The Morality of Ethnomethodology
In: Theory and society: renewal and critique in social theory, Band 2, Heft 4, S. 509-530
ISSN: 0304-2421
In: Theory and society: renewal and critique in social theory, Band 2, Heft 4, S. 509-530
ISSN: 0304-2421
In: Kultur und Gesellschaft: Verhandlungen des 24. Deutschen Soziologentags, des 11. Österreichischen Soziologentags und des 8. Kongresses der Schweizerischen Gesellschaft für Soziologie in Zürich 1988, S. 165-178
Es wird die These vertreten, daß "weibliche Moral" eine Rollenmoral ist. Durch Daten über die weibliche Moralauffassung zu drei unterschiedlichen Zeitpunkten im Weiblichen Lebenslauf, in der frühkindlichen Phase, in der Adoleszenz und im Erwachsenenleben wird diese These empirisch belegt. Dabei wird vor allem der Frage nachgegangen, ob Frauen moralische Konflikte eher aus einer Fürsorglichkeitsperspektive als aus einer Gerechtigkeitsperspektive betrachten. Es wird ein Zusammenhang zwischen diffusen Rollen (z. B. in der Familie) und der weiblichen Fürsorglichkeitsmoral festgestellt. Wenn Frauen mehr Fürsorglichkeit zeigen, dann nicht, weil sie die Fähigkeit haben, Kinder zu gebären, und nicht, weil sie aufgrund einer engeren frühkindlichen Mutteridentifikation ein beziehungs- und fürsorgeorientiertes Selbst aufgebaut haben, sondern weil sie häufiger diffuse Rollen innehaben. (GF)
The motivation behind attempting suicide ranges from egoistic to altruistic, with societal preconceptions varying significantly between the two. In this ethical review, moralist, relativist, and libertarian theories are utilized to explore the morality of suicide. The hedonistic act utilitarian theory, which assesses the righteousness of an action solely based on the amount of pleasure or displeasure it creates, is used to evaluate the morality of suicide. According to the beneficence principle, there is sometimes a moral justification for suicide to alleviate suffering. On the other hand, Mill's rule utilitarianism views actions by their effect on overall human happiness and directs us to perform actions that maximize utility. For some individuals, like those undergoing immense suffering, the right to painless suicide would maximize utility. Kantian theory focuses on an individual's duty to uphold honour, dignity, and rationality. Collectively, these three virtues set the foundation of Kantian deontology. Furthermore, the libertarian view emphasizes the inherent right of human beings to individual security, liberty, and property with minimum government intervention. Libertarians recognize that suicide can be a rational and reasonable response to intolerable suffering. The ethical theories have proven to be interdependent; together, they propel us toward a better understanding of the morality of suicide.
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In The Autonomy of Morality Charles Larmore challenges two ideas that have shaped the modern mind. The world, he argues, is not a realm of value-neutral fact, nor does human freedom consist in imposing principles of our own devising on an alien reality. Rather, reason consists in being responsive to reasons for thought and action that arise from the world itself. Larmore shows that the moral good has an authority that speaks for itself. Only in this light does the true basis of a liberal political order come into view, as well as the role of unexpected goods in the makeup of a life lived well
Many lawyers, both inside and outside the law schools, suffer from insecurity about our discipline. Instead of thinking of ourselves as the curators of a grand tradition in Western thought, many of us think of the law as a collection of doctrinal formulas and rules imposed on us by legislatures and the highest courts. We are always looking elsewhere to find a source of wisdom that will give the law coherence and meaning. At various times in this century we have looked to sociology, anthropology, psychoanalysis and, of course, economics in an effort to ground our ideas in firmer soil. All of this transplanting from other disciplines has been carried out in the name of "inter-disciplinary studies." But the studies in fact have never been inter-disciplinary. We have sought to learn from others, but we have never assumed that the law had much to offer our colleagues in neighboring disciplines. However much we had to teach psychoanalysts about crime and punishment, we have not insisted on it. We apply economic analysis in the law, but the economists have not been influenced the slightest by legal thought. Legal thought is at the service of the smartest outside bidder, or at least we have come to think. This general, self-abnegating assumption about the intrinsic value of legal studies is shared by everyone from the economists to the various wings of Critical Legal Studies. The most common assumption of all, which is the most nourishing influence for law, is found in morality. If law is rooted in morality, it will flourish; if it comes disengaged from the nurturing source, it will wither into a hulk of arbitrary rules. This is the bias, more widely held than I would like to think, that moves me to write.
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In: Routledge Library Editions: Television
At the time when this book was originally published, broadcasting in Britain had become a huge industry undergoing major changes. There were questions over the release of a new television channel, and commercial radio.This Report was commissioned to aid the citizen at the receiving end of the new technologies who could feel very remote from the plans and decisions. It represents a wide range of views and interests, to examine the important questions which were arising from broadcasting, from the point of view of the public benefit. It sets out clearly and fully the background and the
In: Studies in global justice and human rights
Peacekeeping, peace enforcement and 'stability operations' ask soldiers to use violence to create peace, defeat armed threats while having no enemies and uphold human rights without taking sides. The challenges that face peacekeepers cannot be easily reduced to traditional just war principles. Daniel H. Levine uses insights from care ethics as well as extensive interviews with peacekeepers to develop the idea that peacekeepers have no enemies and should be seeking to bring even abusive actors into a Kantian 'kingdom of ends'. He argues that, while it contains elements of all three, peacekeeping is morally distinct from war, policing and governance. And he asserts that the traditional 'holy trinity' of peacekeeping principles - consent, impartiality, and minimum use of force - still provide the best guide to its morality. Key Features. Cases discussed include Darfur, the Democratic Republic of the Congo, Haiti and Liberia Focuses on protection and reconciliation rather than victory Excerpts from interviews with peacekeepers in the field, predominantly from Africa and India
From the castigation and stigmatization of victims of AIDS to our celebration of diet, exercise and fitness, the moral categorization of health and disease reflects contemporary notions that disease results from moral failure and that health is the representation of moral triumph. Ranging across academic disciplines and historical time periods, the essays in Morality and Health offer a compelling assessment of the powerful role of moral systems for judging the complex questions of risk and responsibility for disease, the experience of illness, and social and cultural response
In: Journal of European public policy, Band 27, Heft 7, S. 1015-1033
ISSN: 1466-4429
"This short but provocative volume… is a fitting testimony to the author's extraordinary, though tragically brief, career as a constitutional scholar, lawyer and teacher. In just a hundred and a half literate pages, we are treated to vintage Bickel insight into every major political issue of the decade, from the civil rights movement, to the Warren Court, through the frenetic university upheavals, and-inevitably-to Watergate…. A tapestry woven by a master of subtle color and texture."-Alan M. Dershowitz, New York Times Book Review"Presents the core of [Bickel's] legal and political philosophy…. In the five essays that compose this volume Bickel explores the relationship between morality and law, examining the role of the Constitution and Supreme Court in our political process, the nature of citizenship, the First Amendment, civil disobedience, and the moral authority of the intellectual…. All will be stimulated by Bickel's thoughtful message." -Perspective"[Bickel] wrote with astonishing clarity. It takes no legal training to understand his thinking about the law. Nor does it take a willingness to agree with him. All that's required of the reader of this important 'little' book is a concern that rivals Bickel's about the future of American society." -Newsweek"An illuminating, often a moving book, with all of Professor Bickel's rare ability to bring law to life in vivid words."-Anthony LewisAlexander M. Bickel, Sterling Professor of Law at Yale Law School, taught at Yale from 1956 until his death in 1974
In: The international library of essays in law and legal theory
In: Second series
part Part I Classical Natural Law Theory -- chapter 1 John Finnis (1990), 'Natural Law and Legal Reasoning', Cleveland State Law Review, 38, pp. 1-13 -- chapter 2 John Finnis (1986), 'The -- chapter 3 Mark C. Murphy (2003), 'Natural Law Jurisprudence', Legal Theory, 9, pp. 241-67 -- chapter 4 Brian Bix (2000), 'On the Dividing Line Between Natural Law Theory and Legal Positivism', Notre Dame Law Review, 75, pp. 1613-24 -- part Part II The Separability Thesis -- chapter 5H.L.A. Hart (1958), 'Positivism and the Separation of Law and Morals', Harvard Law Review, 71, pp. 593-629 -- chapter 6 Hans Kelsen (1960), 'What is the Pure Theory of Law?', Tulane Law Review, 34, pp. 269-76 -- chapter 7 David Lyons (1982), 'Moral Aspects of Legal Theory', Midwest Studies in Philosophy, 7, pp. 223-54 -- chapter 8 Joseph Raz (2003), 'About Morality and the Nature of Law', American Journal of Jurisprudence, 48, pp. 1-15 -- part Part III Constructive Interpretivism -- chapter 9 Ronald Dworkin (1982), 'Law as Interpretation', Texas Law Review, 60, pp. 527-50 -- chapter 10 Joseph Raz (1986), 'Dworkin: A New Link in the Chain', California Law Review, 74, pp. 1103-19 -- chapter 11 John Finnis (1987), 'On Reason and Authority in Law's Empire', Law and Philosophy, 6, pp. 357-80 -- chapter 12 Kenneth Einar Himma (2003), 'Trouble in Law's Empire: Rethinking Dworkin's Third Theory of Law', Oxford Journal of Legal Studies, 23, pp. 345-77 -- part Part IV Inclusive Legal Positivism -- chapter 13 Joseph Raz (1985), 'Authority, Law and Morality', Monist, 68, pp. 295-324 -- chapter 14 Scott J. Shapiro (1998), 'On Hart's Way Out', Legal Theory, 4, pp. 469-507 -- chapter 15 Jules L. Coleman (1998), 'Incorporationism, Conventionality, and the Practical Difference Thesis', Legal Theory, 4, pp. 381-425 -- part Part V Morality and Conceptual Methodology -- chapter 16 Joseph Raz (1996), 'On the Nature of Law', Archiv für Rechts- und Sozialphilosophie, 82, pp. 1-25 -- chapter 17 Brian Leiter (2003), 'Beyond the Hart/Dworkin Debate: The Methodology Problem in Jurisprudence', American Journal of Jurisprudence, 48, pp. 17-51 -- chapter 18 Stephen R. Perry (1998), 'Hart's Methodological Positivism', Legal Theory, 4, pp. 427-67 -- chapter 19 Brian H. Bix (2003), 'Raz on Necessity', Law and Philosophy, 22, pp. 537-59.
Complicating the ancient debate over the intersection of morality and politics are diverse definitions of fundamental concepts: the right and the good, virtue and vice, personal liberty and public interest. Divisions abound, also, about whether politics should be held to a higher moral standard or whether pragmatic considerations or realpolitik should prevail. Perhaps the two poles are represented most conspicuously by Aristotle and Machiavelli. These essays address perennial concerns in political and moral theory and underscore the rekindled yearning of many to hold the political realm to a higher standard despite the skepticism of dissenters who question the likelihood or even the desirability of success
In: Series in philosophy/University of Colorado Studies 3
In: The military law and the law of war review: Revue de droit militaire et de droit de la guerre, Band 47, Heft 2, S. 517
ISSN: 2732-5520