By Matthew H. Kramer
ISBN-10: 0230377491
ISBN-13: 9780230377493
ISBN-10: 1349410160
ISBN-13: 9781349410163
During this wide-ranging research of many popular concerns in modern felony, political, and ethical philosophy, Matthew Kramer combines penetrating opinions with unique theorizing as he examines the writings of diverse significant theorists (including Ronald Dworkin, H. L. A. Hart, Alan Gewirth, David Lyons, Ronald Coase, John Finnis, Jules Coleman, Anthony Kronman, and Richard Posner). whereas Kramer argues with the rigor that's the hallmark of the culture of analytic philosophy, his inquiries expand not just to that culture but in addition to such different traditions as Aristotelianism and Continental philosophy and criminal Realism.
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Additional info for In the Realm of Legal and Moral Philosophy: Critical Encounters
Example text
And we can do so while Justice as Constancy 47 adamantly insisting that those people have not suffered any sort of moral wrong (not even a wrong outweighed by countervailing considerations). On the one hand, the legally superior status of those people vis-a-vis the rescued person has not been given effect in accordance with the exterminatory rule; and because their legally ordained superiority to him has not received recognition, the sparing of him amounts to a procedural injustice against them.
They should emphasize that they dearly long to believe in the persistent valuableness of truth, and then they should note their inability to credit such a belief (an inability fostered by the arguments that show the belief's unsoundness). Unable to remove the cause of their disappointment, they instead promote their sullen feelings by deftly putting forward the arguments of which the truth so dispirits them. The aim of the gloomy skeptic is to reinforce his own disheartened state - by bitterly furnishing himself with reminders of the knowledge which he dislikes, and by meanly harrowing other people.
The correct rendering of (2a) is as follows: (2aa) It is true of every person X that X's being disposed to suffer-wrong-rather-than-do-wrong is a proportionately better state of affairs than X's being disposed to do-wrongrather-than-suffer-wrong. 6 The correctly rendered proposition (2aa) does not generate contradictory implications, as we can verify by proceeding through the rest of Finnis's argument. The correct rendering of his (2b) is as follows: (2bb) It is true of any persons X, Y, Z that X's being disposed to suffer-wrong-from-Y-rather-than-do-wrong-to-Z is a better state of affairs than X's being disposed to do-wrongto-Z-rather-than-suffer-wrong-from-Y.