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Record Nr. |
UNINA9910792559803321 |
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Titolo |
Ethical rationalism and the law / / edited by Patrick Capps and Shaun D. Pattinson |
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Pubbl/distr/stampa |
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Oxford [UK] ; ; Portland, Oregon : , : Hart Publishing, , 2017 |
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ISBN |
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1-5099-1001-8 |
1-5099-1000-X |
1-5099-0999-0 |
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Descrizione fisica |
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1 online resource (277 pages) |
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Disciplina |
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Soggetti |
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Ethical relativism |
Law and ethics |
Law - Moral and ethical aspects |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Note generali |
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Nota di bibliografia |
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Includes bibliographical references and index. |
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Nota di contenuto |
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The past, present and future of ethical rationalism -- Patrick Capps and Shaun D. Pattinson -- How to become a successful Hegelian -- Stuart Toddington -- Identifying and justifying moral norms : necessary basics -- Kenneth R Westphal -- Hope, agency, and aesthetic sensibility : a response to Beyleveld's account of Kantian hope -- Dascha Düring and Marcus Düwell -- Justification in morality and the law -- Michael Boylan -- Advance refusals and the personal identity objection -- Shaun D Pattinson -- Law as a moral judgment, the domain of jurisprudence, and technological management -- Roger Brownsword -- Beyond reason : the legal importance of emotions -- Thom Brooks and Diana Sankey -- Public goods in the ethical reconsideration of research innovation -- Benjamin Capps -- Privacy, politeness, and the boundary between theory and practice in ethical rationalism -- David Townend -- Fidelity to international law : on international courts and politics -- Henrik Palmer Olsen -- Legal idealism and global law -- Patrick Capps -- What is Gewirth and what is Beyleveld? a retrospect with comments on the contributions -- Deryck Beyleveld. |
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Sommario/riassunto |
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What role does reason play in determining what, if anything, is morally |
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right? What role does morality play in law? Perhaps the most controversial answer to these fundamental questions is that reason supports a supreme principle of both morality and legality. The contributors to this book cast a fresh critical eye over the coherence of modern approaches to ethical rationalism within law, and reflect on the intellectual history on which it builds. The contributors then take the debate beyond the traditional concerns of legal theory into areas such as the relationship between morality and international law, and the impact of ethically controversial medical innovations on legal understanding |
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