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This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. The book is a collection of the papers these philosophers presented at the Conference on Neutrality and Theory of Law, held at the University of Girona, in May 2010. The central question that the conference and this collection seek to answer is: Can a theory of law be neutral? The book covers most of the main jurisprudential debates. It presents an overall discussion of the connection between law and morals, and the possibility of determining the content of law without appealing to any normative argument. It examines the type of project currently being held by jurisprudential scholarship. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law. Moreover, it sheds some light on what can be learned from studying the non-essential features of law. Finally, it analyzes the nature of legal statements and their truth values. This book takes the reader a step further to understanding law.
lt is a commonplace that law and morality intersect and interpenetrate in all the areas of legal decision-making; that in order to make sense of constitutional, statutory or common-law questions, judges and other legal decision-makers must first resolve certain philosophical issues which include moral judgments of right and wrang_ This is particularly evident with regard to constitutional interpretation, especially when constitutions give a mandate for the protection of the substantive norms and values entrenched as constitutional rights. In these Situations, as a leading contemporary legal philosopher observed, the "Constitution fuses legal and moral issues, by making the validity of a law depend on an answer to complex moral 1 problems". But the need for substantive value elucidation is not confined, of course, only to constitutional interpretation under Bills of Rights. This, however, immediately raises a dilemma stemming from the moral diversity and pluralism of modern liberal societies. How can law remain sensitive to this pluralism and yet provide clear answers to the problems which call for a legal resolution? Sharply conflicting values in modern societies clash in the debates over the death penalty, abortion, homosexuality, separation of state and religion, the scope of the freedom of the press, or affirmative action. lt would often be difficult to discern a broader consensus within which these clashes of values operate, unless this consensus were described in such vague terms as to render it practically meaningless.
The Palgrave Handbook of Toleration aims to provide a comprehensive presentation of toleration as the foundational idea associated with engagement with diversity. This handbook is intended to provide an authoritative exposition of contemporary accounts of toleration, the central justifications used to advance it, a presentation of the different concepts most commonly associated with it (e.g. respect, recognition) as well as the discussion of the many problems dominating the controversies on toleration at both the theoretical or practical level. The Palgrave Handbook of Toleration is aimed as a resource for a global scholarly audience looking for either a detailed presentation of major accounts of toleration, the most important conceptual issues associated with toleration and the many problems dividing either scholars, policy-makers or practitioners.
John Rawls is widely regarded as one of the most influential philosophers of the twentieth century, and his work has permanently shaped the nature and terms of moral and political philosophy, deploying a robust and specialized vocabulary that reaches beyond philosophy to political science, economics, sociology, and law. This volume is a complete and accessible guide to Rawls' vocabulary, with over 200 alphabetical encyclopaedic entries written by the world's leading Rawls scholars. From 'basic structure' to 'burdened society', from 'Sidgwick' to 'strains of commitment', and from 'Nash point' to 'natural duties', the volume covers the entirety of Rawls' central ideas and terminology, with illuminating detail and careful cross-referencing. It will be an essential resource for students and scholars of Rawls, as well as for other readers in political philosophy, ethics, political science, sociology, international relations and law.
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.
In contemporary liberal thought, "tolerance" has come to be redefined as a synonym for ethical neutrality: refusal to judge among competing views of goods and evils. The result of this extreme relativism has been a foundations crisis in law, politics, education, and other areas of social life. In this lucidly written and brilliantly argued volume, J. Budziszewski attempts to reserve the self-destruction of modern liberalism by showing that true tolerance is not only consistent with taking stands about objective goods and evils, but actually requires doing so.Tolerance, falsely understood as ethical neutrality, has the paradoxical effect of crippling policy choice by divesting it of the moral and practical framework on which it depends. By painstakingly and exhaustively dissecting each of the many neutralist arguments, Budziszewski demonstrates that real neutrality is logically impossible. Confronted by alternative views, the neutralist at best obscures his own underlying judgments, and at worst abandons all possible defense against fanatics who oppose both true equality and true tolerance.True Tolerance is both a rigorous critique, and a polemic undertaken in the name of a positive, twenty-first century vision of liberalism. Budziszewsky outlines a view of true tolerance that assumes a relationship with an older liberal tradition and a codependence with other virtues, including humility, mercy, charity, respect, and courtesy. This vision is rooted in historical experience and rational conviction about what is good. In the spirit of liberal and classical theorists of virtue from Aristotle to John Locke to Alasdair MacIntyre, the virtue of true tolerance is much more than a readiness to follow known rules; it includes a developed ability to distinguish good rules from bad, and to choose rightly even where there are no rules or where rules seem to contradict each other. Accessibly written and intended for a wide readership, True Tolerance will be of special interest to political theorists and activists, and to sociologists and philosophers.
Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.
While some have argued that neutrality has become irrelevant, this volume asserts that neutrality continues to be a key concept of the law of armed conflict. Neutrality in Contemporary International Law details the rights and duties of neutral states and demonstrates how the rules of neutrality continue to apply in modern day conflicts.