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Conflicts of Law and Morality : Clarendon Law Series - Kent Greenawalt

Conflicts of Law and Morality

Clarendon Law Series

Paperback

Published: 4th May 1989
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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.

"His rich analysis lays out a wide spectrum of cases and choices with great sensitivity to the texture of moral conflict....One of the glories of the book is the cornucopia of cases, clear hypotheticals, and variations on them with which he deals."--Ethics "[A] large and comprehensive work. No facet of the conflicts between law and morality is left unexamined...Numerous excellent works by other authors exist on the subjects of this book's individual chapters, but I know of no book that is as good a guide to the whole area."--Michigan Law Review "A rich survey of the many issues that can arise when the positive law and morality provide conflicting guidance to citizens and officials."--Canadian Philosophical Review "[An] informative and original book....Greenawalt's achievement in his use and variety of illustrations is singularly impressive and illuminating."--University of Toronto Law Journal "His rich analysis lays out a wide spectrum of cases and choices with great sensitivity to the texture of moral conflict....One of the glories of the book is the cornucopia of cases, clear hypotheticals, and variations on them with which he deals."--Ethics "[A] large and comprehensive work. No facet of the conflicts between law and morality is left unexamined...Numerous excellent works by other authors exist on the subjects of this book's individual chapters, but I know of no book that is as good a guide to the whole area."--Michigan Law Review "A rich survey of the many issues that can arise when the positive law and morality provide conflicting guidance to citizens and officials."--Canadian Philosophical Review "[An] informative and original book....Greenawalt's achievement in his use and variety of illustrations is singularly impressive and illuminating."--University of Toronto Law Journal

The Conflicting Claims of Law and Morality
Introductionp. 3
The Claims of Lawp. 6
Moral Claims and Moral Appraisalp. 25
Moral Reasons to Obey the Law
Legitimate Authority and the Duty to Obeyp. 47
Promissory Obligation: The Theme of Social Contractp. 62
Utilitarianism: Consequential Reasons for Obediencep. 94
Fair Playp. 121
A Natural Duty to Obey: Benefit, Need, and Dutyp. 159
The Limits of Justifiable Disobedience
Resolutions Among Competing Moral Grounds: The Absence of Clear Prioritiesp. 207
Nonviolent Disobedience: Reasons, Tactics, Justificationp. 226
Violent Disobediencep. 244
Institutions of Amelioration
Responses Within the Law to Moral Claims to Disobeyp. 271
General Justification--Necessityp. 286
Conscientious Objection and Constitutional Interpretationp. 311
Techniques of Amelioration in the Criminal Process: Nonprosecution, Nullification, Sentencing, and Pardonp. 348
Indexp. 377
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780195058246
ISBN-10: 0195058240
Series: Clarendon Law Series
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 400
Published: 4th May 1989
Publisher: Oxford University Press Inc
Country of Publication: US
Dimensions (cm): 20.96 x 13.82  x 2.44
Weight (kg): 0.53