Reasoning in Ethics and Law: The Role of Theory Principles and Facts / Edition 1

by Albert W. Musschenga, Wim J. van der Steen

Overview

Legal and moral reasoning share much methodology, and they address similar problems. This volume charts two shared problems: the relation between theory, principles and particular judgments; and the role of facts and factual assertions in normative settings. The relation between 'theory' and 'practice' and between 'principle' and 'particular judgment' has become the subject of much debate in moral philosophy. In the ongoing debate, some moral philosophers refer to legal philosophy for a support of their views on the primacy of 'practice' over 'theory'. According to them, legal philosophy should have a more balanced view in that relation. In the contributions to Part One this claim is critically analysed. The role of the facts is underestimated in discussions on legal reasoning and legal theory, as well as moral reasoning and ethical theory. Factual statements enter into moral and legal discussions not only because they link the conclusion with a rule. They also play a role as background assumptions in supporting a theory. Its focus on the role of facts in normative reasoning makes this book of special interest to scholars of legal and moral argumentation.

Product Details

ISBN-13:	9780754610458
Publisher:	Taylor & Francis
Publication date:	10/28/1999
Series:	Avebury Series in Philosophy
Pages:	224
Product dimensions:	6.00(w) x 8.62(h) x (d)

About the Author

Albert W. Musschenga, Wim J. van der Steen

Table of Contents

Contents: Introduction: Theory, Principle, Judgment: General and particular considerations in applied ethics; Guidance by moral rules, guidance by moral precedents; Set a sprat to catch a whale: the structure, strength and function of analogical inferences; The reconstruction of legal analogy-argumentation monological and dialogical approaches. Facts, Judgements, Theories: The role of facts in legal reasoning; Parallels between science and ethics; What is truth?: incest and narrative coherence in law; Empirical science and ethical theory: the case of informed consent; Index.

Editorial Reviews

While the relevance of ethical theory for legal philosophy is widely acknowledged, applying insights from legal to moral philosophy is under-represented in the literature. In eight papers bifurcating into sections on theory, principle, and judgement; and facts, judgements, and theories, contributors from Dutch universities and the Amsterdam Bar redress this imbalance by presenting the ongoing debate between theorists and anti-theorists on the meta-ethics of taking legal reasoning as a model for moral reasoning and the ensuing methodological issues. As a reality-check that such theorizing has real world significance, authors discuss cases illustrating applied ethics as guiding principles. Annotation c. Book News, Inc., Portland, OR (booknews.com)

Booknews