Conscience and Conviction
Title | Conscience and Conviction PDF eBook |
Author | Kimberley Brownlee |
Publisher | OUP Oxford |
Pages | 280 |
Release | 2012-10-18 |
Genre | Law |
ISBN | 0191645923 |
The book shows that civil disobedience is generally more defensible than private conscientious objection. Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness (CPC). According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing. The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience. Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.
Conscience and Conviction
Title | Conscience and Conviction PDF eBook |
Author | Kimberley Brownlee |
Publisher | Oxford University Press, USA |
Pages | 0 |
Release | 2015-10-08 |
Genre | Law |
ISBN | 9780198759461 |
Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigor and originality. It sets the standard in contemporary jurisprudence. This book shows that civil disobedience is generally more defensible than private conscientious objection. Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness (CPC). According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing. The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honors the best of our moral responsibilities and is protected by a duty-based moral right of conscience. Part II translates the conviction argument and conscience argument into two legal defenses. The first is a demands-of-conviction defense. The second is a necessity defense. Both of these defenses apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished.
The Uneasy Conscience of Modern Fundamentalism
Title | The Uneasy Conscience of Modern Fundamentalism PDF eBook |
Author | Carl F. H. Henry |
Publisher | Wm. B. Eerdmans Publishing |
Pages | 116 |
Release | 2003-08-29 |
Genre | Religion |
ISBN | 146742398X |
Originally published in 1947, The Uneasy Conscience of Modern Fundamentalism has since served as the manifesto of evangelical Christians serious about bringing the fundamentals of the Christian faith to bear in contemporary culture. In this classic book Carl F. H. Henry, the father of modern fundamentalism, pioneered a path for active Christian engagement with the world -- a path as relevant today as when it was first staked out. Now available again and featuring a new foreword by Richard J. Mouw, The Uneasy Conscience of Modern Fundamentalism offers a bracing world-and-life view that calls for boldness on the part of the evangelical community. Henry argues that a reformation is imperative within the ranks of conservative Christianity, one that will result in an ecumenical passion for souls and in the power to meaningfully address the social and intellectual needs of the world.
Christianity and the Laws of Conscience
Title | Christianity and the Laws of Conscience PDF eBook |
Author | Jeffrey B. Hammond |
Publisher | Cambridge University Press |
Pages | 471 |
Release | 2021-06-24 |
Genre | Law |
ISBN | 1108835384 |
This book explores the Christian theological, legal, constitutional, historical, and philosophical meanings of conscience for both scholarly and educated general audiences.
Conscience
Title | Conscience PDF eBook |
Author | Andrew David Naselli |
Publisher | Crossway |
Pages | 149 |
Release | 2016-04-14 |
Genre | Religion |
ISBN | 1433550776 |
There is an increasing number of divisive issues in our world today, all of which require great discernment. Thankfully, God has given each of us a conscience to align our wills with his and help us make wise decisions. Examining all thirty New Testament passages that touch on the conscience, Andrew Naselli and J. D. Crowley help readers get to know their consciences—a largely neglected topic—and engage with other Christians who hold different convictions. Offering guiding principles and answering critical questions about how the conscience works and how to care for it, this book shows how the conscience impacts our approach to church unity, ministry, and more.
Ethics of Conviction and Civic Responsibility
Title | Ethics of Conviction and Civic Responsibility PDF eBook |
Author | Yuichi Moroi |
Publisher | University Press of America |
Pages | 188 |
Release | 2008 |
Genre | History |
ISBN | 9780761840794 |
"This book examines the challenges posed by conscientious objectors during World Wars by focusing on two main themes: ethic of conviction and ethic of civic responsibility. In this groundbreaking study, author Yuichi Moroi asks: How did conscientious objectors express their conviction in the case of the state's imperative for war? On what basis could conscientious objectors define their civic responsibility and act upon it?"--BOOK JACKET.
Conscience and Love in Making Judicial Decisions
Title | Conscience and Love in Making Judicial Decisions PDF eBook |
Author | Alexander Nikolaevich Shytov |
Publisher | Springer Science & Business Media |
Pages | 377 |
Release | 2013-03-14 |
Genre | Philosophy |
ISBN | 9401597456 |
THE CONSCIENCE OF JUDGES AND APPLICA nON OF LEGAL RULES The book is devoted to the problem of the influence of moral judgements on the result of judicial decision-making in the process of application of the established (positive) law. It is the conscience of judges that takes the central place in the research. Conscience is understood in the meaning developed in the theory of Thomas Aquinas as the complex capacity of the human being to make moral judgements which represent acts of reason on the question of what is right or wrong in a particular situation. The reason why we need a theory of conscience in making judicial decisions lies in the nature of the positive law itself. On the one hand, there is an intrinsic conflict between the law as the body of rigid rules and the law as an living experience of those who are involved in social relationships. This conflict particularly finds its expression in the collision of strict justice and equity. The idea of equity does not reject the importance of rules in legal life. What is rejected is an idolatrous attitude to the rules when the uniqueness of a human being, his well being and happiness are disregarded and sacrificed in order to fulfil the observance of the rules. The rules themselves are neither good or bad. What makes them good or bad is their application.