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Hart Positivism and the Separation of Law and Morals

Hart Positivism and the Separation of Law and Morals

It is impossible to read without sympathy Radbruch's passionate demand that the German legal conscience should be open to the demands of morality and his complaint that this has been too little the case in the German tradition. On the other hand there is an extraordinary naivete in the view that insensitiveness to the demands of morality and subservience to state power in a people like the Germans should have arisen from the belief that law might be law though it failed to conform with the minimum requirements of morality. Rather this terrible history prompts inquiry into why emphasis on the slogan "law is law," and the distinction between law and morals, acquired a sinister character in Germany, but elsewhere, as with the Utilitarians themselves, went along with the most enlightened liberal attitudes. But something more disturbing than naivete is latent in Radbruch's whole presentation of the issues to which the existence of morally iniquitous laws give rise. It is not, I think, uncharitable to say that we can see in his argument that he has only half digested the spiritual message of liberalism which he is seeking to convey to the legal profession. For everything that he says is really dependent upon an enormous overvaluation of the importance of the bare fact that a rule may be said to be a valid rule of law, as if this, once declared, was conclusive of the final moral question: "Ought this rule of law to be obeyed?" Surely the truly liberal answer to any sinister use of the slogan "law is law" or of the distinction between law and morals is, "Very well, but that does not conclude the question. Law is not morality; do not let it supplant morality."
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The Emotional Construction of Morals Jan 2008 pdf

The Emotional Construction of Morals Jan 2008 pdf

Imagine a woman named Mary who was never exposed to any moral education while she was growing up, but her other cognitive capacities developed normally. She is now an intelligent adult. Imagine that Mary has no intact innate moral attitudes. She doesn’t feel guilty or indignant about anything. But she decides that she wants to learn what morality is all about, so she coops herself up in a room with masterworks by Kant, Mill, and other normative ethicists. She learns their theories, and she becomes very adept at identifying the kinds of considerations that they bring to bear. For any action that she considers, Mary is able to determine (a) whether it would maximize utility and (b) whether it would lead to any practical contractions if it were pursued by all agents. Indeed, she can discern any of the facts emphasized by leading normative theories. Now here’s the crucial question. Suppose Mary discovers that doing X will in fact maximize utility. Is that sufficient for her knowing that doing X is morally right? Can she wonder whether X is morally required even though she knows that it maximizes utility? The answer is obvious. Mary can wonder. She may be totally unsure about whether X is an action that morality demands. Suppose Mary also contemplates another course of action Y. She knows that doing Y would lead to a practical contradiction if everyone did it; perhaps it requires using another person as a means rather than as an end. Kant would say Y is morally wrong, but Mary can wonder. She knows that Y is practically irrational, but she doesn’t know whether it is immoral. Suppose the Kantian and Millian recommendations for action come into conflict. Can Mary decide which option is morally superior? Certainly not. Mary began her training wondering what people are talking about when they moralize, and she is still in the dark; reading normative ethics books proved fruitless. Intuitively, Mary can be a perfect detector of the features that normative ethicists identify as the basis of morality, and she can have no idea whether those features have any moral significance.
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Hart Positivism and the Separation of Law and Morals

Hart Positivism and the Separation of Law and Morals

It is impossible to read without sympathy Radbruch's passionate demand that the German legal conscience should be open to the demands of morality and his complaint that this has been too little the case in the German tradition. On the other hand there is an extraordinary naivete in the view that insensitiveness to the demands of morality and subservience to state power in a people like the Germans should have arisen from the belief that law might be law though it failed to conform with the minimum requirements of morality. Rather this terrible history prompts inquiry into why emphasis on the slogan "law is law," and the distinction between law and morals, acquired a sinister character in Germany, but elsewhere, as with the Utilitarians themselves, went along with the most enlightened liberal attitudes. But something more disturbing than naivete is latent in Radbruch's whole presentation of the issues to which the existence of morally iniquitous laws give rise. It is not, I think, uncharitable to say that we can see in his argument that he has only half digested the spiritual message of liberalism which he is seeking to convey to the legal profession. For everything that he says is really dependent upon an enormous overvaluation of the importance of the bare fact that a rule may be said to be a valid rule of law, as if this, once declared, was conclusive of the final moral question: "Ought this rule of law to be obeyed?" Surely the truly liberal answer to any sinister use of the slogan "law is law" or of the distinction between law and morals is, "Very well, but that does not conclude the question. Law is not morality; do not let it supplant morality."
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CHRISTIAN-MUSLIM MORALITY AND FUNDAMENTALISM: The Ethical Perspectives of Karl Barth, and Hasan al-Banna

CHRISTIAN-MUSLIM MORALITY AND FUNDAMENTALISM: The Ethical Perspectives of Karl Barth, and Hasan al-Banna

Abstract: The article explores Karl Barth and Hasan al-Banna ideas on ethics as the guidance for communal life. Barth emphasizes the command of God as the fundamental theology of Christian values. The prominent German theologian functions as the pivotal scholar in Christian evangelical stream. While al-Banna underlines the centrality of Islamic Sharia to reform Muslim life under colonial circumstances. As it is for Barth in the Christian side, Banna thought influences fundamentalist groups in many Muslim majority countries such as Egypt, Indonesia and many more. Using a comparative study method, the article concludes that both scholars focus on how scriptures function as the funda- mental value for human understanding of social and spiritual life. Although they shared similar issues, Barth, on the one hand, focuses more on how Christianity resist liberalism through the complete acceptance of the holy spirit role in Christian life. Banna, on the other hand, pay more attention to the application of Islamic values as the weapon to fight colonialism.
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Budaya Makanan Dan Pemakanan Halal Dalam

Budaya Makanan Dan Pemakanan Halal Dalam

Menurut Kamus Besar Bahasa Melayu , makanan adalah rezki, nafkah, habuan perut, juadah, panganan, sajian, hidangan, santapan. 98 Dalam Kamus Dewan , ia ditakrifkan sebagai apa sahaja yang boleh dimakan seperti nasi, roti dan lain- lain. 99 Dalam bahasa Arab disebut al-ta`am (jamak al-at`imah ), iaitu sesuatu yang diambil oleh manusia dan hidupan lain sebagai keperluan asasi demi kelangsungan hidup. 100 Dalam bahasa Inggerisnya food dihuraikan sebagai (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any other such article . 101 Justeru makanan merupakan setiap yang dimakan sama ada dalam bentuk pepejal ataupun cecair bagi mendapatkan tenaga dan kesihatan fizikal. 102
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HUMANITY AND MORALITY REFLECTED IN LOUISA MAY ALCOTT’S LITTLE WOMEN NOVEL (1868): A  Humanity and morality reflected in louisa may alcott’s little women novel (1868): a sociological approach.

HUMANITY AND MORALITY REFLECTED IN LOUISA MAY ALCOTT’S LITTLE WOMEN NOVEL (1868): A Humanity and morality reflected in louisa may alcott’s little women novel (1868): a sociological approach.

The aim of this research is to analyze how the humanity and morality are expressed in the novel by using sociological approach. The objectives of the research are to analyze the novel based on the structural elements and to analyze the novel based on sociological approach. This research uses qualitative research. Data of the research are divided into two, primary data and secondary data. The primary data of the research is Little Women novel and secondary data of the research are other materials related to the study. The result of the study shows the following conclusion. Based on the analysis it shows that there is a close relation between the novel and the social reality in the second half of the nineteenth century. Louisa May Alcott wants to show that humanity and morality values are important in social life, because it can make the harmonious relation between one and the others.
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HUMANITY AND MORALITY REFLECTED IN LOUISA MAY ALCOTT’S LITTLE WOMEN NOVEL (1868): A SOCIOLOGICAL  Humanity and morality reflected in louisa may alcott’s little women novel (1868): a sociological approach.

HUMANITY AND MORALITY REFLECTED IN LOUISA MAY ALCOTT’S LITTLE WOMEN NOVEL (1868): A SOCIOLOGICAL Humanity and morality reflected in louisa may alcott’s little women novel (1868): a sociological approach.

Approach. Types of the Data and the Data Source of the research are the primary data sources are taken from Louisa May Alcott ‟s Little Women novel. The secondary data sources from other sources related to the study, such as website, dictionary and books that support the analysis. Technique of Data Collection the researcher used some methods of collecting data. The methods are as follows: Reading and understanding the novel, reading some other resources related to the novel, giving marks to particular parts in the novel which are considered important for the analysis, taking notes for important parts both in primary and secondary data sources, classifying the data into categories and developing them into a good unity, and drawing conclusion and formulate its pedagogical suggestion.
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Welcome to Repositori Universitas Muria Kudus - Repositori Universitas Muria Kudus

Welcome to Repositori Universitas Muria Kudus - Repositori Universitas Muria Kudus

Nguyen M T. Basuray William P. Smith Donald Kopka Donald McCulloh. 2007. Moral Issues and Gender Differences in Ethical Judgment using Reidenbach and Robin’s (1990) Multidimensional Ethics Scale: Implications in Teaching of Business Ethics. Journal of Business Ethics (2008) 77:417 – 430.

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MODUL PENDIDIKAN LINGKUNGAN SOSBUD DAN TEKNOLOGI FINAL

MODUL PENDIDIKAN LINGKUNGAN SOSBUD DAN TEKNOLOGI FINAL

particular persons. This is due, in the main, to the brevity and uncertainty of life; but it also comes from the fact that men are lazy and bent on pleasure. Every generation attains, on its hasty passage through existence, just so much of human knowledge as it needs, and then soon disappears. Most men of learning are very superficial. Then follows a new generation, full of hope, but ignorant, and with everything to learn from the beginning. It seizes, in its turn, just so much as it can grasp or find useful on its brief journey and then too goes its way. How badly it would fare with human knowledge if it were not for the art of writing and printing! This it is that makes libraries the only sure and lasting memory of the human race, for its individual members have all of them but a very limited and imperfect one. Hence most men of learning as are loth to have their knowledge examined as merchants to lay bare their books.
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UPAYA PENERAPAN MODEL PEMBELAJARAN KOOPERATIF TIPE TEAM GAMES TOURNAMENT (TGT) UNTUK MENINGKATKAN HASIL BELAJAR AQIDAH AKHLAK SISWA KELAS V POKOK BAHASAN AKHLAK TERPUJI MI NURUL ULUM TUNGGANGRI KALIDAWIR TULUNGAGUNG TAHUN AJARAN 2014 2015 - Institutional

UPAYA PENERAPAN MODEL PEMBELAJARAN KOOPERATIF TIPE TEAM GAMES TOURNAMENT (TGT) UNTUK MENINGKATKAN HASIL BELAJAR AQIDAH AKHLAK SISWA KELAS V POKOK BAHASAN AKHLAK TERPUJI MI NURUL ULUM TUNGGANGRI KALIDAWIR TULUNGAGUNG TAHUN AJARAN 2014 2015 - Institutional

This type of research is classroom action research because the problem is solved comes from classroom practice. Implementation process itself includes: (1) Develop a planning (planning), (2) Implement the action (acting), (3) Observation (observing) and (4) Reflection (reflection). Data collection technique is a method of testing, observation, interviews, field notes, and documentation.

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Development of Aqidah-Morals Comic To Increase Reading Interest and Student Results Fourth Grade Primary School - Repository Universitas Muhammadiyah Sidoarjo

Development of Aqidah-Morals Comic To Increase Reading Interest and Student Results Fourth Grade Primary School - Repository Universitas Muhammadiyah Sidoarjo

Comics as a tool that serves as media learning to express a learning message. Learning in this context refers to a process of communication between learner and learning resources. Comics have a simple nature, clear, easy to be understood by students (Novianti & Syaichudin, 2010). Comic educational value in the learning process is no doubt, according to Sudjana and Riva (2002) states comic in teaching and learning can increase studying interest and give an appreciation for the readers. More specifically comics can be defined as a form of cartoon that reveals the character and act out a story, in a sequence that is closely linked to the image and is designed to provide entertainment to the readers. (Sudjana and Riva, 2002: 64).
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INTRODUCTION  Morality In George Bernard Shaw's Man and Superman Drama (1903): A Sociological Approach.

INTRODUCTION Morality In George Bernard Shaw's Man and Superman Drama (1903): A Sociological Approach.

and then to Dublin’s Central Model School, ending his formal education at the Dublin English Scientific and Commercial Day School. At the age of 15 he started to work as a junior clerk. In 1876 he want to London, joining his sister and mother. Shaw did not return to Ireland for nearly thirty years. Shaw began his literary career by writing music and theatre criticism, and novels, including the semi autobiography immatury without much success. In 1884 Shaw joined the Fabian Society, a middle-class social group and served on its executive commite from 1885 to 1911.
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Interaction effects of reward scheme and identity on budgetary slack: the perspective of morality.

Interaction effects of reward scheme and identity on budgetary slack: the perspective of morality.

The differences of slack in the cells on table 2 show significant results. The lowest mean of slack found in subjects receiving truth inducing scheme and has a high internalization. The results of this research show that the truth inducing scheme has a mechanism that can make the subject think that its reward scheme providing barriers to be able to do the slack. Rewards that are variable for the proposed targets and an additional reward for the achievement of performance exceeding the target will motivate the subject to propose a budget that is almost the same performance with real ability. Sanctions should be accepted when the performance of the proposed budget is not reached will make the subject motivated to achieve the budgeted target.
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A Dangerous Fortune Free download ebook

A Dangerous Fortune Free download ebook

He returned to the main drawing room. Looking more closely at the furniture, he could see that it was quite tawdry: there were stains on the velvet upholstery and burn marks on the polished wood, and the carpets were worn and ripped. Beside him a drunk man was on his knees, singing to a whore, while two of his friends laughed uproariously. On the next couch a couple were kissing with their mouths open. Hugh had heard that people did this but he had never seen it. He watched, mesmerized, as the man unbuttoned the front of the woman’s dress and started to caress her breasts. They were white and flabby, with big dark-red nipples. The whole scene aroused and revolted Hugh at the same time. Despite his distaste, his prick grew hard. The man on the couch bent his head to the woman’s bosom and began to kiss her breasts. Hugh could not believe what he was seeing. The woman looked over the top of the man’s head, caught Hugh’s eye, and winked.
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ALLMERS’ AND RITA’S MORALITY IN HENRIK IBSEN’S LITTLE EYOLF

ALLMERS’ AND RITA’S MORALITY IN HENRIK IBSEN’S LITTLE EYOLF

of human morality and presents a constant conversation regarding the inherent people ’s vice and virtue. This thesis studies about the morality of Allmers’ and Rita’s character. It analyses Allm ers’ and Rita’s morality , how they render their moral to their child, and what motivates them to gain their morality as well as how their morality affects their life. This thesis analyses about Allmers’ and Rita’s morality, the impacts o f Allmers’ and Rita’s morality toward Eyolf, and the influences of Eyolf’s death toward Allmers’ and Rita’s life.
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Morality, culture, and history pdf

Morality, culture, and history pdf

so relentlessly hermetic that it is in principle impossible for potential auditors to hear the piece 'from the inside' with un­ derstanding at all ( although, of course, there might well be significant features that weren't audible and comprehensible even to well-trained auditors even on repeated hearings) . Sec­ ond, a significant form is one that enlightens us about some fundamental features of our world, our society, and our life (in addition, of course, to what it tells us about all previous music) . It doesn't, of course, 'enlighten' us by formulating or com­ municating a distinct propositional content, but it must, Adorno thinks, be seen in the context of trying to come to terms cognitively with our world and society. That is, art has a certain autonomy - in the modern period it follows its own laws that are not simply dictated to it by some other authority (such as the Church) - but it also isn't, or at least shouldn't be, 'self-contained' and sheerly self-referential. Rather for Adorno a significant work of art must have what he calls a 'truth con­ tent' ( Wahrheitsgehalt) .6 This notion of the 'truth content' of a work of art is inherently extremely obscure but it is absolutely central to his theory. This 'truth', which doesn't and can't have strictly propositional form, is in one sense always the same for all works of art, just as, Adorno says (AT 1 93 ), the answer to the question of the Sphinx is always the same: Our society deserves to be criticized for failure to live up to utopian expectations which it could in principle fulfil. One major difficulty for Adorno's view is how to put together these two ideas, first that art is autonomous and second that it shouldn't just have wider social and cultural ( and political) 'significance' but should spe­ cifically tell a critical truth about our society. Works of art are ideally trying to instantiate an original and unique, 'new' kind of form, which they give themselves, while thereby criticizing society. The form of the work of art is both an original self-given configuration and the vehicle of profound social criticism. 7 Adorno would have been very resistant to the idea that this conj unction of aesthetic autonomy and social criticism was an
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Morality and Self Interest Dec 2007 pdf

Morality and Self Interest Dec 2007 pdf

In Human Morality I developed an account of the relation between morality and the standpoint of the individual agent that was meant to be sensitive to all of these considerations. According to that account, the relation between morality and self-interest is best described as one of potential congruence. This notion involves three constituent ideas. The fi rst is that, although moral requirements do not always coincide with the individual agent’s interests, moral norms serve to regulate the con- duct of human beings, and their content is constrained by their regulative role, in the sense that they must be capable of being integrated in a coherent and attractive way into an individual human life. The second idea is that, despite the undeniable strength of self-interested motives, powerful motivations that are responsive to moral considerations can also emerge during the course of an individual’s development, motivations that are deeply rooted in the structure of the individual’s personality. These motivations help to shape the interests of those who possess them, and while their presence does not guarantee that confl icts between moral demands and the agent’s interests will never arise, it does reduce the frequency of such confl icts, and moral motivations do not normally work to the long-term disadvantage of their pos- sessors. The third idea is that it is, to a large extent, a practical social task—and a practicable social goal—to achieve a degree of fi t between what morality demands and what people’s motivational resources can supply. This is because what morality demands depend on the state of the world in morally relevant respects, and what a person is motivated to do depends on how the person has been educated and social- ized. These factors in turn are dependent, in obvious ways, on the institutional struc- ture and broader practices of the society in which one lives.
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Art and Morality Jan 2003 pdf

Art and Morality Jan 2003 pdf

The issue is particularly pressing for someone who thinks, along the lines I suggested at the beginning of this paper, that it would be profitable to explore these issues by analysing some of the key concepts that can be deployed in both ethical and aesthetic evaluation. The applicability of several of these concepts seems to presuppose one or other (or indeed both) the background assumptions that it would seem we have to forswear. Tanner’s analysis makes the point for the concept of sentimentality. It seems even clearer for the concept of decadence. This concept seems to have two dimensions, and correspondingly two domains of applicability. It can be applied to individu- als (whether persons or works of art) and thereby connotes a state of moral decay that it is most natural to view as a falling away from a state of moral excellence. It is not clear how we can make sense of this dimension of the concept of decadence without the counterpoint of an ethico-aesthetic ideal. The second dimension of the concept seems pretty historicist. It is hard to see how to understand the decadence of a culture or artistic movement with- out contrasting it with a golden period of flourishing and excellence – as Nietzsche so memorably did in The Birth of Tragedy in his unfavourable com- parison of the tragedies of Euripides with those of Aeschylus, and his con- comitant comparison of the two societies within which they were embedded. What I will be exploring in this chapter is whether we need, and indeed whether there is any chance of obtaining, what might be termed a formal con- cept of decadence – that is to say, a concept of decadence that can be deployed in thinking about the moral dimension of art and yet that brings with it a minimum of prescription, whether overtly historical and tacitly moralistic or overtly moralistic and tacitly historical. We need to begin, though, by review- ing the raw materials we have at our disposal to obtain an overview of the principal ways in which the concept has been deployed within criticism. In particular I would like to highlight two central roles that the concept of decadence has been called upon to play. The first is its role as a more or less descriptive term to characterise a particular period in literary history. The second is its role as a descriptive-evaluative term in particular approaches to history (most prominently cultural history or the history of particular art forms, but also, as we shall see, in such surprising areas as the history of philosophy). There are, of course, vital overlaps and family resemblances 1111
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ALLMERS' AND RITA'S MORALITY IN HENRIK IBSEN'S LITTLE EYOLF (MORALITAS ALLMERS DAN RITA DALAM KARYA HENRIK IBSEN “LITTLE EYOLF”)

ALLMERS' AND RITA'S MORALITY IN HENRIK IBSEN'S LITTLE EYOLF (MORALITAS ALLMERS DAN RITA DALAM KARYA HENRIK IBSEN “LITTLE EYOLF”)

have good will for the others after Eyolf’s died. Secondly, theory of duty is an act in morally right way, and people must act for the sake of duty. Mr. Allmers’ and Rita do not have good duty as Eyolf’s parents because they never care about him. So, they do not have perfect duties but in the end of the play, Allmers and Rita become caring with other children after Eyolf died. Thirdly, reason and freedom are part of ethical theory by Immanuel Kant. We find that the more a cultivated reason applies itself with deliberate purpose to the enjoyment of life and happy, so much the more does the man fail of true satisfaction. Reason is not competent to guide the will with certainty in regard to its objects and the satisfaction of all our wants and freedom is an idea of reason that serves an indispensable practical function. Lastly, consciousness of self (apperception) is the simple representation of the ego and if by means of that representation alone, all the kind representations in the subject were spontaneously given, and then our internal intuition would be intellectual. However, this theory is relevant with Mr. Allmers’ and Rita’s’ morality have.
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2009 korea shaping morality through art and cultur

2009 korea shaping morality through art and cultur

The creation process of art,viewed from its outcome, can stimulate emphaty, tolerance, democracy, civilization, and harmony of life in a heterogeneous society. What is meant by cultural art as media of moral shaping through process of art is that art creation needs certain skills, where someone needs a long process of practice to achieve those skills. In the process of practice, someone needs discipline and perseverance, so it can be said that art can form perseverance and discipline attitude. Besides that, it is not rare that art is performed in a group such as music ensemble, opera, and dance. To perform an art in that way, it is needed cooperation, tolerance, democracy, emphaty, harmony, and mutual respects. Thus, it can be said that arts can increase someone's awareness to cooperate, to respect one another, and to be emphatic (Astuti,2003-281).
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