The Ethics Of Legal Coercion
Download The Ethics Of Legal Coercion full books in PDF, epub, and Kindle. Read online free The Ethics Of Legal Coercion ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads.
Author |
: J.D. Hodson |
Publisher |
: Springer Science & Business Media |
Total Pages |
: 189 |
Release |
: 2012-12-06 |
ISBN-10 |
: 9789400972575 |
ISBN-13 |
: 9400972571 |
Rating |
: 4/5 (75 Downloads) |
Synopsis The Ethics of Legal Coercion by : J.D. Hodson
Are all of the commonly accepted aims of the use of law justifiable? Which kinds of behavior are justifiably prohibited, which kinds justifiably required? What uses of law are not defensible? How can the legitimacy or the ille gitimacy of various uses of law be explained or accounted for? These are questions the answering of which involves one in many issues of moral principle, for the answers require that one adopt positions - even if only implicitly - on further questions of what kinds of actions or policies are morally or ethically acceptable. The present work, aimed at questions of these kinds, is thus a study in the ethical evaluation of major uses of legal coercion. It is an attempt to provide a framework within which many questions about the proper uses of law may be fruitfully discussed. The framework, if successful, can be used by anyone asking questions about the defensibility of particular or general uses of law, whether from the perspective of someone considering whether to bring about some new legal provision, from the perspective of someone concerned to evaluate an eXisting provision, or from that of someone concerned more abstractly with questions about the appropriate substance of an ideal legal system. In addressing these and associated issues, I shall be exploring the extent to which an ethics based on respect for persons and their autonomy can handle satisfactorily the problems arising here.
Author |
: Kenneth Einar Himma |
Publisher |
: |
Total Pages |
: 289 |
Release |
: 2020 |
ISBN-10 |
: 9780198854937 |
ISBN-13 |
: 0198854935 |
Rating |
: 4/5 (37 Downloads) |
Synopsis Coercion and the Nature of Law by : Kenneth Einar Himma
Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigor and originality. It sets the standard in contemporary jurisprudence. Book jacket.
Author |
: Andrew Molodynski |
Publisher |
: Oxford University Press |
Total Pages |
: 369 |
Release |
: 2016 |
ISBN-10 |
: 9780198788065 |
ISBN-13 |
: 0198788061 |
Rating |
: 4/5 (65 Downloads) |
Synopsis Coercion in Community Mental Health Care by : Andrew Molodynski
The use of coercion is one of the defining issues of mental health care. Since the earliest attempts to contain and treat the mentally ill, power imbalances have been evident and a cause of controversy. There has always been a delicate balance between respecting autonomy and ensuring that those who most need treatment and support are provided with it. Coercion in Community Mental Health Care: International Perspectives is an essential guide to the current coercive practices worldwide, both those founded in law and those 'informal' processes whose coerciveness remains contested. It does so from a variety of perspectives, drawing on diverse disciplines such as history, law, sociology, anthropology and medicine to provide a comprehensive summary of the current debates in the field. Edited by leading researchers in the field, Coercion in Community Mental Health Care: International Perspectives provides a unique discussion of this prominent issue in mental health. Divided into five sections covering origins and extent, evidence, experiences, context and international perspectives this is ideal for mental health practitioners, social scientists, ethicists and legal professionals wishing to expand their knowledge of the subject area.
Author |
: Alan Wertheimer |
Publisher |
: Princeton University Press |
Total Pages |
: 333 |
Release |
: 2014-07-14 |
ISBN-10 |
: 9781400859290 |
ISBN-13 |
: 1400859298 |
Rating |
: 4/5 (90 Downloads) |
Synopsis Coercion by : Alan Wertheimer
Wertheimer attempts to move beyond previous theories of coercion by conducting a fairly extensive survey of the way in which cases involving coercion have been treated by American courts. This impressive project occupies the first half of the book, where he makes a convincing case that there is a fairly unified 'theory of coercion' at work in adjudication, past and present. This legal theory, however, is not entirely adequate for the purposes of social and political philosophy, and the last half of the book develops Wertheimer's more comprehensive philosophical theory. Originally published in 1988. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author |
: Mairaj U. Syed |
Publisher |
: Oxford University Press |
Total Pages |
: 289 |
Release |
: 2017 |
ISBN-10 |
: 9780198788775 |
ISBN-13 |
: 0198788770 |
Rating |
: 4/5 (75 Downloads) |
Synopsis Coercion and Responsibility in Islam by : Mairaj U. Syed
An examination of how Muslim scholars from four schools of law and theology debate the ethical issues that coercion generates when considering a person's moral agency and responsibility in cases of speech acts, rape, and murder. It proposes a new model for analyzing ethical thought and compares Islamic with Western thought on the same cases.
Author |
: Frederick Schauer |
Publisher |
: Harvard University Press |
Total Pages |
: 256 |
Release |
: 2015-02-10 |
ISBN-10 |
: 9780674368217 |
ISBN-13 |
: 0674368215 |
Rating |
: 4/5 (17 Downloads) |
Synopsis The Force of Law by : Frederick Schauer
Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law
Author |
: David Lyons |
Publisher |
: Cambridge University Press |
Total Pages |
: 244 |
Release |
: 1984 |
ISBN-10 |
: 0521277124 |
ISBN-13 |
: 9780521277129 |
Rating |
: 4/5 (24 Downloads) |
Synopsis Ethics and the Rule of Law by : David Lyons
This clear and systematic introduction to the philosophy of law attempts to answer some important questions about the nature of law and its relationship to social norms and moral standards.
Author |
: Bernadette Mcsherry |
Publisher |
: Routledge |
Total Pages |
: 367 |
Release |
: 2013-06-26 |
ISBN-10 |
: 9781135016579 |
ISBN-13 |
: 1135016577 |
Rating |
: 4/5 (79 Downloads) |
Synopsis Coercive Care by : Bernadette Mcsherry
There has been much debate about mental health law reform and mental capacity legislation in recent years with the UN Convention on the Rights of Persons with Disabilities also having a major impact on thinking about the issue. This edited volume explores the concept of ‘coercive care’ in relation to individuals such as those with severe mental illnesses, those with intellectual and cognitive disabilities and those with substance use problems. With a focus on choice and capacity the book explores the impact of and challenges posed by the provision of care in an involuntary environment. The contributors to the book look at mental health, capacity and vulnerable adult’s care as well as the law related to those areas. The book is split into four parts which cover: human rights and coercive care; legal capacity and coercive care; the legal coordination of coercive care and coercive care and individuals with cognitive impairments. The book covers new ground by exploring issues arising from the coercion of persons with various disabilities and vulnerabilities, helping to illustrate how the capacity to provide consent to treatment and care is impaired by reason of their condition.
Author |
: John Kleinig |
Publisher |
: Cambridge University Press |
Total Pages |
: 294 |
Release |
: 2008-03-13 |
ISBN-10 |
: 0521864208 |
ISBN-13 |
: 9780521864206 |
Rating |
: 4/5 (08 Downloads) |
Synopsis Ethics and Criminal Justice by : John Kleinig
This textbook looks at the main ethical questions that confront the criminal justice system - legislature, law enforcement, courts, and corrections - and those who work within that system, especially police officers, prosecutors, defence lawyers, judges, juries, and prison officers. John Kleinig sets the issues in the context of a liberal democratic society and its ethical and legislative underpinnings, and illustrates them with a wide and international range of real-life case studies. Topics covered include discretion, capital punishment, terrorism, restorative justice, and re-entry. Kleinig's discussion is both philosophically acute and grounded in institutional realities, and will enable students to engage productively with the ethical questions which they encounter both now and in the future - whether as criminal justice professionals or as reflective citizens.
Author |
: Arthur Ripstein |
Publisher |
: Harvard University Press |
Total Pages |
: 416 |
Release |
: 2010-02-15 |
ISBN-10 |
: 9780674054516 |
ISBN-13 |
: 0674054512 |
Rating |
: 4/5 (16 Downloads) |
Synopsis Force and Freedom by : Arthur Ripstein
In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.