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The essays in this volume--written by academic lawyers as well as legal and moral philosophers--address some of the most intriguing questions raised by natural law theory and its implications for law, morality, and public policy. Some of the essays explore the implications that natural law theory has for jurisprudence, asking what natural law suggests about the use of legal devices such as constitutions and precedents. Other essays examine the connections between natural law and natural rights.
As the cruel South Dakota winter thawed toward the end of February 1976, a rancher on Pine Ridge Indian Reservation discovered the frostbitten corpse of a Jane Doe at the bottom of a 30-foot cliff, 100 feet from a state highway. An autopsy determined she had died of exposure, while the FBI sent her severed hands to Washington for analysis.Weeks later, a match of fingerprints to feisty American Indian Movement (AIM) activist Anna Mae Pictou-Aquash led to exhumation and another autopsy, this time revealing that she had been shot in the head. Those sympathetic to AIM assumed hers was simply one of nearly 200 unsolved murders during an era when the Reservation was held secretly under martial law, now known as the Reign of Terror.Months before Aquash's murder, a deadly gun battle between AIM members and two young FBI agents forced her to flee with her friend and fellow agitator Leonard Peltier. Although Peltier always denied FBI claims that he was the one who delivered coup de gr&â ce shots to the agents, he was eventually convicted of double murder. This prompted unsuccessful popular movements for a Presidential pardon as inept lies from both sides helped stalemate any legal or political progress. As the new millennium approached, a heroin addict coached by two zealous FBI agents stepped forward claiming he witnessed Aquash's murder at the hands of an AIM executioner, John Graham. Like so many haphazard and contradictory acquittals and convictions related to the deaths of Aquash and the two FBI agents, Graham's procedurally esoteric case may suggest that the American legal system has become too obtuse and unpredictable. An international community looks nervously on, wondering if Peltier will die in prison as Graham now suffers a similar fate.
Applied ethics and social problems presents introductions to the three most influential moral philosophies and relates these to some of the most urgent questions in contemporary public debates about the future of welfare services.
Perhaps more than any other scholar, Michael Moore has argued that there are deep and necessary connections between metaphysics, morality, and law. Moore has developed every contour of a theory of criminal law, from philosophy of action to a theory of causation. Indeed, not only is he the central figure in retributive punishment but his moral realist position places him at the center of many jurisprudential debates. Comprised of essays by leading scholars, this volume discusses and challenges the work of Michael Moore from one or more of the areas where he has made a lasting contribution, namely, law, morality, metaphysics, psychiatry, and neuroscience. The volume begins with a riveting contribution by Heidi Hurd, wherein she takes an unadorned and unabashed look at the man behind this monumental body of work, full of both triumphs and sadness. A number of essays focus on Moore's view of the purpose and justification of the criminal law, specifically his endorsement of retributivism and legal moralism. The book then addresses Moore's work in the various aspects of the general part of the criminal law, including Moore's position on how to understand criminal acts for double jeopardy purposes, Moore's claim that accomplice liability is superfluous, and Moore's views about the culpability of negligence, as well as the relationship between that view and proximate causation. Furthermore, the subject of defenses in criminal law is addressed, including self-defense, and also the intersection of psychiatry, psychology, cognitive neuroscience, and the criminal law. Also discussed are features of morality, and Moore's work in general jurisprudence. Finally, Moore concludes the volume with an essay that defends and delineates the features of his views.
Natural Law Ethics in Theory and Practice brings together a selection of essays of the late Joseph Boyle. Boyle was, with Germain Grisez and John Finnis, a founder and developer of the New Classical Natural Law Theory, arguably the most important development in Catholic moral philosophy of the twentieth century. While this theory is indebted to the work of St. Thomas Aquinas, it incorporates an understanding and assessment of that work that is different from that found in other statements of natural law. Boyle made crucial contributions to a wide variety of aspects of this theory, and the volume is divided into two parts. Part One: Articulating a Theory of Natural Law contains three sections in which Boyle defends the reality of free choice and the view that the basic reasons for action, or first principles of natural law, are incommensurable in goodness. Boyle identifies the basic moral standard for choice and action, and develops an account of human action that elucidates the important role played by intention and double effect in their moral evaluation. The essays in Part Two: Natural Law Theory and Contemporary Moral Problems demonstrate the strength and scope of Boyle’s natural law account, as he brings it to bear upon just war theory, property and welfare rights, and issues in bioethics. The essays in bioethics address the difficult question of whether it is appropriate to tube-feed patients in persistent vegetative state, and include an unpublished essay, “Against Assisted Death,” which he delivered as the Anscombe Lecture at The Anscombe Bioethics Centre in Oxford about a year before he died. This volume also includes a Foreword by Princeton’s Robert P. George; an Introduction by the editors that highlights Boyle’s contribution to the development of the new classical natural law theory; and a bibliography of Boyle’s publications.
Collection of original essays by leading researchers on current approaches to moral philosophy.
Vols. for 1969- include a section of abstracts.
Moral Philosophy: A Contemporary Introduction is a compact yet comprehensive book offering an explication and critique of the major theories that have shaped philosophical ethics. Engaging with both historical and contemporary figures, this book explores the scope, limits, and requirements of morality. DeNicola traces our various attempts to ground morality: in nature, in religion, in culture, in social contracts, and in aspects of the human person such as reason, emotions, caring, and intuition.
The concept of well-being is one of the oldest and most important topics in philosophy and ethics, going back to ancient Greek philosophy. Following the boom in happiness studies in the last few years it has moved to centre stage, grabbing media headlines and the attention of scientists, psychologists and economists. Yet little is actually known about well-being and it is an idea that is often poorly articulated. The Routledge Handbook of Philosophy of Well-Being provides a comprehensive, outstanding guide and reference source to the key topics and debates in this exciting subject. Comprising over 40 chapters by a team of international contributors, the Handbook is divided into six parts: well-being in the history of philosophy current theories of well-being, including hedonism and perfectionism examples of well-being and its opposites, including friendship and virtue and pain and death theoretical issues, such as well-being and value, harm, identity and well-being and children well-being in moral and political philosophy well-being and related subjects, including law, economics and medicine. Essential reading for students and researchers in ethics and political philosophy, it is also an invaluable resource for those in related disciplines such as psychology, politics and sociology.
With advances in personalised medicine, the field of medical law is being challenged and transformed. The nature of the doctor-patient relationship is shifting as patients simultaneously become consumers. The regulation of emerging technologies is being thrown into question, and we face new challenges in the context of global pandemics. This volume identifies significant questions and issues underlying the philosophy of medical law. It brings together leading philosophers, legal theorists, and medical specialists to discuss these questions in two parts. The first part deals with key foundational theories, and the second addresses a variety of topical issues, including euthanasia, abortion, and medical privacy. The wide range of perspectives and topics on offer provide a vital introduction to the philosophical underpinnings of medical law.