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Morality, Politics, and Law

NCJ Number
127132
Author(s)
M J Perry
Date Published
1988
Length
323 pages
Annotation
This book discusses the proper relation of moral beliefs, including moral beliefs religious in character, to politics and law in a morally pluralistic society.
Abstract
The discussion first sketches a particular understanding -- a naturalist or neo-Aristotelian understanding -- of "moral." Two basic problems in the naturalist conception of morality are then discussed: epistemological relativism and anthropological relativism. The truth in both sorts of relativism explains the appeal of the liberal political-philosophical project, i.e., the effort to imagine a politics that is "neutral" or "impartial" among competing conceptions of human good. Such a conception is impossible to achieve, however, because an individual's participation in politics and law is based on personal convictions about human good. The book discusses three problems -- coercive legislation, conscientious disobedience, and constitutional adjudication -- to show that participation in politics and law rests in particular moral/religious convictions. The book argues for a deliberative, transformative politics, as distinct from a politics that is merely manipulative and self-serving. The prime constituent of a deliberative, transformative politics is productive moral discourse with one another. Such discourse is essential in a morally pluralistic society, so as to avoid political and legislative manipulation and repression. Moral discourse in politics and law permits the forging of a society whose norms reflect elements of the moral values of all who participate in its life. Chapter notes, appended supplementary discussions, and a subject index

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