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Moral Conflict and Legal Reasoning : European Academy of Legal Theory Series - Scott Veitch

Moral Conflict and Legal Reasoning

European Academy of Legal Theory Series

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Workplace privacy is not simply a theoretical legal issue but is a matter of basic human dignity. Employers in a number of countries reportedly, and, it appears, in increasing numbers, are deploying "human resource policies" which may or may not be illegal. In many cases they are not, at present unlawful, though they may reflect dubious management practices. These policies include drug testing of employees, surveillance of staff and their communications, attempts to censor the freedom of speech of employees, psychometric or personality testing, and requirements to provide intimate health information irrelevant to work in order to obtain employment or promotion. This book, the first on the subject in any jurisdiction, examines in a rigorous and open-minded fashion, the emergence of these policies in the modern employment context and the gradually developing legal response. Adopting a human rights perspective, the author demonstrates that several legal systems are now transposing human rights law from the public sphere into the employment relationship in order to protect the individual rights of job candidates and employees. The book deals with the law as it presently stands in the UK, France, the USA and Canada and includes a careful analysis of the potential impact of the Human Rights Act 1999.

Informative, scholarly, provocative, and a delight to read. Tom Campbell University of Toronto Law Journal September 2002 ...very good indeed. It is thought-provoking and well worth buying for your, or your institutions, library. James Allan Journal of Law and Society February 2003

Acknowledgementsp. v
Introductionp. 1
The Dark Ages of Liberalismp. 11
The Rejection of Teleologyp. 15
An Enlightened Alternativep. 21
The Emotivist Selfp. 26
The Emotivist Compromisep. 30
Initial Problems with the Emotivist Selfp. 40
The Politics of the Emotivist Compromisep. 49
A Four-Level Analysisp. 49
Conclusionp. 63
A Liberal Responsep. 67
Berlin's Liberalismp. 69
Conflictp. 70
Rationalityp. 74
Values, Commitment and Identityp. 82
Authority and Expertisep. 95
Law and Politicsp. 104
A Dualityp. 104
Challenging Liberalismp. 107
Trade-offsp. 111
Questioning Authorityp. 116
Conclusionp. 119
Liberalism and Law: MacIntyre and Berlinp. 123
On Liberal Legalismp. 137
"Law's Images of Society"p. 141
Communityp. 142
Imperiump. 145
Some Preliminary Issuesp. 149
Whose Community?p. 149
Contested Rationalitiesp. 157
Law, Conflict, and Consensusp. 165
Deeper Concernsp. 165
A Note on Decisionsp. 165
Reasonable Men and Persons in Lawp. 171
Legal Conflictp. 182
Law and "Other" Problemsp. 188
The Problemsp. 190
Perspectives on Lawp. 197
Conclusionp. 203
Bibliographyp. 209
Indexp. 217
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9781841131085
ISBN-10: 1841131083
Series: European Academy of Legal Theory Series
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 224
Published: 1st December 1999
Country of Publication: GB
Dimensions (cm): 21.59 x 13.97  x 1.91
Weight (kg): 0.39
Edition Number: 1