The Ethics of Deference by Philip Soper
Do citizens have an obligation to obey the law? This book differs from standard approaches by shifting from the language of obedience (orders) to that of deference (normative judgments). The popular view that law claims authority but does not have it is here reversed on both counts: law does not claim authority but has it. Though the focus is on political obligation, the author approaches that issue indirectly by first developing a more general account of when deference is due to the view of others. Two standard practices that political theorists often consider in exploring the question of political obligation - fair-play and promise-keeping - can themselves be seen as examples of a duty of deference. In this respect the book defends a more general theory of ethics whose scope extends beyond the question of political obligation to questions of duty in the case of law, promises, fair play and friendship.-
Natural Law in Jurisprudence and Politics
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Permissible Killing
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Risks and Wrongs
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Punishment, Compensation, and Law
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Constitutionalism
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The Jurisprudential Foundations of Corporate and Commercial Law
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Consent to Sexual Relations
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Objectivity in Law and Morals
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A Common Law Theory of Judicial Review
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Norms in a Wired World
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In Harm's Way
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Judging in Good Faith
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The Path of the Law and its Influence
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Truth, Error, and Criminal Law
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Three Anarchical Fallacies
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Common Law Theory
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Natural Law and Practical Rationality
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Justification Defenses and Just Convictions
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Moral Combat
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Legal Positivism in American Jurisprudence
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Philosophy and the Criminal Law
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Automatism, Insanity, and the Psychology of Criminal Responsibility
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Liability and Responsibility
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The Moral Conditions of Economic Efficiency
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Philosophy and the Law of Torts
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New Essays in the Legal and Political Theory of Property
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Equality, Responsibility, and the Law
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Complicity
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Responsibility and Control
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Beyond Comparison
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Crimes against Humanity
'The Ethics of Deference is an admirably clear book, presenting a thoroughly novel take on its subject-matter … worthy of close attention' Modern Law Review
'Clearly presented and persuasively argued, Soper's account of the ethics of deference covers a wide range of legal, political, and moral issues from authority and autonomy, to obligation and the nature of reasons. … Soper offers an insightful analysis … His most original and contentious position, that the law has authority but does not claim it, is one that he makes intuitively appealing. Soper's thesis gives one the power to approach the law rationally, and to consider the pros and cons of adhering to its norms.' Res Republica
'Clearly presented and persuasively argued, Soper's account of the ethics of deference covers a wide range of legal, political, and moral issues from authority and autonomy, to obligation and the nature of reasons. … Soper offers an insightful analysis … His most original and contentious position, that the law has authority but does not claim it, is one that he makes intuitively appealing. Soper's thesis gives one the power to approach the law rationally, and to consider the pros and cons of adhering to its norms.' Res Republica
| SKU | Unavailable |
| ISBN 13 | 9780521810470 |
| ISBN 10 | 0521810477 |
| Title | The Ethics of Deference |
| Author | Philip Soper |
| Series | Cambridge Studies In Philosophy And Law |
| Condition | Unavailable |
| Binding Type | Hardback |
| Publisher | Cambridge University Press |
| Year published | 2002-10-24 |
| Number of pages | 206 |
| Cover note | Book picture is for illustrative purposes only, actual binding, cover or edition may vary. |
| Note | Unavailable |