Showing results for "dr mark mcbride"

This book advances a novel theory of rights – of the directionality of duties – namely, the tracking theory.In debates over rights, two perennial theories have dominated: the interest theory and the will theory. At a very broad-brush level, the interest theory sees rights as having the function of protecting the interests of the right-holder, in some specified way, while the will theory locates that function in giving control over the correlative duty to the right-...

This original collection of jurisprudential essays furthers our understanding of the nature of rights. In Part 1, Halpin considers the value of Hohfeldian neutrality when theorising about law in general, and legal rights in particular, and Kurki focuses on Hohfeld's operative notion of power. In Part 2, Kramer rebuts Wenar's objections to his Interest Theory of rights, and May provides a comparative defence of the Interest Theory against Wenar's Kind-Desire theory of claim-rights. Penner t...

This is the first book to bring together distinguished jurisprudential theorists, as well as up-and-coming scholars, to critically assess the nature of legal reasoning.The volume is divided into 3 parts:The first part, General Jurisprudence and Legal Reasoning, addresses issues at the intersection of general jurisprudence - those pertaining to the nature of law itself - and legal reasoning.The second part, Rules and Reasons, addresses two concepts central to two pro...

Moral Theory: An Introduction explores some of the historically most important and currently debated moral theories about the nature of the right and the good, including divine command theory, relativism, natural law theory, consequentialism, egoism, Kant’s ethics, ethics of prima facie duties, contractualism, virtue ethics and care ethics. Providing an introduction to moral theory that explains and critically examines the theories of such classical philosophers as Aristotle, Aqui...

This collection of essays takes as its starting point Arthur Ripstein's Force and Freedom: Kant's Legal and Political Philosophy, a seminal work on Kant's thinking about law, which also treats many of the contemporary issues of legal and political philosophy. The essays offer readings and elucidations of Ripstein's thought, dispute some of his claims and extend some of his themes within broader philosophical contexts, thus developing the significance of Ripstein's ideas for contem...

This book challenges, with several powerful arguments, some of our deepest beliefs about rationality, morality, and personal identity. The author claims that we have a false view of our own nature; that it is often rational to act against our own best interests; that most of us have moral views that are directly self-defeating; and that, when we consider future generations the conclusions will often be disturbing. He concludes that moral non-religious moral philosophy is a young subject, w...

In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law--an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Is the normative content of a law entirely determined by the facts that make it a law? Are there some normative moral constraints on what the law can be? An...

An insight into moral skepticism of the 20th century. The author argues that our every-day moral codes are an 'error theory' based on the presumption of moral facts which, he persuasively argues, don't exist. His refutation of such facts is based on their metaphysical 'queerness' and the observation of cultural relativity.

On What Matters is a major work in moral philosophy. It is the long-awaited follow-up to Derek Parfit's 1984 book Reasons and Persons, one of the landmarks of twentieth-century philosophy. In this first volume Parfit presents a powerful new treatment of reasons and rationality, and a critical examination of three systematic moral theories -- Kant's ethics, contractualism, and consequentialism -- leading to his own ground-breaking synthetic conclusion. Along the way he dis...

The second edition of Ethical Theory: An Anthology features a comprehensive collection of more than 80 essays from classic and contemporary philosophers that address questions at the heart of moral philosophy.Brings together 82 classic and contemporary pieces by renowned philosophers, from seminal works by Hume and Kant to contemporary views by Derek Parfit, Susan Wolf, Judith Jarvis Thomson, and many moreFeatures updates and the inclusion of a new section ...

In this book Joseph Raz develops his views on some of the central questions in practical philosophy: legal, political, and moral. The book provides an overview of Raz's work on jurisprudence and the nature of law in the context of broader questions in the philosophy of practical reason. The book opens with a discussion of methodological issues, focusing on understanding the nature of jurisprudence. It asks how the nature of law can be explained, and how the success of a legal theory can be...

On What Matters is a major work in moral philosophy. It is the long-awaited follow-up to Derek Parfit's 1984 book Reasons and Persons, one of the landmarks of twentieth-century philosophy. Parfit now presents a powerful new treatment of reasons, rationality, and normativity, and a critical examination of three systematic moral theories - Kant's ethics, contractualism, and consequentialism - leading to his own ground-breaking synthetic conclusion. Along the way he discusse...