In TheMorality of Everyday Life, Thomas Fleming offers an alternative to the enlightened liberalism espoused by thinkers as different as Kant, Mill, Rand, and Rawls. Philosophers in the liberal tradition, although they disagree on many important questions, agree that moral and political problems should be looked at from an objective point of view and a decision made from a rational perspective that is universally applied to all comparable cases.
Fleming instead places importance on the particular, the local, and moral complexity. He advocates a return to premodern traditions, such as those exemplified in the texts of Aristotle, the Talmud, and the folk wisdom in ancient Greek literature, for a solution to ethical predicaments. In his view, liberalism and postmodernism ignore the fact that human beings by their very nature refuse to live in a world of universal abstractions.
While such modern philosophers as Kant and Kohlberg have regarded a mother’s self-sacrificing love for her children as beneath their level of morality, folk wisdom tells us it is nearly the highest morality, taking precedence over the duties of citizenship or the claims of humanity. Fleming believes that a modern type of “casuistry” should be applied to these moral conflicts in which the line between right and wrong is rarely clear.
This volume will appeal to students of ethics and classics, as well as the general educated reader, who will appreciate Fleming’s jargon-free prose. Teachers will find this text useful because each chapter is a self-contained essay that could be used as the basis for classroom discussion.
Pillars of Justice explores the purpose and possibilities of life in the law through moving accounts of thirteen lawyers who shaped the legal world during the past half century.
Some, such as Thurgood Marshall, were Supreme Court Justices. Others, like John Doar and Burke Marshall, set the civil rights policies of the federal government during the 1960s. Some, including Harry Kalven and Catharine MacKinnon, have taught at the greatest law schools of the nation and nourished the liberalism rooted in the civil rights era. Jurists from abroad—Aharon Barak, for example—were responsible for the rise of the human rights movement that today carries the burden of advancing liberal values. These lawyers came from diverse backgrounds and held various political views. What unites them is a deep, abiding commitment to Brown v. Board of Education as an exceptional moment in the life of the law—a willingness to move mountains, if need be, to ensure that we are living up to our best selves. In tracing how these lawyers over a period of fifty years used the Brown ruling and its spirit as a beacon to guide their endeavors, this history tells the epic story of the liberal tradition in the law.
For Owen Fiss, one of the country’s leading constitutional theorists, the people described were mentors, colleagues, friends. In his portraits, Fiss tries to identify the unique qualities of mind and character that made these individuals so important to the institutions and legal principles they served.
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