Ethical Rationalism and the Law

Erscheinungsjahr 2017
ISBN: 978-1-84946-786-5
Verlag: HART PUB

Buch, Englisch, 288 Seiten, Hardback, Format (B × H): 152 mm x 236 mm, Gewicht: 522 g

What role does reason play in determining what, if anything, is morally right? What role does morality play in law? Perhaps the most controversial answer to these fundamental questions is that reason supports a supreme principle of both morality and legality. The contributors to this book cast a fresh critical eye over the coherence of modern approaches to ethical rationalism within law, and reflect on the intellectual history on which it builds. The contributors then take the debate beyond the traditional concerns of legal theory into areas such as the relationship between morality and international law, and the impact of ethically controversial medical innovations on legal understanding.

Autoren/Hrsg.

Capps, Patrick

Pattinson, Shaun D.

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsphilosophie, Rechtsethik
• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)
• Geisteswissenschaften Philosophie Rechtsphilosophie, Rechtsethik

Inhaltsverzeichnis

1. The Past, Present and Future of Ethical Rationalism
Patrick Capps and Shaun D Pattinson
2. How to Become a Successful Hegelian
Stuart Toddington
3. Identifying and Justifying Moral Norms: Necessary Basics
Kenneth R Westphal
4. Hope, Agency, and Aesthetic Sensibility: A Response to Beyleveld's Account of Kantian Hope
Dascha Düring and Marcus Düwell
5. Justification in Morality and the Law
Michael Boylan
6. Advance Refusals and the Personal Identity Objection
Shaun D Pattinson
7. Law as a Moral Judgment, the Domain of Jurisprudence, and Technological Management
Roger Brownsword
8. Beyond Reason: The Legal Importance of Emotions
Thom Brooks and Diana Sankey
9. Public Goods in the Ethical Reconsideration of Research Innovation
Benjamin Capps
10. Privacy, Politeness and the Boundary Between Theory and Practice in Ethical Rationalism
David Townend
11. Fidelity to International Law: On International Courts and Politics
Henrik Palmer Olsen
12. Legal Idealism and Global Law
Patrick Capps
13. What Is Gewirth and What Is Beyleveld? A Retrospect with Comments on the Contributions
Deryck Beyleveld

Über Autor(innen)

Capps, Patrick
Patrick Capps is Professor of International Law at the University of Bristol.

Pattinson, Shaun D.
Shaun D Pattinson is Professor of Medical Law and Ethics at Durham University, UK. He was the founding Director of Durham CELLS (Centre for Ethics and Law in the Life Sciences), previously Deputy Chair of the Nuffield Council on Bioethics, and a Leverhulme Major Research Fellow. His other books include Influencing Traits Before Birth, Medical Law and Ethics, Revising Landmark Cases in Medical Law, and a collection co-edited with Patrick Capps, Ethical Rationalism and the Law. Shaun is a Fellow of the Royal Society of Arts, a Fellow of the Royal Society of Biology, and a Senior Fellow of the Higher Education Academy.

Patrick Capps is Professor of International Law at the University of Bristol.
Shaun D Pattinson is Professor of Medical Law and Ethics at Durham University.