Download Law, Morality and Rights by Robert S. Summers (auth.), M. A. Stewart (eds.) PDF

By Robert S. Summers (auth.), M. A. Stewart (eds.)

The Royal Institute of Philosophy has been sponsoring meetings in exchange years for the reason that 1969. those have from the beginning been meant to be of curiosity to individuals who're no longer philosophers via occupation. they've got as a rule fascinated with interdisciplinary components equivalent to the philosophies of psychology, schooling and the social sciences. The volumes coming up from those meetings have in­ cluded discussions among philosophers and exclusive prac­ titioners of alternative disciplines suitable to the selected subject. starting with the 1979 convention on 'Law, Morality and Rights' and the 1981 convention on 'Space, Time and Causality' those volumes are actually constituted as a chain. it really is was hoping that this sequence will give a contribution to advancing philosophical realizing on the frontiers of philosophy and components of curiosity to non-philos­ ophers. it's was hoping that it'll accomplish that via writing which reduces technicalities up to the subject-matter allows. during this manner the sequence is meant to illustrate that philosophy could be transparent and helpful in itself and whilst correct to the pursuits of lay people.

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Forrester is largely abandoned today. A. Stewart (ed), Law, Morality and Rights, 51 - 63 . Copyright © 1982, 1983 by D. Reidel Publishing Company. 52 Robert S. Summers form of legal action has been exceedingly slow, however. Only four American states abandoned it by judicial action (and no English court did so). It remains very much alive in some American states. Yet it has been said that we are talking here of the harshest doctrine known to the common law. 3. Mr Mackie says that he finds some obscurity in my notion of a working conception.

There is even fiat. And more. Working Conceptions of "The Law" 25 Why do some judges become obsessed with their working notions of law? First, if a given notion generally stands judges in good stead, this may lead them to over-use it. In such instances, judges fail to recognize that the conception, like any such idea, has its limits. Second, a few judges may mechanically substitute their working conception for close analysis of particulars. It thus becomes a crutch, and an anodyne for the pains of reasoning.

Mackie disagrees with or challenges the Summers theses in a number of respects: ( 1) He says that Summers is not consistent in his conception of what the judge's working conception is a conception of. Is it, as the phrase 'working conceptions of "the law"' would suggest, a conception of the legal system as a whole, of what that system is trying to achieve, or is it a conception of the judge's role in trying a given case? Summers oscillates, he thinks, between the two. A. ), Law, Morality and Rights, 43- 50.

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