| 书目名称 | Moral Pluralism and Legal Neutrality | | 编辑 | Wojciech Sadurski | | 视频video | | | 丛书名称 | Law and Philosophy Library | | 图书封面 |  | | 描述 | lt is a commonplace that law and morality intersect and interpenetrate in all the areas of legal decision-making; that in order to make sense of constitutional, statutory or common-law questions, judges and other legal decision-makers must first resolve certain philosophical issues which include moral judgments of right and wrang_ This is particularly evident with regard to constitutional interpretation, especially when constitutions give a mandate for the protection of the substantive norms and values entrenched as constitutional rights. In these Situations, as a leading contemporary legal philosopher observed, the "Constitution fuses legal and moral issues, by making the validity of a law depend on an answer to complex moral 1 problems". But the need for substantive value elucidation is not confined, of course, only to constitutional interpretation under Bills of Rights. This, however, immediately raises a dilemma stemming from the moral diversity and pluralism of modern liberal societies. How can law remain sensitive to this pluralism and yet provide clear answers to the problems which call for a legal resolution? Sharply conflicting values in modern societies clash in the debat | | 出版日期 | Book 1990 | | 关键词 | constitution; constitutional interpretation; death; freedom; interpret; issue; liberty; media; moral judgmen | | 版次 | 1 | | doi | https://doi.org/10.1007/978-94-009-1928-0 | | isbn_softcover | 978-94-010-7360-8 | | isbn_ebook | 978-94-009-1928-0Series ISSN 1572-4395 Series E-ISSN 2215-0315 | | issn_series | 1572-4395 | | copyright | Springer Science+Business Media Dordrecht 1990 |
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发表于 2025-3-21 19:53:00
