Moral Pluralism and Legal Neutrality

Moral Pluralism and Legal Neutrality

Author: Wojciech Sadurski

Publisher: Springer Science & Business Media

Published: 2013-12-14

Total Pages: 225

ISBN-13: 940091928X

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lt is a commonplace that law and morality intersect and interpenetrate in all the areas of legal decision-making; that in order to make sense of constitutional, statutory or common-law questions, judges and other legal decision-makers must first resolve certain philosophical issues which include moral judgments of right and wrang_ This is particularly evident with regard to constitutional interpretation, especially when constitutions give a mandate for the protection of the substantive norms and values entrenched as constitutional rights. In these Situations, as a leading contemporary legal philosopher observed, the "Constitution fuses legal and moral issues, by making the validity of a law depend on an answer to complex moral 1 problems". But the need for substantive value elucidation is not confined, of course, only to constitutional interpretation under Bills of Rights. This, however, immediately raises a dilemma stemming from the moral diversity and pluralism of modern liberal societies. How can law remain sensitive to this pluralism and yet provide clear answers to the problems which call for a legal resolution? Sharply conflicting values in modern societies clash in the debates over the death penalty, abortion, homosexuality, separation of state and religion, the scope of the freedom of the press, or affirmative action. lt would often be difficult to discern a broader consensus within which these clashes of values operate, unless this consensus were described in such vague terms as to render it practically meaningless.


Book Synopsis Moral Pluralism and Legal Neutrality by : Wojciech Sadurski

Download or read book Moral Pluralism and Legal Neutrality written by Wojciech Sadurski and published by Springer Science & Business Media. This book was released on 2013-12-14 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: lt is a commonplace that law and morality intersect and interpenetrate in all the areas of legal decision-making; that in order to make sense of constitutional, statutory or common-law questions, judges and other legal decision-makers must first resolve certain philosophical issues which include moral judgments of right and wrang_ This is particularly evident with regard to constitutional interpretation, especially when constitutions give a mandate for the protection of the substantive norms and values entrenched as constitutional rights. In these Situations, as a leading contemporary legal philosopher observed, the "Constitution fuses legal and moral issues, by making the validity of a law depend on an answer to complex moral 1 problems". But the need for substantive value elucidation is not confined, of course, only to constitutional interpretation under Bills of Rights. This, however, immediately raises a dilemma stemming from the moral diversity and pluralism of modern liberal societies. How can law remain sensitive to this pluralism and yet provide clear answers to the problems which call for a legal resolution? Sharply conflicting values in modern societies clash in the debates over the death penalty, abortion, homosexuality, separation of state and religion, the scope of the freedom of the press, or affirmative action. lt would often be difficult to discern a broader consensus within which these clashes of values operate, unless this consensus were described in such vague terms as to render it practically meaningless.


Morality, Politics, and Law

Morality, Politics, and Law

Author: Michael J. Perry

Publisher: Oxford University Press

Published: 1990-05-10

Total Pages: 336

ISBN-13: 019536239X

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Addressing the proper relation of moral and religious belief to politics and law, especially constitutional law, Perry here discusses whether a common moral foundation exists that is capable of providing, in a diverse social system like ours, consistent guidelines for handling divisive political, policy, religious and constitutional disputes. His study represents a distinctive position in the vast and growing literature on the moral foundations of liberal political and legal life.


Book Synopsis Morality, Politics, and Law by : Michael J. Perry

Download or read book Morality, Politics, and Law written by Michael J. Perry and published by Oxford University Press. This book was released on 1990-05-10 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing the proper relation of moral and religious belief to politics and law, especially constitutional law, Perry here discusses whether a common moral foundation exists that is capable of providing, in a diverse social system like ours, consistent guidelines for handling divisive political, policy, religious and constitutional disputes. His study represents a distinctive position in the vast and growing literature on the moral foundations of liberal political and legal life.


Pluralism and Liberal Neutrality

Pluralism and Liberal Neutrality

Author: Richard Bellamy

Publisher: Routledge

Published: 2020-04-27

Total Pages: 165

ISBN-13: 1135232059

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The crisis of liberalism is in its claim to endorse neutral procedures that allow individuals and groups to pursue their own good, when the very possibility of such neutrality is affected by the growth of plural societies, and resulting divisions of loyalty. This collection explores this crisis.


Book Synopsis Pluralism and Liberal Neutrality by : Richard Bellamy

Download or read book Pluralism and Liberal Neutrality written by Richard Bellamy and published by Routledge. This book was released on 2020-04-27 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: The crisis of liberalism is in its claim to endorse neutral procedures that allow individuals and groups to pursue their own good, when the very possibility of such neutrality is affected by the growth of plural societies, and resulting divisions of loyalty. This collection explores this crisis.


Giving Desert Its Due

Giving Desert Its Due

Author: Wojciech Sadurski

Publisher: Springer Science & Business Media

Published: 2013-03-09

Total Pages: 333

ISBN-13: 9401577064

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During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field.


Book Synopsis Giving Desert Its Due by : Wojciech Sadurski

Download or read book Giving Desert Its Due written by Wojciech Sadurski and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field.


Judicial Review in an Age of Moral Pluralism

Judicial Review in an Age of Moral Pluralism

Author: Ronald C. Den Otter

Publisher: Cambridge University Press

Published: 2012-05-10

Total Pages: 0

ISBN-13: 9781107404540

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Americans cannot live with judicial review, but they cannot live without it. There is something characteristically American about turning the most divisive political questions - like freedom of religion, same-sex marriage, affirmative action, and abortion - into legal questions with the hope that courts can answer them. In Judicial Review in an Age of Moral Pluralism Ronald C. Den Otter addresses how judicial review can be improved to strike the appropriate balance between legislative and judicial power under conditions of moral pluralism. His defense of judicial review is predicated on the imperative of ensuring that the reasons that the state offers on behalf of its most important laws are consistent with the freedom and equality of all persons. Den Otter ties this defense to a theory of constitutional adjudication based on John Rawls's idea of public reason and argues that a law that is not sufficiently publicly justified is unconstitutional, thus addressing when courts should invalidate laws and when they should uphold them even in the midst of reasonable disagreement about the correct outcome in particular constitutional controversies.


Book Synopsis Judicial Review in an Age of Moral Pluralism by : Ronald C. Den Otter

Download or read book Judicial Review in an Age of Moral Pluralism written by Ronald C. Den Otter and published by Cambridge University Press. This book was released on 2012-05-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans cannot live with judicial review, but they cannot live without it. There is something characteristically American about turning the most divisive political questions - like freedom of religion, same-sex marriage, affirmative action, and abortion - into legal questions with the hope that courts can answer them. In Judicial Review in an Age of Moral Pluralism Ronald C. Den Otter addresses how judicial review can be improved to strike the appropriate balance between legislative and judicial power under conditions of moral pluralism. His defense of judicial review is predicated on the imperative of ensuring that the reasons that the state offers on behalf of its most important laws are consistent with the freedom and equality of all persons. Den Otter ties this defense to a theory of constitutional adjudication based on John Rawls's idea of public reason and argues that a law that is not sufficiently publicly justified is unconstitutional, thus addressing when courts should invalidate laws and when they should uphold them even in the midst of reasonable disagreement about the correct outcome in particular constitutional controversies.


The Morality of Freedom

The Morality of Freedom

Author: Joseph Raz

Publisher: Clarendon Press

Published: 1986-06-12

Total Pages: 452

ISBN-13: 0191519960

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Ranging over central issues of morals and politics, this book discusses the nature of freedom and authority. It examines the role of value-neutrality, rights, equality, and the prevention of harm in the liberal tradition, and relates them to fundamental moral questions such as the relation of values to social forms, the comparability of values, and the significance of personal commitments.


Book Synopsis The Morality of Freedom by : Joseph Raz

Download or read book The Morality of Freedom written by Joseph Raz and published by Clarendon Press. This book was released on 1986-06-12 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ranging over central issues of morals and politics, this book discusses the nature of freedom and authority. It examines the role of value-neutrality, rights, equality, and the prevention of harm in the liberal tradition, and relates them to fundamental moral questions such as the relation of values to social forms, the comparability of values, and the significance of personal commitments.


Against Perfectionism

Against Perfectionism

Author: Steven Lecce

Publisher: University of Toronto Press

Published: 2008-01-01

Total Pages: 361

ISBN-13: 0802094473

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Against Perfectionism defends neutralist liberalism as the most appropriate political morality for democratic societies.


Book Synopsis Against Perfectionism by : Steven Lecce

Download or read book Against Perfectionism written by Steven Lecce and published by University of Toronto Press. This book was released on 2008-01-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against Perfectionism defends neutralist liberalism as the most appropriate political morality for democratic societies.


The Pluralist Game

The Pluralist Game

Author: Francis Canavan

Publisher: Rowman & Littlefield

Published: 1995

Total Pages: 192

ISBN-13: 9780847680931

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The "pluralist game," the way in which we attempt to resolve the problems arising out of our pluralism through the political and judicial processes, necessarily engages the citizens of our society. This book brings together 14 essays from a leading Catholic political theorist to address the central issue of American theological, political, and social thought: the relationship between religion, morals, law, and public policy in a pluralistic liberal society.


Book Synopsis The Pluralist Game by : Francis Canavan

Download or read book The Pluralist Game written by Francis Canavan and published by Rowman & Littlefield. This book was released on 1995 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "pluralist game," the way in which we attempt to resolve the problems arising out of our pluralism through the political and judicial processes, necessarily engages the citizens of our society. This book brings together 14 essays from a leading Catholic political theorist to address the central issue of American theological, political, and social thought: the relationship between religion, morals, law, and public policy in a pluralistic liberal society.


Liberalism, Neutrality, and the Gendered Division of Labor

Liberalism, Neutrality, and the Gendered Division of Labor

Author: Gina Schouten

Publisher: Oxford University Press

Published: 2019-05-02

Total Pages: 304

ISBN-13: 0192542451

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This book defends progressive political interventions to erode the gendered division of labor as legitimate exercises of coercive political power. The gendered division of labor is widely regarded as the linchpin of gender injustice. The process of gender equalization in domestic and paid labor allocations has stalled, and a growing number of scholars argue that, absent political intervention, further eroding of the gendered division of labor will not be forthcoming anytime soon. Certain political interventions could jumpstart the stalled gender revolution, but beyond their prospects for effectiveness, such interventions stand in need of another kind of justification. In a diverse, liberal state, reasonable citizens will disagree about what makes for a good life and a good society. Because a fundamental commitment of liberalism is to limit political intrusion into the lives of citizens and allow considerable space for those citizens to act on their own conceptions of the good, questions of legitimacy arise. Legitimacy concerns the constraints we must abide by as we seek collective political solutions to our shared social problems, given that we will disagree, reasonably, both about what constitutes a problem and about what costs we should be willing to incur to fix it. The interventions in question would effectively subsidize gender egalitarian lifestyles at a cost to those who prefer to maintain a traditional gendered division of labor. In a pluralistic, liberal society where many citizens reasonably resist the feminist agenda, can we legitimately use scarce public resources to finance coercive interventions to subsidize gender egalitarianism? This book argues that they can, and moreover, that they can even by the lights of political liberalism, a particularly demanding theory of liberal legitimacy.


Book Synopsis Liberalism, Neutrality, and the Gendered Division of Labor by : Gina Schouten

Download or read book Liberalism, Neutrality, and the Gendered Division of Labor written by Gina Schouten and published by Oxford University Press. This book was released on 2019-05-02 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book defends progressive political interventions to erode the gendered division of labor as legitimate exercises of coercive political power. The gendered division of labor is widely regarded as the linchpin of gender injustice. The process of gender equalization in domestic and paid labor allocations has stalled, and a growing number of scholars argue that, absent political intervention, further eroding of the gendered division of labor will not be forthcoming anytime soon. Certain political interventions could jumpstart the stalled gender revolution, but beyond their prospects for effectiveness, such interventions stand in need of another kind of justification. In a diverse, liberal state, reasonable citizens will disagree about what makes for a good life and a good society. Because a fundamental commitment of liberalism is to limit political intrusion into the lives of citizens and allow considerable space for those citizens to act on their own conceptions of the good, questions of legitimacy arise. Legitimacy concerns the constraints we must abide by as we seek collective political solutions to our shared social problems, given that we will disagree, reasonably, both about what constitutes a problem and about what costs we should be willing to incur to fix it. The interventions in question would effectively subsidize gender egalitarian lifestyles at a cost to those who prefer to maintain a traditional gendered division of labor. In a pluralistic, liberal society where many citizens reasonably resist the feminist agenda, can we legitimately use scarce public resources to finance coercive interventions to subsidize gender egalitarianism? This book argues that they can, and moreover, that they can even by the lights of political liberalism, a particularly demanding theory of liberal legitimacy.


The Dynamics of Law and Morality

The Dynamics of Law and Morality

Author: Wibren van der Burg

Publisher: Ashgate Publishing

Published: 2014

Total Pages: 0

ISBN-13: 9781306818599

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This book investigates the dynamic intertwinement of law and morality, with a focus on new and developing fields of law. Taking as its starting point the debates and mutual misunderstandings between proponents of different philosophical traditions, it argues that this theoretical pluralism is better explained once law is accepted as an essentially ambiguous concept. Continuing on, the book develops a robust theory of law that increases our grasp on global legal pluralism and the dynamics of law. This theory of legal interactionism, inspired by the work of Lon Fuller and Philip Selznick, also helps us to understand apparent anomalies of modern law, such as international law, the law of the European Convention on Human Rights and horizontal interactive legislation. In an ecumenical approach, legal interactionism does justice to the valuable core of truth in natural law and legal positivism. Shedding new light on familiar debates between authors such as Fuller, Hart and Dworkin, this book is of value to academics and students interested in legal theory, jurisprudence, legal sociology and moral philosophy.


Book Synopsis The Dynamics of Law and Morality by : Wibren van der Burg

Download or read book The Dynamics of Law and Morality written by Wibren van der Burg and published by Ashgate Publishing. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the dynamic intertwinement of law and morality, with a focus on new and developing fields of law. Taking as its starting point the debates and mutual misunderstandings between proponents of different philosophical traditions, it argues that this theoretical pluralism is better explained once law is accepted as an essentially ambiguous concept. Continuing on, the book develops a robust theory of law that increases our grasp on global legal pluralism and the dynamics of law. This theory of legal interactionism, inspired by the work of Lon Fuller and Philip Selznick, also helps us to understand apparent anomalies of modern law, such as international law, the law of the European Convention on Human Rights and horizontal interactive legislation. In an ecumenical approach, legal interactionism does justice to the valuable core of truth in natural law and legal positivism. Shedding new light on familiar debates between authors such as Fuller, Hart and Dworkin, this book is of value to academics and students interested in legal theory, jurisprudence, legal sociology and moral philosophy.