Author: Tunick, Mark
Title: Practices and Principles : Approaches to Ethical and Legal Judgment
Description: Princeton, Princeton University Press, (1998). orig.cloth. 24x15cm, viii, 242 pp.. Minor rubbing. Binding corner bump. VG. dustwrapper. ¶ Contents: Kant versus Hegel: Kant's Principle Conception; Hegel's Criticism of Kant's Principle Conception; Hegel on the Importance of Social Practice; Implications; Kant or Hegel: Principles without Practice or Principles Immanent in Practice?; Promises; The Problem; Scanlon's Example; Principle Conceptions of Promising; Scanlon's Principles M and F; Conclusion: Practices and the Obligation to Keep Promises; Contracts: Problems in Contract Law; Principles; Practices and Principles in Contract Law; Privacy: The Problem; Determining the Reasonableness of Expectations of Privacy: Practice or Principles? Incorporating Practice and Principle in Fourth Amendment Reasonable-Expectation-of-Privacy Analysis: The Mischance Principle Applied; Practices, Principles, and Contemporary Political Theory; The Role of Social Practice in Ethical and Legal Judging;Contemporary Political Theorists on the Role of Social Practice; Practices and Principles; Practices, Principles, and the Liberal- Communication Debate; Practices, Principles, and the Relativism- Universalism Debate. [" Tunick focuses on three case studies: promises, contract law, and the Fourth Amendment issue of privacy. In his analysis, he rejects both uncritical deference to social practice and draconian adherence to principles when making legal and ethical judgments. He argues that we do not always need to choose between abstract principles and social practices. Sometimes we appeal to both sometimes we need to appeal to shared social norms and sometimes, where there is no ethical community,

Keywords: Sociological Jurisprudence, Immanuel Kant, G.W.F. Hegel, Philosophy of Law, Legal Ethics, , , ,