Law and Morality: a Kantian Perspective
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Jurisprudence--Philosophy Or Science Henry Rottschaefer
University of Minnesota Law School Scholarship Repository Minnesota Law Review 1927 Jurisprudence--Philosophy or Science Henry Rottschaefer Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Rottschaefer, Henry, "Jurisprudence--Philosophy or Science" (1927). Minnesota Law Review. 1465. https://scholarship.law.umn.edu/mlr/1465 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. MINNESOTA LAW REVIEW Journal of the State Bar Association VOLUI%1E 11 MARCH, 1927 No. 4 JURISPRUDENCE- PHILOSOPHY OR SCIENCE By HENRY ROTTSCHAEFER* T WOULD perhaps be practically impossible to secure for any definition of the term Jurisprudence any very general accep- tance. It is doubtful whether there exists even any general agree- ment as to what subjects are within its scope. The problem of whether, and in what sense, it is to be considered philosophy or science, cannot, however, be discussed without adopting at least some tentative notion of its meaning that shall serve as the basis for the discussion. This can be more effectively done by a general description of the types of problem usually dealt with in treatises and courses on Jurisprudence than by framing a logically correct definition that secured accuracy and completeness by resort to a convenient vagueness. Investigation discloses its use to denote lines of inquiry having little in common other than a professed interest in general questions and problems concerning law and justice. -
Retracing Augustine's Ethics: Lying, Necessity, and the Image Of
Valparaiso University ValpoScholar Christ College Faculty Publications Christ College (Honors College) 12-1-2016 Retracing Augustine’s Ethics: Lying, Necessity, and the Image of God Matthew Puffer Valparaiso University, [email protected] Follow this and additional works at: https://scholar.valpo.edu/cc_fac_pub Recommended Citation Puffer, M. (2016). "Retracing Augustine’s ethics: Lying, necessity, and the image of God." Journal of Religious Ethics, 44(4), 685–720. https://doi.org/10.1111/jore.12159 This Article is brought to you for free and open access by the Christ College (Honors College) at ValpoScholar. It has been accepted for inclusion in Christ College Faculty Publications by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff member at [email protected]. RETRACING AUGUSTINE’S ETHICS Lying, Necessity, and the Image of God Matthew Puffer ABSTRACT Augustine’s exposition of the image of God in Book 15 of On The Trinity (De Trinitate) sheds light on multiple issues that arise in scholarly interpretations of Augustine’s account of lying. This essay argues against interpretations that pos- it a uniform account of lying in Augustine—with the same constitutive features, and insisting both that it is never necessary to tell a lie and that lying is abso- lutely prohibited. Such interpretations regularly employ intertextual reading strategies that elide distinctions and developments in Augustine’sethicsoflying. Instead, I show how looking at texts written prior and subsequent to the texts usually consulted suggests a trajectory in Augustine’s thought, beginning with an understanding of lies as morally culpable but potentially necessary, and cul- minating in a vision of lying as the fundamental evil and the origin of every sin. -
The World Justice Project (WJP) Rule of Law Index® 2020 Board of Directors: Sheikha Abdulla Al-Misnad, Report Was Prepared by the World Justice Project
World Justice .:�=; Project World Justice Project ® Rule of Law Index 2020 The World Justice Project Rule The World Justice Project of Law Index® 2020 The World Justice Project (WJP) Rule of Law Index® 2020 Board of Directors: Sheikha Abdulla Al-Misnad, report was prepared by the World Justice Project. Kamel Ayadi, William C. Hubbard, Hassan Bubacar The Index’s conceptual framework and methodology Jallow, Suet-Fern Lee, Mondli Makhanya, Margaret were developed by Juan Carlos Botero, Mark David McKeown, William H. Neukom, John Nery, Ellen Agrast, and Alejandro Ponce. Data collection and Gracie Northfleet, James R. Silkenat and Petar Stoyanov. analysis for the 2020 report was performed by Lindsey Bock, Erin Campbell, Alicia Evangelides, Emma Frerichs, Directors Emeritus: President Dr. Ashraf Ghani Ahmadzai Joshua Fuller, Amy Gryskiewicz, Camilo Gutiérrez Patiño, Matthew Harman, Alexa Hopkins, Ayyub Officers: Mark D. Agrast, Vice President; Deborah Ibrahim, Sarah Chamness Long, Rachel L. Martin, Jorge Enix-Ross, Vice President; Nancy Ward, Vice A. Morales, Alejandro Ponce, Natalia Rodríguez President; William C. Hubbard, Chairman of the Cajamarca, Leslie Solís Saravia, Rebecca Silvas, and Board; Gerold W. Libby, General Counsel and Adriana Stephan, with the assistance of Claudia Secretary; William H. Neukom, Founder and CEO; Bobadilla, Gabriel Hearn-Desautels, Maura McCrary, James R. Silkenat, Director and Treasurer. Emma Poplack, and Francesca Tinucci. The report was produced under the executive direction of Elizabeth Executive Director: Elizabeth Andersen Andersen. Chief Research Officer: Alejandro Ponce Lead graphic designer for this report was Priyanka Khosla, with assistance from Courtney Babcock. The WJP Rule of Law Index 2020 report was made possible by the generous supporters of the work of the Lead website designer was Pitch Interactive, with World Justice Project listed in this report on page 203. -
Social Norms and Social Influence Mcdonald and Crandall 149
Available online at www.sciencedirect.com ScienceDirect Social norms and social influence Rachel I McDonald and Christian S Crandall Psychology has a long history of demonstrating the power and and their imitation is not enough to implicate social reach of social norms; they can hardly be overestimated. To norms. Imitation is common enough in many forms of demonstrate their enduring influence on a broad range of social life — what creates the foundation for culture and society phenomena, we describe two fields where research continues is not the imitation, but the expectation of others for when to highlight the power of social norms: prejudice and energy imitation is appropriate, and when it is not. use. The prejudices that people report map almost perfectly onto what is socially appropriate, likewise, people adjust their A social norm is an expectation about appropriate behav- energy use to be more in line with their neighbors. We review ior that occurs in a group context. Sherif and Sherif [8] say new approaches examining the effects of norms stemming that social norms are ‘formed in group situations and from multiple groups, and utilizing normative referents to shift subsequently serve as standards for the individual’s per- behaviors in social networks. Though the focus of less research ception and judgment when he [sic] is not in the group in recent years, our review highlights the fundamental influence situation. The individual’s major social attitudes are of social norms on social behavior. formed in relation to group norms (pp. 202–203).’ Social norms, or group norms, are ‘regularities in attitudes and Address behavior that characterize a social group and differentiate Department of Psychology, University of Kansas, Lawrence, KS 66045, it from other social groups’ [9 ] (p. -
David Hume and the Origin of Modern Rationalism Donald Livingston Emory University
A Symposium: Morality Reconsidered David Hume and the Origin of Modern Rationalism Donald Livingston Emory University In “How Desperate Should We Be?” Claes Ryn argues that “morality” in modern societies is generally understood to be a form of moral rationalism, a matter of applying preconceived moral principles to particular situations in much the same way one talks of “pure” and “applied” geometry. Ryn finds a num- ber of pernicious consequences to follow from this rationalist model of morals. First, the purity of the principles, untainted by the particularities of tradition, creates a great distance between what the principles demand and what is possible in actual experience. The iridescent beauty and demands of the moral ideal distract the mind from what is before experience.1 The practical barriers to idealistically demanded change are oc- cluded from perception, and what realistically can and ought to be done is dismissed as insufficient. And “moral indignation is deemed sufficient”2 to carry the day in disputes over policy. Further, the destruction wrought by misplaced idealistic change is not acknowledged to be the result of bad policy but is ascribed to insufficient effort or to wicked persons or groups who have derailed it. A special point Ryn wants to make is that, “One of the dangers of moral rationalism and idealism is DONAL D LIVINGSTON is Professor of Philosophy Emeritus at Emory Univer- sity. 1 Claes Ryn, “How Desperate Should We Be?” Humanitas, Vol. XXVIII, Nos. 1 & 2 (2015), 9. 2 Ibid., 18. 44 • Volume XXVIII, Nos. 1 and 2, 2015 Donald Livingston that they set human beings up for desperation. -
What Normative Terms Mean and Why It Matters for Ethical Eory
What Normative Terms Mean and Why It Matters for Ethical eory* Alex Silk University of Birmingham [email protected] Forthcoming in M. Timmons (Ed.), Oxford Studies in Normative Ethics, Vol. Abstract is paper investigates how inquiry into normative language can improve substantive normative theorizing. First I examine two dimensions along which normative language differs: “strength” and “subjectivity.” Next I show how greater sensitivity to these features of the meaning and use of normative lan- guage can illuminate debates about three issues in ethics: the coherence of moral dilemmas, the possibility of supererogatory acts, and the connection between making a normative judgment and being motivated to act accord- ingly. e paper concludes with several brief reections on the theoretical utility of the distinction — at least so-called — between “normative” and “non- normative” language and judgment. e discussions of these specic linguistic and normative issues can be seen as case studies illustrating the fruitfulness of utilizing resources from philosophy of language for normative theory. Get- ting clearer on the language we use in normative conversation and theorizing can help us diagnose problems with bad arguments and formulate better mo- tivated questions. is can lead to clearer answers and bring into relief new theoretical possibilities and avenues to explore. *anks to Eric Swanson and the audience at the Fih Annual Arizona Normative Ethics Work- shop for discussion, and to two anonymous referees for comments. Contents Introduction Weak and strong necessity Endorsing and non-endorsing uses Dilemmas Supererogation Judgment internalism and “the normative” Conclusion Introduction e strategy of clarifying philosophical questions by investigating the language we use to express them is familiar. -
Treatise of Human Nature Book III: Morals
Treatise of Human Nature Book III: Morals David Hume 1740 Copyright © Jonathan Bennett 2017. All rights reserved [Brackets] enclose editorial explanations. Small ·dots· enclose material that has been added, but can be read as though it were part of the original text. Occasional •bullets, and also indenting of passages that are not quotations, are meant as aids to grasping the structure of a sentence or a thought. Every four-point ellipsis . indicates the omission of a brief passage that seems to present more difficulty than it is worth. Longer omissions are described, between brackets, in normal-sized type. First launched: October 2008 Contents Part i: Virtue and vice in general 234 1: Moral distinctions aren’t derived from reason.......................................... 234 2: Moral distinctions are derived from a moral sense...................................... 242 Part ii: Justice and injustice 246 1: Justice natural or artificial?................................................... 246 2: The origin of justice and property................................................ 250 3: The rules that settle who owns what.............................................. 260 4: The transference of property by consent............................................ 266 5: The obligation of promises..................................................... 267 6: Further thoughts about justice and injustice......................................... 272 Treatise III David Hume 7: The origin of government..................................................... 275 -
Eternity and Immortality in Spinoza's Ethics
Midwest Studies in Philosophy, XXVI (2002) Eternity and Immortality in Spinoza’s Ethics STEVEN NADLER I Descartes famously prided himself on the felicitous consequences of his philoso- phy for religion. In particular, he believed that by so separating the mind from the corruptible body, his radical substance dualism offered the best possible defense of and explanation for the immortality of the soul. “Our natural knowledge tells us that the mind is distinct from the body, and that it is a substance...And this entitles us to conclude that the mind, insofar as it can be known by natural phi- losophy, is immortal.”1 Though he cannot with certainty rule out the possibility that God has miraculously endowed the soul with “such a nature that its duration will come to an end simultaneously with the end of the body,” nonetheless, because the soul (unlike the human body, which is merely a collection of material parts) is a substance in its own right, and is not subject to the kind of decomposition to which the body is subject, it is by its nature immortal. When the body dies, the soul—which was only temporarily united with it—is to enjoy a separate existence. By contrast, Spinoza’s views on the immortality of the soul—like his views on many issues—are, at least in the eyes of most readers, notoriously difficult to fathom. One prominent scholar, in what seems to be a cry of frustration after having wrestled with the relevant propositions in Part Five of Ethics,claims that this part of the work is an “unmitigated and seemingly unmotivated disaster.. -
2. Aristotle's Concept of the State
Page No.13 2. Aristotle's concept of the state Olivera Z. Mijuskovic Full Member International Association of Greek Philosophy University of Athens, Greece ORCID iD: http://orcid.org/0000-0001-5950-7146 URL: http://worldphilosophynetwork.weebly.com E-Mail: [email protected] Abstract: In contrast to a little bit utopian standpoint offered by Plato in his teachings about the state or politeia where rulers aren`t “in love with power but in virtue”, Aristotle's teaching on the same subject seems very realistic and pragmatic. In his most important writing in this field called "Politics", Aristotle classified authority in the form of two main parts: the correct authority and moose authority. In this sense, correct forms of government are 1.basileus, 2.aristocracy and 3.politeia. These forms of government are based on the common good. Bad or moose forms of government are those that are based on the property of an individual or small governmental structures and they are: 1.tiranny, 2.oligarchy and 3.democracy. Also, Aristotle's political thinking is not separate from the ethical principles so he states that the government should be reflected in the true virtue that is "law" or the "golden mean". Keywords: Government; stat; , virtue; democracy; authority; politeia; golden mean. Vol. 4 No. 4 (2016) Issue- December ISSN 2347-6869 (E) & ISSN 2347-2146 (P) Aristotle's concept of the state by Olivera Z. Mijuskovic Page no. 13-20 Page No.14 Aristotle's concept of the state 1.1. Aristotle`s “Politics” Politics in its defined form becomes affirmed by the ancient Greek world. -
War and Morality
WAR AND MORALITY Political Science 371, Spring 2019 Portland State University David Kinsella Department of Political Science Office: Urban Center Building, room 650L 503.725.3035 | [email protected] Office Hours: Monday & Wednesday 11:30-12:30 Description When states or other human groupings abandon less primitive means of resolving their conflicts, they resort to war. Although many wars have been terribly bloody and destructive, history provides relatively few examples of wars of total annihilation. Rather, for reasons involving both self-interest and ethical conviction, political leaders and warriors have often observed limits in their resort to war and the conduct of battle. This course examines the historical, moral, and legal foundations of these limits, and their enduring relevance despite ongoing changes in world politics and the transformation of modern warfare. Although we consider alternative perspectives, the course focuses primarily on the just war tradition, major elements of which are reflected in international law governing the legitimate resort to force and proper conduct during wartime. Topics include aggression and self-defense, genocide, humanitarian intervention, nuclear deterrence, noncombatant immunity, terrorism, treatment of prisoners, torture, and prosecution of war crimes. Discussion of these topics is informed by contemporary just war thinking as well as classical political and moral philosophy. Learning Objectives The general objective of this course is to develop the student's capacity to examine and judge -
The Utilitarian Influence on American Legal Science in the Early Republic
1 The Utilitarian Influence on American Legal Science in the Early Republic Steven J. Macias California Western School of Law [email protected] (rev. 9/8) In Utilitarian Jurisprudence in America, Peter King held up Thomas Cooper, David Hoffman, and Richard Hildreth, as those early American legal thinkers most notably influenced by Bentham.1 For King, Hildreth represented “the first real fruition of Benthamism in America,” whereas Cooper’s use of Bentham was subservient to his Southern ideology, and Hoffman’s use was mainly to “reinforce” a utilitarianism otherwise “derived from Paley.”2 Although Hildreth’s work falls outside the timeframe of early-American legal science, Cooper’s and Hoffman’s work falls squarely within it. What follows is, in part, a reevaluation of Cooper and Hoffman within the broader context of early republican jurisprudence. Because Cooper became an advocate of southern secession late in life, too many historians have dismissed his life’s work, which consisted of serious intellectual undertakings in law and philosophy, as well as medicine and chemistry. Hoffman, on the other hand, has become a man for all seasons among legal historians. His seven-year course of legal study contained such a vast and eclectic array of titles, that one can superficially paint Hoffman as advocating just about anything. As of late, Hoffman has been discussed as a leading exponent of Scottish Common Sense philosophy, second only to James Wilson a generation earlier. This tension between Hoffman-the-utilitarian and Hoffman-the-Scot requires a new examination. A fresh look at the utilitarian influence on American jurisprudence also requires that we acknowledge 1 PETER J. -
Leisure in Aristotle's Political Thought
polis, The Journal for Ancient Greek Political Thought 35 (2018) 356-373 brill.com/polis Leisure in Aristotle’s Political Thought Jacob T. Snyder Michigan State University, 220 Trowbridge Rd, East Lansing, MI 48824, USA [email protected] Abstract The concept of leisure found in Aristotle’s corpus is both elusive and challenging. It eludes categorization into our current understandings of work and play while at the same time challenging those very conceptions. Here, I attempt to come to grips with Aristotelian leisure by (1) demonstrating its centrality in Aristotle’s thought, (2) explaining leisure as primarily a ‘way of being’ rather than merely the absence of occupation or one of several preconditions to the virtues, and (3) exploring what lei- sure might mean to liberal democracy. As a ‘way of being’, Aristotelian leisure is more than an absence of work, but is a positive comportment that itself requires virtues, material means, and an education. Keywords leisure – Aristotle – political science Leisure is a challenge to contemporary liberal democratic life. As Tocqueville assessed, the democratic citizen views labor as a ‘necessary, natural, and respectable condition of humanity’.1 Notable contemporary thinkers on the subject of leisure, especially Pieper and Huizinga,2 are in agreement that lei- sure does operate as this kind of challenge. However, what is the nature of this challenge? The answer to this question depends upon a definition of leisure. 1 A. de Tocqueville, Democracy in America, trans. Arthur Goldhammer (New York: Library of America, 2004), p. 642. 2 J. Pieper, Leisure, The Basis of Culture, trans. G.