THE RIGHT TO DO WRONG

THE RIGHT TO DO WRONG

MORALITY AND THE LIMITS OF LAW

59,00 €
IVA incluido
Disponible en 2 semanas
Editorial:
HARVARD UNIVERSITY PRESS
Año de edición:
Materia
Fª y Tª del Derecho
ISBN:
978-0-674-36825-5
Páginas:
512
Encuadernación:
Cartoné
59,00 €
IVA incluido
Disponible en 2 semanas

u003cpu003eu003cbu003eCommon morality--in the form of shame, outrage, and stigma--has always been society's first line of defense against ethical transgressions. Social mores crucially complement the law, Mark Osiel shows, sparing us from oppressive formal regulation.u003c/bu003eu003c/pu003e u003cpu003eMuch of what we could do, we shouldn't--and we don't. We have a free-speech right to be offensive, but we know we will face outrage in response. We may declare bankruptcy, but not without stigma. Moral norms constantly demand more of us than the law requires, sustaining promises we can legally break and preventing disrespectful behavior the law allows.u003c/pu003e u003cpu003eMark Osiel takes up this curious interplay between lenient law and restrictive morality, showing that law permits much wrongdoing because we assume that rights are paired with informal but enforceable duties. People will exercise their rights responsibly or else face social shaming. For the most part, this system has worked. Social order persists despite ample opportunity for reprehensible conduct, testifying to the decisive constraints common morality imposes on the way we exercise our legal prerogatives. u003ciu003eThe Right to Do Wrongu003c/iu003e collects vivid case studies and social scientific research to explore how resistance to the exercise of rights picks up where law leaves off and shapes the legal system in turn. Building on recent evidence that declining social trust leads to increasing reliance on law, Osiel contends that as social changes produce stronger assertions of individual rights, it becomes more difficult to depend on informal tempering of our unfettered freedoms.u003c/pu003e u003cpu003eSocial norms can be indefensible, Osiel recognizes. But the alternative--more repressive law--is often far worse. This empirically informed study leaves little doubt that robust forms of common morality persist and are essential to the vitality of liberal societies.u003c/pu003e