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.
In an original synthesis of communication theory and their own research and experience as intervention agents, the authors of Moral Conflict describe a dialectical tension between the expression and suppression of conflict that can be transcended in ways that lead to personal growth and productive patterns of social action. Several projects are described as practical examples of these ways of working.
"New insights offered by neuroscience have provoked discussions of the nature of human agency and responsibility. Alces draws on neuroscience to explore the internal contradictions of legal doctrines, and consider what would be involved in constructing novel legal regimes based on emerging understandings of human capacities and characteristics not only in criminal law but in contract and tort law."--Provided by publisher.
Yellowstone holds a special place in America's heart. As the world's first national park, it is globally recognized as the crown jewel of modern environmental preservation. But the park and its surrounding regions have recently become a lightning rod for environmental conflict, plagued by intense and intractable political struggles among the federal government, National Park Service, environmentalists, industry, local residents, and elected officials. The Battle for Yellowstone asks why it is that, with the flood of expert scientific, economic, and legal efforts to resolve disagreements over Yellowstone, there is no improvement? Why do even seemingly minor issues erupt into impassioned disputes? What can Yellowstone teach us about the worsening environmental conflicts worldwide? Justin Farrell argues that the battle for Yellowstone has deep moral, cultural, and spiritual roots that until now have been obscured by the supposedly rational and technical nature of the conflict. Tracing in unprecedented detail the moral causes and consequences of large-scale social change in the American West, he describes how a "new-west" social order has emerged that has devalued traditional American beliefs about manifest destiny and rugged individualism, and how morality and spirituality have influenced the most polarizing and techno-centric conflicts in Yellowstone's history. This groundbreaking book shows how the unprecedented conflict over Yellowstone is not all about science, law, or economic interests, but more surprisingly, is about cultural upheaval and the construction of new moral and spiritual boundaries in the American West.
An analysis of medical ethics during war and the inherent conflict between the principles of bioethics and the morally legitimate but competing demands of military necessity.
This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously. Even though the law should be regarded as the primary mode of settlement of our moral conflicts,it can, and should, also be the object and the forum of further moral conflicts. There is more to the rule of law than convergence and determinacy and it is important therefore to question the importance of agreement in law and politics. By addressing in detail issues pertaining to the nature and sources of disagreement, its extent and significance, as well as the procedural, institutional and substantive responses to disagreement in the law and their legitimacy, this book suggests the value of a comprehensive approach to thinking about conflict, which until recently has been analysed in a compartmentalized way. It aims to provide a fully-fledged political morality of conflict by drawing on the analysis of topical jurisprudential questions in the new light of disagreement. Developing such a global theory of disagreement in the law should be read in the context of the broader effort of reconstructing a complete account of democratic law-making in pluralistic societies. The book will be of value not only to legal philosophers and constitutional theorists, but also to political and democratic theorists, as well as to all those interested in public decision-making in conditions of conflict.
"Political Philosophies in Moral Conflict presents the theories and issues of political philosophy as tools for understanding and expressing the various views of the role of the state in people's lives. Students will explore the impact of classic and contemporary philosophical theories as they affect the political structure of lives today through a variety of current, controversial debates such as racial profiling, drug legalization, pollution control and physician-assisted suicide. Cases such as school vouchers, Microsoft's trade restraint, polygamy, and abortion offer a way to demonstrate the practical impact of competing political philosophies" -- Publisher description.
This book advances an interdisciplinary understanding of moral injury by analyzing the stories of military veterans of combat and peace missions. In the past decade, the concept of moral injury has emerged to address the potential moral impact of deployment. This book contributes to an interdisciplinary conceptualization of moral injury while, at the same time, critically evaluating the concept’s premises and implications. It paints an urgent and compassionate picture of the moral impact of soldiers’ deployment experience and the role of political practices and public perceptions in moral injury. It does so by drawing on the experiences of close to a hundred Dutch veterans deployed to Bosnia (Srebrenica) and Afghanistan, and analyzing their stories from the perspectives of psychology, philosophy, theology and social sciences. Ultimately, this book advances the understanding of moral, political and societal dimensions of moral injury and contributes to practical efforts aimed at its prevention. This book will be of much interest to students of ethics and war, cultural anthropology, conflict studies and international relations.
