دانلود کتاب Ethical Rationalism and the Law

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Contents\n1\n The Past, Present and Future of Ethical Rationalism\n I. Introduction\n II. The Strong Ethical Rationalism of Kant and Gewirth\n III. The Dialectically Necessary Argument for the PGC\n IV. Applying the PGC\n V. Further Thoughts on the Relationship Between Kant and Gewirth\n VI. Summary of Chapters\n VII. Conclusion\n2\n How to Become a Successful Hegelian\n I. Introduction\n II. Orthodox Reason: Monological and Dialogical\n III. The Compatibility of the Monological and the Dialogical\n IV. Dialogical Subjectivity and Alienation in Hegel\n V. Hegel and Kant: Looking Inward and Looking Outward\n VI. Property is Not a Relation to a \"Thing\"\n VII. The Monological Sufficiency of Agency\n VIII. Beyleveld\"s Account of the Argument from the Sufficiency of Agency\n IX. Conclusion\n3\n Identifying and Justifying Moral Norms: Necessary Basics\n I. Introduction\n II. What Rational Egoists Seek in a Moral Theory\n III. Arguing from the Sufficiency of Agency: Terms and Tokens\n IV. The Distinctively Dialectical Necessity of Moral Claims\n V. Self-understanding, Moral Character and the Character of Morality\n4\n Hope, Agency, and Aesthetic Sensibility: A Response to Beyleveld\"s Account of Kantian Hope\n I. Introducing Hope\n II. Hope in Beyleveld\"s Kantianism\n III. Aesthetic Perspectives on Hope\n IV. Hope Revisited\n5\n Justification in Morality and the Law\n I. Grounding the Law: Positivism/Contractarianism\n II. Grounding the Law: Morality\n III. Conclusion\n6\n Advance Refusals and the Personal Identity Objection\n I. Introduction\n II. The Personal Identity Objection\n III. The Mental Capacity Act and Court of Protection\n IV. Advance Refusals and a Good Faith Attempt to Give Effect to the PGC\n V. Conclusion\n7\n Law as a Moral Judgment, the Domain of Jurisprudence, and Technological Management\n I. Introduction\n II. Law as a Normative Enterprise and Technological Management as a Non-normative Enterprise\n III. The Price of Technological Management\n IV. Revisiting the Concept of Law\n V. The Domain of Jurisprudence\n VI. A New Agenda for Jurisprudence\n VII. Conclusion\n8\n Beyond Reason: The Legal Importance of Emotions\n I. Introduction\n II. Law and Ethical Rationalism\n III. Ethical Rationalism and Sexual Offences\n IV. Conclusion\n9\n Public Goods in the Ethical Reconsideration of Research Innovation\n I. Introduction\n II. Beyleveld\"s Co-operative Model and Research as a Public Good\n III. Scoping the Public Interest and the Public Good\n IV. Two Models of the Public Good\n V. Capture and Commodification\n VI. Reconsidering Ethical Partnerships\n VII. Conclusion: Rejecting the Commodities Model\n10\n Privacy, Politeness and the Boundary Between Theory and Practice in Ethical Rationalism\n I. The Context of Data Protection and Medical Research Using Biobanking and Genetic Information\n II. The Problem of Privacy\n III. The Attitude Gap\n IV. Politeness30\n V. Practical Politeness for Biobanking\n VI. International Association of Biobanking\n VII. Conclusion: Politeness and the Attitude Gap\n11\n Fidelity to International Law: On International Courts and Politics\n I. Introduction: International Law as a Moral Judgement\n II. International and Constitutional Courts Between Law and Politics\n III. Courts and the Rationality of Legal Interpretation\n IV. Courts, International Relations and International Law\n V. International Law and Politics: The Case of the SADC Tribunal\n12\n Legal Idealism and Global Law\n I. Introduction\n II. Global Administration\n III. Coercion and Authority\n IV. The Model of Authority in RL and LMJ\n V. Authority and Global Administration\n VI. Conclusion\n13\n What Is Gewirth and What Is Beyleveld? A Retrospect with Comments on the Contributions\n I. Introduction\n II. What Have I Done with Gewirth?\n III. The Foundational Argument in Essence\n IV. Critical Reaction and Misunderstandings\n V. Comments on Contributions\n VI. Finally\nIndex