Download e-book for kindle: A Matter of Dispute: Morality, Democracy, and Law by Christopher J. Peters

By Christopher J. Peters

ISBN-10: 0195387228

ISBN-13: 9780195387223

Legislation usually purports to require humans, together with executive officers, to behave in methods they suspect are morally incorrect or destructive. what's it approximately legislation which may justify any such claim?

In an issue of Dispute: Morality, Democracy, and legislation, Christopher J. Peters deals a solution to this question, one who illuminates the original allure of democratic executive, the bizarre constitution of adversary adjudication, and the contested legitimacy of constitutional judicial evaluate. Peters contends that legislation will be considered basically as a tool for keeping off or resolving disputes, a functionality that suggests definite center houses of authoritative felony strategies. these homes - competence and impartiality - provide democracy its virtue over other kinds of presidency. additionally they underwrite the adversary nature of common-law adjudication and the tasks and constraints of democratic judges. they usually floor a safeguard of constitutionalism and judicial assessment opposed to power objections that these practices are "counter-majoritarian" and therefore nondemocratic.

This paintings canvasses primary difficulties in the different disciplines of criminal philosophy, democratic thought, philosophy of adjudication, and public-law concept and indicates a unified method of unraveling them. It additionally addresses functional questions of legislations and executive in a manner that are supposed to entice an individual attracted to the complicated and infrequently dating between morality, democracy, and the rule of thumb of law.

Written for experts and non-specialists alike, an issue of Dispute explains why each one people separately, and we all jointly, have cause to obey the legislation - why democracy really is a procedure of presidency below legislation.

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The Second Assumption: Persons as Good-Faith Moral Reasoners I also will assume, for most purposes, that the individual legal subjects whose choices I discuss are good-faith moral reasoners—that in deciding how to act, each person wants, and tries, to do the morally right thing. This assumption precludes the possibility that a legal subject will, like Oliver Wendell Holmes’s famous “bad man,”44 decide what to do based solely on his own personal advantage. It is of course possible that the dictates of morality will coincide with the personal advantage of a legal subject; it also is possible that the fact that a given course of action would be personally advantageous to the legal subject is relevant to how that person, morally, ought to act.

In the final two chapters of the book, I will articulate a defense of constitutionalism and judicial review that turns on the possibility that the decisions of certain political actors—legislators, other government officials, political majorities—sometimes will be distorted by self-interest or other forms of partiality. This might seem to contradict my premise that legal subjects are good-faith moral reasoners, but that perception would be mistaken. For one thing, people acting in complete good faith might still, thanks to the unperceived influence of self-interest, get it wrong; their decisions might be distorted by self-interest without their knowing it.

2002) (1934). 14 The problem of legal authority became important to analytic legal philosophy as followers of Hart began examining and testing the implications of some of these central tenets. Noticing that Hart’s account of the internal point of view lacked sufficient detail to explain the special sense of obligation that law imposes, Joseph Raz proposed a more sophisticated explanation of how law affects the moral reasoning of those subject to it. 15 A legal rule that people must perform their contracts, for example, might eliminate certain valid moral reasons that a person otherwise might have for failing to perform, thus changing the moral calculus and requiring the person to perform the contract.

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A Matter of Dispute: Morality, Democracy, and Law by Christopher J. Peters


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