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 forms the core idea behind this book, which employs methods from legal theory to inform and examine debates on methodology in applied ethics, particularly bioethics. It is argued that almost all legal methods have counterparts in applied ethics, which indicates that much can be gained from comparative study of the two.
The author first outlines methods as used in legal theory, focusing on deductive reasoning with statutes as well as analogical reasoning with precedent cases. He then examines three representative kinds of contemporary ethical theories, Beauchamp and Childresss principlism, Jonsen and Toulmins casuistry, and two versions of consequentialismSingers preference utilitarianism and Hookers rule-consequentialismwith regards to their methods. These examinations lead to the Morisprudence Model for methods in applied ethics.
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"Paulo's book is perhaps the most sophisticated and illuminating exploration of casuistry available to date. He shows that casuistry, when done properly, is much closer to legal reasoning than other theorists have appreciated. The book also contains the most comprehensive and deep criticism of principlism I have seen." (Allen E. Buchanan, James B. Duke Distinguished Professor of Philosophy and Professor of Law, Duke University, USA) "Norbert Paulo's book is an outstanding treatment of methods in both legal theory and contemporary ethical theory. It contains original and forceful analyses of methods of applied ethics. Everyone interested in methods of applied ethics will want to be familiar with Paulo's arguments and conclusions. The evaluations of Principlism, Casuistry, and Consequentialism are especially noteworthy." (Tom L. Beauchamp, Professor of Philosophy and Senior Research Scholar, Georgetown University, USA)
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2 Ethics, Applied Ethics, and Law |
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Part II Methods in Legal Theory |
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77 | (34) |
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Part III Methods in Contemporary Ethical Theories |
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177 | (32) |
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209 | (28) |
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9 The Morisprudence Model for Applied Ethics |
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237 | (10) |
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Norbert Paulo is a lecturer in practical philosophy at the University of Salzburg, Austria. He holds a PhD in philosophy from Hamburg University, Germany, where he studied both philosophy and law. His primary research concerns applied ethics, ethical theory, philosophy of law, and empirical ethics.
