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The Confluence of Philosophy and Law in Applied Ethics

The Confluence of Philosophy and Law in Applied Ethics

  • Author:
  • Publisher: Palgrave Macmillan
  • ISBN: 9781137557339
  • Published In: May 2016
  • Format: Hardback
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only
HKD 1,039.87
Delivery Time: around 4-5 weeks
Extra 2-10 working days if shipping address outside Hong Kong
Free delivery Hong Kong?
Hong Kong: free delivery (order over HKD 1000)
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  • Description 
  • Contents 

Details

The law serves a function that is not often taken seriously enough by ethicists, namely practicability. A consequence of practicability is that law requires elaborated and explicit methodologies that determine how to do things with norms.

This consequence forms the core idea behind this book, which employs methods from legal theory to inform and examine debates on methodology in applied ethics, particularly bioethics.

It is argued that almost all legal methods have counterparts in applied ethics, which indicates that much can be gained from comparative study of the two. The author first outlines methods as used in legal theory, focusing on deductive reasoning with statutes as well as analogical reasoning with precedent cases.

He then examines three representative kinds of contemporary ethical theories, Beauchamp and Childress's principlism, Jonsen and Toulmin's casuistry, and two versions of consequentialism-Singer's preference utilitarianism and Hooker's rule-consequentialism-with regards to their methods.

These examinations lead to the Morisprudence Model for methods in applied ethics.

PART I: ETHICS AND LAW.
1.
The Black-Box Problem.
METHODS.- OUTLINE.
2.
Ethics, Applied Ethics, and Law.
TERMINOLOGY: ETHICS AND MORALITY.
ETHICS, APPLIED ETHICS, BIOETHICS.
ETHICS AND LAW.
CONCLUSION.
PART II: METHODS IN LEGAL THEORY.
3.
Norms.
ABSTRACT AND GENERAL NORMS.
PRINCIPLES AND RULES.
Dworkin on Principles.
Principles as Optimization Requirements.
4.
Norm Application.
DEDUCTIVE STRUCTURE.
INTERPRETATION.
RULES OF INTERPRETATION.
Some Intricacies.
REASONING WITH PRECEDENTS.
Precedents.
What is binding?.
Strict binding force?.
ANALOGICAL REASONING.
Brewer's Theory of Analogical Reasoning.
The sequence of processes.
CONCLUSION.
5.
Norm Development.
EXPANSIONS.
Supplementation.
Conflict of principles: proportionality test.
The four steps.
Critique.
Gap-Filling.
Distinguishing.
REVISIONS.
Overruling.
Correction of Mistakes.
NEW LEGISLATION.
CONCLUSION.
PART III: METHODS IN CONTEMPORARY ETHICAL THEORIES.
6.
Principlism.
THE STRUCTURE OF PRINCIPLISM.
Clusters of Principles and the Common Morality.
Principles and Rules.
Ideals, Virtues, and Rights.
PRINCIPLISM's NORMATIVE CONTENT.
Respect for Autonomy.
Nonmaleficence.
Beneficence, Impartiality, and Moral Status.
Justice.
Relationship.
THEORY OF JUSTIFICATION.
METHODS.
Specification.
The importance of revisions and expansions.
Richardson's definition.
Interpretation.
Abandoning specification.
Balancing.
The constraining conditions and proportionality.
Critique and alternatives.
CONCLUSION.
7.
Casuistry.
THE BASICS.
THE STRUCTURE OF CASUISTRY.
Morphology.
Taxonomy.
Kinetics.
CRITIQUE.
Cases do not speak for themselves.
What rules the case?.
Importance of the Taxonomy.
The Role of Paradigms.
Arbitrary Kinetics.
Casuistry's Conventionality.
A BETTER STRUCTURE FOR CAUSISTRY.
Rules: Maxims and Paradigms.
Application of Paradigms.
Overruling and Distinguishing Paradigms.
Analogical Reasoning.
CONCLUSION.
8.
Consequentialism.
PETER SINGER's PREFERENCE UTILITARIANISM.
The Practice of Singer's Theory.
BRAD HOOKER's RULE-CONSEQUENTIALISM.
The Basic Theory.
Structure.
Impartiality, Reflective Equilibrium, and Pluralism.
Prima Facie Rules, Interpretation, and Conflicts.
Hooker on Euthanasia.
CONCLUSION.
9.
The Morisprudence Model for Applied Ethics.
DEDUCTIVE NORM APPLICATION.
APPLICATION AND DEVELOPMENT.
WHY THE MORISPRIDENCE MODEL?.
Notes.
Bibliography.
Index

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