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May 27, 2001 · Law is not the only normative domain in our culture; morality, religion, social conventions, etiquette, and so on, also guide human conduct in many ways which are similar to law.
- Legal Rights
Legal rights also exhibit features absent or more muted in...
- Law: and Language
Just as it is possible to make law by the use of language,...
- Natural Law Theories
“Lex iniusta non est lex” has the same logic; it...
- Naturalism in Legal Philosophy
1. Varieties of Naturalism: Methodological and Substantive....
- Feminist Philosophy of Law
Despite all these differences of focus, emphasis, or...
- Hobbes, Thomas: Moral and Political Philosophy
1. Major Political Writings. Hobbes wrote several versions...
- Political Obligation
1. Political Obligation in Historical Perspective. The...
- Legal Rights
normative ethics, that branch of moral philosophy, or ethics, concerned with criteria of what is morally right and wrong. It includes the formulation of moral rules that have direct implications for what human actions, institutions, and ways of life should be like.
- The Editors of Encyclopaedia Britannica
- Consequentialism
- Deontology and Theories of Rights
- Deontology and Contract Theories
- Deliberative Theories of Justice
- Virtue Ethics
- Further Classification of Ethical Theories
Classical consequentialism assumes that an action, just like law, is morally correct if it pursues or achieves the best possible consequences. Thus, it is first determined which consequences are desirable and which are undesirable. In a second step, actions are evaluated according to whether they cause as many good consequences as possible and avoi...
Unlike consequentialism, deontological theories do not (directly) address the consequences of an action. Instead, they ask what rights and corresponding duties should guide actions. Thus, if an action violates an ethical norm, i.e., it is in breach of a duty to a rights holder, it cannot be justified by good consequences. Deontology aims at clarify...
In the ethics of law and in political ethics, many deontological theories are based on a thought experiment: which rights and duties should the members of a community agree upon in a suitable original position? They thus do not deviate from deontology per se but offer a specific (hypothetical) procedure by which it is possible to recognize and argu...
One reason for a contractarian argumentation is that this method allows to avoid strong moral assumptions because it derives them from a description of a rather uncontroversial starting situation. Deliberative theories go one step further and try to replace material ethical guidelines even more by an explanation of the correct procedural intersubje...
Finally, in general ethics, one distinguishes, in addition to consequentialism, deontology, and deliberative theories, the virtue ethics. It does not ask how we should act, but how we should be as persons. The classical virtue theory is Aristotle’s ethics (2009b). In modern ethics of law, especially civic republican and communitarian theories have ...
The differentiation of the groups as presented is primarily a methodological one. Just as types of theories can be distinguished with regard to this abstract methodological level, so they can be distinguished with regard to the substantial demands that arise from them. The best-known classification of theories according to the various substantive d...
Nonconsequentialism is a type of normative ethical theory that denies that the rightness or wrongness of our conduct is determined solely by the goodness or badness of the consequences of our acts or of the rules to which those acts conform. It does not deny that consequences can be a factor in determining the rightness of an act.
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Sep 23, 2002 · The Natural Law Tradition in Ethics. First published Mon Sep 23, 2002; substantive revision Sun May 26, 2019. ‘Natural law theory’ is a label that has been applied to theories of ethics, theories of politics, theories of civil law, and theories of religious morality.
He proposes that we analyse the concept in terms of reasons for action, that such reasons must be something more than prudential reasons, that the proper question is whether law gives us reasons for actions of the relevant type that we would not have without law, and that Hume’s law makes this task difficult for legal positivists.
Mar 10, 2017 · When the Court expands individual rights — by either establishing a new right or broadening an existing one — nonconsequentialism is an apt approach given several of the Court’s institutional features.
