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Ethical realism and the rule of law

Author: Dennis Paling
Publisher: Oisterwijk, The Netherlands : Wolf Legal Publishers, [2017]
Edition/Format:   Print book : English
Summary:
On 5th June 1989 an unknown man stopped the leading tank in a column entering Tiananmen Square, Beijing. His ultimate fate is unknown. His courage reflects the dilemma of brave people faced by the force of authority. The rule of law attempts to control excess of authority, but is often ineffective and illusory. Realist jurisprudence acknowledges that the law is often flawed and unfairly administered and that the  Read more...
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Document Type: Book
All Authors / Contributors: Dennis Paling
ISBN: 9789462403901 9462403902
OCLC Number: 1004728990
Description: iii, 170 pages : illustrations (some color) ; 24 cm
Contents: Introduction --
The blind tutor and the man who became lord chief justice --
The rule of law --
Virtue ethics --
The oxford dilemma --
realism, eithics, positivism --
Those who died for justice --
Realism --
Critical legal studies --
those outside the law --
special branch in oxford --
Ethical realism --
Constitutional Law and freedoms --
Is the rule of law an illusion --
rule of law or rule of authority? --
The criminal law --
by ethical standards there are many faults --
Social problems --
Ethical realism and the common law --
Ethical realism and academic law --
An ethical Law School --
The future of ethical realism --
Europe and the UK --
a rules based system of international law --
peace in the Middle East.
Responsibility: Dennis Paling.

Abstract:

On 5th June 1989 an unknown man stopped the leading tank in a column entering Tiananmen Square, Beijing. His ultimate fate is unknown. His courage reflects the dilemma of brave people faced by the force of authority. The rule of law attempts to control excess of authority, but is often ineffective and illusory. Realist jurisprudence acknowledges that the law is often flawed and unfairly administered and that the rule of law is an illusion. This book discusses the question what then should the individual do? It suggests that ethical realism is a wise approach: acknowledging that in reality the law is flawed, but attempting when possible to do what ethics suggest, applying the classical concept of internal or virtue ethics. This approach has practical applications-- It would be ethical to have a 2 state solution in the Middle East as was resolved by the UN General Assembly in 1947; it would be ethical for the UK to remain in the EEA established by the Treaty of Rome after 48.7% of UK voters wanted to remain and when the 2016 referendum and 2017 legislation referred only to the EU. In the early 1960s I attended the realist jurisprudence lectures at Oxford and came away with a belief that the rule of law is an ideal rather than a reality but a belief that ethics encourage the individual to do what can be done in practice to alleviate failures of the rule of law.

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