Ethics and the Rule of Law

Description

An introduction to the philosophy of law, which offers a modern and critical appraisal of all the main issues and problems. This has become a very active area in the last ten years, and one on which philosophers, legal practitioners and theorists and social scientists have tended to converge. The more abstract questions about the nature of law and its relationship to social norms and moral standards are now seen to be directly relevant to more practical and indeed pressing questions about the justification of punishment, civil disobedience, the enforcement of morality, and problems about justice, rights, welfare, and freedom. David Lyons is a shrewd, clear and systematic guide through this tangled area. The book presupposes no formal training in law or philosophy and is intended to serve as a textbook in a range of introductory courses. Copyright Contents Preface Introduction 1 Moral judgment and the law Law and moral standards Ethical nihilism Social relativism Individualistic relativism The justification of moral judgments 2 Law as social fact Law as imperative Law as coercive The Austinian sovereign Law as the union of primary and secondary rules 3 Morality in law The separation of law and morals Legal and moral obligation The inner morality of law The standard of strict adherence The moral resolution of hard cases The justification of judicial decisions The moral neutrality of law 4 Welfare, justice, and distribution The plausibility of utilitarianism Welfare and other values Rights and obligations Principles of justice Justice as fairness 5 Legal coercion and moral principle Punishment as retribution Punishment as useful Nonutilitarian principles 6 Liberty and law The problem of paternalism The enforcement of morality Public morality and speech 7 The rule of law Process values and institutional structures Obedience to law Notes 1 Moral judgment and the law 2 Law as social fact 3 Morality in law 4 Welfare, justice, and distribution 5 Legal coercion and moral principle 6 Liberty and law 7 The rule of law Bibliography Index