This volume grew out of my Harvard course on Law and Ethics, subtitled Making the Moral Decision, and is modeled on three earlier books that answered approximately one hundred frequently asked questions and featured approximately fifteen case examples about the insanity defense, and the sexually dangerous, and psychopaths and psychopathy. This book follows a somewhat similar organization to those, though the case examples here are incorporated within the questions and answers, of which there are double the number in the previous books. Many of the case examples are court cases and they are surrounded by explanatory legal and ethical materials. Also, because the answer to each question is self-contained and because readers may choose to explore the book in various ways, some materials are repeated where necessary to answer each question.
Although this volume includes an extensive Bibliography, it does not refer specifically to every listing within the text itself. Intended for the general reader and student, and not for the researcher or the scholar, this volume assists that reader in thinking about legal and moral decision making by presenting varying approaches to the materials. At the same time, it provides a more comprehensive list of references for those who may wish to examine further some aspect of the topics. Everyone who reads this book is encouraged to explore at length the original sources from the U.S. Supreme Court and elsewhere for their interpretations, rationales, and particular styles. It is my hope that this volume will encourage all readers to pursue further the many topics in law and ethics about which we hear and see so much, and which impact so many lives, including our own.
Because the gathering of the materials included in this volume had to rely on reports from a variety of sources, and because those who participated directly in the various cases and examples presented as well as those who commented on and analyzed them, a cautionary note is in order about the material in this book. The facts and the conclusions in all of the topics may interact in limited or biased ways. Facts may lead toward conclusions, or conclusions may require the refitting of facts. The arguments for each side of each of these controversial topics may use facts in a relatively straight-forward way or they may bend them to bolster conclusions drawn with or without them. The inclusion of any individual or organization is not meant to imply that their views are necessarily fully represented. Their inclusion, instead, is meant to signal that this volume attempts to explore as broadly as possible the important topic of moral and legal decision making.
Once again, Alexander Blenkinsopp assisted in the editing of this volume as he had with the three previous books in the Thinking About series. His studies at and degrees from Harvard University and the University of Oxford combined criminology, law, ethics, and social studies; and his prowess in international debate and in written work won him outstanding honors in European competitions as they had in American competitions.
