Justifying Judgment

Author: Vincent Joseph Samar
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ISBN:
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Many people submit to the law simply because they believe that the institutions administering it are just. But what if a law itself is unjust? The duty to obey law presupposes that laws are both consistent and just; because they aren't always, appeals to a higher political morality are sometimes necessary if justice is to be served. Justifying Judgment reconsiders the relationship between legal and political philosophy to show that the former is incomplete without the latter. Taking the problem of how to solve difficult cases as his point of departure, Vincent Samar demonstrates the inherent incompleteness of conventional theories of law in order to examine the meaning of justice in a democratic society. He reviews the current state of legal and political theory and then sets forth a metatheory for law which would enable judges to decide such cases by drawing upon competing theories of jurisprudence as the case's level of abstraction demands. Samar challenges the current wisdom that social morality can resolve every legal conflict by questioning the very principle of our submission to law. He re-examines some difficult cases from American history—Dred Scott, Brown v. Board of Education, Roe v. Wade, Romer v. Evans—in order to demonstrate the difficulties inherent in the law and to show that no single theory of law will always preserve the balance between individual and collective justice. Every day, judges face difficult cases for which the law provides no firm precedents, and sometimes is even contradictory. Samar's work seeks to put justice back into law by encouraging law schools—and even the practice—to train future judges to consider a much wider approach to legal decision making. In different cases, judges would no longer confine themselves to an internal analysis of the legal materials. Instead, the could appeal to the best ethical theory of politics to meet the intellectual challenges involved in both clarifying concepts and justifying rights. By challenging conventional views of the law, the book shows that our legal system could become more just as it becomes becomes more consistent.

Legal Theory And The Legal Academy

Author: MaksymilianDel Mar
Publisher: Routledge
ISBN: 1351560506
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The third in a series of three volumes on Contemporary Legal Theory, this volume deals with four topics: 1) the role of legal theory in the legal curriculum; 2) the teaching of legal theory; 3) the relationship of legal theory to legal scholarship; and 4) the relationship of legal theory to comparative law. The focus of the first two topics is on the common law world, where the debates over the aims and proper place of legal theory in the study of law have traversed a good deal of ground since John Austin's 1828 lecture, 'The Uses and the Study of Jurisprudence.' These first two parts offer a selection of the most important papers, including surveys, as well as pedagogical viewpoints and particular course descriptions from analytical, critical, feminist, law-and-literature and global perspectives. The last three decades have seen just as many changes for legal scholarship and comparative law. These changes (such as the rise of empirical legal scholarship) have often attracted the attention of legal theorists. Within comparative law, the last thirty years have witnessed intense methodological reflection within the discipline; the results of these reflections are themselves properly recognised as legal theoretical contributions. The volume collects the key papers, including those by Neil MacCormick, Mark Van Hoecke, Andrew Halpin, William Ewald and Geoffrey Samuel.

Queer Philosophy

Author: Raja Halwani
Publisher: Rodopi
ISBN: 9042035609
Size: 47.99 MB
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The book is a collection of the presentations of the Society for Lesbian and Gay Philosophy from 1998 to 2008. The essays are organized historically, starting in 1998. Their topics cover virtually every philosophical field, and such that each is connected to gay and lesbian studies. Topics include how we are to understand sexual orientation, whether same-sex leads to polygamy, teaching gay studies to undergraduates, promiscuity and virtue, the “war on terror” and gay oppression, the rationality of coming out, the ethics of outing, connections between being gay and being happy, and last, but not least, dignity and being gay.

Gewirthian Perspectives On Human Rights

Author: Per Bauhn
Publisher: Routledge
ISBN: 1317232615
Size: 27.67 MB
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Gewirth’s theory of human rights has made a major contribution to philosophy. In this edited collection, contributors from a broad range of disciplines discuss the theoretical and practical application of Gewirthian theory to current world issues. Case studies highlight mental health, the LGBT community, intellectual disabilities, global economic inequality, and market instability to provide a truly interdisciplinary study. This important contribution to human rights scholarship provides a platform for further discussion of Gewirthian theory. It will be of interest to those researching moral, legal, and political philosophy, as well as policy makers, social workers, and medical staff.

An Introduction To Glbt Family Studies

Author: J Jerry Bigner
Publisher: Routledge
ISBN: 1136424644
Size: 73.11 MB
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Gain a better understanding of the special therapeutic issues and needs of GLBT families In terms of research, GLBT families constitute a neglected segment of society. Gender and sexual orientation can make the issues in family studies even more difficult to work through. An Introduction to GLBT Family Studies tackles a challenging research topic by presenting noted experts examining the latest information on the newest type of family studies—GLBT families. This groundbreaking text explores a wide range of unique problems faced by nontraditional families, as well as issues common to traditional families that need to be approached with a GLBT perspective. Though homophobia and heterosexism constantly influence GLBT families, these factors do not necessarily overwhelm the dynamic of their basic family unit. Issues present in many traditional families are found when researching GLBT families. An Introduction to GLBT Family Studies spotlights the issues, research, and future trends that provide a foundation for the study of GLBT families. This breakthrough volume focuses not only on the obvious unique factors within GLBT families, but also on the elements encountered within families that are present regardless of sexual orientation and gender, such as physical and emotional abuse. Expert contributors present research findings on family pattern issues relating to parent-child relationships, child development, sibling relationships, family structure, intimate relationships, stepfamilies, alternative family structures, and extended family relationships. Each chapter is extensively referenced and offers possibilities for further research. An Introduction to GLBT Family Studies discusses family studies topics such as: the impact of the family of origin life course perspective transgender identity issues and the family when a spouse comes out as gay, lesbian, or bisexual a study of lesbian couples adapting genogram techniques in therapy research comparing siblings of different sexual orientations studies of patterns of responses to parental reactions to learning their offspring are gay, lesbian, or bisexual the polyamory structure to some gay men’s familial relationships same-sex marriages and legalized relationships gay male couples’ roles in today’s society the impact of heterosexism on working with same-sex relationships research on long-term lesbian couples An Introduction to GLBT Family Studies is a valuable reference for academic researchers in family studies, marriage and family therapy, social work, and counseling; educators, upper division undergraduate and graduate students; and anyone interested in better understanding GLBT family studies.

Essential Law For Social Workers

Author: Robert G. Madden
Publisher: Columbia University Press
ISBN: 0231508999
Size: 36.56 MB
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-- Sandra Kopels Associate Professor, University of Illinois at Urbana-Champaign School of Social Work

Philosophical Foundations Of Tax Law

Author: Monica Bhandari
Publisher: Oxford University Press
ISBN: 0198798431
Size: 65.29 MB
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Tax law changes at a startling rate - not only does societal change bring with it demands for change in the tax system, but changes in the political climate will force change, as will many other competing pressures. With this pace of change, it is easy to focus on the practical and forget the core underpinnings of the tax system and their philosophical justifications. Taking a pause to remind ourselves of those principles and how they can operate in the modern tax system is crucial to ensuring that the tax system does not diverge too far from what it should be or could be. It is essential to understand the answers to some of the seemingly basic questions that surround tax before we can even begin to think about what a tax system should look like. This collection brings together major themes and difficult questions in the philosophical foundations of tax law. The chapters consider practical issues such as justification, enforcement, design, and mechanics, and provide a full and coherent analysis of the basis for tax law. Philosophical Foundations of Tax Law allows the reader to consider how tax systems should move forward in the modern world, with a sound philosophical basis, to provide the practical tax system that the state requires and citizens deserve.

On Justifying Moral Judgements Routledge Revivals

Author: Lawrence C. Becker
Publisher: Routledge
ISBN: 131770326X
Size: 23.53 MB
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Much discussion of morality presupposes that moral judgments are always, at bottom, arbitrary. Moral scepticism, or at least moral relativism, has become common currency among the liberally educated. This remains the case even while political crises become intractable, and it is increasingly apparent that the scope of public policy formulated with no reference to moral justification is extremely limited. The thesis of On Justifying Moral Judgments insists, on the contrary, that rigorous justifications are possible for moral judgments. Crucially, Becker argues for the coordination of the three main approaches to moral theory: axiology, deontology, and agent morality. A pluralistic account of the concept of value is expounded, and a solution to the problem of ultimate justification is suggested. Analyses of valuation, evaluation, the ‘is-ought’ issue, and the concepts of obligation, responsibility and the good person are all incorporated into the main line of argument.

Deleuze And Law

Author: Laurent de Sutter
Publisher: Edinburgh University Press
ISBN: 0748655395
Size: 39.95 MB
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This collection of 13 essays offers insights into Gilles Deleuze's philosophy of law which experiments with new forms of politics, economics and society.