Table of Contents for Tunick, M.: Practices and Principles: Approaches to Ethical and Legal Judgment.

Practices and Principles:
Approaches to Ethical and Legal Judgment
Mark Tunick

TABLE OF CONTENTS:

Ch. 1 Introduction 3
Ch. 2 Kant versus Hegel 19
Kant's Principle Conception 21
Hegel's Criticism of Kant's Principle Conception 30
Hegel on the Importance of Social Practice 34
Implications 43
Kant or Hegel: Principles without Practice or Principles Immanent in Practice? 48
Ch. 3 Promises 50
The Problem 50
Scanlon's Example 54
Principle Conceptions of Promising 58
Scanlon's Principles M and F 83
Conclusion: Practices and the Obligation to Keep Promises 90
Ch. 4 Contracts 96
Problems in Contract Law 96
Principles 104
Practices and Principles in Contract Law 133
Ch. 5 Privacy 137
The Problem 137
Determining the Reasonableness of Expectations of Privacy: Practice or Principles? 144
Incorporating Practice and Principle in Fourth Amendment Reasonable-Expectation-of-Privacy Analysis: The Mischance Principle Applied 172
Ch. 6 Practices, Principles, and Contemporary Political Theory 191
The Role of Social Practice in Ethical and Legal Judging 193
Contemporary Political Theorists on the Role of Social Practice 199
Practices and Principles 204
Practices, Principles, and the Liberal-Communication Debate 209
Practices, Principles, and the Relativism-Universalism Debate 217
Bibliography 223
Index of Cases 235
General Index 237