By Robert P. George
ISBN-10: 0198259840
ISBN-13: 9780198259848
ISBN-10: 019924300X
ISBN-13: 9780199243006
This paintings brings jointly major defenders of ordinary legislations and Liberalism for a chain of frank and full of life exchanges touching upon serious problems with modern ethical and political idea. The e-book is an exceptional instance of the fruitful engagement of traditions of considered basic issues of ethics and justice.
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Additional resources for Natural Law, Liberalism, and Morality: Contemporary Essays
Sample text
Classical natural law theory, in its contemporary forms, addresses these issues explicitly, and justifies the sharp distinction between criminal and civil law which is characteristic of modern legal systems but not of ancient or even medieval practice and theory. 90 The opportunity to use retributively justified punishments to deter and reform is only a bonus side-effect, and measures intended to deter and/or reform cannot rightly be more deleterious to the convicted offenders' interests than can be justified by retributive considerations.
Breach of duty is violation of right and ‘cause of action’. But equally, theories which put on the mantle of Aristotelian ‘corrective justice’ have failed to fill the gaps in Aristotle's account: its insufficient attention to the primary rights and duties which make wrongs identifiable as wrongs, and its neglect to explain just how breach of primary right warrants tort's normal judicial order of fully compensatory damages. 57) denouncing as anachronisms those features of the law unaccounted for—not shown to be justified, or shown to be unjustifiable—by their rival accounts.
That carrying out is typically—and in all cases that are within the proper scope of the criminal law—by bodily movements (though there are certainly acts, such as prayer or mental calculation, where there is no movement of the acting person). The criminal law thereby creates for itself—and for good reason—problems that do not arise in purely moral reflection, in which what is intended, generally (as end) and specifically (as means), is decisive for judgment more or less independently of what in fact happens or fails to happen as a result.