Shaping the Normative Landscape

Shaping the Normative Landscape
Author: David Owens
Publisher: Oxford University Press (UK)
Total Pages: 271
Release: 2012-09-20
Genre: Law
ISBN: 0199691509

Shaping the Normative Landscape is an investigation of the value of obligations and of rights, of forgiveness, of consent and refusal, of promise and request. David Owens shows that these are all instruments by which we exercise control over our normative environment. Philosophers from Hume to Scanlon have supposed that when we make promises and give our consent, our real interest is in controlling (or being able to anticipate) what people will actually do and that our interest in rights and obligations is a by-product of this more fundamental interest. In fact, we value for its own sake the ability to decide who is obliged to do what, to determine when blame is appropriate, to settle whether an act wrongs us. Owens explores how we control the rights and obligations of ourselves and of those around us. We do so by making friends and thereby creating the rights and obligations of friendship. We do so by making promises and so binding ourselves to perform. We do so by consenting to medical treatment and thereby giving the doctor the right to go ahead. The normative character of our world matters to us on its own account. To make sense of promise, consent, friendship and other related phenomena we must acknowledge that normative interests are amongst our fundamental interests. We must also rethink the psychology of agency and the nature of social convention.

The Moral Nexus

The Moral Nexus
Author: R. Jay Wallace
Publisher: Princeton University Press
Total Pages: 328
Release: 2024-12-17
Genre: Philosophy
ISBN: 069126483X

A new way of understanding the essence of moral obligation The Moral Nexus develops and defends a new interpretation of morality—namely, as a set of requirements that connect agents normatively to other persons in a nexus of moral relations. According to this relational interpretation, moral demands are directed to other individuals, who have claims that the agent comply with these demands. Interpersonal morality, so conceived, is the domain of what we owe to each other, insofar as we are each persons with equal moral standing. The book offers an interpretative argument for the relational approach. Specifically, it highlights neglected advantages of this way of understanding the moral domain; explores important theoretical and practical presuppositions of relational moral duties; and considers the normative implications of understanding morality in relational terms. The book features a novel defense of the relational approach to morality, which emphasizes the special significance that moral requirements have, both for agents who are deliberating about what to do and for those who stand to be affected by their actions. The book argues that relational moral requirements can be understood to link us to all individuals whose interests render them vulnerable to our agency, regardless of whether they stand in any prior relationship to us. It also offers fresh accounts of some of the moral phenomena that have seemed to resist treatment in relational terms, showing that the relational interpretation is a viable framework for understanding our specific moral obligations to other people.

The Right of Redress

The Right of Redress
Author: Andrew Gold
Publisher: Oxford University Press
Total Pages: 208
Release: 2020-07-17
Genre: Law
ISBN: 0192545574

The law enables private parties to undo the wrongs committed against them, allowing victims to seek redress. A distinctive kind of justice governs our legal rights of redress, different from the leading corrective justice approaches. Through analysis of this key idea, The Right of Redress helps to make sense of tort, contract, fiduciary law, and unjust enrichment doctrine. When a wrong is remedied, the authorship of that remedy matters. The justice in private law is sensitive to a right holder's authorship, and understanding how solves a number of legal theory puzzles. Many forms of redress are only available with state assistance, and a full account of private law requires an account of the state's responsibility to assist. It also requires an explanation of those cases in which the state declines to assist. Prior accounts have drawn on Kantian principles or a Lockean social contract theory, where The Right of Redress, drawing on public fiduciary theory, develops a distinctive account of the state's role. This book offers a new take on various modern features of the private law landscape, ranging from equity, to damage caps, to arbitration, to corporate claims, to class actions. The Right of Redress thus offers a pathbreaking account of the justice in private law, the political theory that underlies it, and the contemporary features that shape our rights of redress today.

The Moral Landscape

The Moral Landscape
Author: Sam Harris
Publisher: Simon and Schuster
Total Pages: 322
Release: 2011-09-13
Genre: Philosophy
ISBN: 143917122X

Sam Harris dismantles the most common justification for religious faith--that a moral system cannot be based on science.

The New Yearbook for Phenomenology and Phenomenological Philosophy

The New Yearbook for Phenomenology and Phenomenological Philosophy
Author: Burt C. Hopkins
Publisher: Taylor & Francis
Total Pages: 290
Release: 2022-09-14
Genre: Philosophy
ISBN: 1000645126

Volume XIX Reinach and Contemporary Philosophy Aim and Scope: The New Yearbook for Phenomenology and Phenomenological Philosophy provides an annual international forum for phenomenological research in the spirit of Husserl’s groundbreaking work and the extension of this work by such figures as Scheler, Heidegger, Sartre, Levinas, Merleau-Ponty, and Gadamer. Contributors: Emanuela Carta, Maciej Czerkawski, Francesca De Vecchi, Aurélien Djian, Christopher Erhard, Guillaume Fréchette, Hynek Janoušek, Olimpia Giuliana Loddo, Giuseppe Lorini, Karl Mertens, Riccardo Paparusso, Fabio Tommy Pellizzer, Francesco Pisano, Alessandro Salice, Denis Seron, Michela Summa, Genki Uemura, Basil Vassilicos, and Íngrid Vendrell Ferran. Submissions: Manuscripts, prepared for blind review, should be submitted to the Editors ([email protected] and [email protected]) electronically via e-mail attachments.

Philosophical Foundations of Contract Law

Philosophical Foundations of Contract Law
Author: Gregory Klass
Publisher: OUP Oxford
Total Pages: 417
Release: 2014-12-18
Genre: Law
ISBN: 019102208X

In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.

Contemporary issues in international law by Kenneth Mwenda 2021

Contemporary issues in international law by Kenneth Mwenda 2021
Author: Kenneth Mwenda
Publisher: Pretoria University Law Press
Total Pages: 168
Release: 2021-01-01
Genre: Law
ISBN:

About the publication “Whether International Law is really law is one of those vexed questions that still linger. Prof. Mwenda’s three-pillar approach to looking at International Law is an exceedingly useful conceptual framework which is, at the same time, emblematic of the malleable nature of the discipline. The analysis demonstrates when States pay attention to international law, why they feel compelled to do so, when they choose not to, and why all that matters. This is an extremely timely and accessible book which should be useful to the legal academy and to practitioners.” –DR VICTOR B. MOSOTI Chief Counsel for Environmental and International Law, Legal Vice-Presidency, The World Bank “Prof. Mwenda’s book, ‘Contemporary Issues in International Law’, is a must-read masterpiece on international law for practitioners, academics and students of public international law. It is a thought-provoking book that touches on contemporary issues confronting international law at a time when multilateralism…is under serious threat. It touches on issues that need to be discussed and addressed in order to be able to deal with the emerging challenges of rising nationalism among leading nations of the world.” –BRIAN CHIGAWA, ESQ Director of Legal and Corporate Affairs, Common Market for Eastern and Southern Africa (COMESA)

Hegel and Contemporary Practical Philosophy

Hegel and Contemporary Practical Philosophy
Author: James Gledhill
Publisher: Routledge
Total Pages: 325
Release: 2020-04-08
Genre: Political Science
ISBN: 1351205536

While Kantian constructivism has become one of the most influential and systematic schools of thought in analytic moral and political philosophy, Hegelian approaches to practical normativity hold out the promise of building upon Kantian insights into individual self-determination while avoiding their dualistic tendencies. James Gledhill and Sebastian Stein unite distinguished scholars of German idealism and contemporary Anglophone practical philosophy with rising stars in the field, to explore whether Hegelian idealist philosophy can offer the categories that analytic practical philosophy requires to overcome the contradictions that have so far plagued Kantian constructivism. The volume organizes the contributions into three parts. The first of these engages debates in metaethics regarding the relationship between realism and constructivism. The second part sees contributors draw on debates about the nature of political normativity, focusing primarily on the problems of historical contextualism, relativism, and critical reflection. The concluding part considers the application of the Hegelian framework to contemporary debates about specific ethical issues, including multiculturalism, democracy, and human rights. Hegel and Contemporary Practical Philosophy contributes to the on-going debate about the importance of systematic philosophy in the context of practical philosophy, engages with contemporary discussions about the shape of a rational social order, and gauges the timeliness of Hegelian philosophy. This book is a must read for scholars interested in Hegel and in the contemporary tradition of Kantian constructivism in moral and political philosophy.

Research Handbook on Legal Evolution

Research Handbook on Legal Evolution
Author: Wojciech Zaluski
Publisher: Edward Elgar Publishing
Total Pages: 515
Release: 2024-03-14
Genre: Law
ISBN: 180392182X

Adopting an evolutionary perspective, this Research Handbook presents novel and cutting-edge insights into the interdisciplinary field of legal evolution. Engaging with various scientific approaches, it provides a versatile analysis of legal evolution, examining the field as a whole as well as in the context of specific branches of law.