Law as a Moral Idea

Law as a Moral Idea

Author: Nigel E. Simmonds

Publisher: OUP Oxford

Published: 2007

Total Pages: 226

ISBN-13:

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This book argues that the institutions of law, and the structures of legal thought, are to be understood by reference to a moral ideal. The idea of law is an ideal of freedom, or independence from the power of others. The moral value and justificatory force of law are not contingent uponcircumstance, but intrinsic to its character as law. Doctrinal legal arguments are shaped by rival conceptions of the conditions for realisation of the idea of law.In making these claims, the author rejects the viewpoint of much contemporary legal theory, and seeks to move jurisprudence closer to an older tradition of philosophical reflection upon law, exemplified by Hobbes and Kant. Modern analytical jurisprudence has tended to view these older philosophiesas confused precisely in so far as they equate an understanding of law's nature with a revelation of its moral basis. According to most contemporary legal theorists, the understanding and analysis of existing institutions is quite distinct from any enterprise of moral reflection. But therelationship between ideals and practices is much more intimate than this approach would suggest. Some institutions can be properly understood only when they are viewed as imperfect attempts to realise moral or political ideals; and some ideals can be conceived only by reference to their expressionin institutions.


Minding the Gap

Minding the Gap

Author: Karen Stohr

Publisher: Oxford University Press

Published: 2019-09-02

Total Pages: 277

ISBN-13: 019086754X

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Most of us care about being a good person. Most of us also recognize that we fall far short of our morals aspirations, that there is a gap between what we are like and what we think we should be like. The aim of moral improvement is to narrow that gap. And yet as a practical undertaking, moral improvement is beset by difficulties. We are not very good judges of what we are like and we are often unclear about what it would mean to be better. This book aims to give an honest account of moral improvement that takes seriously the challenges that we encounter--the practical and philosophical--in trying to make ourselves morally better. Ethical theories routinely present us with accounts of ideal moral agents that we are supposed to emulate. These accounts, however, often lack normative authority for us and they may also fail to provide us with adequate guidance about how to live in our flawed moral reality. Stohr presents moral improvement as a project for non-ideal persons living in non-ideal circumstances. An adequate account of moral improvement must have psychologically plausible starting points and rely on ideals that are normatively authoritative and regulatively efficacious for the person trying to emulate them. Moral improvement should be understood as the project of articulating and inhabiting an aspirational moral identity. That identity is cultivated through existing practical identities and standpoints, which are fundamentally social and which generate practical conflicts about how to live. The success of moral improvement depends on it taking place within what she calls good "moral neighborhoods." Moral neighborhoods are collaborative normative spaces, constructed from networks of social practices and conventions, in which we can articulate and act as better versions of ourselves. The book concludes with a discussion of three social practices that contribute to good moral neighborhoods, and so to moral improvement.


Rethinking the Good

Rethinking the Good

Author: Larry S. Temkin

Publisher: Oxford University Press

Published: 2012-01-20

Total Pages: 639

ISBN-13: 0190208651

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In choosing between moral alternatives -- choosing between various forms of ethical action -- we typically make calculations of the following kind: A is better than B; B is better than C; therefore A is better than C. These inferences use the principle of transitivity and are fundamental to many forms of practical and theoretical theorizing, not just in moral and ethical theory but in economics. Indeed they are so common as to be almost invisible. What Larry Temkin's book shows is that, shockingly, if we want to continue making plausible judgments, we cannot continue to make these assumptions. Temkin shows that we are committed to various moral ideals that are, surprisingly, fundamentally incompatible with the idea that "better than" can be transitive. His book develops many examples where value judgments that we accept and find attractive, are incompatible with transitivity. While this might seem to leave two options -- reject transitivity, or reject some of our normative commitments in order to keep it -- Temkin is neutral on which path to follow, only making the case that a choice is necessary, and that the cost either way will be high. Temkin's book is a very original and deeply unsettling work of skeptical philosophy that mounts an important new challenge to contemporary ethics.


Moral Wisdom and Good Lives

Moral Wisdom and Good Lives

Author: John Kekes

Publisher: Cornell University Press

Published: 2018-10-18

Total Pages: 250

ISBN-13: 1501721860

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In this profound and yet accessible book, John Kekes discusses moral wisdom: a virtue essential to living a morally good and personally satisfying life. He advances a broad, nontechnical argument that considers the adversities inherent in the human condition and assists in the achievement of good lives. The possession of moral wisdom, Kekes asserts, is a matter of degree: more of it makes lives better, less makes them worse. Exactly what is moral wisdom, however, and how should it be sought? Ancient Greek and medieval Christian philosophers were centrally concerned with it. By contrast, modern Western sensibility doubts the existence of a moral order in reality; and because we doubt it, and have developed no alternatives, we have grown dubious about the traditional idea of wisdom. Kekes returns to the classical Greek sources of Western philosophy to argue for the contemporary significance of moral wisdom. He develops a proposal that is eudaimonistic—secular, anthropocentric, pluralistic, individualistic, and agonistic. He understands moral wisdom as focusing on the human effort to create many different forms of good lives. Although the approach is Aristotelian, the author concentrates on formulating and defending a contemporary moral ideal. The importance of this ideal, he shows, lies in increasing our ability to cope with life's adversities by improving our judgment. In chapters on moral imagination, self-knowledge, and moral depth, Kekes calls attention to aspects of our inner life that have been neglected because of our cultural inattention to moral wisdom. He discusses these inner processes through the tragedies of Sophocles, which can inspire us with their enduring moral significance and help us to understand the importance of moral wisdom to living a good life.


Authenticity as an Ethical Ideal

Authenticity as an Ethical Ideal

Author: Somogy Varga

Publisher: Routledge

Published: 2013-03-01

Total Pages: 206

ISBN-13: 1136508309

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Authenticity has become a widespread ethical ideal that represents a way of dealing with normative gaps in contemporary life. This ideal suggests that one should be true to oneself and lead a life expressive of what one takes oneself to be. However, many contemporary thinkers have pointed out that the ideal of authenticity has increasingly turned into a kind of aestheticism and egoistic self-indulgence. In his book, Varga systematically constructs a critical concept of authenticity that takes into account the reciprocal shaping of capitalism and the ideal of authenticity. Drawing on different traditions in critical social theory, moral philosophy and phenomenology, Varga builds a concept of authenticity that can make intelligible various problematic and potentially exhausting practices of the self.


Science and Moral Imagination

Science and Moral Imagination

Author: Matthew J. Brown

Publisher: University of Pittsburgh Press

Published: 2020-11-17

Total Pages: 381

ISBN-13: 0822987678

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The idea that science is or should be value-free, and that values are or should be formed independently of science, has been under fire by philosophers of science for decades. Science and Moral Imagination directly challenges the idea that science and values cannot and should not influence each other. Matthew J. Brown argues that science and values mutually influence and implicate one another, that the influence of values on science is pervasive and must be responsibly managed, and that science can and should have an influence on our values. This interplay, he explains, must be guided by accounts of scientific inquiry and value judgment that are sensitive to the complexities of their interactions. Brown presents scientific inquiry and value judgment as types of problem-solving practices and provides a new framework for thinking about how we might ethically evaluate episodes and decisions in science, while offering guidance for scientific practitioners and institutions about how they can incorporate value judgments into their work. His framework, dubbed “the ideal of moral imagination,” emphasizes the role of imagination in value judgment and the positive role that value judgment plays in science.


Sincerity: How a Moral Ideal Born Five Hundred Years Ago Inspired Religious Wars, Modern Art, Hipster Chic, and the Curious Notion that We All Have Something to Say (no Matter how Dull)

Sincerity: How a Moral Ideal Born Five Hundred Years Ago Inspired Religious Wars, Modern Art, Hipster Chic, and the Curious Notion that We All Have Something to Say (no Matter how Dull)

Author: R Jay Magill

Publisher: W. W. Norton & Company

Published: 2012-07-16

Total Pages: 273

ISBN-13: 0393080986

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Explores the history, religion, art, and politics behind the history of sincerity, spanning a timeline dotted with Protestant theology, paintings by the insane, French satire, and the anti-hipster movement.


Common Morality

Common Morality

Author: Bernard Gert

Publisher: Oxford University Press

Published: 2004-08-19

Total Pages: 203

ISBN-13: 0198038720

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Distinguished philosopher Bernard Gert presents a clear and concise introduction to what he calls "common morality"--the moral system that most thoughtful people implicitly use when making everyday, common sense moral decisions and judgments. Common Morality is useful in that--while not resolving every disagreement on controversial issues--it is able to distinguish between acceptable and unacceptable answers to moral problems.