The Confluence of Philosophy and Law in Applied Ethics
The law serves a function that is not often taken seriously enough by ethicists, namely practicability. A consequence of practicability is that law requires elaborated and explicit methodologies that determine how to do things with norms. This consequence
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The Confluence of Philosophy and Law in Applied Ethics
The Confluence of Philosophy and Law in Applied Ethics
Norbert Paulo
The Confluence of Philosophy and Law in Applied Ethics
Norbert Paulo Department of Social Sciences and Econonics University of Salzburg Salzburg Austria
ISBN 978-1-137-55733-9 ISBN 978-1-137-55734-6 DOI 10.1057/978-1-137-55734-6
(eBook)
Library of Congress Control Number: 2016941229 © The Editor(s) (if applicable) and The Author(s) 2016 The author(s) has/have asserted their right(s) to be identified as the author(s) of this work in accordance with the Copyright, Designs and Patents Act 1988. This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper This Palgrave Macmillan imprint is published by Springer Nature The registered company is Macmillan Publishers Ltd. London
Acknowledgements
I am indebted to many friends, colleagues, and mentors for their inspiration and critique. Special thanks are due to Tom Beauchamp, Ulrich Gähde, and Thomas Schramme for their enduring support. A scholarship by the Heinrich Böll Foundation (Berlin) enabled me to write this book and to spend half a year at Georgetown University’s Kennedy Institute of Ethics during this time. For parts of chapters 7, 8, and 9, I have borrowed from some of my previously published articles. I thank Johns Hopkins University Press and Springer for permission to use material from these articles: ‘Specifying Specification,’ Kennedy Institute of Ethics Journal 26 (2016), 1–28. ‘Casuistry as Common Law Morality,’ Theoretical Medicine and Bioethics 36 (2015), 373–389.
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Contents
Part I Ethics and Law
1
1
The Black Box Problem
3
2
Ethics, Applied Ethics, and Law
11
Part II Methods in Legal Theory
27
3
Norms
33
4
Norm Application
45
5
Norm Development
77
vii
viii
Contents
Part III
Methods in Contemporary Ethical Theories
111
6
Principlism
113
7
Casuistry
177
8
Consequentialism
209
9
The Morisprudence Model for
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