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Books > Social sciences > Politics & government > Central government > Central government policies
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The Right to Do Wrong - Morality and the Limits of Law (Hardcover)
Loot Price: R1,645
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The Right to Do Wrong - Morality and the Limits of Law (Hardcover)
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Common morality—in the form of shame, outrage, and stigma—has
always been society’s first line of defense against ethical
transgressions. Social mores crucially complement the law, Mark
Osiel shows, sparing us from oppressive formal regulation. Much of
what we could do, we shouldn’t—and we don’t. We have a
free-speech right to be offensive, but we know we will face outrage
in response. We may declare bankruptcy, but not without stigma.
Moral norms constantly demand more of us than the law requires,
sustaining promises we can legally break and preventing
disrespectful behavior the law allows. Mark Osiel takes up this
curious interplay between lenient law and restrictive morality,
showing that law permits much wrongdoing because we assume that
rights are paired with informal but enforceable duties. People will
exercise their rights responsibly or else face social shaming. For
the most part, this system has worked. Social order persists
despite ample opportunity for reprehensible conduct, testifying to
the decisive constraints common morality imposes on the way we
exercise our legal prerogatives. The Right to Do Wrong collects
vivid case studies and social scientific research to explore how
resistance to the exercise of rights picks up where law leaves off
and shapes the legal system in turn. Building on recent evidence
that declining social trust leads to increasing reliance on law,
Osiel contends that as social changes produce stronger assertions
of individual rights, it becomes more difficult to depend on
informal tempering of our unfettered freedoms. Social norms can be
indefensible, Osiel recognizes. But the alternative—more
repressive law—is often far worse. This empirically informed
study leaves little doubt that robust forms of common morality
persist and are essential to the vitality of liberal societies.
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