Problems at the Roots of Law: Essays in Legal and Political TheoryOxford University Press, 2002 M12 26 - 232 páginas Feinberg is one of the leading philosophers of law of the last forty years. This volume collects recent articles, both published and unpublished, on what he terms "basic questions" about the law, particularly in regard to the relationship to morality. Accessibly and elegantly written, this volume's audience will reflect the diverse nature of Feinberg's own interests: scholars in philosophy of law, legal theory, and ethical and moral theory. |
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Página 3
... claim . What are the ways , they ask , in which human law could be thought to connect with a moral law that is only discovered by human beings , not invented or created by them ? One natural law reply is that judges must appeal to ...
... claim . What are the ways , they ask , in which human law could be thought to connect with a moral law that is only discovered by human beings , not invented or created by them ? One natural law reply is that judges must appeal to ...
Página 4
... claims that the dissimilarities between men and women are ever relevant . Perhaps women's relative muscular weakness renders them less suitable for heavy physical labor than men , or more vulnerable to harm , say , in military combat ...
... claims that the dissimilarities between men and women are ever relevant . Perhaps women's relative muscular weakness renders them less suitable for heavy physical labor than men , or more vulnerable to harm , say , in military combat ...
Página 5
... claims are in a statute's lan- guage when that language is interpreted with almost childish literalness : nat- ural justice , on the other hand , lingers in the interstices , unspoken . A specimen example is People v . Johnson , a New ...
... claims are in a statute's lan- guage when that language is interpreted with almost childish literalness : nat- ural justice , on the other hand , lingers in the interstices , unspoken . A specimen example is People v . Johnson , a New ...
Página 10
... claims to superior authority of these positive and natural rules , it is not surprising that some nominal positivists bend over backward to accommodate natural rules , some nominal positivists bend over backward to accommodate natural ...
... claims to superior authority of these positive and natural rules , it is not surprising that some nominal positivists bend over backward to accommodate natural rules , some nominal positivists bend over backward to accommodate natural ...
Página 12
... claims , one could usually have said instead : " This thing is a product of a system so oblivious to the ( inner ) morality of law that it is not entitled to be called a law . " In their famous debate in the Harvard Law Review in 1958 ...
... claims , one could usually have said instead : " This thing is a product of a system so oblivious to the ( inner ) morality of law that it is not entitled to be called a law . " In their famous debate in the Harvard Law Review in 1958 ...
Otras ediciones - Ver todas
Problems at the Roots of Law: Essays in Legal and Political Theory Joel Feinberg Vista previa limitada - 2002 |
Problems at the Roots of Law: Essays in Legal and Political Theory Joel Feinberg Vista previa limitada - 2003 |
Problems at the Roots of Law: Essays in Legal and Political Theory Joel Feinberg Vista previa limitada - 2002 |
Términos y frases comunes
actions actor actual harm anger attempts behavior benefit Bentham called causal cause character circumstances citizens claim Cleckley commit concept conduct conflict conscience Constitution conventional convicted court crime criminal law cruel defendant definition Devil disposition emotions entrapment example fact feel flaws genuine guilt H. L. A. Hart harm principle human imagine immoral Jeffrey Dahmer Joel Feinberg judge juror justice killer killing kind least legal philosophy legal positivist legal right legal rules legal system matter of luck mental illness moral blameworthiness moral judgments moral luck moral obligation moral principles moral rights morally wrong motives murder Nagel natural law theorist object one's perhaps personality disorder perverse PFOs philosophers Plato police political positive law positivist produce psychiatric psychopaths punishment pure evil question reason relevant responsible Satan seems sense sheer wickedness simply statute theory things triple sickness valid law victim wicked word worse worthy wrongdoing
Pasajes populares
Página 165 - Disorder is an enduring pattern of inner experience and behavior that deviates markedly from the expectations of the individual's culture, is pervasive and inflexible, has an onset in adolescence or early adulthood, is stable over time, and leads to distress or impairment" (American Psychiatric Association, 1994, p.
Página 165 - ... is a pattern of detachment from social relationships and a restricted range of emotional expression.
Página 49 - In proportion to the want of happiness resulting from the want of rights, a reason exists for wishing that there were such things as rights. But reasons for wishing there were such things as rights, are not rights; — a reason for wishing that a certain right were established, is not that right - want is not supply - hunger is not bread.
Página 103 - Foundation consists of the National Endowment for the Arts, the National Endowment...
Página 58 - Entrapment is the conception and planning of an offense by an officer, and his procurement of its. commission by one who would not have perpetrated it except for the trickery, persuasion, or fraud of the officer.
Página 202 - SI Benn and RS Peters, Social Principles and the Democratic State (London: George Allen & Unwin, Ltd., 1959), p. 92. 4. The example is from RB Brandt, "The Concept of a Moral Right and its function," The Journal of Philosophy (1983): 29.
Página 187 - ... to very strong temptation, under the influence of the other, who is a man of rank and education, and who committed the offence of which both are convicted under comparatively slight temptation. I will venture to say that if he made any difference between them at all every judge on the English bench would...