Search Results: law-and-morality-at-war-oxford-legal-philosophy

Law and Morality at War

Author: Adil Ahmad Haque

Publisher: Oxford University Press

ISBN: 0191511196

Category: Law

Page: 350

View: 6073

The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does 'collateral damage' to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view.

Ethics at the Edges of Law

Christian Moralists and American Legal Thought

Author: Cathleen Kaveny

Publisher: Oxford University Press

ISBN: 0190612290

Category: Law

Page: 320

View: 1511

Ethics at the Edges of Law makes the case that religious moralists should treat the discipline of law as a valuable conversation partner, rather than reducing it to a vehicle for enforcing judgments about morality and public policy. Religious moralists should treat the secular law as a sourceof moral wisdom and conceptual insight, in the same way that they treat the discipline of philosophy. Cathleen Kaveny develops her argument by showing how the work of a range of important contemporary figures in Christian ethics, including John Noonan, Stanley Hauerwas, and Margaret Farley, can beenriched and illuminated by engagement with particular aspects of the American legal tradition. The book is divided into three parts: Part I, "Narratives and Norms," examines how the workings of the legal tradition can shed light on the development of religious and moral traditions. Part II, "Love, Justice, and Law," uses particular legal cases and controversies to advance questions about therelationship of love and justice in Christian ethics. Part III, "Legal Categories and Theological Problems," shows how legal categories and concepts can help reframe and even resolve particular moral controversies within religious communities. Ethics at the Edges of Law jumpstarts a fruitful,mutually engaged conversation between the American legal tradition and the tradition of Christian ethics.

Targeted Killings

Law and Morality in an Asymmetrical World

Author: Claire Finkelstein,Jens David Ohlin,Andrew Altman

Publisher: Oxford University Press

ISBN: 0199646481

Category: Law

Page: 496

View: 1490

The controversy surrounding targeted killings represents a crisis of conscience for policymakers, lawyers, philosophers and leading military experts grappling with the moral and legal limits of the war on terror. The book examines the legal and philosophical issues raised by government efforts to target suspected terrorists without giving them the safeguards of a fair trial.

The Ends of Harm

The Moral Foundations of Criminal Law

Author: Victor Tadros

Publisher: Oxford University Press on Demand

ISBN: 0199554420

Category: Law

Page: 370

View: 9389

How can the brutal and costly enterprise of criminal punishment be justified? This book makes a provocative, original contribution to the philosophical literature and debate on the morality of punishing, arguing that punishment is justified in the duties that offenders incur as a result of their wrongdoing.

The Philosophy of International Law

Author: Samantha Besson,John Tasioulas

Publisher: OUP Oxford

ISBN: 0191613533

Category: Philosophy

Page: 632

View: 2117

International law has recently emerged as the subject-matter of an exciting new field of philosophical investigation. The Philosophy of International Law contains 29 cutting-edge essays by leading philosophers and international lawyers, all published here in English for the first time, that address the central philosophical questions about international law. The volume's overarching theme is the moral and political values that should guide the assessment and development of international law and institutions. Some of the essays tackle general topics such as the sources and legitimacy of international law, the nature of international legal adjudication, whether international law can or should aspire to be 'democratic', and the significance of state sovereignty. The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, international criminal law, international environmental law, and the laws of war. This volume is the most up-to-date and comprehensive treatment of the philosophy of international law in existence. It is also distinguished by its 'dialogical' methodology: there are two essays on each topic, with the second author engaging with the arguments of the first. It is an invaluable resource for anyone seeking a deeper understanding of the nature and value of international law.

The Oxford Handbook of Ethics of War

Author: Seth Lazar,Helen Frowe

Publisher: Oxford University Press

ISBN: 0190876611

Category: Philosophy

Page: 496

View: 7633

Recent years have seen a resurgence of interest, among both philosophers, legal scholars, and military experts, on the ethics of war. Due in part due to post 9/11 events, this resurgence is also due to a growing theoretical sophistication among scholars in this area. Recently there has been very influential work published on the justificaton of killing in self-defense and war, and the topic of the ethics of war is now more important than ever as a discrete field. The 28 commissioned chapters in this Handbook will present a comprehensive overview of the field as well as make significant and novel contributions, and collectively they will set the terms of the debate for the next decade. Lazar and Frowe will invite the leading scholars in the field to write on topics that are new to them, making the volume a compilation of fresh ideas rather than a rehash of earlier work. The volume will be dicided into five sections: Method, History, Resort, Conduct, and Aftermath. The contributors will be a mix of junior and senior figures, and will include well known scholars like Michael Walzer, Jeff McMahan, and David Rodin.

Human Rights: Moral or Political?

Author: Adam Etinson

Publisher: Oxford University Press

ISBN: 0191022225

Category: Philosophy

Page: 440

View: 8779

Human rights have a rich life in the world around us. Political rhetoric pays tribute to them, or scorns them. Citizens and activists strive for them. The law enshrines them. And they live inside us too. For many of us, human rights form part of how we understand the world and what must (or must not) be done within it. The ubiquity of human rights raises questions for the philosopher. If we want to understand these rights, where do we look? As a set of moral norms, it is tempting to think they can be grasped strictly from the armchair, say, by appeal to moral intuition. But what, if anything, can that kind of inquiry tell us about the human rights of contemporary politics, law, and civil society — that is, human rights as we ordinarily know them? This volume brings together a distinguished, interdisciplinary group of scholars to address philosophical questions raised by the many facets of human rights: moral, legal, political, and historical. Its original chapters, each accompanied by a critical commentary, explore topics including: the purpose and methods of a philosophical theory of human rights; the "Orthodox-Political" debate; the relevance of history to philosophy; the relationship between human rights morality and law; and the value of political critiques of human rights.

Law and Morality

Readings in Legal Philosophy

Author: David Dyzenhaus,Sophia Reibetanz Moreau,Arthur Ripstein

Publisher: University of Toronto Press

ISBN: 0802094899

Category: Law

Page: 1076

View: 6592

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.

The Authority of Law

Essays on Law and Morality

Author: Joseph Raz

Publisher: Oxford University Press on Demand

ISBN: 0199573565

Category: Law

Page: 340

View: 8186

Raz begins by presenting an analysis of the concept of moral authority. He then develops a detailed explanation of the nature of law and legal systems. Within this framework Raz then examines the areas of legal thought that have been viewed as impregnated with moral values.

Just and Unjust Warriors

The Moral and Legal Status of Soldiers

Author: David Rodin,Henry Shue

Publisher: OUP Oxford

ISBN: 0191552739

Category: Political Science

Page: 272

View: 5866

Can a soldier be held responsible for fighting in a war that is illegal or unjust? This is the question at the heart of a new debate that has the potential to profoundly change our understanding of the moral and legal status of warriors, wars, and indeed of moral agency itself. The debate pits a widely shared and legally entrenched principle of war - that combatants have equal rights and equal responsibilities irrespective of whether they are fighting in a war that just or unjust - against a set of striking new arguments. These arguments challenge the idea that there is a separation between the rules governing the justice of going to war (the jus ad bellum) and the rules governing what combatants can do in war (the jus in bello). If ad bellum and in bello rules are connected in the way these new arguments suggest, then many aspects of just war theory and laws of war would have to be rethought and perhaps reformed. This book contains eleven original and closely argued essays by leading figures in the ethics and laws of war and provides an authoritative treatment of this important new debate. The essays both challenge and defend many deeply held convictions: about the liability of soldiers for crimes of aggression, about the nature and justifiability of terrorism, about the relationship between law and morality, the relationship between soldiers and states, and the relationship between the ethics of war and the ethics of ordinary life. This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.

The Oxford Handbook of Jurisprudence and Philosophy of Law

Author: Jules Coleman,Scott Shapiro

Publisher: OUP Oxford

ISBN: 9780199270972

Category: Law

Page: 1072

View: 796

The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-six of the foremost legal theorists currently writing, to provide a state-of-the-art overview of jurisprudential scholarship.

Philosophy of Law

A Very Short Introduction

Author: Raymond Wacks

Publisher: Oxford University Press

ISBN: 0199687005

Category: Law

Page: 150

View: 5114

The concept of law lies at the heart of our social and political life, shaping the character of our community and underlying issues from racism and abortion to human rights and international war. The revised edition of this Very Short Introduction examines the central questions about law's relation to justice, morality, and democracy.

Natural Law and Natural Rights

Author: John Finnis

Publisher: OUP Oxford

ISBN: 0191021547

Category: Law

Page: 512

View: 1895

First published in 1980, Natural Law and Natural Rights is widely heralded as a seminal contribution to the philosophy of law, and an authoritative restatement of natural law doctrine. It has offered generations of students and other readers a thorough grounding in the central issues of legal, moral, and political philosophy from Finnis's distinctive perspective. This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to develop and refine the original theory. The book closely integrates the philosophy of law with ethics, social theory and political philosophy. The author develops a sustained and substantive argument; it is not a review of other people's arguments but makes frequent illustrative and critical reference to classical, modern, and contemporary writers in ethics, social and political theory, and jurisprudence. The preliminary First Part reviews a century of analytical jurisprudence to illustrate the dependence of every descriptive social science upon evaluations by the theorist. A fully critical basis for such evaluations is a theory of natural law. Standard contemporary objections to natural law theory are reviewed and shown to rest on serious misunderstandings. The Second Part develops in ten carefully structured chapters an account of: basic human goods and basic requirements of practical reasonableness, community and 'the common good'; justice; the logical structure of rights-talk; the bases of human rights, their specification and their limits; authority, and the formation of authoritative rules by non-authoritative persons and procedures; law, the Rule of Law, and the derivation of laws from the principles of practical reasonableness; the complex relation between legal and moral obligation; and the practical and theoretical problems created by unjust laws. A final Part develops a vigorous argument about the relation between 'natural law', 'natural theology' and 'revelation' - between moral concern and other ultimate questions.

Naturalizing Jurisprudence

Essays on American Legal Realism and Naturalism in Legal Philosophy

Author: Brian Leiter

Publisher: Oxford University Press on Demand

ISBN: 9780199206490

Category: Law

Page: 287

View: 1747

Brian Leiter is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic turn in philosophy to the problems of legal philosophy. This volume collects newly revised versions of ten of his best-known essays, which set out his reinterpretation of the Legal Realists as prescient philosophical naturalists; critically engage with jurisprudential responses to Legal Realism, from legal positivism to Critical Legal Studies; connect the Realist program to the methodology debate in contemporary jurisprudence; and explore the general implications of a naturalistic world view for problems about the objectivity of law and morality. Leiter has supplied a lengthy new introductory essay, as well as postscripts to several of the essays, in which he responds to challenges to his interpretive and philosophical claims by academic lawyers and philosophers. This volume will be essential reading for anyone interested in jurisprudence, as well as for philosophers concerned with the consequences of naturalism in moral and legal philosophy.

Morality and War

Can War Be Just in the Twenty-first Century?

Author: David Fisher

Publisher: OUP Oxford

ISBN: 019161582X

Category: Political Science

Page: 320

View: 2650

With the ending of the strategic certainties of the Cold War, the need for moral clarity over when, where and how to start, conduct and conclude war has never been greater. There has been a recent revival of interest in the just war tradition. But can a medieval theory help us answer twenty-first century security concerns? David Fisher explores how just war thinking can and should be developed to provide such guidance. His in-depth study examines philosophical challenges to just war thinking, including those posed by moral scepticism and relativism. It explores the nature and grounds of moral reasoning; the relation between public and private morality; and how just war teaching needs to be refashioned to provide practical guidance not just to politicians and generals but to ordinary service people. The complexity and difficulty of moral decision-making requires a new ethical approach - here characterised as virtuous consequentialism - that recognises the importance of both the internal quality and external effects of agency; and of the moral principles and virtues needed to enact them. Having reinforced the key tenets of just war thinking, Fisher uses these to address contemporary security issues, including the changing nature of war, military pre-emption and torture, the morality of the Iraq war, and humanitarian intervention. He concludes that the just war tradition provides not only a robust but an indispensable guide to resolve the security challenges of the twenty-first century.

International Law and Armed Conflict

United Kingdom Association for Social and Legal Philosophy : Sixteenth Annual Conference at Leicester, 5-7 April, 1990

Author: A. G. D. Bradney,Anthony Bradney

Publisher: Franz Steiner Verlag

ISBN: 9783515059770

Category: Social Science

Page: 112

View: 8907

United Kingdom Association for Social and Legal Philosophy : sixteenth Annual Conference at Leicester, 5-7 April, 1990.

The Oxford Handbook of Ethics at the End of Life

Author: Robert M. Arnold

Publisher: Oxford University Press

ISBN: 0199974411

Category: Death

Page: 464

View: 8073

This handbook explores the topic of death and dying from the late twentieth to the early twenty-first centuries, with particular emphasis on the United States. In this period, technology has radically changed medical practices and the way we die as structures of power have been reshaped by the rights claims of African Americans, women, gays, students, and, most relevant here, patients. Respecting patients' values has been recognized as the essential moral component of clinical decision-making. Technology's promise has been seen to have a dark side: it prolongs the dying process. For the first time in history, human beings have the ability control the timing of death. With this ability comes a responsibility that is awesome and inescapable. How we understand and manage this responsibility is the theme of this volume. The book comprises six sections. Section I examines how the law has helped shape clinical practice, emphasizing the roles of rights and patient autonomy. Section II focuses on specific clinical issues, including death and dying in children, continuous sedation as a way to relieve suffering at the end of life, and the problem of prognostication in patients who are thought to be dying. Section III considers psychosocial and cultural issues. Section IV discusses death and dying among various vulnerable populations such as the elderly and persons with disabilities. Section V deals with physician-assisted suicide and active euthanasia (lethal injection). Finally, Section VI looks at hospice and palliative care as a way to address the psychosocial and ethical problems of death and dying.

Essays in Jurisprudence and Philosophy

Author: H. L. A. Hart

Publisher: OUP Oxford

ISBN: 0191018724

Category: Law

Page: 404

View: 7665

This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.

The Ethics and Law of Omissions

Author: Dana Kay Nelkin,Samuel C. Rickless

Publisher: Oxford University Press

ISBN: 0190683457

Category: Law

Page: 248

View: 8895

This volume explores the principles that govern moral responsibility and legal liability for omissive conduct. Many of this book's contributors try to make sense of the possibility of moral responsibility for omissions, including those that occur unwittingly. The disagreements among them concern the grounds of moral responsibility in these cases: the constellation of states and traits that constitute the self, or the quality of one's will, or exercises of evaluative judgment, or the ability and opportunity to avoid the omission, or the tracing back to a time when one had the witting ability to take steps to avoid future omission. Some contributors consider whether omissions need to be under one's control if one is to be morally responsible for them, as well as which sense of "control" is relevant, if it is, to the question of moral responsibility. Yet others consider whether it is possible for an agent to be morally responsible for an omission that she could not have avoided. On the legal side, the volume also considers various issues concerning the status of omissions in the law: whether circumstances that are usually described as involving legal liability for omissions are better described as involving legal liability for entire courses of conduct; the conditions (such as creation of the peril) under which one can be legally liable for an omission to rescue; why a defendant's legal guilt for a crime can be predicated on an omission to act only if the defendant was under a legal duty to engage in the omitted act; and whether this "duty requirement" is grounded in the desirability of shielding from legal liability those who are not criminally culpable or in the constraint that one's body and property may not be appropriated for the general good.

Allowing for Exceptions

A Theory of Defences and Defeasibility in Law

Author: Luís Duarte d'Almeida

Publisher: OUP Oxford

ISBN: 0191508993

Category: Law

Page: 305

View: 8615

You find yourself in a court of law, accused of having hit someone. What can you do to avoid conviction? You could simply deny the accusation: 'No, I didn't do it'. But suppose you did do it. You may then give a different answer. 'Yes, I hit him', you grant, 'but it was self-defence'; or 'Yes, but I was acting under duress'. To answer in this way-to offer a 'Yes, but. . .' reply-is to hold that your particular wrong was committed in exceptional circumstances. Perhaps it is true that, as a rule, wrongdoers ought to be convicted. But in your case the court should set the rule aside. You should be acquitted. Within limits, the law allows for exceptions. Or so we tend to think. In fact, the line between rules and exceptions is harder to draw than it seems. How are we to determine what counts as an exception and what as part of the relevant rule? The distinction has important practical implications. But legal theorists have found the notion of an exception surprisingly difficult to explain. This is the longstanding jurisprudential problem that this book seeks to solve. The book is divided into three parts. Part I, Defeasibility in Question, introduces the topic and articulates the core puzzle of defeasibility in law. Part II, Defeasibility in Theory, develops a comprehensive proof-based account of legal exceptions. Part III, Defeasibility in Action, looks more closely into the workings of exceptions in accusatory contexts, including the criminal trial.

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