Conscience and Conviction

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Release : 2012-10-18
Genre : Law
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Book Rating : 923/5 ( reviews)

Conscience and Conviction - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Conscience and Conviction write by Kimberley Brownlee. This book was released on 2012-10-18. Conscience and Conviction available in PDF, EPUB and Kindle. The book shows that civil disobedience is generally more defensible than private conscientious objection. Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness (CPC). According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing. The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience. Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.

Conviction and Responsibility

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Release : 2007
Genre : Communication in international relations
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Book Rating : /5 ( reviews)

Conviction and Responsibility - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Conviction and Responsibility write by Andrew Frederick Smith. This book was released on 2007. Conviction and Responsibility available in PDF, EPUB and Kindle.

Revisiting Max Weber's Ethic of Responsibility

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Release : 2018-02-20
Genre : Philosophy
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Book Rating : 162/5 ( reviews)

Revisiting Max Weber's Ethic of Responsibility - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Revisiting Max Weber's Ethic of Responsibility write by Etienne de Villiers. This book was released on 2018-02-20. Revisiting Max Weber's Ethic of Responsibility available in PDF, EPUB and Kindle. To what extent could Max Weber's ethic of responsibility serve as a model for us today? An adequate answer to this question could only be given on the basis of a satisfactory interpretation and thorough assessment of his ethic of responsibility. In this monograph Etienne de Villiers sets himself the task of doing just that. He establishes that, in spite of serious shortcomings, Weber's ethic points to the contemporary need for an ethic of responsibility as a second-level normative ethical approach that would address the undermining effect of modernisation on ethical living. Such a contemporary ethic of responsibility would provide guidelines on how ethical living could be responsibly enhanced in our time. The author also presents a brief proposal on how a contemporary ethic of responsibility might be designed.

The Limits of Blame

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Release : 2018-11-12
Genre : Philosophy
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Book Rating : 778/5 ( reviews)

The Limits of Blame - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Limits of Blame write by Erin I. Kelly. This book was released on 2018-11-12. The Limits of Blame available in PDF, EPUB and Kindle. Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.

On Guilt, Responsibility, and Punishment

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Release : 1975-01-01
Genre : Law
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Book Rating : 176/5 ( reviews)

On Guilt, Responsibility, and Punishment - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook On Guilt, Responsibility, and Punishment write by Alf Ross. This book was released on 1975-01-01. On Guilt, Responsibility, and Punishment available in PDF, EPUB and Kindle. Selected essays originally published as a book in Danish in 1970. Three had been published before then in English, but the others are new. All deal with concepts common to law and morality. "They function in the same way in legal and moral discourse: guilt determines responsibility, and responsibility punishment. But the conditions under which a person incurs guilt differ according to whether the guilt is legal or moral, as do also the manner in which the responsibility takes effect and the penal reaction itself." Cf. Preface, page v.