Émile Durkheim

Law in a Moral Domain

Author: Roger Cotterrell

Publisher: Capstone

ISBN: 9780748613397

Category: Ethics, Modern

Page: 276

View: 338

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Emile Durkheim: Law in a Moral Domainis the first full-length account in English of Durkheim's ideas on law. Radically challenging standard accounts of these ideas, it draws on a wide range of writings by Durkheim and his co-workers to present his legal thought systematically as a unified, highly original and hitherto unjustly neglected contribution to the understanding of law. Durkheim confronts issues about the moral foundations of contemporary Western law. He explains in relation to such fields as criminal, contract, property, inheritance, industrial, and family law, the values that must underpin this law, justifying these sociologically in terms of law's modern tasks and its historical development. Emile Durkheim: Law in a Moral Domainalso surveys the work of jurists who were closely involved in Durkheim's sociological project, but are little known in the common world. It shows Durkheimian legal theory as a rich, multi-faceted enterprise which, until now, has lacked proper recognition. Addressing many standard criticisms of Durkheim's sociology, Professor Cotterrell shows that some of these need substantial reconsideration in the light of Durkheim's work on law.* Accessible account of the whole of Durkheim's writing about law in society* Shows the centrality of Durkeim's legal theory to his social theory as a whole* Reveals Durkheim as a highly original and instructive theorist of law* Does not presuppose prior familiarity with Durkheim's sociology or with legal theory

Emile Durkheim

Law in a Moral Domain

Author: Roger B. M. Cotterrell

Publisher: N.A

ISBN: 9780804738231

Category: Law

Page: 276

View: 620

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This book seeks to provide a fully comprehensive and systematic account of Durkheim’s legal theory. Indeed, because his writings on law and on the sociology of law are scattered throughout his work, this book is in fact the first attempt in English to provide a detailed analysis of the entirety of Durkheim’s legal thought. The author argues that for Durkheim legal questions and moral questions were ultimately inseparable—not so much because law and morality cannot be analytically disentangled (as some legal philosophers argue), as because morality is embodied in the conditions of social life, the rules for which are articulated by law. Thus, for Durkheim, the study of law was an absolutely essential and central part of the sociological enterprise. Law aspires to express the moral commitments of people living in many different kinds of relationships of community, reflecting the values of those whose life it regulates. Durkheim’s writings have a parallel aspiration: they use history, ethnography, and social theory to uncover the intricate and shifting moral foundations of law—foundations uncovered empirically by studying the social phenomena in which they reside, and by understanding the nature of those phenomena and the conditions of their being.

Émile Durkheim

Law in a Moral Domain

Author: Roger B. M. Cotterrell

Publisher: Stanford University Press

ISBN: 9780804738088

Category: Social Science

Page: 276

View: 4324

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This book seeks to provide a fully comprehensive and systematic account of Durkheim’s legal theory. Indeed, because his writings on law and on the sociology of law are scattered throughout his work, this book is in fact the first attempt in English to provide a detailed analysis of the entirety of Durkheim’s legal thought. The author argues that for Durkheim legal questions and moral questions were ultimately inseparable—not so much because law and morality cannot be analytically disentangled (as some legal philosophers argue), as because morality is embodied in the conditions of social life, the rules for which are articulated by law. Thus, for Durkheim, the study of law was an absolutely essential and central part of the sociological enterprise. Law aspires to express the moral commitments of people living in many different kinds of relationships of community, reflecting the values of those whose life it regulates. Durkheim’s writings have a parallel aspiration: they use history, ethnography, and social theory to uncover the intricate and shifting moral foundations of law—foundations uncovered empirically by studying the social phenomena in which they reside, and by understanding the nature of those phenomena and the conditions of their being.

Robot Rules

Regulating Artificial Intelligence

Author: Jacob Turner

Publisher: Springer

ISBN: 3319962353

Category: Technology & Engineering

Page: 377

View: 5083

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This book explains why AI is unique, what legal and ethical problems it could cause, and how we can address them. It argues that AI is unlike any other previous technology, owing to its ability to take decisions independently and unpredictably. This gives rise to three issues: responsibility--who is liable if AI causes harm; rights--the disputed moral and pragmatic grounds for granting AI legal personality; and the ethics surrounding the decision-making of AI. The book suggests that in order to address these questions we need to develop new institutions and regulations on a cross-industry and international level. Incorporating clear explanations of complex topics, Robot Rules will appeal to a multi-disciplinary audience, from those with an interest in law, politics and philosophy, to computer programming, engineering and neuroscience.

Bentham

Selected Writings of John Dinwiddy

Author: John Rowland Dinwiddy,William L. Twining

Publisher: Stanford University Press

ISBN: 9780804745192

Category: Philosophy

Page: 190

View: 2275

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Jeremy Bentham, the founder of utilitarianism, made a powerful impact on several major areas of thought and policy: ethics, jurisprudence, political and constitutional theory, and social and administrative reform. Yet from the start his ideas have been subject to misunderstanding and caricature. John Dinwiddy's Bentham is regarded as the best introduction to this important jurist and reformer. Dinwiddy examines the various components of Bentham's philosophy and shows how each was shaped by the radical rethinking entailed by the utilitarian approach. He also discusses interpretations of Benthamism and its contemporary significance and the controversial question of Bentham's influence on reform. Bentham is reproduced here in full together with three classic essays that deal with key issues in understanding Bentham: his conversion to political radicalism, the relations between private and public ethics, and his theory of adjudication. A new introduction and select bibliography by William Twining set the context and survey the developments in Bentham studies since the book's original publication in 1989.

French XX Bibliography

Critical and Biographical References for the Study of French Literature Since 1885

Author: N.A

Publisher: N.A

ISBN: N.A

Category: French literature

Page: N.A

View: 3114

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Sociological Abstracts

Author: Leo P. Chall

Publisher: N.A

ISBN: N.A

Category: Sociology

Page: N.A

View: 2414

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CSA Sociological Abstracts abstracts and indexes the international literature in sociology and related disciplines in the social and behavioral sciences. The database provides abstracts of journal articles and citations to book reviews drawn from over 1,800+ serials publications, and also provides abstracts of books, book chapters, dissertations, and conference papers.