Products related to Moral law:
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Criminal Law : Historical, Ethical, and Moral Foundations
Criminal Law: Historical, Ethical, and Moral Foundations, 3rd edition, blends legal and moral reasoning in the examination of crimes and explores the history relating to jurisprudence and roots of criminal law.In order to fully grasp criminal law concepts, students must go beyond mere rote memorization of the penal code and endeavor to understand where the laws originate from and how they have developed.This book fosters discussions of controversial issues and delivers abridged case law decisions that target the essence of appellate rulings. Grounded in the Model Penal Code, making the text national in scope, this volume examines: Why the criminal codes originated, and the moral, religious, spiritual, and human influences that led to our present system How crimes are described in the modern criminal justice model The two essential elements necessary for criminal culpability: actus reus (the act committed or omitted) and mens rea (the mind and intent of the actor) Offenses against the body resulting in death, including murder, manslaughter, felony murder, and negligent homicide Non-terminal criminal conduct against the body, including robbery, kidnapping, false imprisonment, assault, and hate crimes Sexual assault, rape, necrophilia, incest, and child molestation Property offenses, such as larceny/theft, bribery, forgery, and embezzlement Crimes against the home, including burglary, trespassing, arson, and vandalism The book also examines controversial public morality issues such as prostitution, drug legalization, obscenity, and pornography.The final two chapters discuss inchoate offenses, where the criminal act has not been completed, and various criminal defenses, such as legal insanity, entrapment, coercion, self-defense, and mistake of fact or law.Important keywords introduce each chapter, and discussion questions and suggested readings appear at the end of each chapter, prompting lively debate and further inquiry into a fascinating subject area that continues to evolve.Updated to include the latest developments in the law, this book is appropriate for undergraduate students in criminal law and related courses.
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Patent Law, Green Technology and Innovation
In the era of modern industrial regimes, the role of technology in tackling climate change is pivotal.International goals of climate change mitigation and sustainable development cannot be achieved without the contribution of new technologies.At the same time, the importance of patent protection and an efficient patent system that facilitates technology transfer among international frontiers cannot be overlooked.Many patented technologies are either not accessible for further dissemination or do not hold much technical value.Therefore, advanced systems of collaborative innovation have been developed, especially in the sector of green technology and green innovation. The environmental concerns of the global community cannot be tackled by a single company, person, sector or country.Innovation partnerships and collaborative research will play a vital role in combating global climate concerns and in determining the diffusion of green technologies for maximum impact.This book argues that policy-makers should encourage partnerships in technology rather than focusing on gaining investment and access to green technology to encourage global technological giants to transfer their technology and knowledge to local entities.It analyzes the relationship between patent protection, green innovation and diffusion of green technology against the backdrop of climate change and severe climate crisis. Taking an interdisciplinary approach to align patent law and green technology with the Sustainable Development Goals, it examines the effects of patent protection, technology transfer and compulsory licensing on the diffusion of green technologies while offering a systematic analysis of the relationship between patent protection, green innovation and diffusion of green technology from a global perspective.
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The Ends of Harm : The Moral Foundations of Criminal Law
Every modern democratic state imprisons thousands of offenders every year, depriving them of their liberty, causing them a great deal of psychological and sometimes physical harm.Relationships are destroyed, jobs are lost, the risk of the offender being harmed by other offenders is increased and all at great expense to the state. How can this brutal and costly enterprise be justified?Traditionally, philosophers answering this question have argued either that the punishment of wrongdoers is a good in itself (retributivism), or that it is a regrettable means to a valuable end, such as the deterrence of future wrongdoing, and thus justifiable on consequentialist grounds.This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'.On this view, the permission to punish offenders is grounded in the duties that they incur in virtue of their wrongdoing.The most important duties that ground the justification of punishment are the duty to recognize that the offender has done wrong and the duty to protect others against wrongdoing.In the light of these duties the state has a permission to punish offenders to ensure that they recognize that what they have done is wrong, but also to protect others from crime. In contrast to other justifications of punishment grounded in deterrence, the duty view is developed in the light of a non-consequentialist moral theory: a theory which endorses constraints on the pursuit of the good.It is shown that it is normally wrong to harm a person as a means to pursue a greater good.However, there are exceptions to this principle in cases where the person harmed has an enforceable duty to pursue the good.The implications of this idea are explored both in the context of self-defence, and then in the context of punishment.Through the systematic exploration of the relationship between self-defence and punishment, the book makes significant progress in defending a plausible set of non-consequentialist moral principles that justify the punishment of wrongdoers, and marks a significant contribution to the philosophical literature on punishment.
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The Making of Islamic Economic Thought : Islamization, Law, and Moral Discourses
Interrogating the development and conceptual framework of economic thought in the Islamic tradition pertaining to ethical, philosophical, and theological ideas, this book provides a critique of modern Islamic economics as a hybrid economic system.From the outset, Sami Al-Daghistani is concerned with the polyvalent methodology of studying the phenomenon of Islamic economic thought as a human science in that it nurtures a complex plentitude of meanings and interpretations associated with the moral self.By studying legal scholars, theologians, and Sufis in the classical period, Al-Daghistani looks at economic thought in the context of Shari'a's moral law.Alongside critiquing modern developments of Islamic economics, he puts forward an idea for a plural epistemology of Islam's moral economy, which advocates for a multifaceted hermeneutical reading of the subject in light of a moral law, embedded in a particular cosmology of human relationality, metaphysical intelligibility, and economic subjectivity.
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What did Kant mean by the moral law within me?
Kant believed that the moral law within us is a universal and objective principle that guides our actions based on reason. He argued that this moral law is inherent in all rational beings and serves as a foundation for moral duty and ethical decision-making. According to Kant, the moral law within us is not influenced by personal desires or external factors, but rather stems from our capacity for rational thought and the recognition of our duty to act in accordance with moral principles. Ultimately, Kant viewed the moral law within us as a source of moral obligation and a guide for ethical behavior.
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What is the contradiction in the moral law of Article 2 of the Basic Law?
Article 2 of the Basic Law in Germany states that "everyone has the right to life and to inviolability of his person." However, this right is contradicted by the provision for the death penalty in certain circumstances, such as during times of war or imminent danger of war. This contradiction arises from the fact that the right to life is not absolute and can be violated in certain situations, which undermines the principle of inviolability of a person's life. This contradiction raises ethical and moral concerns about the protection of human life and the potential for abuse of power in the application of the death penalty.
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Why does the moral law take the form of the imperative for Kant?
Kant believed that the moral law takes the form of the imperative because it is a command that is universally binding on all rational beings. The imperative is necessary to guide individuals in making moral decisions based on reason rather than emotions or desires. By presenting the moral law as an imperative, Kant emphasizes the importance of duty and the idea that individuals have a moral obligation to act in a certain way, regardless of their personal inclinations.
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Is Kant's moral law suitable for justifying a general obligation to donate organs?
Kant's moral law, which is based on the principle of treating others as ends in themselves rather than as means to an end, could potentially be used to justify a general obligation to donate organs. By donating organs, individuals would be acting in a way that respects the inherent value and dignity of others by potentially saving or improving their lives. However, Kant's moral law also emphasizes the importance of individual autonomy and free will, so any obligation to donate organs would need to be balanced with respect for individuals' rights to make decisions about their own bodies. Ultimately, whether Kant's moral law is suitable for justifying a general obligation to donate organs would depend on how it is interpreted and applied in this specific context.
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Ethics, Law and Natural Hazards : The Moral Imperative for International Intervention Post-Disaster
This book argues that the international community has a moral duty to intervene on behalf of a population affected by a natural hazard when their government is either unable or unwilling to provide basic, life-saving assistance.The work draws on law, international relations theory, and political philosophy to articulate that non-response to a natural hazard is unethical.In providing policy suggestions the author articulates what should happen based on an ethical analysis.Readers will thus gain an ethical lens with which to view intervention in the aftermath of a natural hazard.The book encourages readers to consider the nuances of arguments from various disciplines about whether or not intervention is appropriate.Whilst arguing throughout that an intervention policy in response to natural hazards should be developed by the international community, the study also accounts for why intervention should only be used in very limited situations.This interdisciplinary approach makes the book essential reading for researchers, academics and policy-makers working in the areas of international law, humanitarian studies, human rights, international relations and political science.
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Moral Feelings, Moral Reality, and Moral Progress
This volume presents two closely related essays by Thomas Nagel: “Gut Feelings and Moral Knowledge” and “Moral Reality and Moral Progress.” Both essays are concerned with moral epistemology and our means of access to moral truth; both are concerned with moral realism and with the resistance to subjectivist and reductionist accounts of morality; and both are concerned with the historical development of moral knowledge.The second essay also proposes an account of the historical development of moral truth, according to which it does not share the timelessness of scientific truth.This is because moral truth must be based on reasons that are accessible to the individuals to whom they apply, and such accessibility depends on historical developments.The result is that only some advances in moral knowledge are discoveries of what has been true all along.
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Information Technology Law : The Law and Society
Information Technology Law is the ideal companion for a course of study on IT law and the ways in which it is evolving in response to rapid technological and social change.The fifth edition of this ground-breaking textbook develops its unique examination of the legal processes and their relationship to the modern 'information society'.Charting the development of the rapid digitization of society and its impact on established legal principles, Murray examines the challenges faced with enthusiasm and clarity.Following a clearly-defined part structure, the text begins by defining the information society and discussing how it may be regulated, before moving on to explore issues of internet governance, privacy and surveillance, intellectual property and rights, and commerce within the digital sphere.Comprehensive and engaging, Information Technology Law takes an original and thought-provoking approach to examining this fast-moving area of law in context. Digital formats and resourcesThe fifth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks- Additional online resources include outline answers to end of chapter questions, web links, and a flashcard glossary of key terms and concepts to help students further their understanding of the main topics.
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Information Technology Law
Information technology affects all aspects of modern life.From the information shared on social media such as Facebook, Twitter, and Instagram to online shopping and mobile devices, it is rare that a person is not touched by some form of IT every day. Information Technology Law examines the legal dimensions of these everyday interactions with technology and the impact on privacy and data protection, as well as their relationship to other areas of substantive law, including intellectual property and criminal proceedings.Focusing primarily on developments within the UK and EU, this book provides a broad-ranging introduction and analysis of the increasingly complex relationship between the law and IT. Information Technology Law is essential reading for students of IT law and also appropriate for business and management students, as well as IT and legal professionals. Digital formats and resourcesThis edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks- The online resources include a catalogue of web links to key readings and updates to the law since publication.
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How is it to be understood that Kant attributes the character of a natural law to the moral law?
Kant attributes the character of a natural law to the moral law by emphasizing its universality and necessity. He argues that the moral law is not contingent on any particular circumstances or individual desires, but rather applies to all rational beings universally. Just as natural laws govern the physical world in a necessary and universal way, the moral law governs the actions of rational beings in a similar manner. Kant's concept of the moral law as a natural law highlights its objective and binding nature, independent of individual preferences or cultural norms.
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Is Germany a state based on the rule of law or on moral principles?
Germany is a state based on the rule of law. The country's legal system is founded on the principles of the rule of law, which means that laws are applied equally to all citizens and are designed to protect individual rights and freedoms. While moral principles may influence the development of laws and policies in Germany, the legal system is ultimately based on the rule of law, ensuring that decisions are made based on legal principles and procedures rather than subjective moral judgments.
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Can you provide examples of non-moral value judgments, moral value judgments, and moral obligation judgments?
Non-moral value judgments are statements about the worth or desirability of something that do not involve moral considerations, such as "I prefer chocolate ice cream over vanilla" or "I like the color blue more than red." Moral value judgments, on the other hand, involve moral considerations and are statements about what is right or wrong, good or bad, such as "It is wrong to steal" or "Helping others is a good thing to do." Moral obligation judgments are statements about what one ought to do based on moral considerations, such as "I should tell the truth" or "I have a duty to help those in need."
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What are moral concepts?
Moral concepts are principles or beliefs that guide individuals or societies in determining what is right or wrong, good or bad, and just or unjust. These concepts are often shaped by cultural, religious, and philosophical influences and are used to make ethical decisions and judgments. Moral concepts can include ideas such as honesty, fairness, compassion, and respect for others, and they play a crucial role in shaping individual behavior and societal norms. Ultimately, moral concepts help to define and uphold the ethical standards that govern human interactions and relationships.
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