Philosophy Commons^™

Mirror, Mirror, On The Wall—Biased Impartiality, Appearances, And The Need For Recusal Reform, Zygmont A. Pines

Dickinson Law Review (2017-Present)

The article focuses on a troubling aspect of contemporary judicial morality.

Impartiality—and the appearance of impartiality—are the foundation of judicial decision-making, judicial morality, and the public’s trust in the rule of law. Recusal, in which a jurist voluntarily removes himself or herself from participating in a case, is a process that attempts to preserve and promote the substance and the appearance of judicial impartiality. Nevertheless, the traditional common law recusal process, prevalent in many of our state court systems, manifestly subverts basic legal and ethical norms.

Today’s recusal practice—whether rooted in unintentional hypocrisy, wishful thinking, or a pathological cognitive dissonance— …

Moral Choices And Leadership, Gregory Eastwood

The International Journal of Ethical Leadership

No abstract provided.

"Do You Have A Conscience?", Jeremy Bendik-Keymer

The International Journal of Ethical Leadership

No abstract provided.

Spiritual-Moral Environment And Its Basic Indicators, Matlyuba Qaxxarova, Hamida Tuychieva

The Light of Islam

The article considers the problems of the spiritual and moral environment of society as a socio-historical phenomenon, the features of its development in a civil society and the laws of its development. The main attention is paid to ethical principles and means, ways to meet the needs of the individual, the importance of moral ideal, as well as objective conditions and subjective factors of the spiritual and moral environment.

In order to comprehensively improve the spiritual and moral climate in society, a philosophical approach to the question of the beliefs and beliefs of the individual was made in order to …

Innocent Burdens, James Edwin Mahon

Washington and Lee Law Review

No abstract provided.

The Morality Of Human Rights, Michael J. Perry

San Diego Law Review

My discussion of the morality of human rights in this Article presupposes that the reader is familiar with the internationalization of human rights: the growing international recognition and protection, in the period since the end of the Second World War, of certain rights as human rights. The Appendix to this Article is for readers not familiar with the internationalization of human rights. I begin, in the first Part of the Article, by explaining what the term human right means in the context of the internationalization of human rights. I also explain both the sense in which some human rights are, …

Moral Foundation Theory And The Law, Colin Prince

Seattle University Law Review

Moral foundation theory argues that there are five basic moral foundations: (1) harm/care, (2) fairness/reciprocity, (3) ingroup/loyalty, (4) authority/respect, and (5) purity/sanctity. These five foundations comprise the building blocks of morality, regardless of the culture. In other words, while every society constructs its own morality, it is the varying weights that each society allots to these five universal foundations that create the variety. Haidt likens moral foundation theory to an “audio equalizer,” with each culture adjusting the sliders differently. The researchers, however, were not content to simply categorize moral foundations—they have tied the foundations to political leanings. And it is …

Trends. Implications Of War And Peace For The Morality, Ethics, And Legality Of Killing And Incarceration, Ibpp Editor

International Bulletin of Political Psychology

This article provides a perspective for the controversy surrounding the appropriateness of killing and incarceration during a war on terrorism with global reach.

Slavery And The Sudan: Can Good Works Be Good?, Ibpp Editor

International Bulletin of Political Psychology

This article focuses on the consequences of attempts to free slaves and abolish slavery in the Sudan.

Whose Nature - Practical Reason And Patriarchy, Lynne Henderson

Cleveland State Law Review

My comments on John Finnis's Natural Law and Legal Reasoning grow out my concern about the relationship of law to authoritarianism. In this comment, I do not intend to go deeply into the relationship of law to authoritarianism but rather to sketch out the background of the argument. It seems to me that authoritarianism, properly understood, is of great relevance to a symposium on jurisprudence and legal reasoning, because at a minimum, authoritarianism overlaps with legality's ethic of rule-following and obedience to authority. Authoritarian attitudes about authority and morality also are relevant to the jurisprudential concern with the relation of …

The Moral Decision: Right And Wrong In The Light Of American Law, By Edmond Cahn, W. Friedmann

Indiana Law Journal

No abstract provided.