Conflicts of Law and Morality

By: Kent Greenawalt

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Paperback | 4 May 1989

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396 Pages

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21.2 x 13.7 x 2.4

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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, a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash, views these oblique circumstances from two perspectives: that of the person who faces a possible conflict between the claims of morality and law and must choose whether or not to obey the penal code; and that of the people who make and uphold laws and must decide whether to treat someone with a moral claim to disobey differently from ordinary lawbreakers. 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. He also discusses techniques of amelioration of punishment for conscientious lawbreakers, asking how far legal systems should go to accommodate
individuals who break the law for reason of conscience. Drawing from numerous examples of conflicts between law and morality, Greeawalt illustrates in detail the positions and predicaments of potential lawbreakers and lawmakers alike.

Industry Reviews

`...informative and original book... ' University of Toronto Law Journal-Winter 1989

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Non-Fiction Law Jurisprudence & General Issues Systems of Law Philosophy Ethics & Moral Philosophy Jurisprudence & Philosophy of Law

The Conflicting Claims of Law and Morality
Introduction	p. 3
The Claims of Law	p. 6
Moral Claims and Moral Appraisal	p. 25
Moral Reasons to Obey the Law
Legitimate Authority and the Duty to Obey	p. 47
Promissory Obligation: The Theme of Social Contract	p. 62
Utilitarianism: Consequential Reasons for Obedience	p. 94
Fair Play	p. 121
A Natural Duty to Obey: Benefit, Need, and Duty	p. 159
The Limits of Justifiable Disobedience
Resolutions Among Competing Moral Grounds: The Absence of Clear Priorities	p. 207
Nonviolent Disobedience: Reasons, Tactics, Justification	p. 226
Violent Disobedience	p. 244
Institutions of Amelioration
Responses Within the Law to Moral Claims to Disobey	p. 271
General Justification--Necessity	p. 286
Conscientious Objection and Constitutional Interpretation	p. 311
Techniques of Amelioration in the Criminal Process: Nonprosecution, Nullification, Sentencing, and Pardon	p. 348
Index	p. 377
Table of Contents provided by Syndetics. All Rights Reserved.

Conflicts of Law and Morality

At a Glance

Paperback

Industry Reviews

Shipping

How to return your order

Defective items

You Can Find This Book In

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