Law and Morality : : A Survey of Ideas, Issues, and Cases.

• Author: Esposito, Joseph.
• Place / Publishing House: Bradford : : Ethics International Press Limited,, 2022.; Ã2022.
• Year of Publication: 2022
• Edition: 1st ed.
• Language: English
• Physical Description: 1 online resource (342 pages)

This book provides a survey of important topics arising out of the interaction of law and morality, primarily within the American legal tradition. Its focus is on an examination of relevant case law. The book is divided into three sections: (1) Theory: Some general theories of the relation between law and morality. (2) Method: How the law attempts to deal with evolving issues of law and morality using the common law and the ethical and procedural norms of judicial reasoning; (3) Practice: A survey of topics where case law is seen as a response to controversial moral conflicts that arise within American culture and social life. Law and Morality can be seen as a core text for courses in the general area of 'law and morality' or 'law and ethics' taught in philosophy departments; multi-disciplinary curricula involving Philosophy, Politics, and Law; pre-law courses on an undergraduate level; and courses in law schools that take up 'law and philosophy' issues. It is an important reference work for international legal scholars, and those interested in obtaining in a single volume a broad range of information about how the American legal system has evolved in dealing with moral and ethical conflicts through law.

Table of Contents

Intro -- Preface -- Introduction -- Part One: Theory -- Chapter 1 The Inner and Outer Morality of Law -- The Ambiguity of Rules -- The Inner Morality of Law -- The Outer Morality of Law -- The Interaction of Law and Morality -- Morality and the Rule of Law -- Chapter 2 Moral Law, Positive Law, Natural Law -- Moral Law -- Positive Law -- Natural Law -- Part Two: Method -- Chapter 3 Common Law and Statutory Law -- Introduction -- Holmes and the Common Law -- Holmes's Legacy -- The Interplay of Common Law and Statutory Law -- Can Common Law and Statutory Law be Reconciled? -- Chapter 4 The Ethics of Adjudication and Judicial Review -- Adjudication -- Judicial Review -- Part Three: Practice -- Chapter 5 Law and Religion -- Defining 'Religion' -- Madison and Jefferson -- Religion in the Courts -- Can Law Cognize Religion? -- Should Law Cognize Religion? -- Conclusion -- Chapter 6 Free Speech and Public Consensus -- The Limits of Free Speech -- Speech That Harms -- Political Expression and Debate -- The Problem of Public Consensus -- Chapter 7 Privacy, Dignity, Intimacy -- Elusive Zones of Privacy -- Privacy Law -- Expanding Privacy -- Balancing Privacy Interests -- Emerging Issues -- Conclusion -- Chapter 8 Law and Politics -- The Politics of Law -- The Law of Politics -- Conclusion -- Chapter 9 Morality and Laws of the Body -- Introduction -- Liberty and Paternalism -- Suicide and Assisted Suicide -- Assisted Dying, Triage, and Euthanasia -- Marriage and Parenthood -- Birth Control and Sterilization -- Sexual Activity and Experience -- Abortion -- Punishment -- Conclusion.