Ethical Rationalism and the Law

Ethical Rationalism and the Law

Author: Patrick Capps

Publisher: Bloomsbury Publishing

Published: 2017-01-26

Total Pages: 277

ISBN-13: 150991000X

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What role does reason play in determining what, if anything, is morally right? What role does morality play in law? Perhaps the most controversial answer to these fundamental questions is that reason supports a supreme principle of both morality and legality. The contributors to this book cast a fresh critical eye over the coherence of modern approaches to ethical rationalism within law, and reflect on the intellectual history on which it builds. The contributors then take the debate beyond the traditional concerns of legal theory into areas such as the relationship between morality and international law, and the impact of ethically controversial medical innovations on legal understanding.


Ethical Rationalism and the Law

Ethical Rationalism and the Law

Author: Patrick Capps

Publisher: Bloomsbury Publishing

Published: 2017-01-26

Total Pages: 471

ISBN-13: 1509909990

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What role does reason play in determining what, if anything, is morally right? What role does morality play in law? Perhaps the most controversial answer to these fundamental questions is that reason supports a supreme principle of both morality and legality. The contributors to this book cast a fresh critical eye over the coherence of modern approaches to ethical rationalism within law, and reflect on the intellectual history on which it builds. The contributors then take the debate beyond the traditional concerns of legal theory into areas such as the relationship between morality and international law, and the impact of ethically controversial medical innovations on legal understanding.


Aristotle and Natural Law

Aristotle and Natural Law

Author: Tony Burns

Publisher: Bloomsbury Publishing

Published: 2011-10-27

Total Pages: 225

ISBN-13: 1441107169

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Aristotle and Natural Law lays out a new theoretical approach which distinguishes between the notions of 'interpretation,' 'appropriation,' 'negotiation' and 'reconstruction' of the meaning of texts and their component concepts. These categories are then deployed in an examination of the role which the concept of natural law is used by Aristotle in a number of key texts. The book argues that Aristotle appropriated the concept of natural law, first formulated by the defenders of naturalism in the 'nature versus convention debate' in classical Athens. Thereby he contributed to the emergence and historical evolution of the meaning of one of the most important concept in the lexicon of Western political thought. Aristotle and Natural Law argues that Aristotle's ethics is best seen as a certain type of natural law theory which does not allow for the possibility that individuals might appeal to natural law in order to criticize existing laws and institutions. Rather its function is to provide them with a philosophical justification from the standpoint of Aristotle's metaphysics.


Aristotle's Legal Theory

Aristotle's Legal Theory

Author: George Duke

Publisher: Cambridge University Press

Published: 2020

Total Pages: 193

ISBN-13: 110715703X

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This book offers a systematic exposition of Aristotle's legal thought and account of the relationship between law and politics.


Ethical Rationalism and the Law

Ethical Rationalism and the Law

Author: Patrick Capps

Publisher:

Published: 2017

Total Pages:

ISBN-13: 9781509910014

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The past, present and future of ethical rationalism / Patrick Capps and Shaun D. Pattinson -- How to become a successful Hegelian / Stuart Toddington -- Identifying and justifying moral norms : necessary basics / Kenneth R Westphal -- Hope, agency, and aesthetic sensibility : a response to Beyleveld's account of Kantian hope / Dascha Düring and Marcus Düwell -- Justification in morality and the law / Michael Boylan -- Advance refusals and the personal identity objection / Shaun D Pattinson -- Law as a moral judgment, the domain of jurisprudence, and technological management / Roger Brownsword -- Beyond reason : the legal importance of emotions / Thom Brooks and Diana Sankey -- Public goods in the ethical reconsideration of research innovation / Benjamin Capps -- Privacy, politeness, and the boundary between theory and practice in ethical rationalism / David Townend -- Fidelity to international law : on international courts and politics / Henrik Palmer Olsen -- Legal idealism and global law / Patrick Capps -- What is Gewirth and what is Beyleveld? a retrospect with comments on the contributions / Deryck Beyleveld


Reasons without Rationalism

Reasons without Rationalism

Author: Kieran Setiya

Publisher: Princeton University Press

Published: 2009-04-11

Total Pages: 143

ISBN-13: 1400827728

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Modern philosophy has been vexed by the question "Why should I be moral?" and by doubts about the rational authority of moral virtue. In Reasons without Rationalism, Kieran Setiya shows that these doubts rest on a mistake. The "should" of practical reason cannot be understood apart from the virtues of character, including such moral virtues as justice and benevolence, and the considerations to which the virtues make one sensitive thereby count as reasons to act. Proposing a new framework for debates about practical reason, Setiya argues that the only alternative to this "virtue theory" is a form of ethical rationalism in which reasons derive from the nature of intentional action. Despite its recent popularity, however, ethical rationalism is false. It wrongly assumes that we act "under the guise of the good," or it relies on dubious views about intention and motivation. It follows from the failure of rationalism that the virtue theory is true: we cannot be fully good without the perfection of practical reason, or have that perfection without being good. Addressing such topics as the psychology of virtue and the explanation of action, Reasons without Rationalism is essential reading for philosophers interested in ethics, rationality, or the philosophy of mind.


Ethical Rationalism and Secularisation in the British Enlightenment

Ethical Rationalism and Secularisation in the British Enlightenment

Author: Dafydd Mills Daniel

Publisher: Springer Nature

Published: 2020-10-22

Total Pages: 351

ISBN-13: 3030522032

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This book reassesses the ethics of reason in the Age of the Reason, making use of the neglected category of conscience. Arguing that conscience was a central feature of British Enlightenment ethical rationalism, the book explores the links between Enlightenment philosophy and modern secularisation, while responding to longstanding criticisms of rational intuitionism and the analogy between mathematics and morals, derived from David Hume and Immanuel Kant. Questioning in what sense British Enlightenment ethical rationalism can be associated with a secularising ‘Enlightenment project’, Daniel investigates the extent to which contemporary, and secular liberal, invocations of reason and conscience rely on the early modern Christian metaphysics they have otherwise disregarded. The chapters cover a rich collection of subjects, ranging from the Enlightenment’s secular legacy, reason and conscience in the history of ethics, and controversies in the Scottish Enlightenment, to the role of British moralists such as John Locke, Joseph Butler and Adam Smith in the secularisation of reason and conscience. Each chapter expertly refines Enlightenment ethical rationalism by reinterpreting its most influential proponents in eighteenth-century Britain – the followers of ‘Isaac Newton’s bulldog’ Samuel Clarke – including Richard Price (Edmund Burke’s opponent over the French Revolution) and John Witherspoon (the only clergyman to sign the US declaration of Independence).


Agency, Morality and Law

Agency, Morality and Law

Author: Joshua Jowitt

Publisher: Bloomsbury Publishing

Published: 2023-01-12

Total Pages: 185

ISBN-13: 1509947698

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How does law possess the normative force it requires to direct our actions? This book argues that this seemingly innocuous question is of central importance to the philosophy of law and, by extension, of the very concept of law itself. It advances a position grounded in the secular natural law tradition, and in doing so addresses the two success criteria for this position head on: Firstly, that commitment to the existence of a supreme moral principle is required; Secondly, that any supreme moral principle must be identifiable through human reason. The book argues that these conditions are met by Alan Gewirth's Principle of Generic Consistency (PGC), which – through a dialectically necessary argument – locates the existence of universally applicable moral norms in the concept of agency. Given the very purpose of law is to guide action, legal norms must be located in a unified hierarchy of practical reason. It follows that, if law is to succeed in claiming to be capable of guiding our action, moral permissibility with reference to the PGC is a necessary condition of a rule's legal validity. This strong theory of natural law is defended throughout, both against moral sceptics and positions within contemporary legal positivism.


Revisiting Landmark Cases in Medical Law

Revisiting Landmark Cases in Medical Law

Author: Shaun D. Pattinson

Publisher: Routledge

Published: 2018-09-27

Total Pages: 201

ISBN-13: 1317612809

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Is it lawful for a doctor to give a patient life-shortening pain relief? Can treatment be lawfully provided to a child under 16 on the basis of her consent alone? Is it lawful to remove food and water provided by tube to a patient in a vegetative state? Is a woman’s refusal of a caesarean section recommended for the benefit of the fetus legally decisive? These questions were central to the four focal cases revisited in this book. This book revisits nine landmark cases. For each, a new leading judgment is attributed to an imagined judge, Athena, who operates within the constraints of the legal system of England and Wales. Her judgments accord with an innovative legal theory, referred to as ‘modified law as integrity’, and are linked as a line of precedent. The result is a re-spinning of extant judicial threads into a web of legal principles with a greater claim to coherence and defensibility than those in the original cases. The book will be of great interest to scholars and students of medical law, criminal law, bioethics, legal theory and moral philosophy.