Legal, Moral, and Metaphysical Truths

Legal, Moral, and Metaphysical Truths

Author: Kimberly Kessler Ferzan

Publisher: Oxford University Press

Published: 2016-04-14

Total Pages: 490

ISBN-13: 0191008974

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Perhaps more than any other scholar, Michael Moore has argued that there are deep and necessary connections between metaphysics, morality, and law. Moore has developed every contour of a theory of criminal law, from philosophy of action to a theory of causation. Indeed, not only is he the central figure in retributive punishment but his moral realist position places him at the center of many jurisprudential debates. Comprising of essays by leading scholars, this volume dicusses and challenges the work of Michael Moore from one or more of the areas where he has made a lasting contribution, namely, law, morality, metaphysics, psychiatry, and neuroscience. The volume begins with a riveting contribution by Heidi Hurd, wherein she takes an unadorned and unabashed look at the man behind this monumental body of work, full of both triumphs and sadness. A number of essays focus on Moore's view of the purpose and justification of the criminal law, specifically his endorsement of retributivism and legal moralism. The book then addresses Moore's work in the various aspects of the general part of the criminal law, including Moore's position on how to understand criminal acts for double jeopardy purposes, Moore's claim that accomplice liability is superfluous, Moore's views about the culpability of negligence, and the relationship between that view and proximate causation. Furthermore, the subject of defences in criminal law is addressed, including self-defence as well as the intersection of the psychiatry, cognitive neuroscience, and the criminal law. Also discussed are features of morality, and Moore's work in general jurisprudence. Finally, Moore concludes the volume with an essay that defends and delineates the features of his views.


Book Synopsis Legal, Moral, and Metaphysical Truths by : Kimberly Kessler Ferzan

Download or read book Legal, Moral, and Metaphysical Truths written by Kimberly Kessler Ferzan and published by Oxford University Press. This book was released on 2016-04-14 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perhaps more than any other scholar, Michael Moore has argued that there are deep and necessary connections between metaphysics, morality, and law. Moore has developed every contour of a theory of criminal law, from philosophy of action to a theory of causation. Indeed, not only is he the central figure in retributive punishment but his moral realist position places him at the center of many jurisprudential debates. Comprising of essays by leading scholars, this volume dicusses and challenges the work of Michael Moore from one or more of the areas where he has made a lasting contribution, namely, law, morality, metaphysics, psychiatry, and neuroscience. The volume begins with a riveting contribution by Heidi Hurd, wherein she takes an unadorned and unabashed look at the man behind this monumental body of work, full of both triumphs and sadness. A number of essays focus on Moore's view of the purpose and justification of the criminal law, specifically his endorsement of retributivism and legal moralism. The book then addresses Moore's work in the various aspects of the general part of the criminal law, including Moore's position on how to understand criminal acts for double jeopardy purposes, Moore's claim that accomplice liability is superfluous, Moore's views about the culpability of negligence, and the relationship between that view and proximate causation. Furthermore, the subject of defences in criminal law is addressed, including self-defence as well as the intersection of the psychiatry, cognitive neuroscience, and the criminal law. Also discussed are features of morality, and Moore's work in general jurisprudence. Finally, Moore concludes the volume with an essay that defends and delineates the features of his views.


Legal, Moral, and Metaphysical Truths

Legal, Moral, and Metaphysical Truths

Author: Kimberly Kessler Ferzan

Publisher: Oxford University Press

Published: 2016

Total Pages: 465

ISBN-13: 0198703244

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Reviewing the work of legal philosopher Michael S. Moore, this volume examines how crimes ought to be defined, what justifies punishment, what moral commitments underlie the law, how our understanding of concepts such as causation impact law and morality, and how psychiatry and cognitive neuroscience relate to law.


Book Synopsis Legal, Moral, and Metaphysical Truths by : Kimberly Kessler Ferzan

Download or read book Legal, Moral, and Metaphysical Truths written by Kimberly Kessler Ferzan and published by Oxford University Press. This book was released on 2016 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reviewing the work of legal philosopher Michael S. Moore, this volume examines how crimes ought to be defined, what justifies punishment, what moral commitments underlie the law, how our understanding of concepts such as causation impact law and morality, and how psychiatry and cognitive neuroscience relate to law.


Objectivity in Ethics and Law

Objectivity in Ethics and Law

Author: Michael S. Moore

Publisher: Ashgate Publishing

Published: 2004

Total Pages: 440

ISBN-13:

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This volume collects six of Michael Moore's influential studies on moral and legal objectivity. Presented in an accessible format, the essays are brought together by a thought-provoking introduction. Contents: Introduction ETHICS Moral reality Moral reality revisited Good without God LAW Law as justice The plain truth about legal truth Legal reality: a naturalist approach to legal ontology NAME INDEX.


Book Synopsis Objectivity in Ethics and Law by : Michael S. Moore

Download or read book Objectivity in Ethics and Law written by Michael S. Moore and published by Ashgate Publishing. This book was released on 2004 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume collects six of Michael Moore's influential studies on moral and legal objectivity. Presented in an accessible format, the essays are brought together by a thought-provoking introduction. Contents: Introduction ETHICS Moral reality Moral reality revisited Good without God LAW Law as justice The plain truth about legal truth Legal reality: a naturalist approach to legal ontology NAME INDEX.


Causation and Responsibility

Causation and Responsibility

Author: Michael S. Moore

Publisher: Oxford University Press

Published: 2010-07-15

Total Pages: 635

ISBN-13: 0199599513

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The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the relationship between causation and responsibility remains unclear. What precisely is the connection between the concept of causation used in attributing responsibility and the accounts of causal relations offered in the philosophy of science and metaphysics? How much of what we call causal responsibility is in truth defined by non-causal factors? This book argues that much of thelegal doctrine on these questions is confused and incoherent, and offers the first comprehensive attempt since Hart and Honoré to clarify the philosophical background to the legal and moral debates.The book first sets out the place of causation in criminal and tort law and outlines the metaphysics presupposed by the legal doctrine. It then analyses the best theoretical accounts of causation in the philosophy of science and metaphysics, and using these accounts criticises many of the core legal concepts surrounding causation - such as intervening causation, forseeability of harm and complicity. It considers and rejects the radical proposals to eliminate the notion of causation from law byusing risk analysis to attribute responsibility. The result of the analysis is a powerful argument for revising our understanding of the role played by causation in the attribution of legal and moral responsibility.


Book Synopsis Causation and Responsibility by : Michael S. Moore

Download or read book Causation and Responsibility written by Michael S. Moore and published by Oxford University Press. This book was released on 2010-07-15 with total page 635 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the relationship between causation and responsibility remains unclear. What precisely is the connection between the concept of causation used in attributing responsibility and the accounts of causal relations offered in the philosophy of science and metaphysics? How much of what we call causal responsibility is in truth defined by non-causal factors? This book argues that much of thelegal doctrine on these questions is confused and incoherent, and offers the first comprehensive attempt since Hart and Honoré to clarify the philosophical background to the legal and moral debates.The book first sets out the place of causation in criminal and tort law and outlines the metaphysics presupposed by the legal doctrine. It then analyses the best theoretical accounts of causation in the philosophy of science and metaphysics, and using these accounts criticises many of the core legal concepts surrounding causation - such as intervening causation, forseeability of harm and complicity. It considers and rejects the radical proposals to eliminate the notion of causation from law byusing risk analysis to attribute responsibility. The result of the analysis is a powerful argument for revising our understanding of the role played by causation in the attribution of legal and moral responsibility.


Placing Blame

Placing Blame

Author: Michael S. Moore

Publisher:

Published: 2010

Total Pages: 873

ISBN-13: 0199599491

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This is a collection of essays written by Moore which form a thorough examination of the theory of criminal responsibility. The author covers a wide range of topics, giving the book a coherence and unity which is rare in assembled essays. Perhaps the most significant feature of this book isMoore's espousal of a retributivist theory of punishment. This anti-utilitarian standpoint is a common thread throughout the book. It is also a trend which is currently manifesting itself in all areas of moral, political and legal philosophy, but Moore is one of the first to apply such attitudes sosytematically to criminal law theory. As such, this innovative, new book will be of great interest to all scholars in this field.


Book Synopsis Placing Blame by : Michael S. Moore

Download or read book Placing Blame written by Michael S. Moore and published by . This book was released on 2010 with total page 873 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a collection of essays written by Moore which form a thorough examination of the theory of criminal responsibility. The author covers a wide range of topics, giving the book a coherence and unity which is rare in assembled essays. Perhaps the most significant feature of this book isMoore's espousal of a retributivist theory of punishment. This anti-utilitarian standpoint is a common thread throughout the book. It is also a trend which is currently manifesting itself in all areas of moral, political and legal philosophy, but Moore is one of the first to apply such attitudes sosytematically to criminal law theory. As such, this innovative, new book will be of great interest to all scholars in this field.


Law: Metaphysics, Meaning, and Objectivity

Law: Metaphysics, Meaning, and Objectivity

Author:

Publisher: BRILL

Published: 2007-01-01

Total Pages: 315

ISBN-13: 9401205655

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Papers in philosophy of law by some of the younger cutting-edge contributors to the field. Two sets of issues of crucial current importance are taken up. The first part deals with issues of meaning and objectivity in the metaphysics of law. The second part is about rights theory. This volume will be required reading for anyone interested in philosophy of law, and also of use for those with broader interests in ethics, metaethics, and social and political philosophy.


Book Synopsis Law: Metaphysics, Meaning, and Objectivity by :

Download or read book Law: Metaphysics, Meaning, and Objectivity written by and published by BRILL. This book was released on 2007-01-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers in philosophy of law by some of the younger cutting-edge contributors to the field. Two sets of issues of crucial current importance are taken up. The first part deals with issues of meaning and objectivity in the metaphysics of law. The second part is about rights theory. This volume will be required reading for anyone interested in philosophy of law, and also of use for those with broader interests in ethics, metaethics, and social and political philosophy.


Facts and Values

Facts and Values

Author: Giancarlo Marchetti

Publisher: Routledge

Published: 2016-11-03

Total Pages: 440

ISBN-13: 1317354672

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This collection offers a synoptic view of current philosophical debates concerning the relationship between facts and values, bringing together a wide spectrum of contributors committed to testing the validity of this dichotomy, exploring alternatives, and assessing their implications. The assumption that facts and values inhabit distinct, unbridgeable conceptual and experiential domains has long dominated scientific and philosophical discourse, but this separation has been seriously called into question from a number of corners. The original essays here collected offer a diversity of responses to fact-value dichotomy, including contributions from Hilary Putnam and Ruth Anna Putnam who are rightly credited with revitalizing philosophical interest in this alleged opposition. Both they, and many of our contributors, are in agreement that the relationship between epistemic developments and evaluative attitudes cannot be framed as a conflict between descriptive and normative understanding. Each chapter demonstrates how and why contrapositions between science and ethics, between facts and values, and between objective and subjective are false dichotomies. Values cannot simply be separated from reason. Facts and Values will therefore prove essential reading for analytic and continental philosophers alike, for theorists of ethics and meta-ethics, and for philosophers of economics and law.


Book Synopsis Facts and Values by : Giancarlo Marchetti

Download or read book Facts and Values written by Giancarlo Marchetti and published by Routledge. This book was released on 2016-11-03 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection offers a synoptic view of current philosophical debates concerning the relationship between facts and values, bringing together a wide spectrum of contributors committed to testing the validity of this dichotomy, exploring alternatives, and assessing their implications. The assumption that facts and values inhabit distinct, unbridgeable conceptual and experiential domains has long dominated scientific and philosophical discourse, but this separation has been seriously called into question from a number of corners. The original essays here collected offer a diversity of responses to fact-value dichotomy, including contributions from Hilary Putnam and Ruth Anna Putnam who are rightly credited with revitalizing philosophical interest in this alleged opposition. Both they, and many of our contributors, are in agreement that the relationship between epistemic developments and evaluative attitudes cannot be framed as a conflict between descriptive and normative understanding. Each chapter demonstrates how and why contrapositions between science and ethics, between facts and values, and between objective and subjective are false dichotomies. Values cannot simply be separated from reason. Facts and Values will therefore prove essential reading for analytic and continental philosophers alike, for theorists of ethics and meta-ethics, and for philosophers of economics and law.


Law and Morals

Law and Morals

Author: Roscoe Pound

Publisher:

Published: 1926

Total Pages: 172

ISBN-13:

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Book Synopsis Law and Morals by : Roscoe Pound

Download or read book Law and Morals written by Roscoe Pound and published by . This book was released on 1926 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Meta-ethics, Moral Objectivity and Law

Meta-ethics, Moral Objectivity and Law

Author: Veronica Rodriguez-Blanco

Publisher: Brill Mentis

Published: 2004

Total Pages: 212

ISBN-13:

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The book shows the relevance of meta-ethical and metaphysical considerations to determine the nature of law and the connection between objective moral and legal judgements. The investigation analyses the legal theories of Ronald Dworkin, Jürgen Habermas and Michael Moore. The conclusion of the scrutiny is that the discussed views fail to explain the plausible links between objective moral and legal judgements. The lesson to learn from the failure of these philosophical perspectives is that we need to revise fundamental meta-ethical conceptions within law. In addition to the view that meta-ethical and metaphysical considerations play a central role in our understanding of objective moral and legal judgements, we enforce the idea that it is necessary to revise our meta-ethical and metaphysical premises in jurisprudence. Epistemic and meta-ethical abstinence in legal theory, in this way, is challenged by a number of criticisms. The outcome of our reflection is that in legal theory, as in many other disciplines, we need to take truth and objectivity seriously.


Book Synopsis Meta-ethics, Moral Objectivity and Law by : Veronica Rodriguez-Blanco

Download or read book Meta-ethics, Moral Objectivity and Law written by Veronica Rodriguez-Blanco and published by Brill Mentis. This book was released on 2004 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book shows the relevance of meta-ethical and metaphysical considerations to determine the nature of law and the connection between objective moral and legal judgements. The investigation analyses the legal theories of Ronald Dworkin, Jürgen Habermas and Michael Moore. The conclusion of the scrutiny is that the discussed views fail to explain the plausible links between objective moral and legal judgements. The lesson to learn from the failure of these philosophical perspectives is that we need to revise fundamental meta-ethical conceptions within law. In addition to the view that meta-ethical and metaphysical considerations play a central role in our understanding of objective moral and legal judgements, we enforce the idea that it is necessary to revise our meta-ethical and metaphysical premises in jurisprudence. Epistemic and meta-ethical abstinence in legal theory, in this way, is challenged by a number of criticisms. The outcome of our reflection is that in legal theory, as in many other disciplines, we need to take truth and objectivity seriously.


The Natural Law Reader

The Natural Law Reader

Author: Jacqueline A. Laing

Publisher: John Wiley & Sons

Published: 2013-09-23

Total Pages: 468

ISBN-13: 1444333216

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The Natural Law Reader features a selection of readings in metaphysics, jurisprudence, politics, and ethics that are all related to the classical Natural Law tradition in the modern world. Features a concise presentation of the natural law position that offers the reader a focal point for discussion of ancient and contemporary ideas in the natural law tradition Draws upon the metaphysical and ethical categories put forth and developed by Aristotle and Aquinas Points to the historical significance and contemporary relevance of the Natural Law tradition Reflects on a revival of interest in the tradition of virtue ethics and human rights


Book Synopsis The Natural Law Reader by : Jacqueline A. Laing

Download or read book The Natural Law Reader written by Jacqueline A. Laing and published by John Wiley & Sons. This book was released on 2013-09-23 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Natural Law Reader features a selection of readings in metaphysics, jurisprudence, politics, and ethics that are all related to the classical Natural Law tradition in the modern world. Features a concise presentation of the natural law position that offers the reader a focal point for discussion of ancient and contemporary ideas in the natural law tradition Draws upon the metaphysical and ethical categories put forth and developed by Aristotle and Aquinas Points to the historical significance and contemporary relevance of the Natural Law tradition Reflects on a revival of interest in the tradition of virtue ethics and human rights