Law, Morality, and the Private DomainAre judges morally accountable? Is legal validity value-free? Do animals have rights? These are some of the questions considered in this collection of essays. Moral problems, argues Professor Raymond Wacks, pervade the legal system, and he shows how the judicial function, the sources of legitimacy, and the protection of rights have an inescapable ethical dimension. The second part of the book focuses on the private domain and the legal concept of privacy. The extent to which the law ought to preserve a distinctly private realm is a pressing concern in our surveillance society in which personal information is increasingly collected, transferred, and stored. This controversial and difficult subject is one into which Professor Wacks, a leading expert in this field, is uniquely qualified to offer important insights. Raymond Wacks' analysis will be of interest not only to lawyers, legal philosophers, and students of law, but also to the general reader seeking an understanding of the jurisprudential underpinning of rights and moral values, their legal recognition, and practical application. |
Contents
What Is the Judicial Function? | 25 |
Can a Judge Be Just in an Unjust Legal System? | 47 |
Are Judges Morally Accountable? | 91 |
Copyright | |
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African Law Journal Amendment analysis animals apartheid appears argues argument Article autonomy Basic Law basic norm Cambridge claim Clarendon Press Clipper Chip Committee common law communitarian concept of privacy concern constitutional Critical Legal Studies data protection decision Declaration defamation Dugard duty Dworkin effective encryption Essays exercise free speech Grundnorm H Kelsen Hart Hong Kong Human Rights Ibid injustice international law Internet interpretation invasion of privacy issue John Dugard Joseph Raz judges jurisdiction justice Kong's Law Review lawyers legal order legal positivism legal system legislation legitimacy liberal liberty London MacCormick moral National People's Congress personal data personal information plaintiff political positivist principles problems Prosser protection of privacy provides Pure Theory question Raymond Wacks recognize requires resignation right to privacy Ronald Dworkin rule of recognition social society South African Law South African legal statute suggests Theory of Law tort unjust utilitarian validity Warren and Brandeis