Sentiment, Reason, and Law
Title | Sentiment, Reason, and Law PDF eBook |
Author | Jeffrey T. Martin |
Publisher | Cornell University Press |
Pages | 186 |
Release | 2019-10-15 |
Genre | Social Science |
ISBN | 1501740067 |
What if the job of police was to cultivate the political will of a community to live with itself (rather than enforce law, keep order, or fight crime)? In Sentiment, Reason, and Law, Jeffrey T. Martin describes a world where that is the case. The Republic of China on Taiwan spent nearly four decades as a single-party state under dictatorial rule (1949–1987) before transitioning to liberal democracy. Here, Martin describes the social life of a neighborhood police station during the first rotation in executive power following the democratic transition. He shows an apparent paradox of how a strong democratic order was built on a foundation of weak police powers, and demonstrates how that was made possible by the continuity of an illiberal idea of policing. His conclusion from this paradox is that the purpose of the police was to cultivate the political will of the community rather than enforce laws and keep order. As Sentiment, Reason, and Law shows, the police force in Taiwan exists as an "anthropological fact," bringing an order of reality that is always, simultaneously and inseparably, meaningful and material. Martin unveils the power of this fact, demonstrating how the politics of sentiment that took shape under autocratic rule continued to operate in everyday policing in the early phase of the democratic transformation, even as a more democratic mode of public reason and the ultimate power of legal right were becoming more significant.
Law, Reason, and Emotion
Title | Law, Reason, and Emotion PDF eBook |
Author | M. N. S. Sellers |
Publisher | Cambridge University Press |
Pages | 257 |
Release | 2017-12-28 |
Genre | Law |
ISBN | 1108420761 |
What place do reason and emotion have in justice and the law? This thought-provoking text brings together leading lawyers and legal philosophers to argue that law gains legitimacy and effectiveness when reason recognizes and embraces human emotions for the benefit of society as a whole.
The Theory of Moral Sentiments
Title | The Theory of Moral Sentiments PDF eBook |
Author | Adam Smith (économiste) |
Publisher | |
Pages | 636 |
Release | 1812 |
Genre | |
ISBN |
Civil Passions
Title | Civil Passions PDF eBook |
Author | Sharon R. Krause |
Publisher | Princeton University Press |
Pages | 275 |
Release | 2013-12-08 |
Genre | Philosophy |
ISBN | 0691162247 |
In this book Sharon Krause argues that moral and political deliberation must incorporate passions, even as she insists on the value of impartiality. Her work provides a systematic account of how passions can generate an impartial standpoint that yields binding and compelling conclusions in politics.
Law and Sentiment in International Politics
Title | Law and Sentiment in International Politics PDF eBook |
Author | David Traven |
Publisher | Cambridge University Press |
Pages | 327 |
Release | 2021-07-01 |
Genre | Political Science |
ISBN | 1108957439 |
Drawing on recent research in moral psychology and neuroscience, this book argues that universal moral beliefs and emotions shaped the evolution of the laws of war, and in particular laws that protect civilians. It argues that civilian protection norms are not just a figment of the modern West, but that these norms were embryonic in earlier societies and civilizations, including Ancient China, early Islam, and medieval Europe. However, despite their ubiquity, this book argues that civilian protection rules are inherently fragile, and that their fragility lies not just in failures of compliance, but also in how moral emotions shaped the design of the law. The same beliefs and emotions that lead people to judge that it is wrong to intentionally target civilians can paradoxically constitute the basis for excusing states for incidental civilian casualties, or collateral damage. To make the laws of war work better for civilians, this book argues that we need to change how we think about the ethics of killing in war.
Reason and Sentiment
Title | Reason and Sentiment PDF eBook |
Author | Paul Dubois |
Publisher | Forgotten Books |
Pages | 92 |
Release | 2017-12-26 |
Genre | Psychology |
ISBN | 9780484891219 |
Excerpt from Reason and Sentiment: An Address Delivered in the Aula of the University of Berne, March 3, 1910 What are the springs that cause us to act, which determine our action? They are the sentiments and nothing but the sentiments. Whatever we may do, we always act under the domin ion Of a sentiment, good or bad, strong or weak, durable or fleeting. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Practical Reason in Law and Morality
Title | Practical Reason in Law and Morality PDF eBook |
Author | Neil MacCormick |
Publisher | Oxford University Press |
Pages | 240 |
Release | 2011-04-28 |
Genre | Law |
ISBN | 0191622001 |
The concept of practical reason is central to contemporary thought on ethics and the philosophy of law - acting well means acting for good reasons. Explaining this requires several stages. How do reasons relate to actions at all, as incentives and in explanations? What are values, how do they relate to human nature, and how do they enter practical reasoning? How do the concepts of 'right and wrong' fit in, and in what way do they involve questions of mutual trust among human beings? How does our moral freedom - our freedom to form our own moral commitments - relate to our responsibilities to each other? How is this final question transposed into law and legal commitments? This book explores these questions, vital to understanding the nature of law and morality. It presents a clear account of practical reason, valuable to students of moral philosophy and jurisprudence at undergraduate or postgraduate levels. For more advanced scholars it also offers a reinterpretation of Kant's views on moral autonomy and Smith's on self-command, marrying Smith's 'moral sentiments' to Kant's 'categorical imperative' in a novel way. The book concludes and underpins the author's Law, State and Practical Reason series. Taken together the books offer an overarching theory of the nature of law and legal reason, the role of the State, and the nature of moral reason and judgement.