be held by, among others, John Austin, Hans Kelsen and H.L.A. Hart. The core thesis of legal positivism that was being discussed among contemporary German jurists, just as with their Anglo- American counterparts, is the claim that there is no necessary connection (...)
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  9. Ethical and Moral Concerns Regarding Artificial Intelligence in Law and Medicine.Soaad Hossain - 2018 - Journal of Undergraduate Life Sciences 12 (1):10.
    This paper summarizes the seminar AI in Medicine in Context: Hopes? Nightmares? that was held at the Centre for Ethics at the University of Toronto on October 17, 2017, with special guest assistant professor and neurosurgeon Dr. Sunit Das. The paper discusses the key points from Dr. Das' talk. Specifically, it discusses about Dr. Das' perspective on the ethical and moral issues that was experienced from applying artificial intelligence (AI) in law and how such issues can also arise when applying (...)
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  10.  85
    English Law and the Moral Law.Arthur L. Goodhart - 1953 - Stevens & Sons.
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  11. Mark Murphy. God and Moral Law: On the Theistic Explanation of Morality. Oxford University Press, 2011.Erik J. Wielenberg - 2014 - European Journal for Philosophy of Religion 6 (1):199--203.
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  12. Robots, Law and the Retribution Gap.John Danaher - 2016 - Ethics and Information Technology 18 (4):299–309.
    We are living through an era of increased robotisation. Some authors have already begun to explore the impact of this robotisation on legal rules and practice. In doing so, many highlight potential liability gaps that might arise through robot misbehaviour. Although these gaps are interesting and socially significant, they do not exhaust the possible gaps that might be created by increased robotisation. In this article, I make the case for one of those alternative gaps: the retribution gap. This gap arises (...)
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  13. The Law and Ethics of K Street: Lobbying, the First Amendment, and the Duty to Create Just Laws.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 (...)
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  14. Law and Political Thought.Michael Baur - 2013 - In Gregory Claeys (ed.), Encyclopedia of Modern Political Thought. Thousand Oaks, CA: pp. 488-494.
    In the modern period, the most original and influential theories about law and politics were developed in connection with a set of far-reaching, interrelated questions about the definition of law, the purpose of law, the relationship between law and morality, and the existence of natural law and natural rights. In this entry I summarize the contributions of Charles-Louis de Secondat, Baron de La Brède et de Montesquieu; William Blackstone; Jeremy Bentham; and Immanuel Kant as exemplars of the history of (...)
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  15. 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 (...)
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  16. Islamic Law and Legal Positivism.Raja Bahlul - 2016 - Rivista di Filosofia Del Diritto [V, 2/2016, Pp. 245-266] 2 (V):245-266.
    The object of this paper is to elaborate an understanding of Islamic law and legal theory in terms of the conceptual framework provided by Legal Positivism. The study is not based on denying or contesting the claim of Islamic law to being of divine origin; rather, it is based on the historical reality of Islamic law as part of a (once) living legal tradition, with structure, method, and theory, regardless of claims of origin. It will be suggested that Ash‘arism may (...)
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  17. 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.
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  18. Kant and Moral Motivation: The Value of Free Rational Willing.Jennifer K. Uleman - 2016 - In Iakovos Vasiliou (ed.), Moral Motivation (Oxford Philosophical Concepts). New York: Oxford University Press. pp. 202-226.
    Kant is the philosophical tradition's arch-anti-consequentialist – if anyone insists that intentions alone make an action what it is, it is Kant. This chapter takes up Kant's account of the relation between intention and action, aiming both to lay it out and to understand why it might appeal. The chapter first maps out the motivational architecture that Kant attributes to us. We have wills that are organized to action by two parallel and sometimes competing motivational systems. One determines us by (...)
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  19.  58
    Evil and Moral Responsibility in The Vocation of Man.Jane Dryden - 2013 - In Daniel Breazeale & Tom Rockmore (eds.), Fichte's Vocation of Man: New Interpretive and Critical Essays. Albany, NY, USA: State University of New York Press. pp. 185-198.
    When discussing the problem of evil, philosophers often distinguish between physical evil (harm caused within the natural world such as natural disasters, disease, and the like), and moral evil (harm caused by human agency). Mapping this traditional distinction is mapped onto the third section of Fichte’s The Vocation of Man would at first seem fairly straightforward: for Fichte, evil arising from nature occurs through “blind mechanism” and is unfree; in contrast, evil done by human beings arises out of free agency. (...)
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  20.  16
    Logical and Moral Aliens Within Us: Kant on Theoretical and Practical Self-Conceit.G. Anthony Bruno - forthcoming - In Limits of Intelligibility: Issues from Kant and Wittgenstein.
    This chapter intervenes in recent debates in Kant scholarship about the possibility of a general logical alien. Such an alien is a thinker whose laws of thinking violate ours. She is third-personal as she is radically unlike us. Proponents of the constitutive reading of Kant’s conception of general logic accordingly suggest that Kant rules out the possibility of such an alien as unthinkable. I add to this an often-overlooked element in Kant’s thinking: there is reason to think that he grants—and (...)
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  21. Cricket and Moral Commendation.Jonathan Evans - 2007 - Sport and Society 10 (5):802-817.
    As evidenced in recent literature in moral philosophy, commending actions on their propensity to develop enduring moral traits is not the province of the virtue theorist alone. For however we understand the moral goals of human beings and the nature of right action we recognize that a temperate, just or beneficent person is more likely to conform to the demands of morality than one lacking in these virtues. If this idea is used as a standard for assessing the worth (...)
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  22. The Idea of Freedom and Moral Cognition in Groundwork III.Sergio Tenenbaum - 2012 - Philosophy and Phenomenological Research 84 (3):555-589.
    Kant’s views on the relation between freedom and moral law seem to undergo a major, unannounced shift. In the third section of the Groundwork, Kant seems to be using the fact that we must act under the idea of freedom as a foundation for the moral law. However, in the Critique of Practical Reason, Kant claims that our awareness of our freedom depends on our awareness of the moral law. I argue that the apparent conflict between the two texts depends (...)
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  23. Ethics, Law and Social Justice.Kiyoung Kim - 2015 - SSRN.
    Ethics and responsibility would be a vexing or awesome topic that the contemporary citizen more likely wishes to avoid giving his or her views or opinions. That is perhaps because the society transforms rapidly and turns to become more diverse from the past decades. These concepts, on the other, comes not in the ancient or middle era classics, but from the near modern context in 18th England and French land. In dealing with the nature and relationship between the two concepts, (...)
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  24. Ethics, Morality and Law.Mark Tunick - 2002 - In Kermit Hall (ed.), Oxford Companion to American Law. Oxford: Oxford University Press. pp. 275-77.
    This brief entry discusses the distinction between ethics, law, and morality.
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  25. Contempt and Moral Subjectivity in Kantian Ethics.Bryan Lueck - 2016 - Tijdschrift Voor Filosofie 78 (2):305-327.
    I argue in this paper that Immanuel Kant's account of the moral wrongness of contempt in the Metaphysics of Morals provides important resources for our understanding of the nature of moral subjectivity. Although Kant typically emphasizes the subject's position as autonomous addressor of the moral law, his remarks on contempt bring into relief a dynamic relationship at the heart of practical subjectivity between the addressor and addressee positions. After tracing the development of reflection concerning the addressor and addressee positions in (...)
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  26. 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 best, (...)
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  27. Law and Philosophy: Selected Papers in Legal Theory.Csaba Varga (ed.) - 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 AS (...)
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  28. Responsible Brains: Neuroscience, Law, and Human Culpability.William Hirstein, Katrina L. Sifferd & Tyler K. Fagan - 2018 - New York, NY, USA: MIT Press.
    [This download includes the table of contents and chapter 1.] -/- When we praise, blame, punish, or reward people for their actions, we are holding them responsible for what they have done. Common sense tells us that what makes human beings responsible has to do with their minds and, in particular, the relationship between their minds and their actions. Yet the empirical connection is not necessarily obvious. The “guilty mind” is a core concept of criminal law, but if a defendant (...)
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  29. Moving Beyond Good and Evil: A Theory of Morality, Law, and Government.M. E. Tson - manuscript
    This paper starts from first principles of moral nihilism and determinism and arrives at a basis for morality and government which, unlike Human Rights, addresses the moral status of other species. It suggests a moral system that abandons the assumptions of objectivity, moral agency, and free will, and goes on to explore the implications of such a theory in the areas of criminal justice and government. As with any moral philosophy, it endeavors to provide a structure of principles that (...)
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  30. 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 (...)
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  31. Kant on Moral Sensibility and Moral Motivation.Owen Ware - 2014 - Journal of the History of Philosophy 52 (4):727-746.
    Despite Kant’s lasting influence on philosophical accounts of moral motivation, many details of his own position remain elusive. In the Critique of Practical Reason, for example, Kant argues that our recognition of the moral law’s authority must elicit both painful and pleasurable feelings in us. On reflection, however, it is unclear how these effects could motivate us to act from duty. As a result, Kant’s theory of moral sensibility comes under a skeptical threat: the possibility of a morally motivating feeling (...)
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  32. Moral Cognitivism and Legal Positivism in Habermas's and Kan't Philosophy of Law.Delamar José Volpato Dutra & Nythamar de Oliveira - 2017 - [email protected] - 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.
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  33. 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 (...)
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  34. 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 (...)
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  35. 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 (...)
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  36. Two Views of Natural Law and the Shaping of Economic Science.Sergio Cremaschi - 2002 - Croatian Journal of Philosophy 2 (2):181-196.
    In this paper I argue that differences between the ‘new moral science’ of the seventeenth century and scholastic natural law theory originated primarily from the skeptical challenge the former had to face. Pufendorf’s project of a scientia practica universalis is the paramount expression of an anti-skeptical moral science, a ‘science’ that is both explanatory and normative, but also anti-dogmatic insofar as it tries to base its laws on those basic phenomena of human life which, supposedly, are immune to skeptical doubt. (...)
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  37. Law, Virtue, and Justice (Law and Practical Reason). [REVIEW]Jason Cruze - 20016 - Journal of Moral Philosophy 13 (6):743-746.
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  38. Moral Uncertainty and the Criminal Law.Christian Barry & Patrick Tomlin - 2019 - In Kimberly Ferzan & Larry Alexander (eds.), Handbook of Applied Ethics and the Criminal Law. New York: Palgrave.
    In this paper we introduce the nascent literature on Moral Uncertainty Theory and explore its application to the criminal law. Moral Uncertainty Theory seeks to address the question of what we ought to do when we are uncertain about what to do because we are torn between rival moral theories. For instance, we may have some credence in one theory that tells us to do A but also in another that tells us to do B. We examine how we might (...)
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  39. Morality, Politics, and Law.John-Michael Kuczynski - 2010 - Kendall Hunt Publishing.
    It is argued (a) that laws are assurances of protections of rights and (b) that governments are protectors of rights. Lest those assurances be empty and thus not really be assurances at all, laws must be enforced and governments must therefore have the power to coerce. For this reason, the government of a given region tends to have, as Max Weber put it, a "monopoly on power" in that region. And because governments are power-monopolizers, it is tempting to think that (...)
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  40. 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 (...)
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  41. Purposes in law and in life: An experimental investigation of purpose attribution.Almeida Guilherme, Joshua Knobe, Noel Struchiner & Ivar Hannikainen - forthcoming - Canadian Journal of Law and Jurisprudence.
    There has been considerable debate in legal philosophy about how to attribute purposes to rules. Separately, within cognitive science, there has been a growing body of research concerned with questions about how people ordinarily attribute purposes. Here, we argue that these two separate fields might be connected by experimental jurisprudence. Across four studies, we find evidence for the claim that people use the same criteria to attribute purposes to physical objects and to rules. In both cases, purpose attributions appear to (...)
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  42. Moral psychology as a necessary bridge between social cognition and law.James Dunlea & Larisa Heiphetz - 2021 - Social Cognition 39:183–199.
    Coordinating competing interests can be difficult. Because law regulates human behavior, it is a candidate mechanism for creating coordination in the face of societal disagreement. We argue that findings from moral psy- chology are necessary to understand why law can effectively resolve co- occurring conflicts related to punishment and group membership. First, we discuss heterogeneity in punitive thought, focusing on punishment within the United States legal system. Though the law exerts a weak influence on punitive ideologies before punishment occurs, we (...)
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  43. 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 (...)
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  44. Law, Morality, and "Sexual Orientation".John Finnis - 1995 - Notre Dame Journal of Law, Ethics and Public Policy 9 (1):11-40.
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  45. The Separability Thesis: A Comparison Between Natural Law and Legal Positivism.Owen Jeffrey Crocker - 2022 - Sophia: Undergraduate Journal of Philosophy 16 (1):60-71.
    The purpose of this paper is to examine the separability of law and morality within an analytic jurisprudential framework. The paper is comprised of four parts. First, the separability thesis will be discussed and defined. Second, Hart’s legal positivist account of law will be presented, which defends the separability thesis. Third, two objections from a natural law perspective (classical and contemporary) will be proposed against the legal positivist position, thereby rejecting the separability thesis. Each objection will be accompanied by (...)
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  46. Ethics and the Perfect Moral Law.Harry Bunting - 2000 - Tyndale Bulletin 51 (2).
    Summary This paper examines contemporary virtue ethics and the claim that Christian ethics is a virtue ethic. Three central theses are identified as being central to virtue ethics: a priority thesis, a perfectionist thesis and a communitarian thesis. It is argued that defences of the priority thesis—it best addresses the moral crisis in our society, it does justice to historical consciousness and it remedies the incompleteness in deontic ethics—are unconvincing. It is argued that virtue and moral perfection are best understood (...)
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  47.  57
    Review of Consciousness and Moral Responsibility. By Neil Levy. [REVIEW]Lantz Fleming Miller - 2014 - Journal of Consciousness Studies 21 (11-12):201-206.
    One purpose for the field of consciousness studies may be to increase general understanding about consciousness and its place in human life, thereby possibly aiding us in living in better harmony within our societies and with our fellow humans. Neil Levy’s new work is a candidate for this latter purpose for the field. Consciousness studies may help us better understand how we function as conscious agents—or what role consciousness plays in our agency—and aid in our more just construction of laws, (...)
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  48. Continuity in Morality and Law.Re’em Segev - 2021 - Theoretical Inquiries in Law 22 (1):45-85.
    According to an influential and intuitively appealing argument, morality is usually continuous, namely, a gradual change in one morally significant factor triggers a gradual change in another; the law should usually track morality; 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 small, the law should not impose a (...)
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  49.  92
    Moral Law.Paul Formosa - 2015 - In Michael Gibbons (ed.), The Encyclopedia of Political Thought. pp. 2438-2455.
    What is the moral law and what role does it and should it play in political theory and political practice? In this entry we will try to answer these important questions by first examining what the moral law is, before investigating the different ways in which the relationship between morality and politics can be conceptualized.
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  50. 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 (...)
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