Politics Law And Morality

Addressing the proper relation of moral and religious belief to politics and law, especially constitutional law, Perry here discusses whether a common moral foundation exists that is capable of providing, in a diverse social system like ours, consistent guidelines for handling divisive political, policy, religious and constitutional disputes. His study represents a distinctive position in the vast and growing literature on the moral foundations of liberal political and legal life.

Considered one of Russia’s greatest philosophers, Vladimir Soloviev (1853–1900) was also a theologian, historian, poet, and social and political critic. His works have emerged to enjoy renewed attention in post–Soviet Russia, and his concerns echo in contemporary discussions of politics, law, and morality. In this collection of Soloviev’s essays—many translated into English for the first time—the philosopher explores an array of social issues, from the death penalty to nationalism to women’s rights. Soloviev reacts against the tradition of European rationalist thought and seeks to synthesize religious philosophy, science, and ethics in the context of a universal Christianity. In these writings he reveals the centrality of human rights in his Christian worldview, not only as an abstract theory but also as an inspiration in everyday life. In a substantive introduction and copious annotations to the essays, Vladimir Wozniuk points out distinctive and often overlooked features of Soloviev’s works while illuminating his place within both the Russian and Western intellectual traditions.

Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws.

This treatise explores the proper relationship of moral and religious beliefs to politics and law, focusing particularly on the USA, a country which, the author argues, is morally and religiously pluralistic.

The second edition retains the selection of texts presented in the first edition but offers them in new translations by Richard J Regan -- including that of his Aquinas, Treatise on Law (Hackett, 2000). A revised Introduction and glossary, an updated select bibliography, and the inclusion of summarising headnotes for each of the units -- Conscience, Law, Justice, Property, War and Killing, Obedience and Rebellion, and Practical Wisdom and Statecraft -- further enhance its usefulness.

This new collection of essays opens with a pivotal essay, not previously published, on the implications of the moral duties which arise out of concern for the well-being of others. The first part of the book concentrates on the consequences of two central aspects of well-being: the importance of membership in groups - the role of belonging - and the active character of well-being - that it largely consists in successful activities. Both aspects have far-reaching political implications, explored in essays on free expression, national self-determination, and multiculturalism, among others. Against the background of the moral and political views developed in the first part, the second part of the book explores various aspects of the dynamic inter-relations between law and morality, offering some building blocks towards a theory of law.

Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law. The volume begins with essays that explore general questions about morality and law, surveying the traditional literature on legal positivism and contemporary debates about the connection between law and morality. These essays explore the tensions between law as a protector of individual liberty and as a tool of democratic self-rule, and introduce debates about adjudication and the contribution of feminist approaches to the philosophy of law. New material on the Chinese Canadian head tax case is also featured. The second part of Law and Morality deals with philosophical questions as they apply to contemporary issues. Excerpts from judicial decisions as well as essays by practicing lawyers are included to provide theoretically informed legal analyses of the issues. Striking a balance between practical and more analytic, philosophical approaches, the volume's treatment of the philosophy of law as a branch of political philosophy enables students to understand law in its function as a social institution. Law and Morality has proved to be an essential text in both departments of philosophy and faculties of law and this latest edition brings the debates fully up to date, filling gaps in the previous editions and adding to the array of contemporary issues previously covered.

Divisions abound as to whether politics should be held responsible to a higher moral standard or whether pragmatic considerations, or realpolitik, should prevail. The two poles are represented most conspicuously by Aristotle (for whom the proper aim of politics is moral virtue) and Machiavelli (whose prince exalted political pragmatism over morality). The fourteen contributions to this volume address perennial concerns in political and moral theory. They underscore the rekindled yearning of many to hold the political realm to a higher standard despite the skepticism of dissenters who question the likelihood, or even the desirability, of success.