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Read e-book online Action and Value in Criminal Law PDF

By Stephen Shute, Visit Amazon's John Gardner Page, search results, Learn about Author Central, John Gardner, , Jeremy Horder

ISBN-10: 0198258062

ISBN-13: 9780198258063

ISBN-10: 0198260792

ISBN-13: 9780198260790

During this not easy selection of new essays, prime philosophers and felony attorneys from the U.S., the uk, and Canada holiday with the culture of treating the philosophical foundations of legal legislations as an accessory to the examine of punishment. Focusing essentially at the imperative problems with ethical good fortune, mistake, and psychological ailment, this quantity goals to reorient the learn of legal legislation. within the means of retrieving useful fabric from conventional legislations classifications, the participants holiday down fake institutions, exhibit hidden truths, and identify new styles of suggestion. Their continuously illuminating and infrequently startling conclusions makes this crucial interpreting for all these drawn to the philosophy of felony legislations.

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As Nancy Cott states: To be marriage, the institution requires public affirmation. It requires public knowledge—at least some publicity beyond the couple themselves; that is why witnesses are required for the ceremony and why wedding bells ring. 13 And yet, because of heterosexual arrogance, the point is seldom grasped. Since marriage is so common for heterosexuals and is such an ingrained institution, it does not seem like a positive affirmation by the state of certain relationships. It is just the way things are.

Some versions are quite negative, in that they emphasize the need for the individual to be almost completely free from governmental restraint and coercion. This is, of course, classical liberalism or modern libertarianism. Even contemporary liberal theorists like John Rawls attempt to preserve an individualism that steers away from moral content; indeed, this perspective requires the state to be neutral on questions of individual morality and notions of the good life. Individualism has little independent substantive moral value in this approach.

Indeed, as Jonathan Ned Katz describes Foucault’s position, “Sexuality . . ”21 Rejecting the idea of sexual repression that epitomized much of the early New Left views of the politics of sexuality, Foucault argued that sexual repression was only a small part of modern sexuality. Contrary to the repression thesis, according to Foucault, “We have not only witnessed a visible explosion of unorthodox sexualities; but . . ”22 The problem, then, is not repression but state power that promotes one version of sexuality.

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Action and Value in Criminal Law by Stephen Shute, Visit Amazon's John Gardner Page, search results, Learn about Author Central, John Gardner, , Jeremy Horder


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