From the bottom up : selected essays / Kent Greenawalt.
2016
K212 .G74 2016 (Map It)
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Details
Title
From the bottom up : selected essays / Kent Greenawalt.
Published
Oxford, UK ; New York, NY : Oxford University Press, [2016]
Call Number
K212 .G74 2016
ISBN
9780199756162 (hardcover ; alk. paper)
0199756163 (hardcover ; alk. paper)
0199756163 (hardcover ; alk. paper)
Description
vi, 529 pages ; 24 cm
System Control No.
(OCoLC)927166120
Bibliography, etc. Note
Includes bibliographical references (pages 465-516) and index.
Available in Other Form
Online version: Greenawalt, Kent, 1936- From the bottom up. New York : Oxford University Press, [2016] 9780199842421 (DLC) 2015042475
Record Appears in
Table of Contents
Introduction
1
pt. I
BASES FOR LAW, INCLUDING PUBLIC REASONS, OTHER POSSIBLE GROUNDS SUCH AS RELIGIOUS CONVICTIONS AND NATURAL LAW; AND THE EDGES OF LAW
1.
What Are Public Reasons?
15
2.
On Religion and Politics in Liberal Democracies
27
3.
Religion and Public Reasons: Making Laws and Evaluating Candidates
43
4.
How Persuasive Is Natural Law Theory?
59
5.
Natural Law and Public Reasons
83
6.
Hart's Rule of Recognition and the United States
96
7.
Too Thin and Too Rich: Distinguishing Features of Legal Positivism
114
pt. II
LAW AND OBJECTIVITY; ENFORCEMENT, UNDERSTANDING, AND OBEDIENCE
8.
Legal Enforcement of Morality
135
9.
Law and Objectivity: How People Are Treated
149
10.
How Empty Is the Idea of Equality?
184
11.
"Prescriptive Equality": Two Steps Forward
200
12.
From the Bottom Up
221
13.
Distinguishing Justifications from Excuses
254
14.
Promise, Benefit, and Need: Ties that Bind Us to the Law
273
pt. III
APPROACHING SOME KEY ISSUES ABOUT LAW AND LIBERTY: CRIMINAL PROHIBITIONS, FREEDOM OF EXPRESSION, AND FREEDOM OF RELIGION
15.
Punishment
303
16.
Vice of Its Virtues: The Perils of Precision in Criminal Codification, as Illustrated by Retreat, General Justification, and Dangerous Utterances
320
17.
"Clear and Present Danger" and Criminal Speech
337
18.
Free Speech Justifications
356
19.
Insults and Epithets: Are they Protected Speech?
387
20.
Five Questions about Religion Judges Are Afraid to Ask
401
21.
Religious Toleration and Claims of Conscience
437
Index
517