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2) Moral combat
Author
Description
This book explores the thesis that legal roles force people to engage in moral combat, an idea that is implicit in the assumption that citizens may be morally required to disobey unjust laws while judges may be morally required to punish citizens for civil disobedience, Heidi Hurd advances the surprising argument that the law cannot require us to do what morality forbids. In the end, Hurd shows that our best moral theory is one that never makes one...
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"This book is about the great moral issues underlying many of the headline-making political controversies of our times. It is not a comforting book but a book about disturbing and dangerous trends. The Quest for Cosmic Justice shows how confused conceptions of justice end up promoting injustice, how confused conceptions of equality end up promoting inequality, and how the tyranny of social visions prevents many people from confronting the actual consequences...
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This book offers a critical introduction to writings on law by key postmodern philosophers - Nietzsche, Foucault, Derrida, Lyotard, and Rorty - and articulates the strengths and weaknesses of postmodern legal theory. Postmodern Philosophy and Law bridges the gap between Anglo-American jurisprudence and postmodern theory by discussing not only traditional approaches such as natural law theory and legal positivism but also continental philosophy and...
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Description
Thirteen articles define and defend a theory of law more liberal than the current legal positivism that restricts individual legal rights to those created by political decision or by explicit social practice. The thesis advanced by Dworkin is that people have rights against the state that are prior to those created by legislation.
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"The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies - the application of the social sciences and the humanities to law in the hope of making law less formalistic, more practical, better grounded empirically, better tailored to social goals. Judge Richard A. Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier."--Jacket.
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"An Introduction to Rights is the only accessible and readable introduction to the history, logic, moral implications, and political tendencies of the idea of rights. It is organized chronologically and discusses important historical events such as the French Revolution. It deals with historical figures, including Grotius, Paley, Hobbes, Locke, Bentham, Burke, Godwin, Mill, and Hohfeld, and covers contemporary debates, including consequentialism versus...
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Description
In this significant contribution to Hegel scholarship, Robert Williams develops the most comprehensive account to date of Hegel's concept of recognition (Anerkennung). Fichte introduced the concept of recognition as a presupposition of both Rousseau's social contract and Kant's ethics. Williams shows that Hegel appropriated the concept of recognition as the general pattern of his concept of ethical life, breaking with natural law theory yet incorporating...
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