The Confluence of Philosophy and Law in Applied Ethics / by Norbert Paulo.
2016
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Author
Title
The Confluence of Philosophy and Law in Applied Ethics / by Norbert Paulo.
Added Corporate Author
Edition
1st ed. 2016.
Imprint
London : Palgrave Macmillan UK : Imprint: Palgrave Macmillan, 2016.
Description
VIII, 250 p. 3 illus. online resource
Formatted Contents Note
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.
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.
Summary
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. .
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Language
English
ISBN
9781137557346
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