Reasoning in Ethics and Law: The Role of Theory Principles and Facts

ISBN-13: 9780754610458 / Angielski / Twarda / 1999 / 224 str.

Albert W. Musschenga; Wim J. Van Der Steen

Opis

Legal and moral reasoning share much methodology and address similar problems. This volume charts two shared problems: the relation between theory, principles and particular judgments; and the role of facts and factual assertions in normative settings.

Spis treści

Contents: Introduction: Theory, Principle, Judgment: General and particular considerations in applied ethics; Guidance by moral rules, guidance by moral precedents; Set a sprat to catch a whale: the structure, strength and function of analogical inferences; The reconstruction of legal analogy-argumentation monological and dialogical approaches. Facts, Judgements, Theories: The role of facts in legal reasoning; Parallels between science and ethics; What is truth?: incest and narrative coherence in law; Empirical science and ethical theory: the case of informed consent; Index.

O autorze

Albert W. Musschenga, Wim J. van der Steen