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 This volume collects recent articles, both published and unpublished, on what he terms "basic questions" about the law, particularly in regard to the relationship to morality.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
... least three types of hard cases . First , the case before the court may be one in which a statute's wording is vague , and the court must decide , by eliminating the linguistic indeterminacy , whether a defendant is properly convicted ...
... least three types of hard cases . First , the case before the court may be one in which a statute's wording is vague , and the court must decide , by eliminating the linguistic indeterminacy , whether a defendant is properly convicted ...
Página 4
... least some minimal reasonableness is an essential element of law . Minimal reasonableness is , after all , part of the very concept of law . whether put explicitly in the language of a statute or not . In other words , a vaguely written ...
... least some minimal reasonableness is an essential element of law . Minimal reasonableness is , after all , part of the very concept of law . whether put explicitly in the language of a statute or not . In other words , a vaguely written ...
Página 6
... least gave lip service to it ) that lex iniusta non est lex ( an unjust law is no law at all ) . When we think of cases like People v . Johnson — or , better , those actual or hypothetical cases like People v . Johnson except that ...
... least gave lip service to it ) that lex iniusta non est lex ( an unjust law is no law at all ) . When we think of cases like People v . Johnson — or , better , those actual or hypothetical cases like People v . Johnson except that ...
Página 7
... least , the judge is on her own in these cases too ; she must apply her own moral standards that is , what she hon- estly believes are the objectively correct moral standards to the case at issue . Insofar as the law requires the judge ...
... least , the judge is on her own in these cases too ; she must apply her own moral standards that is , what she hon- estly believes are the objectively correct moral standards to the case at issue . Insofar as the law requires the judge ...
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... least a re- spectful nod to such positivist precepts as that expressed by stare decisis.12 Even pure positivists , who insist that law is one thing and morality another , and never shall the one concept be reduced to the other , are ...
... least a re- spectful nod to such positivist precepts as that expressed by stare decisis.12 Even pure positivists , who insist that law is one thing and morality another , and never shall the one concept be reduced to the other , are ...
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...