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The Confluence of Philosophy and Law in Applied Ethics (Hardcover, 1st ed. 2016)
Loot Price: R2,956
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The Confluence of Philosophy and Law in Applied Ethics (Hardcover, 1st ed. 2016)
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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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