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Hadley Arkes and the Recovery of the...

Lordan, Thomas Edward,

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Hadley Arkes and the Recovery of the Moral Ground of American Constitutional Law /

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	Hadley Arkes and the Recovery of the Moral Ground of American Constitutional Law // Thomas Edward Lordan.
作者:	Lordan, Thomas Edward,
面頁冊數:	1 electronic resource (510 pages)
附註:	Source: Dissertations Abstracts International, Volume: 86-11, Section: A.
Contained By:	Dissertations Abstracts International86-11A.
標題:	Political science. -
電子資源:	https://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=32001855
ISBN:	9798315759454

Hadley Arkes and the Recovery of the Moral Ground of American Constitutional Law /
Lordan, Thomas Edward,

Hadley Arkes and the Recovery of the Moral Ground of American Constitutional Law /Thomas Edward Lordan. - 1 electronic resource (510 pages)

Source: Dissertations Abstracts International, Volume: 86-11, Section: A.

Hadley Arkes project is to recover the moral ground of law, including American Constitutional law. He notes that the discomfort we may feel with the notion of a political association as a source of moral instruction through its laws is a measure of how far we have drifted from the original understanding of the connection between morals and law, an understanding that was still alive with the American Founders and with Abraham Lincoln, but that was severed in the wake of moral and cultural relativism and legal positivism.Arkes believes that our difficulties in recent years are attributable to our confusion over the meaning of "morals" itself in the strictest sense. There is a tendency in our public discourse to equate moral judgments with matters of religious belief, or to reduce them to questions of the most subjective personal taste. Either way, morals are removed from the domain of practical reasoning and attached to the sphere of the ineffable or the unknowable. Morals are deemed matters of the most personal belief, which cannot be used to judge or direct others. In the absence of morals, our only ordering force is law, but law separated from its moral ground. We have, in short, lost the sense that there are such things as genuine objective moral truths accessible to all of us as rational creatures, which can serve as the foundations of our laws. To reestablish the necessary connection between morals and law, Arkes first seeks the recovery of moral truths principally by synthesizing Aristotle's political philosophy with Kant's moral philosophy. Arkes then applies the moral principles he has recovered to actual cases.Arkes demonstrates that we have laws only because we have morals, that human laws consist of moral principles in the form of laws, and that we cannot conceive of laws without moral principles or moral principles without laws.Interpreting any human laws therefore involves understanding the moral principles that gave rise to them.

English

ISBN: 9798315759454Subjects--Topical Terms:

528916
Political science.
Subjects--Index Terms:

Constitution

Hadley Arkes and the Recovery of the Moral Ground of American Constitutional Law /
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