Legal Theory Systems

Download Moral Combat: The Dilemma of Legal Perspectivalism by Heidi Hurd PDF

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By Heidi Hurd

This publication explores the thesis that criminal roles strength humans to have interaction in ethical strive against, an concept that's implicit within the assumption that electorate might be morally required to disobey unjust legislation, whereas judges could be morally required to punish electorate for civil disobedience. Heidi Hurd advances the impressive argument that the legislation can't require us to do what morality forbids. ethical wrestle is a worldly, well-conceived and thoroughly argued e-book on a vital and debatable subject on the junction among criminal and political philosophy. it is going to be of curiosity to ethical, felony, and political philosophers, in addition to lecturers and scholars ethics in legislation.

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Extra resources for Moral Combat: The Dilemma of Legal Perspectivalism

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What we now need to see is how the fact that the sequences of successive rational integration of new commitments with previous ones exhibits this historical structure of reciprocal recognition makes sense also of a dimension of symmetric authority over and responsibility 34 Robert B. Brandom to determinate conceptual contents for both specific recognitive attitudes of attributing and acknowledging commitments and the normative statuses those attitudes institute. One of Hegel’s key ideas, as I read him, is that in order to understand how the historical process of applying determinately contentful concepts to undertake discursive commitments (taking responsibility for those commitments by rationally integrating them with others one has already undertaken) can also be the process of determining the contents of those concepts, we need a new notion of determinateness.

But it is dispositive nonetheless. But most legal reasoning—like most medical or financial reasoning—is probative rather than dispositive. This need not mean that it has the right shape to be properly understood in terms of the weights of various evidential considerations. Rather it means that almost all the reasons considered are defeasible. The fact that p might provide very good reason for the conclusion A Hegelian Model of Legal Concept Determination 21 that q. It need not follow that if in addition r is true, then p&r provides a good reason to conclude that q.

Each runs afoul of considerations already put in place earlier in the argument. The first considers the possibility of privileging some projectable respects of similarity of actual applications (hence some ways of “going on in the same way”) by explicitly saying which are to be projected. This possibility might be thought to be particularly promising in the special case of legal concepts, since judges often accompany their decisions as to whether legal concepts do or do not apply to particular sets of facts presented by actual cases with explicit rationales.

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