Search results for 'law and morality' (try it on Scholar)

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  1. David Copp (1998). International Law and Morality in the Theory of Secession. Journal of Ethics 2 (3):219-245.score: 156.0
    In order responsibly to decide whether there ought to be an international legal right of secession, I believe we need an account of the morality of secession. I propose that territorial and political societies have a moral right to secede, and on that basis I propose a regime designed to give such groups an international legal right to secede. This regime would create a procedure that could be followed by groups desiring to secede or by states desiring to resolve (...)
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  2. Adil Ahmad Haque (2014). Law and Morality at War. Criminal Law and Philosophy 8 (1):79-97.score: 150.0
    Through a critical engagement with Jeremy Waldron’s work, as well as the work of other writers, I offer an account of the relative scope of the morality of war, the laws of war, and war crimes. I propose an instrumentalist account of the laws of war, according to which the laws of war should help soldiers conform to the morality of war. The instrumentalist account supports Waldron’s conclusion that the laws of war justifiably prohibit attacks on civilians even (...)
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  3. José Antonio Marina (2000). Genealogy of Morality and Law. Ethical Theory and Moral Practice 3 (3):303-325.score: 146.0
    In order to clarify the relationship between morality and law, it is necessary to define both concepts precisely. Cultural realities refer to concepts which are more specifically defined if we focus towards the genealogy of those realities, that is to say, their motivation, function and aim. Should we start from legal anthropology, comparative law and history of law, law arises as a social technique which coactively imposes ways of solving conflicts, protecting fundamental values for a society's co-existence. Values subject (...)
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  4. Roger Cotterrell (2000). Common Law Approaches to the Relationship Between Law and Morality. Ethical Theory and Moral Practice 3 (1):9-26.score: 146.0
    How are general relations of law and morality typically conceived in an environment of Anglo-saxon common law? This paper considers some classical common law methods and traditions as these have confronted and been overlaid with modern ideas of legal positivism. While classical common law treated a community and its morality as the cultural foundation of law, legal positivism's analytical separation of law and morals, allied with liberal approaches to legal regulation, have made the relationship of legal and moral (...)
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  5. Joseph Raz (2003). About Morality and the Nature of Law. American Journal of Jurisprudence 48 (1):1-15.score: 144.0
    In support of my longstanding claim that the traditional divide between natural law and legal positivist theories of law, the present paper explores a variety of necessary connections between law and morality which are consistent with theories of law traditionally identified as positivist.
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  6. Karl Persson (2012). Why Bariatric Surgery Should Be Given High Priority: An Argument From Law and Morality. [REVIEW] Health Care Analysis:1-20.score: 134.0
    In recent years, bariatric surgery has become an increasingly popular treatment of obesity. The amount of resources spent on this kind of surgery has led to a heated debate among health care professionals and the general public, as each procedure costs at minimum $14,500 and thousands of patients undergo surgery every year. So far, no substantial argument for or against giving this treatment a high priority has, however, been presented. In this article, I argue that regardless which moral perspective we (...)
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  7. M. Cathleen Kaveny (2005). Between Example and Doctrine Contract Law and Common Morality. Journal of Religious Ethics 33 (4):669-695.score: 132.0
    In "Democracy and Tradition," Jeffrey Stout contends that American constitutional democracy constitutes a well-functioning moral and political tradition that is not hostile to religion, although it does not depend on any specifically religious claims. I argue that Stout's contention is supported by a consideration of the great common law subject of contracts, as taught to first-year law students across the United States. First, I demonstrate how contract law can fruitfully be understood as a Maclntyrean tradition. Second, I illustrate the moral (...)
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  8. Dejan Stankovic (2002). Law and Morality in Contemporary Philosophy of Law. Filozofija I Drustvo 19:203-212.score: 132.0
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  9. Baudouin Dupret (2011). Adjudication in Action: An Ethnomethodology of Law, Morality and Justice. Ashgate.score: 126.0
    Law and morality : constructs and models -- The morality of cognition : the normativity of ordinary reasoning -- Law in action : a praxeological approach to law and justice -- Law in context : legal activity and the institutional context -- Procedural constraint : sequentiality, routine, and formal correctness -- Legal relevance : the production of factuality and legality -- From law in the books to law in action : egyptian criminal law between doctrine, case law, jurisprudence, (...)
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  10. Robert Alexy (2012). Law, Morality, and the Existence of Human Rights. Ratio Juris 25 (1):2-14.score: 114.0
    In the debate between positivism and non-positivism the argument from relativism plays a pivotal role. The argument from relativism, as put forward, for instance, by Hans Kelsen, says, first, that a necessary connection between law and morality presupposes the existence of absolute, objective, or necessary moral elements, and, second, that no such absolute, objective, or necessary moral elements exist. My reply to this is that absolute, objective, or necessary moral elements do exist, for human rights exist, and human rights (...)
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  11. Seth Lazar (2012). The Morality and Law of War. In Andrei Marmor (ed.), Routledge Companion to the Philosophy of Law. Routledge.score: 114.0
    The revisionist critique of conventional just war theory has undoubtedly scored some important victories. Walzer’s elegantly unified defense of combatant legal equality and noncombatant immunity has been seriously undermined. This critical success has not, however, been matched by positive arguments, which when applied to the messy reality of war would deprive states and soldiers of the permission to fight wars that are plausibly thought to be justified. The appeal to law that is sought to resolve this objection by casting it (...)
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  12. Jeffrie G. Murphy (2012). Punishment and the Moral Emotions: Essays in Law, Morality, and Religion. OUP USA.score: 114.0
    This collection of essays presents Jeffrie G. Murphy's most recent ideas on punishment, forgiveness, and the emotions of resentment, shame, guilt, remorse, love, and jealousy. In Murphy's view, conscious rationales of principle -- such as crime control or giving others what in justice they deserve -- do not always drive our decisions to punish or condemn others for wrongdoing. Sometimes our decisions are in fact driven by powerful and rather base emotions such as malice, spite, envy, and cruelty. But our (...)
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  13. Paul Johnson, Ordinary Folk and Cottaging: Law, Morality, and Public Sex.score: 114.0
    The Sexual Offences Act 2003 introduced a new statutory offence of "sexual activity in a public lavatory" into English law. Although written as a gender-neutral offence, the statute was formulated and enacted on the basis of concerns about male homosexual sexual activity in public lavatories ("cottaging"). This paper examines the justifications for, and implications of, the legislation. It considers the main arguments made in support of the offence and situates these within established moral, legal, and social debates about homosexuality. The (...)
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  14. Scott J. Shapiro (2000). Law, Morality, and the Guidance of Conduct. Legal Theory 6 (2):127-170.score: 114.0
    Legal positivism is generally characterized by its commitment to two theses Separability Thesis,” denies any necessary connection between morality and legality. Legal positivists do not require that a norm possess any desirable, or lack any undesirable, moral attributes in order to count as law.
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  15. Leslie Green (2013). Should Law Improve Morality? Criminal Law and Philosophy 7 (3):473-494.score: 114.0
    Lawyers and philosophers have long debated whether law should enforce social morality. This paper explores whether law should improve social morality. It explains how this might be possible, and what sort of obstacles, factual and moral, there are to doing so. It concludes with an example: our law should attempt to improve our social morality of sexual conduct.
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  16. Richard Mullender (2009). Law, Morality and the Egalitarian Philosophy of Government. Oxford Journal of Legal Studies 29 (2):389-411.score: 114.0
    Herbert Hart and the positivists influenced by him have, according to Nigel Simmonds, deflected attention from the question that has always been at the heart of philosophical reflection on law. This question concerns the relationship between law and morality and how we should understand it. Simmonds argues that law and morality are necessarily related and seeks to explain their relationship by reference to an archetype that actually existing legal institutions approximate more or less adequately. He identifies this archetype (...)
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  17. Neil MacCormick (2008). Practical Reason in Law and Morality. Oxford University Press.score: 112.0
    Incentives and reasons -- Values and human nature -- Right and wrong -- Questions of trust -- Autonomy and freedom -- Obedience, freedom, and engagement : or utility? -- Society, property, and commerce -- On justice -- Using freedom well -- Judging : legal cases and moral questions -- Practical reason, law, and state.
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  18. Joseph Raz (1994). Ethics in the Public Domain: Essays in the Morality of Law and Politics. Oxford University Press.score: 108.0
    In the past twenty years Joseph Raz has consolidated his reputation as one of the most acute, inventive, and energetic scholars currently at work in analytic moral and political theory. This new collection of essays forms a representative selection of his most significant contributions to a number of important debates, including the extent of political duty and obligation, and the issue of self-determination. He also examines aspects of the common (and ancient) theme of the relations between law and morality. (...)
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  19. John-Michael Kuczynski (2010). Morality, Politics, and Law. Kendall Hunt Publishing.score: 108.0
    It is argued (a) that laws are assurances of protections of rights and (b) that governments are protectors of rights. Lest those assurances be empty and thus not really be assurances at all, laws must be enforced and governments must therefore have the power to coerce. For this reason, the government of a given region tends to have, as Max Weber put it, a "monopoly on power" in that region. And because governments are power-monopolizers, it is tempting to think that (...)
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  20. Virginia Held (2011). Morality, Care, and International Law. Ethics and Global Politics 4 (3).score: 108.0
    Whether we should respect international law is in dispute. In the United States, international law is dismissed by the left as merely promoting the interests of powerful states. It is attacked by the right as irrelevant and an interference with the interests and mission of the United States. And it follows from the arguments of many liberals that in the absence of world government the world is in a Hobbesian state of nature and international law inapplicable. This article reviews the (...)
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  21. Kent Greenawalt (1987). Conflicts of Law and Morality. Oxford University Press.score: 108.0
    Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. This objective book views these oblique circumstances from two perspectives: that of the person who faces a possible conflict between the claims of morality and law and must choose whether (...)
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  22. Leon Petrażycki (2010). Law and Morality. Translation Publishers.score: 108.0
    Law and Morality has a basic objective: to analye interrelations between positive and intuitive law.
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  23. Gerald Dworkin (ed.) (1994). Morality, Harm, and the Law. Westview Press.score: 108.0
    Some of the most difficult and wrenching social and political issues in U.S. society today are about the relationship between strongly held moral values and the laws of the land. There is no consensus about whether the law should deal with morality at all, and if it is to do so, there is no agreement over whose morality is to be reflected in the law.In this compact and carefully edited anthology, Gerald Dworkin presents the readings necessary for an (...)
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  24. Matthew H. Kramer (2008). Where Law and Morality Meet. Oxford University Press.score: 108.0
    How are law and morality connected, how do they interact, and in what ways are they distinct? In Part I of this book, Matthew Kramer argues that moral principles can enter into the law of any jurisdiction. He contends that legal officials can invoke moral principles as laws for resolving disputes, and that they can also invoke them as threshold tests which ordinary laws must satisfy. In opposition to many other theorists, Kramer argues that these functions of moral principles (...)
     
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  25. H. L. A. Hart, P. M. S. Hacker & Joseph Raz (eds.) (1977). Law, Morality, and Society: Essays in Honour of H. L. A. Hart. Clarendon Press.score: 108.0
    Hacker, P. M. S. Hart's philosophy of law.--Baker, G. P. Defeasibility and meaning.--Dworkin, R. M. No right answer?-Lucas, J. R. The phenomenon of law.--Honoré, A. M. Real laws.--Summers, R. S. Naïve instrumentalism and the law.--Marshall, G. Positivism, adjudication, and democracy.--Cross, R. The House of Lords and the rules of precedent.--Kenny, A. J. P. Intention and mens rea in murder.--Mackie, J. L. The grounds of responsibility.--MacCormick, D. N. Rights in legislation.--Raz, J. Promises and obligations.--Foot, P. R. Approval and disapproval.--Finnis, J. M. (...)
     
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  26. Herlinde Pauer-Studer (2012). Law and Morality Under Evil Conditions. The SS Judge Konrd Morgen. Jurisprudence 3 (2):367-390.score: 108.0
    In Anglo-American legal theory the lack of morality was often considered as the main problem of Nazi law. Bringing law and morality together thus seems to meet the challenge posed by the Nazi legal system. In this paper I argue that the mere unification of law and morality is not sufficient to cope with the distortions of Nazi law. By discussing the framework of the SS-jurisdiction and the case of the SS-judge Konrad Morgen I try to show (...)
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  27. Richard A. Wasserstrom (1971). Morality and the Law. Belmont, Calif.,Wadsworth Pub. Co..score: 108.0
    On liberty, by J. S. Mill.--Morals and the criminal law, by P. Devlin.--Immorality and treason, by H. L. A. Hart.--Lord Devlin and the enforcement of morals, by R. Dworkin.--Sins and crimes, by A. R. Louch.--Morals offenses and the model penal code, L. B. Schwartz.--Paternalism, by G. Dworkin.--Four cases involving the enforcement of morality: Shaw v. Director of Public Prosecutions; People v. Cohen; Repouille v. United States; Commonwealth v. Donoghue.--Bibliography (p. 149).
     
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  28. M. Katherine B. Darmer & Robert M. Baird, Introduction to Morality, Justice and the Law.score: 102.0
    MORALITY, JUSTICE AND THE LAW is a co-edited volume pulling together selections on theories of the moral underpinnings of law, morality and lawyering (including the religious lawyering movement), civil disobedience, capital punishment and immigration. The book was published by Prometheus Books in 2007.
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  29. Jeffrie G. Murphy (2013). A Failed Refutation and an Insufficiently Developed Insight in Hart's Law, Liberty, and Morality. Criminal Law and Philosophy 7 (3):419-434.score: 102.0
    H. L. A. Hart, in his classic book Law, Liberty, and Morality, is unsuccessful in arguing that James Fitzjames Stephen’s observations about the role of vice in criminal sentencing have no relevance to a more general defense of legal moralism. He does, however, have a very important insight about the special significance of sexual liberty.
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  30. María Cristina Redondo (forthcoming). Some Remarks on the Connection Between Law and Morality. Law and Philosophy:1-21.score: 102.0
    This article is primarily focused on two interconnected discussions presented by John Gardner in Law as a Leap of Faith. The first one is related to the thesis which, according to Gardner, all positivists agree on; the second one is referred to the positivist’s position regarding the connection between law and morality. In order to address these issues I rely on the distinction between two kinds of criteria: the conceptual criteria and the validity criteria. On this basis, and against (...)
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  31. Mario Ricciardi (2013). Morality, Law and the Fair Distribution of Freedom. Criminal Law and Philosophy 7 (3):531-548.score: 102.0
    Hart’s criticism of Devlin’s stance on the legal enforcement of morality has been highly influential in shaping a new liberal sensibility and in paving the way to many important legal reforms in the UK. After 50 years it is perhaps time to go back to Law, Liberty and Morality to see it in the perspective of the general evolution of Hart’s thought since the early 50s. This is a period of extraordinary creativity for the Oxford philosopher, in which (...)
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  32. Michael Perry, Human Rights as Morality, Human Rights as Law.score: 96.0
    There has been growing interest in, and scholarly attention to, issues and questions that arise within the subject matter domain we may call "human rights theory". See, in particular, Amartya Sen, "Elements of a Theory of Human Rights," 32 Philosophy & Public Affairs 315 (2004); James W. Nickel, Making Sense of Human Rights (rev. ed. 2006); Michael J. Perry, Toward a Theory of Human Rights: Religion, Law, Courts (2007); James Griffin, On Human Rights (2008); Nicholas Wolterstorff, Justice: Rights and Wrongs (...)
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  33. Alfonso Gómez-Lobo (2002). Morality and the Human Goods: An Introduction to Natural Law Ethics. Georgetown University Press.score: 96.0
    A concise and accessible introduction to natural law ethics, this book introduces readers to the mainstream tradition of Western moral philosophy.
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  34. Robert P. George (ed.) (1996). Natural Law, Liberalism, and Morality: Contemporary Essays. Oxford University Press.score: 96.0
    This work brings together leading defenders of Natural Law and Liberalism for a series of frank and lively exchanges touching upon critical issues of contemporary moral and political theory. The book is an outstanding example of the fruitful engagement of traditions of thought about fundamental matters of ethics and justice.
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  35. Brian Bix (2008). Contract Rights and Remedies, and the Divergence Between Law and Morality. Ratio Juris 21 (2):194-211.score: 96.0
    There is an ongoing debate in the philosophical and jurisprudential literature regarding the nature and possibility of Contract theory. On one hand are those who argue (or assume) that there is, or should be, a single, general, universal theory of Contract Law, one applicable to all jurisdictions and all times. On the other hand are those who assert that Contract theory should be localized to particular times and places, perhaps even with different theories for different types of agreements. This article (...)
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  36. Giorgio Bongiovanni, Antonino Rotolo, Corrado Roversi & Chiara Valentini (2009). The Structure of Social Practices and the Connection Between Law and Morality. Ratio Juris 22 (1):1-23.score: 96.0
    In his work, Jules Coleman has held that the rule of recognition, if conceived of as a shared cooperative activity, should be the gateway through which to incorporate moral constraints on the content of law. This analysis, however, leaves unanswered two important questions. For one thing, we do not know when or even why morality becomes a criterion of legality. And, for another thing, we still do not know what conception of morality it is that we are dealing (...)
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  37. Mark C. Murphy (2011). God and Moral Law: On the Theistic Explanation of Morality. OUP Oxford.score: 96.0
    Does God's existence make a difference to how we explain morality? Mark C. Murphy critiques the two dominant theistic accounts of morality--natural law theory and divine command theory--and presents a novel third view. He argues that we can value natural facts about humans and their good, while keeping God at the centre of our moral explanations. The characteristic methodology of theistic ethics is to proceed by asking whether there are features of moral norms that can be adequately explained (...)
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  38. Ralph Wedgwood (2012). Review: Elizabeth Brake, Minimizing Marriage: Marriage, Morality, and the Law. [REVIEW] Notre Dame Philosophical Reviews.score: 96.0
    This is a review of Elizabeth Brake's book Minimizing Marriage: Marriage, Morality, and the Law (Oxford University Press, 2012).
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  39. B. I. X. H. (2008). Contract Rights and Remedies, and the Divergence Between Law and Morality. Ratio Juris 21 (2):194-211.score: 96.0
    Abstract. There is an ongoing debate in the philosophical and jurisprudential literature regarding the nature and possibility of Contract theory. On one hand, are those who argue (or assume) that there is, or should be, a single, general, universal theory of Contract Law, one applicable to all jurisdictions and all times. On the other hand, are those who assert that Contract theory should be localized to particular times and places, perhaps even with different theories for different types of agreements. This (...)
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  40. Steven Wall (2013). Enforcing Morality. Criminal Law and Philosophy 7 (3):455-471.score: 96.0
    In debating Patrick Devlin, H. L. A. Hart claimed that the “modern form” of the debate over the legal enforcement of morals centered on the “significance to be attached to the historical fact that certain conduct, no matter what, is prohibited by a positive morality.” This form of the debate was politically important in 1963 in Britain and America, and it remains politically important in these countries today and elsewhere; but it is not the philosophically most interesting form the (...)
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  41. Michael J. Perry (1990). Morality, Politics, and Law: A Bicentennial Essay. OUP USA.score: 96.0
    `What is the proper relation of moral and religious beliefs to politics and law, especially in a society that, like the United States, is morally and religiously pluralistic?' In Morality, Politics, and Law, noted constitutional theorist Michael Perry answers this fundamental question, criticizing the vision of constitutional adjudication and defending a more liberal philosophy of constitutional interpretation.
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  42. Cristobal Orrego (2010). Autonomy Within the Limits of Sympathy: A Comment on Neil MacCormick's Practical Reason in Law and Morality. Jurisprudence 1 (1):137-146.score: 96.0
    Neil MacCormick says that his "version of institutional theory" about the law 'is "non positivist", or, if you wish, "post-positivist"'. He is aware, however, that his work could be perfectly labelled, from the point of view of the history of legal and moral thought, as a form of natural law theory, at least by those who adhere to some version of natural law. It is an important merit of MacCormick that, rising above the label walls and wars, his theory of (...)
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  43. Elliot R. Wolfson (2006). Venturing Beyond: Law and Morality in Kabbalistic Mysticism. Oxford University Press.score: 96.0
    Are mysticism and morality compatible or at odds with one another? If mystical experience embraces a form of non-dual consciousness, then in such a state of mind, the regulative dichotomy so basic to ethical discretion would seemingly be transcended and the very foundation for ethical decisions undermined. Venturing Beyond - Law and Morality in Kabbalistic Mysticism is an investigation of the relationship of the mystical and moral as it is expressed in the particular tradition of Jewish mysticism known (...)
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  44. Claire Finkelstein, Jens David Ohlin & Andrew Altman (eds.) (2012). Targeted Killings: Law and Morality in an Asymmetrical World. OUP Oxford.score: 96.0
    The war on terror is remaking conventional warfare. The protracted battle against a non-state organization, the demise of the confinement of hostilities to an identifiable battlefield, the extensive involvement of civilian combatants, and the development of new and more precise military technologies have all conspired to require a rethinking of the law and morality of war. Just war theory, as traditionally articulated, seems ill-suited to justify many of the practices of the war on terror. The raid against Osama Bin (...)
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  45. Lothar Philipps (1993). Artificial Morality and Artificial Law. Artificial Intelligence and Law 2 (1):51-63.score: 96.0
    The article investigates the interplay of moral rules in computer simulation. The investigation is based on two situations which are well-known to game theory: the prisoner''s dilemma and the game of Chicken. The prisoner''s dilemma can be taken to represent contractual situations, the game of Chicken represents a competitive situation on the one hand and the provision for a common good on the other. Unlike the rules usually used in game theory, each player knows the other''s strategy. In that way, (...)
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  46. Jeff McMahan, Précis: The Morality and Law of War.score: 96.0
    The following commentaries are responses to the rough drafts of six lectures — the Hourani Lectures—that I delivered at the University of Buffalo in November of 2006. This draft manuscript is being extensively revised and expanded for publication by Oxford University Press as a book called The Morality and Law of War. Even though in January 2007 the book was still both unpolished and incomplete, David Enoch at that time generously organized a workshop at the Law School of the (...)
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  47. José Manuel Aroso Linhares (2012). Law's Cultural Project and the Claim to Universality or the Equivocalities of a Familiar Debate. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (4):489-503.score: 96.0
    Do our present circumstances allow us to defend a specific connection (that specific connection) between «legal rules», «moral claims» and «democratic principles» which we may say is granted by an unproblematic presupposition of universality or by an «acultural» experience of modernity? In order to discuss this question, this paper invokes the challenge-visée of a plausible reinvention of Law’s autonomous project (a reinvention which may be capable of critically re-thinking and re-experiencing Law’s constitutive cultural-civilizational originarium in a «limit-situation» such as our (...)
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  48. Benjamin C. Zipursky (2013). The Inner Morality of Private Law. American Journal of Jurisprudence 58 (1):27-44.score: 96.0
    Lon Fuller’s classic The Morality of Law is an exploration of the basic principles of a legal system: the law should be publicly promulgated, prospective, clear, and general. So deep are these principles, he argued, that too great a deviation from them would not simply create a bad legal system and bad law, but would render the products of such a system undeserving of the name “law” at all. In this essay, I argue that Fuller’s basic principles are not (...)
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  49. Lori Gruen & George Panichas (eds.) (1996). Sex, Morality, and the Law. Routledge.score: 96.0
    Sex, Morality, and the Law combines legal and philosophical arguments to focus on six controversial topics; homosexual sex, prostitution, pornography, abortion, sexual harassment, and rape. Suitable for use in several disciplines at both undergraduate and graduate levels, this anthology includes critical court decisions and essays representing a diversity of conservative, liberal, and feminist positions.
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  50. John Keown & Robert P. George (eds.) (2013). Reason, Morality, and Law: The Philosophy of John Finnis. Oxford University Press.score: 96.0
    John Finnis is a pre-eminent legal, moral and political philosopher. This volume contains over 25 essays by leading international scholars of philosophy and law who critically engage with issues at the heart of Finnis's work.
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