Conflicts of law and morality / Kent Greenawalt.

Format:

Book

Author/Creator:

Greenawalt, Kent, 1936-2023.

Series:

Clarendon law series.

Clarendon law series

Language:

English

Subjects (All):

Law--Philosophy.

Law.

Law and ethics.

Physical Description:

1 online resource (396 pages)

Edition:

1st ed.

Place of Publication:

New York : Oxford University Press, [1989]

Language Note:

English

Summary:

Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws.

Contents:

Intro

Contents

I. THE CONFLICTING CLAIMS OF LAW AND MORALITY

1. Introduction

2. The Claims of Law

3. Moral Claims and Moral Appraisal

II. MORAL REASONS TO OBEY THE LAW

4. Legitimate Authority and the Duty to Obey

5. Promissory Obligation: The Theme of Social Contract

6. Utilitarianism: Consequential Reasons for Obedience

7. Fair Play

8. A Natural Duty to Obey: Benefit, Need, and Duty

III. THE LIMITS OF JUSTIFIABLE DISOBEDIENCE

9. Resolutions Among Competing Moral Grounds: The Absence of Clear Priorities

10. Nonviolent Disobedience: Reasons, Tactics, Justification

11. Violent Disobedience

IV. INSTITUTIONS OF AMELIORATION

12. Responses Within the Law to Moral Claims to Disobey

13. General Justification-Necessity

14. Conscientious Objection and Constitutional Interpretation

15. Techniques of Amelioration in the Criminal Process: Nonprosecution, Nullification, Sentencing, and Pardon

Index

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

R

S

T

U

V

W

Z.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references and index.

ISBN:

1-280-52388-3

0-19-802116-X

1-4237-6386-6

OCLC:

228169349