This book investigates the dynamic intertwinement of law and morality, with a focus on new and developing fields of law. Taking as its starting point the debates and mutual misunderstandings between proponents of different philosophical traditions, it argues that this theoretical pluralism is better explained once law is accepted as an essentially ambiguous concept. Continuing on, the book develops a robust theory of law that increases our grasp on global legal pluralism and the dynamics of law. This theory of legal interactionism, inspired by the work of Lon Fuller and Philip Selznick, also helps us to understand apparent anomalies of modern law, such as international law, the law of the European Convention on Human Rights and horizontal interactive legislation. In an ecumenical approach, legal interactionism does justice to the valuable core of truth in natural law and legal positivism. Shedding new light on familiar debates between authors such as Fuller, Hart and Dworkin, this book is of value to academics and students interested in legal theory, jurisprudence, legal sociology and moral philosophy.

This book investigates the dynamic intertwinement of law and morality, with a focus on new and developing fields of law. Taking as its starting point the debates and mutual misunderstandings between proponents of different philosophical traditions, it argues that this theoretical pluralism is better explained once law is accepted as an essentially ambiguous concept. Continuing on, the book develops a robust theory of law that increases our grasp on global legal pluralism and the dynamics of law. This theory of legal interactionism, inspired by the work of Lon Fuller and Philip Selznick, also helps us to understand apparent anomalies of modern law, such as international law, the law of the European Convention on Human Rights and horizontal interactive legislation. In an ecumenical approach, legal interactionism does justice to the valuable core of truth in natural law and legal positivism. Shedding new light on familiar debates between authors such as Fuller, Hart and Dworkin, this book is of value to academics and students interested in legal theory, jurisprudence, legal sociology and moral philosophy.

This book argues that overcoming people's inability to recognize their own wrongdoing is the most important but regrettably neglected area of the behavioral approach to law.

This book explores illegal forms of corruption and, more widely, moral and legal forms of corruption. The authors draw on detailed ethnographic accounts of corrupt practice at local, national and international levels. Coverage includes both Western and non-Western societies, from Italy to Latin America, to Albania, Africa and post-Soviet bureaucracy in Russia, Mongolia and Kazakhstan. There is also a chapter on corruption in the context of globalization. Key issues discussed include the problems caused by the inflated rhetoric of corruption and by the inadequacy of official definitions. The authors look at measures designed to bring corruption under some degree of control, discussing the level of legal intervention compatible with public expectations and with the dynamics of trust and responsibility. This fascinating book makes a significant contribution to our understanding of conflicting public and private moralities.

This investigation of the dynamic intertwinement of law and morality argues that theoretical pluralism is better explained once law is accepted as an essentially ambiguous concept. The book develops a robust theory of law that increases our grasp on global legal pluralism and the dynamics of law and also emphasises the theory of legal interactionism. This helps us to understand apparent anomalies of modern law and does justice to the valuable core of truth in natural law and legal positivism.

"At the dawn of the twenty-first century, international politics is increasingly governed by legal rules and institutions. Yet widespread skepticism of its value and transformative potential, and sometimes outright hostility towards it abound. This book provides a normative justification for international law. Namely, it argues that the same reasons which support the development of law at the domestic level, namely the promotion of peace, the protection of individual rights, the facilitation of extensive, complex forms of cooperation and the resolution of collective action problems also support the development of law at the international level. The book offers moral and legal reasons for states to improve, strengthen, and further institutionalize the capacity of international law. The argument thus engages in institutional moral reasoning. It also shows why it should matter to individuals that their states are part of a rule-governed international order. When states are bound by common rules of behavior, their citizens reap the benefits. International law encourages states to protect individual rights and provides a forum where they can communicate, negotiate, and compromise on their differences in order to protect themselves from outside interference and pursue their domestic policies more effectively, including those directed at enhancing their citizen's welfare. Thus, international law makes a critical, irreplaceable, and defining contribution to an international order characterized by peace and justice"--

Conflict is ubiquitous and inevitable, but people generally dislike it and try to prevent or avoid it as much as possible. So why do clashes of right and wrong occur? And why are some more serious than others? In Moral Time, sociologist Donald Black presents a new theory of conflict that provides answers to these and many other questions. The heart of the theory is a completely new concept of social time. Black claims that the root cause of conflict is the movement of social time, including relational, vertical, and cultural time--changes in intimacy, inequality, and diversity. The theory of moral time reveals the causes of conflict in all human relationships, from marital and other close relationships to those between strangers, ethnic groups, and entire societies. Moreover, the theory explains the origins and clash of right and wrong not only in modern societies but across the world and across history, from conflict concerning sexual behavior such as rape, adultery, and homosexuality, to bad manners and dislike in everyday life, theft and other crime, racism, anti-Semitism, anti-Americanism, witchcraft accusations, warfare, heresy, obscenity, creativity, and insanity. Black concludes by explaining the evolution of conflict and morality across human history, from the tribal to the modern age. He also provides surprising insights into the postmodern emergence of the right to happiness and the expanding rights of humans and non-humans across the world. Moral Time offers an incisive, powerful, and radically new understanding of human conflict--a fundamental and inescapable feature of social life.

Günther's book demonstrates that most objections to moral and legal principles are directed not against the validity of principles but against the manner of their application. If one distinguishes between the justification of a principle and its appropriate application, then the claim that the application of the principle in each individual case follows automatically from its universal justification proves to be a misunderstanding. Günther develops this distinction with the help of Habermas's discourse theory of morality. He then employs it to extend Kohlberg's theory of moral development and to defend this against Gilligan's critique. In the third and fourth parts of the book, Günther shows--in debate with Hare, Dworkin, and others--how argumentation on the appropriate application of norms and principles in morality and law is possible.

Traven argues that universal moral beliefs and emotions shaped the evolution of international laws that protect civilians in war.

Moral Leadership brings together in one comprehensive volume essays from leading scholars in law, leadership, psychology, political science, and ethics to provide practical, theoretical policy guidance. The authors explore key questions about moral leadership such as: How do leaders form, sustain, and transmit moral commitments? Under what conditions are those processes most effective? What is the impact of ethics officers, codes, training programs, and similar initiatives? How do standards and practices vary across context and culture? What can we do at the individual, organizational, and societal level to foster moral leadership? Throughout the book, the contributors identify what people know, and only think they know, about the role of ethics in key decision-making positions. The essays focus on issues such as the definition and importance of moral leadership and the factors that influence its exercise, along with practical strategies for promoting ethical behavior. Moral Leadership addresses the dynamics of moral leadership, with particular emphasis on major obstacles that stand in its way: impaired judgment, self-interest, and power. Finally, the book explores moral leadership in a variety of contexts?business and the professions, nonprofit organizations, and the international arena.