The Locator -- [(subject = "Moral realism")]

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Author:
Paling, Dennis, author.
Title:
Ethical realism and the rule of law / Dennis Paling.
Publisher:
Wolf Legal Publishers,
Copyright Date:
2017
Description:
iii, 170 pages : illustrations (some color) ; 24 cm
Subject:
Law and ethics.
Rule of law.
Moral realism.
Law--Moral and ethical aspects.
Moral realism.
Law and ethics.
Law--Moral and ethical aspects.
Rule of law.
Notes:
Includes bibliographical references.
Summary:
On 5th June 1989 an unknown man stopped the leading tank in a column entering Tiananmen Square, Beijing. His ultimate fate is unknown. His courage reflects the dilemma of brave people faced by the force of authority. The rule of law attempts to control excess of authority, but is often ineffective and illusory.00Realist jurisprudence acknowledges that the law is often flawed and unfairly administered and that the rule of law is an illusion. This book discusses the question what then should the individual do? It suggests that ethical realism is a wise approach: acknowledging that in reality the law is flawed, but attempting when possible to do what ethics suggest, applying the classical concept of internal or virtue ethics.00This approach has practical applications? it would be ethical to have a 2 state solution in the Middle East as was resolved by the UN General Assembly in 1947; it would be ethical for the UK to remain in the EEA established by the Treaty of Rome after 48.7% of UK voters wanted to remain and when the 2016 referendumand 2017 legislation referred only to the EU.00In the early 1960s I attended the realist jurisprudence lectures at Oxford and came away with a belief that the rule of law is an ideal rather than a reality but a belief that ethics encourage the individual to do what can be done in practice to alleviate failures of the rule of law.
ISBN:
9462403902
9789462403901
OCLC:
(OCoLC)1004728990
Locations:
OVUX522 -- University of Iowa Libraries (Iowa City)

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