
Moral Combat by Heidi Hurd
This book explores the thesis that legal roles force people to engage in moral combat, an idea which is implicit in the assumption that citizens may be morally required to disobey unjust laws, while judges may be morally required to punish citizens for civil disobedience. Heidi Hurd advances the surprising argument that the law cannot require us to do what morality forbids. The 'role-relative' understanding of morality is shown to be incompatible with both consequentialist and deontological moral philosophies. In the end, Hurd shows that our best moral theory is one which never makes one actor's moral success turn on another's moral failure. Moral Combat is a sophisticated, well-conceived and carefully argued book on a very important and controversial topic at the junction between legal and political philosophy. It will be of interest to moral, legal, and political philosophers, as well as teachers and students of professional ethics in law.-
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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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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The Ethics of Deference
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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
"[Hurd's] book is admirably systematic, rigorous, clear, informed, and reasonable" Ethics
"Hurd's book brings many important issues in moral, political, and legal philosophy together in a structured way...I found Moral Combat to be rich and have prompted reflection." Thaddeus Metz, The Philosophical Review
"This striking and challenging book lays out as persuasive a case as can be made against the view that citizens and legal officials should elevate legal roles over moral commitments and in favor of the view that democracy and the rule of law are not well served by what Hurd calls the moral perspectivist point of view. This book makes an especially powerful case against the view that it is right to punish those who are morally innocent in order to advance or preserve institutional values. Philosophers, lawyers, and others committed to the humanistic study of law will find much of value in Hurd's thorough review of the arguments in favor of treating law as authoritative when it conflicts with morality. Hurd's book is destined to become a landmark in the field. Highly recommended for upper-division undergraduates, graduate students, faculty, and practitioners." Choice
"This volume by a professor of law and philosophy explores the thesis that legal roles force people to engage in moral combat, since citizens may be morally required to disobey unjust laws and judges may be morally required to punish citizens for civil disobedience." Ethics, Law, and Aging Review
"Hurd's book brings many important issues in moral, political, and legal philosophy together in a structured way...I found Moral Combat to be rich and have prompted reflection." Thaddeus Metz, The Philosophical Review
"This striking and challenging book lays out as persuasive a case as can be made against the view that citizens and legal officials should elevate legal roles over moral commitments and in favor of the view that democracy and the rule of law are not well served by what Hurd calls the moral perspectivist point of view. This book makes an especially powerful case against the view that it is right to punish those who are morally innocent in order to advance or preserve institutional values. Philosophers, lawyers, and others committed to the humanistic study of law will find much of value in Hurd's thorough review of the arguments in favor of treating law as authoritative when it conflicts with morality. Hurd's book is destined to become a landmark in the field. Highly recommended for upper-division undergraduates, graduate students, faculty, and practitioners." Choice
"This volume by a professor of law and philosophy explores the thesis that legal roles force people to engage in moral combat, since citizens may be morally required to disobey unjust laws and judges may be morally required to punish citizens for civil disobedience." Ethics, Law, and Aging Review
| SKU | Unavailable |
| ISBN 13 | 9780521089999 |
| ISBN 10 | 0521089999 |
| Title | Moral Combat |
| Author | Heidi Hurd |
| Series | Cambridge Studies In Philosophy And Law |
| Condition | Unavailable |
| Binding Type | Paperback |
| Publisher | Cambridge University Press |
| Year published | 2008-11-13 |
| Number of pages | 368 |
| Cover note | Book picture is for illustrative purposes only, actual binding, cover or edition may vary. |
| Note | Unavailable |






























