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Reasoning in Ethics and Law

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Author :
Release : 1999
Genre : Law
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Reasoning in Ethics and Law by : A. W. Musschenga

Download or read book Reasoning in Ethics and Law written by A. W. Musschenga. This book was released on 1999. Available in PDF, EPUB and Kindle. Book excerpt: Legal and moral reasoning share much methodology, and they address similar problems. This volume charts two shared problems: the relation between theory, principles and particular judgments; and the role of facts and factual assertions in normative settings. The relation between 'theory' and 'practice' and between 'principle' and 'particular judgment' has become the subject of much debate in moral philosophy. In the ongoing debate, some moral philosophers refer to legal philosophy for a support of their views on the primacy of 'practice' over 'theory'. According to them, legal philosophy should have a more balanced view in that relation. In the contributions to Part One this claim is critically analysed. The role of the facts is underestimated in discussions on legal reasoning and legal theory, as well as moral reasoning and ethical theory. Factual statements enter into moral and legal discussions not only because they link the conclusion with a rule. They also play a role as background assumptions in supporting a theory. Its focus on the role of facts in normative reasoning makes this book of special interest to scholars of legal and moral argumentation.

The Philosophy of Legal Reasoning

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Author :
Release : 1998
Genre : Judicial process
Kind : eBook
Book Rating : 571/5 ( reviews)

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Book Synopsis The Philosophy of Legal Reasoning by :

Download or read book The Philosophy of Legal Reasoning written by . This book was released on 1998. Available in PDF, EPUB and Kindle. Book excerpt:

Reasoning in Ethics and Law

Download Reasoning in Ethics and Law PDF Online Free

Author :
Release : 2017-03-02
Genre : Philosophy
Kind : eBook
Book Rating : 348/5 ( reviews)

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Book Synopsis Reasoning in Ethics and Law by : Albert W. Musschenga

Download or read book Reasoning in Ethics and Law written by Albert W. Musschenga. This book was released on 2017-03-02. Available in PDF, EPUB and Kindle. Book excerpt: Legal and moral reasoning share much methodology, and they address similar problems. This volume charts two shared problems: the relation between theory, principles and particular judgments; and the role of facts and factual assertions in normative settings. The relation between 'theory' and 'practice' and between 'principle' and 'particular judgment' has become the subject of much debate in moral philosophy. In the ongoing debate, some moral philosophers refer to legal philosophy for a support of their views on the primacy of 'practice' over 'theory'. According to them, legal philosophy should have a more balanced view in that relation. In the contributions to Part One this claim is critically analysed. The role of the facts is underestimated in discussions on legal reasoning and legal theory, as well as moral reasoning and ethical theory. Factual statements enter into moral and legal discussions not only because they link the conclusion with a rule. They also play a role as background assumptions in supporting a theory. Its focus on the role of facts in normative reasoning makes this book of special interest to scholars of legal and moral argumentation.

Moral and Legal Reasoning

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Author :
Release : 1980-06-18
Genre : Philosophy
Kind : eBook
Book Rating : 954/5 ( reviews)

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Book Synopsis Moral and Legal Reasoning by : Samuel J. Stoljar

Download or read book Moral and Legal Reasoning written by Samuel J. Stoljar. This book was released on 1980-06-18. Available in PDF, EPUB and Kindle. Book excerpt:

Personal Identity in Moral and Legal Reasoning

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Author :
Release : 2019-10-31
Genre : Philosophy
Kind : eBook
Book Rating : 474/5 ( reviews)

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Book Synopsis Personal Identity in Moral and Legal Reasoning by : Richard Prust

Download or read book Personal Identity in Moral and Legal Reasoning written by Richard Prust. This book was released on 2019-10-31. Available in PDF, EPUB and Kindle. Book excerpt: Many questions about moral and legal judgments hinge on how we understand the identity of the agents. The intractability of many of these questions stems, this book argues, from ignoring how we actually connect actions with agents. When making everyday judgments about the morality or legality of actions, we do not use Aristotelian logic but what is termed “character logic”. The difference is crucial because implicit in character logic is an understanding of personal identity that is both coherent and intuitively familiar. A person, as we conceptualize him in moral and legal contexts, is a character of resolve. By unpacking what it means to be a character of resolve, this book reveals what underwrites our most fundamental beliefs about a person’s rights and responsibilities. It also provides a new and useful perspective on a variety of issues about rights and responsibilities that perennially occupy philosophers. This book discusses the following: • How we can make better sense of “human rights” if we think of them as “personal rights”. • How the right to be civilly disobedient, in contrast with ordinary law-breaking, can be justified as a personal right. • What basis we have for holding that someone’s responsibility is diminished. • How it makes sense to hold someone responsible for acting irresponsibly. • How it makes sense to distinguish a juvenile offender from someone who should be tried in criminal court. • What kind of correction we should expect from our correctional institutions and how we should design them to achieve that. By making explicit the axioms of character logic and exploring their origins and justification, the book provides a conceptually powerful tool for interpreting the protocols of a person-respecting society.

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