No Place for Ethics

No Place for Ethics
Author :
Publisher : Rowman & Littlefield
Total Pages : 241
Release :
ISBN-10 : 9781683933243
ISBN-13 : 1683933249
Rating : 4/5 (249 Downloads)

Book Synopsis No Place for Ethics by : T. Patrick Hill

Download or read book No Place for Ethics written by T. Patrick Hill and published by Rowman & Littlefield. This book was released on 2021-10-01 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In No Place for Ethics, Hill argues that contemporary judicial review by the U.S. Supreme Court rests on its mistaken positivist understanding of law—law simply because so ordered—as something separate from ethics. Further, to assert any relation between the two is to contaminate both, either by turning law into an arm of ethics, or by making ethics an expression of law. This legal positivism was on full display recently when the Supreme Court declared that the CDC was acting unlawfully by extending the eviction moratorium to contain the spread of the Covid-19 Delta variant, something that, the Court admitted, was of indisputable benefit to the public. How mistaken however to think that acting for the good of the public is to act unlawfully when actually it is to act ethically and must therefore be lawful. To address this mistake, Hill contends that an understanding of natural law theory provides the basis for a constitutive relation between ethics and law without confusing their distinct role in answering the basic question, how should I behave in society? To secure that relation, the Court has an overriding responsibility when carrying out its review to do so with reference to normative ethics from which the U.S. Constitution is derived and to which it is accountable. While the Constitution confirms, for example, the liberty interests of individuals, it does not originate those interests which have their origin in human rights that long preceded it. Essential to this argument is an appreciation of ethics as objective and based on principles, like those of justice, truth, and reason that ought to inform human behavior at its very springs. Applied in an analysis of five major Supreme Court cases, this appreciation of ethics reveals how wrongly decided these cases are.


No Place for Ethics Related Books

No Place for Ethics
Language: en
Pages: 241
Authors: T. Patrick Hill
Categories: Philosophy
Type: BOOK - Published: 2021-10-01 - Publisher: Rowman & Littlefield

GET EBOOK

In No Place for Ethics, Hill argues that contemporary judicial review by the U.S. Supreme Court rests on its mistaken positivist understanding of law—law simp
The Seven Signs of Ethical Collapse
Language: en
Pages: 552
Authors: Marianne M. Jennings
Categories: Business & Economics
Type: BOOK - Published: 2006-08-22 - Publisher: St. Martin's Press

GET EBOOK

Do you want to make sure you · Don't invest your money in the next Enron? · Don't go to work for the next WorldCom right before the crash? · Identify and sol
Being Human
Language: en
Pages: 299
Authors: Anna L. Peterson
Categories: Nature
Type: BOOK - Published: 2001-05-26 - Publisher: Univ of California Press

GET EBOOK

"[Being Human] is one of the few books that begins to integrate theological narratives with scientific ones, looking for a compelling correlation between them w
Beyond Bumper Sticker Ethics
Language: en
Pages: 231
Authors: Steve Wilkens
Categories: Religion
Type: BOOK - Published: 2011-08-02 - Publisher: InterVarsity Press

GET EBOOK

Steve Wilkens exposes the complex ethical systems lurking behind the most common slogans of our culture, offering a Christian evaluation of each. In this revise
Heidegger and the Place of Ethics
Language: en
Pages: 228
Authors: Michael Lewis
Categories: Philosophy
Type: BOOK - Published: 2014-01-15 - Publisher: A&C Black

GET EBOOK

Despite Heidegger's identifying his own thought with 'ethics' in the most original sense, his understanding of ethics has been criticised both for its supposed