Practices and principles : approaches to ethical and legal judgment

Mark Tunick

A Japanese woman living in California attempts parent-child suicide, an ancient Japanese custom called "oyako-shinju," in order to rid herself of shame upon learning that her husband has a mistress. She survives, but her two children are drowned in the attempt. Since her attempt was made in accordance with the standards of Japanese culture, should she be tried by the standards and laws of the United States? Are there universally valid moral principles that dictate what is right? Or are moral judgments culturally relative, ultimately dictated by conventions and practices that vary among societies? In "Practices and Principles", Mark Tunick takes up the debate between universalists and relativists, and, in political philosophy, between communitarians and liberals, each of which has roots in an earlier debate between Kant and Hegel. Tunick focuses on three case studies: promises, contract law, and the Fourth Amendment issue of privacy.In his analysis, he rejects both uncritical deference to social practice and draconian adherence to principles when making legal and ethical judgments. He argues that we do not always need to choose between abstract principles and social practices. Sometimes we appeal to both; sometimes we need to appeal to shared social norms; and sometimes, where there is no ethical community, we can appeal only to principles. Ultimately, Tunick rejects simplified arguments that force us to choose between either practices or principles, universalism or relativism, and liberalism or communitarianism.

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[目次]

  • Ch. 1Introduction Ch. 2Kant versus Hegel Kant's Principle Conception Hegel's Criticism of Kant's Principle Conception Hegel on the Importance of Social Practice Implications Kant or Hegel: Principles without Practice or Principles Immanent in Practice? Ch. 3Promises The Problem Scanlon's Example Principle Conceptions of Promising Scanlon's Principles M and F Conclusion: Practices and the Obligation to Keep Promises Ch. 4Contracts Problems in Contract Law Principles Practices and Principles in Contract Law Ch. 5Privacy The Problem Determining the Reasonableness of Expectations of Privacy: Practice or Principles? Incorporating Practice and Principle in Fourth Amendment Reasonable-Expectation-of-Privacy Analysis: The Mischance Principle Applied Ch. 6Practices, Principles, and Contemporary Political Theory The Role of Social Practice in Ethical and Legal Judging Contemporary Political Theorists on the Role of Social Practice Practices and Principles Practices, Principles, and the Liberal-Communication Debate Practices, Principles, and the Relativism-Universalism Debate Bibliography Index of Cases General Index

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この本の情報

書名 Practices and principles : approaches to ethical and legal judgment
著作者等 Tunick, Mark
出版元 Princeton University Press
刊行年月 2001
ページ数 viii, 242 p.
大きさ 24 cm
ISBN 0691070792
NCID BA51783973
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言語 英語
出版国 アメリカ合衆国
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