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Vol 21 No 11 Nov/Dec 2016

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Sympathy and Antipathy: Essays Legal and Philosophical

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James Plunkett AllanUniversity of Otago, New Zealand

ISBN13: 9780754622895
ISBN: 0754622894
Published: August 2002
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print



The search for a moral standard of right and wrong which is external to any particular evaluator, and so escapes subjectivity, has a long history. Jeremy Bentham, in trying to find such a standard, opted for utilitarianism, which at least provides an inter-subjective standard of right and wrong. Everything else, thought Bentham, however dressed up, collapses into the purely subjective principle of sympathy and antipathy - ""I like it"" or ""I don't like it"". The essays in this book seek to show this principle of sympathy and antipathy continues to be alive and well in legal philosophy. This is the central theme of the book and the author uses it throughout to illuminate a host of questions ranging from the worth of constitutional rights to the merits of scepticism to the acceptability of spanking.

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Contents:
Scepticism: Internal and engaged or external and detached?; Positively fabulous - why it is good to be a legal positivist; Truth's empire - a reply to Ronald Dworkin's ""objectivity and truth - you'd better believe it""; To exclude or not to exclude improperly obtained evidence; Is the right road wholly lost and gone?; Taking spanking seriously. Constitutional Rights: Rights, paternalism, constitutions and judges; Bills of rights and judicial power - a liberal's quandary; Constitutional interpretation versus statutory interpretation - understanding the attractions of ""original intent""; Liberalism, democracy and Hong Kong; Why business learns to love bills of rights. Dialogues: A tale of two scepticism's or relying on what comes naturally or the problem with deriving an epistemology from literary theory; Lon Fuller's ""The Case of the Speluncean Explorers""; A post-speluncean dialogue; a centenary path of the law.