Moral Combat: The Dilemma of Legal Perspectivalism

New York: Cambridge University Press (1999)
  Copy   BIBTEX

Abstract

This book explores the thesis that legal roles force people to engage in moral combat, an idea which is implicit in the assumption that citizens may be morally required to disobey unjust laws, while judges may be morally required to punish citizens for civil disobedience. Heidi Hurd advances the surprising argument that the law cannot require us to do what morality forbids. The 'role-relative' understanding of morality is shown to be incompatible with both consequentialist and deontological moral philosophies. In the end, Hurd shows that our best moral theory is one which never makes one actor's moral success turn on another's moral failure. Moral Combat is a sophisticated, well-conceived and carefully argued book on a very important and controversial topic at the junction between legal and political philosophy. It will be of interest to moral, legal, and political philosophers, as well as teachers and students of professional ethics in law.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,349

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Moral combat.Heidi M. Hurd - 1999 - New York: Cambridge University Press.
Legal Perspectivalism.Heidi Margaret Hurd - 1992 - Dissertation, University of Southern California
Billy Budd and the Duty to Enforce the Law.Carl Cranor - 1985 - Philosophy Research Archives 11:245-268.
Heidi Hurd: Moral Combat. [REVIEW]Christoph Reichert - 2000 - Jahrbuch für Recht Und Ethik 8.
Civil ethics and the validity of law.Adela Cortina - 2000 - Ethical Theory and Moral Practice 3 (1):39-55.
Legal Positivism and the Moral Aim Thesis.David Plunkett - 2013 - Oxford Journal of Legal Studies 33 (3):563-605.
Where law and morality meet.Matthew H. Kramer - 2004 - New York: Oxford University Press.
Direct Moral Grounding and the Legal Model of Moral Normativity.Benjamin Sachs - 2015 - Ethical Theory and Moral Practice 18 (4):703-716.
The mad, the bad, and the psychopath.Heidi L. Maibom - 2008 - Neuroethics 1 (3):167-184.
Review of Heidi Hurd, Moral Combat. [REVIEW]Thaddeus Metz - 2001 - Philosophical Review 110 (3):434-436.

Analytics

Added to PP
2015-07-07

Downloads
7 (#1,351,854)

6 months
6 (#522,885)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references