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The Confluence of Philosophy and Law in Applied Ethics

Authors: Paulo, Norbert

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eBook 71,39 €
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  • ISBN 978-1-137-55734-6
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Hardcover 88,39 €
price for Spain (gross)
  • ISBN 978-1-137-55733-9
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  • Usually dispatched within 3 to 5 business days.
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About this book

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. 

About the authors

Norbert Paulo is a lecturer in practical philosophy at the University of Salzburg, Austria. He holds a PhD in philosophy from Hamburg University, Germany, where he studied both philosophy and law. His primary research concerns applied ethics, ethical theory, philosophy of law, and empirical ethics. 

Reviews

“Paulo’s book is perhaps the most sophisticated and illuminating exploration of casuistry available to date. He shows that casuistry, when done properly, is much closer to legal reasoning than other theorists have appreciated. The book also contains the most comprehensive and deep criticism of principlism I have seen.” (Allen E. Buchanan, James B. Duke Distinguished Professor of Philosophy and Professor of Law, Duke University, USA)

“Norbert Paulo’s book is an outstanding treatment of methods in both legal theory and contemporary ethical theory. It contains original and forceful analyses of methods of applied ethics. Everyone interested in methods of applied ethics will want to be familiar with Paulo’s arguments and conclusions. The evaluations of Principlism, Casuistry, and Consequentialism are especially noteworthy.” (Tom L. Beauchamp, Professor of Philosophy and Senior Research Scholar, Georgetown University, USA)

Table of contents (9 chapters)

Table of contents (9 chapters)

Buy this book

eBook 71,39 €
price for Spain (gross)
  • ISBN 978-1-137-55734-6
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 88,39 €
price for Spain (gross)
  • ISBN 978-1-137-55733-9
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules

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Bibliographic Information

Bibliographic Information
Book Title
The Confluence of Philosophy and Law in Applied Ethics
Authors
Copyright
2016
Publisher
Palgrave Macmillan UK
Copyright Holder
The Editor(s) (if applicable) and The Author(s)
eBook ISBN
978-1-137-55734-6
DOI
10.1057/978-1-137-55734-6
Hardcover ISBN
978-1-137-55733-9
Edition Number
1
Number of Pages
VIII, 250
Number of Illustrations
3 b/w illustrations
Topics