This book focuses on the degree to which certain moral and legal doctrines are rooted in specific passions that are then institutionalized in the form of criminal law. A philosophical analysis is developed of the following questions: When, if ever, should hatred be overcome by sympathy or compassion? What are forgiveness and mercy and to what degree do they require--both conceptually and morally--the overcoming of certain passions and the motivation by other passions? If forgiveness and mercy indeed are moral virtues, what role, if any, should they play in the law?
This book focuses on the degree to which certain moral and legal doctrines are rooted in specific passions that are then institutionalized in the form...
In this revised edition, two distinguished philosophers have extended and strengthened the most authoritative text available on the philosophy of law and jurisprudence. While retaining their comprehensive coverage of classical and modern theory, Murphy and Coleman have added new discussions of the Critical Legal Studies movement and feminist jurisprudence, and they have strengthened their treatment of natural law theory, criminalization, and the law of torts. The chapter on law and economics remains the best short introduction to that difficult, controversial, and influential topic.Students...
In this revised edition, two distinguished philosophers have extended and strengthened the most authoritative text available on the philosophy of law ...