Law Liberty And Morality

Author : H. L. A. Hart
Publisher : Stanford University Press
ISBN 13 : 9780804701549
Total Pages : 100 pages
Book Rating : 4.47/5 ( download)

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Download or read book Law, Liberty, and Morality written by H. L. A. Hart and published by Stanford University Press. This book was released on 1963 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two great lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share.

Author : David Dyzenhaus
Publisher : University of Toronto Press
ISBN 13 : 0802094899
Total Pages : 1095 pages
Book Rating : 4.96/5 ( download)

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Download or read book Law and Morality written by David Dyzenhaus and published by University of Toronto Press. This book was released on 2007-01-01 with total page 1095 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law. The volume begins with essays that explore general questions about morality and law, surveying the traditional literature on legal positivism and contemporary debates about the connection between law and morality. These essays explore the tensions between law as a protector of individual liberty and as a tool of democratic self-rule, and introduce debates about adjudication and the contribution of feminist approaches to the philosophy of law. New material on the Chinese Canadian head tax case is also featured. The second part of Law and Morality deals with philosophical questions as they apply to contemporary issues. Excerpts from judicial decisions as well as essays by practicing lawyers are included to provide theoretically informed legal analyses of the issues. Striking a balance between practical and more analytic, philosophical approaches, the volume's treatment of the philosophy of law as a branch of political philosophy enables students to understand law in its function as a social institution. Law and Morality has proved to be an essential text in both departments of philosophy and faculties of law and this latest edition brings the debates fully up to date, filling gaps in the previous editions and adding to the array of contemporary issues previously covered.

Author : Herbert Lionel Adolphus Hart
Publisher :
ISBN 13 :
Total Pages : 88 pages
Book Rating : 4.14/5 ( download)

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Download or read book Law, Liberty and Morality written by Herbert Lionel Adolphus Hart and published by . This book was released on 1978 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Elizabeth Price Foley
Publisher : Yale University Press
ISBN 13 : 0300134991
Total Pages : 303 pages
Book Rating : 4.95/5 ( download)

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Download or read book Liberty for All written by Elizabeth Price Foley and published by Yale University Press. This book was released on 2008-10-01 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: divIn the opening chapter of this book, Elizabeth Price Foley writes, “The slow, steady, and silent subversion of the Constitution has been a revolution that Americans appear to have slept through, unaware that the blessings of liberty bestowed upon them by the founding generation were being eroded.” She proceeds to explain how, by abandoning the founding principles of limited government and individual liberty, we have become entangled in a labyrinth of laws that regulate virtually every aspect of behavior and limit what we can say, read, see, consume, and do. Foley contends that the United States has become a nation of too many laws where citizens retain precious few pockets of individual liberty. With a close analysis of urgent constitutional questions—abortion, physician-assisted suicide, medical marijuana, gay marriage, cloning, and U.S. drug policy—Foley shows how current constitutional interpretation has gone astray. Without the bias of any particular political agenda, she argues convincingly that we need to return to original conceptions of the Constitution and restore personal freedoms that have gradually diminished over time./DIV

Author : David Lyons
Publisher : Cambridge University Press
ISBN 13 : 9780521277129
Total Pages : 244 pages
Book Rating : 4.24/5 ( download)

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Download or read book Ethics and the Rule of Law written by David Lyons and published by Cambridge University Press. This book was released on 1984 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This clear and systematic introduction to the philosophy of law attempts to answer some important questions about the nature of law and its relationship to social norms and moral standards.

Author : James Fitzjames Stephen
Publisher :
ISBN 13 :
Total Pages : 372 pages
Book Rating : 4.27/5 ( download)

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Download or read book Liberty, Equality, Fraternity written by James Fitzjames Stephen and published by . This book was released on 1873 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Ronald Dworkin
Publisher : OUP Oxford
ISBN 13 : 0198265573
Total Pages : 438 pages
Book Rating : 4.73/5 ( download)

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Download or read book Freedom's Law written by Ronald Dworkin and published by OUP Oxford. This book was released on 1999 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.

Author : Matthew H. Kramer
Publisher : Oxford University Press on Demand
ISBN 13 : 0199542899
Total Pages : 372 pages
Book Rating : 4.95/5 ( download)

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Download or read book The Legacy of H.L.A. Hart written by Matthew H. Kramer and published by Oxford University Press on Demand. This book was released on 2008 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text brings together contributions from 18 of the world's foremost legal and political philosophers to examine the lasting influence of H.L.A. Hart. The essays explore the major subjects of Hart's work: general jurisprudence, criminal responsibility, rights, justice, causation and the foundations of liberalism.

Author : Lord Henry Home Kames
Publisher :
ISBN 13 :
Total Pages : 416 pages
Book Rating : 4.79/5 ( download)

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Download or read book Essays on the Principles of Morality and Natural Religion written by Lord Henry Home Kames and published by . This book was released on 1751 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Roslyn Muraskin
Publisher : Pearson
ISBN 13 :
Total Pages : 182 pages
Book Rating : 4.07/5 ( download)

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Download or read book Morality and the Law written by Roslyn Muraskin and published by Pearson. This book was released on 2001 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a work on the role of morality in the various components of the criminal justice system. Specifically the role of defense counsel and prosecutor, the role of the police, the court, corrections, probation and parole officers, and the victims of crimes themselves as well as related issues.