The Impact of the Law: On Character Formation, Ethical Education, and the Communication of Values in Late Modern Pluralistic Societies

This volume addresses whether, how, and where laws (variously defined) teach values and shape moral character in late modern liberal societies. Each author recognizes the essential value of state law in fostering peace, security, health, education, charity, trade, democracy, constitutionalism, justice, and human rights, among many other moral goods. Each author also recognizes, however, the grave betrayals of law in supporting fascism, slavery, apartheid, genocide, persecution, violence, racism, and other forms of immorality and injustice. They thus call for state laws that set a basic civil morality of duty for society and for robust freedoms that protect private individuals and private groups to cultivate a higher morality of aspiration.

1138603079
The Impact of the Law: On Character Formation, Ethical Education, and the Communication of Values in Late Modern Pluralistic Societies

This volume addresses whether, how, and where laws (variously defined) teach values and shape moral character in late modern liberal societies. Each author recognizes the essential value of state law in fostering peace, security, health, education, charity, trade, democracy, constitutionalism, justice, and human rights, among many other moral goods. Each author also recognizes, however, the grave betrayals of law in supporting fascism, slavery, apartheid, genocide, persecution, violence, racism, and other forms of immorality and injustice. They thus call for state laws that set a basic civil morality of duty for society and for robust freedoms that protect private individuals and private groups to cultivate a higher morality of aspiration.

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The Impact of the Law: On Character Formation, Ethical Education, and the Communication of Values in Late Modern Pluralistic Societies

The Impact of the Law: On Character Formation, Ethical Education, and the Communication of Values in Late Modern Pluralistic Societies

The Impact of the Law: On Character Formation, Ethical Education, and the Communication of Values in Late Modern Pluralistic Societies

The Impact of the Law: On Character Formation, Ethical Education, and the Communication of Values in Late Modern Pluralistic Societies

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Overview

This volume addresses whether, how, and where laws (variously defined) teach values and shape moral character in late modern liberal societies. Each author recognizes the essential value of state law in fostering peace, security, health, education, charity, trade, democracy, constitutionalism, justice, and human rights, among many other moral goods. Each author also recognizes, however, the grave betrayals of law in supporting fascism, slavery, apartheid, genocide, persecution, violence, racism, and other forms of immorality and injustice. They thus call for state laws that set a basic civil morality of duty for society and for robust freedoms that protect private individuals and private groups to cultivate a higher morality of aspiration.


Product Details

ISBN-13: 9783374068012
Publisher: Evangelische Verlagsanstalt
Publication date: 02/01/2021
Pages: 280
Product dimensions: 6.10(w) x 9.00(h) x 0.80(d)

Table of Contents

Preface to the Series Michael Welker John Witte Jr. 9

Acknowledgements 13

Introduction John Witte Jr. 15

Part 1 Does Law Teach Values and Virtues?

Law, Morality, and the Fragility of the Western Legal Tradition Patrick Parkinson 31

Law's Pedagogy in a Pluralistic Society Cathleen Kaveny 43

Challenges and Opportunities

The Effects of (Family) Law Brian H. Bix 55

Frameworks, Practical Reasoning, Social Norms, Controversy, and Slippage

"There Oughta be a Law About this-Not Necessarily" Jean Bethke Elshtain 67

The Limits of Law as a Teacher of Value and Virtues

The Law as Educator? Rüdiger Bittner 83

Part 2 How Does Law Teach Values? Public, Private, and Penal Law Examples

Are Constitutional Courts Civic Educative Institutions? If So, What Do They Teach? James E. Fleming 95

Bigotry, Civility, and Reinvigorating Civic Education Linda C. McCain 109

Government's Formative Task amid Polarization

An Australian Case Study on Law and Values Frank Brennan 127

Debating a Bill of Rights

The German Constitution as Value System Ute Mager 141

Parables about Promises E. Allan Farnsworth 151

Religious Ethics and Contract Enforceability

The Law of Contracts and Ethics Thomas Pfeiffer 165

Interrelation in Spite of Separation

"The True Freedom of the Christian Spirit" Allen Calhoun 177

Martin Luther's Vision of Redistributive Taxation

Teaching Sexual Morality in Church and State Historically and Today John Witte Jr. 193

Part 3 Where Does Law Teach Values: Views from the Bench, Bar, Academy, and Conscience

The Clergy of Liberalism Reid Mortensen 215

Lawyers' Character, Virtue, and Moral Education in Pluralized Societies

Legal Representation and the Character Formation of Lawyers and Clients Robert F. Cochran Jr. 233

Law, Conscience, and Character Formation Robert Vosloo 249

A South African Case Study in Ricoeurian Perspective

Law, Values, and Moral Influence Kenneth John Crispin, QC 263

Contributors 279

Index 281

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