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Exploring the relationship between consequentialist theory and moral rules, this book focuses mainly on rule consequentialism or on the distinction between act and rule versions of consequentialism.
'What would happen if everyone acted that way?' This question is often used in everyday moral assessments, but it has a paradoxical quality: it draws not only on Kantian ideas of a universal moral law but also on consequentialist claims that what is right depends on the outcome. In this book, Alex Tuckness examines how the question came to be seen as paradoxical, tracing its history from the theistic approaches of the seventeenth century to the secular accounts of the present. Tuckness shows that the earlier interpretations were hybrid theories that included both consequentialist and non-consequentialist elements, and argues that contemporary uses of this approach will likewise need to combine consequentialist and non-consequentialist commitments.
Rules perform a moral function by restating moral principles in concrete terms, so as to reduce the uncertainty, error, and controversy that result when individuals follow their own unconstrained moral judgment. Although reason dictates that we must follow rules to avoid destructive error and controversy, rules—and hence laws—are imperfect, and reason also dictates that we ought not follow them when we believe they produce the wrong result in a particular case. In The Rule of Rules Larry Alexander and Emily Sherwin examine this dilemma. Once the importance of this moral and practical conflict is acknowledged, the authors argue, authoritative rules become the central problems of jurisprudence. The inevitable gap between rules and background morality cannot be bridged, they claim, although many contemporary jurisprudential schools of thought are misguided attempts to do so. Alexander and Sherwin work through this dilemma, which lies at the heart of such ongoing jurisprudential controversies as how judges should reason in deciding cases, what effect should be given to legal precedent, and what status, if any, should be accorded to “legal principles.” In the end, their rigorous discussion sheds light on such topics as the nature of interpretation, the ancient dispute among legal theorists over natural law versus positivism, the obligation to obey law, constitutionalism, and the relation between law and coercion. Those interested in jurisprudence, legal theory, and political philosophy will benefit from the edifying discussion in The Rule of Rules.
Distinguished philosopher Bernard Gert presents a clear and concise introduction to what he calls "common morality"--the moral system that most thoughtful people implicitly use when making everyday, common sense moral decisions and judgments. Common Morality is useful in that--while not resolving every disagreement on controversial issues--it is able to distinguish between acceptable and unacceptable answers to moral problems.
This book provides an introduction to the philosophical underpinnings of medical law and also deals with a number of topical issues, such as euthanasia, abortion, and privacy, which will be of interest to law and philosophy students and scholars.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
By contributing a few hundred dollars to a charity like UNICEF, a prosperous person can ensure that fewer poor children die, and that more will live reasonably long, worthwhile lives. Even when knowing this, however, most people send nothing, and almost all of the rest send little. What is the moral status of this behavior? To such common cases of letting die, our untutored response is that, while it is not very good, neither is the conduct wrong. What is the source of this lenient assessment? In this contentious new book, one of our leading philosophers argues that our intuitions about ethical cases are generated not by basic moral values, but by certain distracting psychological dispositions that all too often prevent us from reacting in accord with our commitments. Through a detailed look at how these tendencies operate, Unger shows that, on the good morality that we already accept, the fatally unhelpful behavior is monstrously wrong. By uncovering the eminently sensible ethics that we've already embraced fully, and by confronting us with empirical facts and with easily followed instructions for lessening serious suffering appropriately and effectively, Unger's book points the way to a compassionate new moral philosophy.
Begins by explaining and arguing for certain criteria for assessing normative moral theories. Then argues that these criteria lead to a rule-consequentialist moral theory.
John Stuart Mill’s Utilitarianism is a philosophical defense of utilitarianism, a moral theory stating that right actions are those that tend to promote overall happiness. The essay first appeared as a series of articles published in Fraser’s Magazine in 1861; the articles were collected and reprinted as a single book in 1863. Mill discusses utilitarianism in some of his other works, including On Liberty and The Subjection of Women, but Utilitarianism contains his only sustained defence of the theory. In this Broadview Edition, Colin Heydt provides a substantial introduction that will enable readers to understand better the polemical context for Utilitarianism. Heydt shows, for example, how Mill’s moral philosophy grew out of political engagement, rather than exclusively out of a speculative interest in determining the nature of morality. Appendices include precedents to Mill’s work, reactions to Utilitarianism, and related writings by Mill.
Moral systems, like normative systems more broadly, involve complex mental representations. Rational Rules proposes that moral learning can be understood in terms of general-purpose rational learning procedures. Nichols argues that statistical learning can help answer a wide range of questions about moral thought: Why do people think that rules apply to actions rather than consequences? Why do people expect new rules to be focused on actions rather than consequences? How do people come to believe a principle of liberty, according to which whatever is not expressly prohibited is permitted? How do people decide that some normative claims hold universally while others hold only relative to some group? The resulting account has both empiricist and rationalist features: since the learning procedures are domain-general, the result is an empiricist theory of a key part of moral development, and since the learning procedures are forms of rational inference, the account entails that crucial parts of our moral system enjoy rational credentials. Moral rules can also be rational in the sense that they can be effective for achieving our ends, given our ecological settings. Rational Rules argues that at least some central components of our moral systems are indeed ecologically rational: they are good at helping us attain common goals. Nichols argues that the account might be extended to capture moral motivation as a special case of a much more general phenomenon of normative motivation. On this view, a basic form of rule representation brings motivation along automatically, and so part of the explanation for why we follow moral rules is that we are built to follow rules quite generally.