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

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

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 l...

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

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