The right to do wrong: morality and the limits of law
The law sometimes permits what ordinary morality, or widely-shared notions of right and wrong, reproaches. Rights to Do Grave Wrong explores the relationship between law and common morality to clarify law's reliance on society's broad presumption that people will exercise their rights resp...
| Main Author: | |
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| Format: | Print Book |
| Language: | English |
| Subito Delivery Service: | Order now. |
| Check availability: | HBZ Gateway |
| WorldCat: | WorldCat |
| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| Published: |
Cambridge London
Harvard University Press
2019
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| In: | Year: 2019 |
| Reviews: | [Rezension von: Osiel, Mark, The right to do wrong : morality and the limits of law] (2021) (Turner, David)
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| Standardized Subjects / Keyword chains: | B
Morals
/ Law
/ Sociology of law
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| Further subjects: | B
Law and ethics
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| Online Access: |
Table of Contents |
| Parallel Edition: | Electronic
Electronic Electronic |
| Summary: | The law sometimes permits what ordinary morality, or widely-shared notions of right and wrong, reproaches. Rights to Do Grave Wrong explores the relationship between law and common morality to clarify law's reliance on society's broad presumption that people will exercise their rights responsibly. More concretely, he argues that certain legal rights rest on tacit sociological assumptions as to who will exercise them, under what circumstances, and how frequently. Further, he argues that we depend on stigma and shame to reduce and circumscribe the law's use. Some examples: though reneging on a debt is considered wrong, the law allows you to declare personal bankruptcy; international law allows museums to retain some masterworks looted from their rightful owners; in many countries abortion is permitted as a means of birth control. Using these examples and more, Osiel presents a "social scientific" analysis of law's interaction with social mores and the extent to which they limit our exercising rights to do wrong. The paradox he intends to elucidate is when and why it is appropriate for societies to champion de jure entitlements even as they successfully limit their de facto usage |
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| Item Description: | Enthält Literaturangaben und einen Index |
| Physical Description: | 502 Seiten, Diagramm |
| ISBN: | 0674368258 |