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In “The Clash of Orthodoxies: Law, Religion, and Morality in Crisis”, Robert George tackles the issues at the heart of the contemporary conflict of worldviews. Secular liberals typically suppose that their positions on morally charged issues of public policy are the fruit of pure reason, while those of their morally conservative opponents reflect an irrational religious faith. George shows that this supposition is wrong on both counts. Challenging...
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A recognized study by a philosophy professor and a law professor is a truly interdisciplinary inquiry into the idea of departing from the strict letter of the law in a way that, they argue, actually comports with both law and morality. Part of the basic canon of law and philosophy, and much debated since first published by Stanford Press. Sometimes you have to break the law to make the law.
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Mark Tunick is Associate Professor of Political Science, The Honors College, at Florida Atlantic University. He is the author of Punishment: Theory and Practice and Hegel's Political Philosophy: Interpreting the Practice of Legal Punishment (Princeton).
A Japanese woman living in California attempts parent-child suicide, an ancient Japanese custom called "oyako-shinju," in order to rid herself of shame upon learning that her husband has a mistress....
4) With liberty and justice for some: how the law is used to destroy equality and protect the powerful
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English
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From "the most important voice to have entered the political discourse in years" (Bill Moyers), a scathing critique of the two-tiered system of justice that has emerged in America
From the nation's beginnings, the law was to be the great equalizer in American life, the guarantor of a common set of rules for all. But over the past four decades, the principle of equality before the law has been effectively abolished. Instead, a two-tiered system of...
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"From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial-a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism-and is deeply vulnerable today. Against recurring charges that the practice of substantive due...
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English
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Between 1865 and 1920, Congress passed laws to regulate obscenity, sexuality, divorce, gambling, and prizefighting. It forced Mormons to abandon polygamy, attacked interstate prostitution, made narcotics contraband, and stopped the manufacture and sale of alcohol. Gaines Foster explores the force behind this unprecedented federal regulation of personal morality--a combined Christian lobby.Foster analyzes the fears of appetite and avarice that led...
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Harvard University Press
Pub. Date
2019.
Language
English
Description
The law sometimes permits what ordinary morality, or widely-shared notions of right and wrong, reproaches. Rights to Do Grave Wrong explores the relationship between law and common morality to clarify law's reliance on society's broad presumption that people will exercise their rights responsibly. More concretely, he argues that certain legal rights rest on tacit sociological assumptions as to who will exercise them, under what circumstances, and...