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Ethical Rationalism and the Law, 1st edition

Published by Hart Publishing (January 26th 2017) - Copyright © 2017

1st edition

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Overview

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.

Table of contents

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 D¿ring and Marcus D¿well 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

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