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Vol 21 No 10 Oct/Nov 2016

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Morality, Harm, and the Law

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ISBN13: 9780813387116
ISBN: 0813387116
Published: July 1996
Publisher: The Perseus Books Group
Format: Paperback
Price: Out of print



Some of the most difficult and wrenching social and political issues in U.S. society today are about the relationship between strongly held moral values and the laws of the land. There is no consensus about whether the law should deal with morality at all, and if it is to do so, there is no agreement over whose morality is to be reflected in the law.In this compact and carefully edited anthology, Gerald Dworkin presents the readings necessary for an understanding of these issues. The volume contains classical and contemporary philosophical statements as well as a generous sampling of legal cases and opinions, including such topics of current interest as flag-burning, nude dancing, the sale of human organs, and sexual behavior. The volume represents the best in applied legal and moral philosophy. Some of the most difficult and wrenching social and political issues in U.S. society today are about the relationship between strongly held moral values and the laws of the land. There is no consensus about whether the law should deal with morality at all, and if it is to do so, there is no agreement over whose morality is to be reflected in the law.In this compact and carefully edited anth;The volume contains classical and contemporary philosophical statements as well as a generous sampling of legal cases and opinions, including such topics of current interest as flag-burning, nude dancing, the sale of human organs, and sexual behavior. The volume represents the best in applied legal and moral philosophy.

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Contents:
Introduction; (Gerald Dworkin.); Principles; Classical Theories.; On Liberty; (John Stuart Mill.); The Doctrine of Liberty in Its Application to Morals; (James Fitzjames Stephen.); Community and Rights.; Liberal Community; (Ronald Dworkin.); Rights and Equality of Concern and Respect; (John Finnis.); Liberalism: Objections and Defenses.; Pornography, Obscenity, and the Case for Censorship; (Irving Kristol.); Harmless Wrongdoing; (Joel Feinberg.); Impartiality and Standing.; Moral Conflict and Political Legitimacy; (Thomas Nagel.); Public FacesPrivate Places: Liberalism and the Enforcement of Morality; (Gerald J. Postema.); Applications; Homosexuality.; Bowers v .; Hardwick .; Commonwealth of Kentucky v .; Jeffrey; Wasson; Moral Argument and Liberal Toleration: Abortion and Homosexuality; (Michael J. Sandel.); Men Only; (John Garvey.); Good Samaritan Laws.; Vermont Good Samaritan Statute; Duty to Rescue; (Ernest J. Weinrib.); Commodification.; United States Public Health Code. Market-Inalienability; (Margaret Jane Radin.); Markets and Morals: The Case for Organ Sales; (Gerald Dworkin.); Blackmail.; People v .; Fichtner; Unconstitutional Conditions; (Kathleen Sullivan.); Community Standards.; Paris Adult Theatre I v .; Slayton .; Barnes v .; Glen Theatre .; Texas v .; Johnson; Ordinance No.
87-71, City of Hialeah. New York State Alcoholic Beverage Control Law. Democratic Community; (Robert C. Post.).