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  1. added 2019-03-17
    The Problem of Culturally Normal Belief.Susanna Siegel - forthcoming - In Robin Celikates, Sally Haslanger & Jason Stanley (eds.), Ideology: New Essays. Oxford University Press.
    This paper defends an analysis of the epistemic contours of the interface between individuals and their cultural milieu.
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  2. added 2019-03-08
    Law's Meaning.Brian Slattery - 1996 - Osgoode Hall Law Journal 34:553-81.
    It is often thought that the meaning of a legal provision must reside in the minds of its authors or its interpreters, or a combination of the two. Indeed, the point may seem so obvious that it scarcely needs any justification. Is there any sense, then, in the claim sometimes made by judges that a law has a meaning of its own, one that is distinct from the intentions of authors and interpreters alike? At first sight, the claim appears extravagant (...)
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  3. added 2018-09-19
    Issues with the Judicial System: A Philosophical and Psychological Approach.Manish Nagireddy - manuscript
    What factors affect judicial decision-making? The legal system is of utmost importance because of its impact on our lives. Judges appear to have the most power among any social workers seeing as the precedents set in their decisions are tantamount to written law. Nevertheless, judges may be subject to certain biases, moral and cognitive alike, which influence their rulings. Looking into how morality and cognitive biases affect judges may also reveal how we as individuals handle combining morals with ethics- as (...)
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  4. added 2018-05-29
    From Indignation to Norms Against Violence in Occupy Geneva: A Case Study for the Problem of the Emergence of Norms.Frédéric Minner - 2015 - Social Science Information 54 (4):497-524.
    Why and how do norms emerge? Which norms emerge and why these ones in particular? Such questions belong to the ‘problem of the emergence of norms’, which consists of an inquiry into the production of norms in social collectives. I address this question through the ethnographic study of the emergence of ‘norms against violence’ in the political collective Occupy Geneva. I do this, first, empirically, with the analysis of my field observations; and, second, theoretically, by discussing my findings. In consequence (...)
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  5. added 2018-04-03
    The Distinctiveness of Appellate Adjudication.Heidi Li Feldman - 2012 - Washington University Journal of Jurisprudence 5:61-105.
    This paper concerns two topics which, I hope to show, are vitally connected. One is the distinctive importance of appellate adjudication in the legal system of United States. The other is the workings of entangled concepts in the law. That appellate adjudication is important in some sense may seem obvious to everybody (to a few it will seem obvious that appellate adjudication is unimportant). My point will be that via appellate adjudication courts engineer entangled legal concepts, and it is this (...)
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  6. added 2018-04-02
    A Theory of Judicial Constitutional Design.Roberto Mancilla - 2017 - International Journal of Political Theory 2 (1):64-88.
    The purpose of this paper is to describe how judges engage in constitutional design, irrespective of legal tradition. I examine in great detail the role of the judge: as a conflict solver, as a member of an institution, as part of the political system and as a human being, for those are factors that intervene in the activities he makes. I later analyze the dynamics that a Constitution can have: the change in their structure conceptualized as interpretation, mutation and resistance (...)
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  7. added 2018-03-24
    Hohfeld's Arc.Mark Andrews - manuscript
    The eight jural relations defined by Wesley Hohfeld unite the many legal relationships that exist in American law. Together they are all part of a single structure, and this structure forms both a normal curve and a square of opposition. The two images express the process of legal analysis.
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  8. added 2017-09-10
    The Adversary System: Who Needs It?Edmund Byrne - 1986 - In M. Davis and F. A. Elliston (ed.), Ethics and the Legal Profession. Buffalo, NY: Prometheus. pp. 204-215.
    -/- [Posted here is article as originally published (same title) in ALSA Forum VI (1982) pp. 1-17 plus rebuttal by Thomas D. Barton, pp. 18-22].
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  9. added 2017-09-05
    In Defence of Two-Step Balancing and Proportionality in Rights Adjudication.Charles-Maxime Panaccio - 2011 - Canadian Journal of Law and Jurisprudence 24 (1):109-128.
    Two-step proportionality-balancing [TSPB] has become the standard method for human and constitutional rights decision-making. The first step consists in determining whether a rights-provision has been infringed/limited; if the answer to that first question is positive, the second step consists in determining whether the infringement/limit is reasonable or justified according to a proportionality analysis. TSPB has regularly been the target of some criticism. Critiques have argued that both its ‘two-step’ and ‘proportionality’ elements distort reality by promoting a false picture of rights (...)
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  10. added 2017-05-27
    Legal Oughts, Normative Transmission, and the Nazi Use of Analogy.Carolyn Benson & Julian Fink - 2012 - Jurisprudence 3 (2):445-463.
    In 1935, the Nazi government introduced what came to be known as the abrogation of the pro- hibition of analogy. This measure, a feature of the new penal law, required judges to stray from the letter of the written law and to consider instead whether an action was worthy of pun- ishment according to the ‘sound perception of the people’ and the ‘underlying principle’ of existing criminal statutes. In discussions of Nazi law, an almost unanimous conclusion is that a system (...)
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  11. added 2017-05-22
    Law, Virtue, and Justice (Law and Practical Reason). [REVIEW]Jason Cruze - 20016 - Journal of Moral Philosophy 13 (6):743-746.
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  12. added 2017-02-15
    The Methods of Normativity.Hass Binesh - 2017 - Canadian Journal of Law and Jurisprudence 30 (1):159.
    This essay is an examination of the relationship between phenomenology and analytic method in the philosophy of law. It proceeds by way of a case study, the requirement of compliance in Raz’s theory of mandatory norms. Proceeding in this way provides a degree of specificity that is otherwise neglected in the relevant literature on method. Drawing on insights from the philosophy of art and cognitive neuroscience, it is argued that the requirement of compliance is beset by a range of epistemological (...)
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  13. added 2017-01-17
    Autonomous Weapons and the Nature of Law and Morality: How Rule-of-Law-Values Require Automation of the Rule of Law.Duncan MacIntosh - 2016 - Temple International and Comparative Law Journal 30 (1):99-117.
    While Autonomous Weapons Systems have obvious military advantages, there are prima facie moral objections to using them. By way of general reply to these objections, I point out similarities between the structure of law and morality on the one hand and of automata on the other. I argue that these, plus the fact that automata can be designed to lack the biases and other failings of humans, require us to automate the formulation, administration, and enforcement of law as much as (...)
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  14. added 2016-11-23
    Adjudication.Ben Eggleston - 2013 - In James E. Crimmins (ed.), The Bloomsbury Encyclopedia of Utilitarianism. Bloomsbury Publishing. pp. 6-8.
    A short (about 1,000 words) overview of adjudication, describing the standard view (judges should just apply the law, when possible) and two goal-oriented views: wealth maximization and the maximization of well-being – i.e., utilitarian adjudication.
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  15. added 2016-04-24
    Parsing the Reasonable Person: The Case of Self-Defense.Andrew Ingram - 2012 - American Journal of Criminal Law 39 (3):101-120.
    Mistakes are a fact of life, and the criminal law is sadly no exception to the rule. Wrongful convictions are rightfully abhorred, and false acquittals can likewise inspire outrage. In these cases, we implicitly draw a distinction between a court’s finding and a defendant’s actual guilt or innocence. These are intuitive concepts, but as this paper aims to show, contemporary use of the reasonable person standard in the law of self-defense muddles them. -/- Ordinarily, we can distinguish between a person's (...)
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  16. added 2016-03-26
    Psychopathy, Genes, and the Criminal Justice System.Paula Kim - 2014 - The Columbia Science and Technology Law Review 15:375-400.
    This Note examines whether, and at which stages, a criminal defendant should be permitted to offer genetic evidence of a predisposition to psychopathy. Drawing on multidisciplinary sources, including the work of legal scholars, neurobiologists, psychologists, and medical researchers, the Note discusses psychopathy, its symptoms, and how it is measured, along with the proposed genetic and environmental causes of the disorder. The Note then examines current evidence rules and trends in the admissibility of genetic evidence at the guilt/innocence phase of criminal (...)
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  17. added 2016-03-03
    Counterfactuals and the Law.Simon Beck - 1993 - South African Journal of Philosophy 12 (3).
    This article is concerned with the place counterfactual reasoning occupies in South African law, and how philosophy might be able to help the law. I point out some of the more important and unavoidable uses of counterfactual reasoning in our law. Following this I make some suggestions as to how philosophy, and especially informal logic, can be of help to the law. Finally, I make some suggestions as to how the law in turn can help philosophy.
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  18. added 2015-09-14
    Elementos doctrinales para el estudio de la argumentación como eje del control judicial.Ivan Vargas-Chaves - 2014 - Prolegómenos 16 (32):235-246.
    En el presente artículo se examinan varias propuestas que abordan la argumentación como un ejercicio válido y necesario de control judicial; ello, a través del estudio de diversos elementos doctrinales, como lo son la representación democrática argumentativa, la interpretación previa y la debida justificación de las decisiones, así como la ponderación y la aplicación de los principios, entre otros. Al margen de lo anterior, nuestra intención no es otra sino la de presentar una descripción del estado del arte de dichas (...)
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  19. added 2015-08-12
    A Critique of Critical Legal Studies' Claim of Legal Indeterminacy.Ian Carlo Dapalla Benitez - 2015 - Lambert Academic Publishing.
    This paper challenges the Critical Legal Studies (CLS) claims of legal indeterminacy. It shall use a legal formalist logic and language as its main assertion, further maintaining that the CLS claims is only grounded in ambiguity and confusion. CLS is a legal theory that challenges and overturns accepted norms and standards in legal theory and practice. They maintained that law in the historical and contemporary society has an alleged impartiality, and it is used as a tool of privilege and power (...)
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  20. added 2015-08-04
    Is It Possible to Provide Evidence of Insufficient Evidence? The Precautionary Principle at the WTO.Elisa Vecchione - 2012 - Chicago Journal of International Law 13 (1).
    This Article aims to demonstrate that the WTO jurisprudence on science-related trade disputes has become imbued with a specific vision of science that has prevented any possible application of the precautionary principle. This situation is due both to the WTO’s specific dispute settlement procedures and to the substantive nature of precautionary measures. Indeed, such measures’ foundation on “insufficient scientific evidence” dramatically undermines the probative value of science in WTO adjudication and creates a seeming contradiction: The system requires defendants to provide (...)
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  21. added 2015-05-23
    A Review of the LSAT Using Literature on Legal Reasoning.Gilbert E. Plumer - 2000 - Law School Admission Council Computerized Testing Report 97 (8):1-19.
    Research using current literature on legal reasoning was conducted with the goals of (a) determining what skills are most important in good legal reasoning according to such literature, (b) determining the extent to which existing Law School Admission Test item types and subtypes are designed to assess those skills, and (c) suggesting test specifications or new or refined item types and formats that could be developed in the future to assess any important skills that appear [by (a) and (b)] to (...)
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  22. added 2015-05-20
    Common Knowledge, Pragmatic Enrichment and Thin Originalism.John Danaher - 2016 - Jurisprudence 7 (2):267-296.
    The meaning of an utterance is often enriched by the pragmatic context in which it is uttered. This is because in ordinary conversations we routinely and uncontroversially compress what we say, safe in the knowledge that those interpreting us will ‘add in’ the content we intend to communicate. Does the same thing hold true in the case of legal utterances like ‘This constitution protects the personal rights of the citizen’ or ‘the parliament shall have the power to lay and collect (...)
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  23. added 2014-12-20
    The Normativity of Linguistic Originalism: A Speech Act Analysis.John Danaher - 2015 - Law and Philosophy 34 (4):397-431.
    The debate over the merits of originalism has advanced considerably in recent years, both in terms of its intellectual sophistication and its practical significance. In the process, some prominent originalists—Lawrence Solum and Jeffrey Goldsworthy being the two discussed here—have been at pains to separate out the linguistic and normative components of the theory. For these authors, while it is true that judges and other legal decision-makers ought to be originalists, it is also true that the communicated content of the constitution (...)
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  24. added 2014-11-20
    Interpreting the Rules of the Game.C. Mantzavinos - 2007 - In Christoph Engel Firtz Strack (ed.), The Impact of Court Procedure on the Psychology of Judicial Decision-Making. Nomos.
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  25. added 2014-07-30
    The Evolutionary Path of the Law. [REVIEW]Enrique Guerra-Pujol - 2014 - Indonesian Journal of International and Comparative Law 1 (3):878-890.
    What lessons can legal scholars learn from the life and work of W. D. "Bill" Hamilton, a lifelong student of nature? From my small corner of the legal Academia, three aspects of Bill Hamilton’s work in evolutionary biology stand out in particular: (i) Hamilton’s simple and beautiful model of social behavior in terms of costs and benefits; (ii) his fruitful collaboration with the political theorist Robert Axelrod and their unexpected yet elegant solution of the Prisoner’s Dilemma, an important game or (...)
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  26. added 2014-04-02
    Bringing Discursive Ideals to Legal Facts: On Baxter on Habermas. [REVIEW]Christopher Zurn - 2014 - Philosophy and Social Criticism 40 (2):195-203.
    In Between Facts and Norms (1992) Habermas set out a theory of law and politics that is linked both to our high normative expectations and to the realities consequent upon the practices and institutions meant to put them into effect. The article discusses Hugh Baxter’s Habermas: The Discourse Theory of Law and Democracy and the drawbacks he finds in Habermas’ theory. It focuses on raising questions about and objections to some of the author’s leading claims.
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  27. added 2014-03-26
    The Binding Force of Nascent Norms of International Law.Anthony Reeves - 2014 - Canadian Journal of Law and Jurisprudence 28 (1):145-166.
    Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. Nascent norms of (...)
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  28. added 2013-03-18
    Legal Text as a Description of a Possible World.Marcin Matczak - manuscript
    In this paper I outline a comprehensive theory of legal interpretation based on an assumption that legal text, understood as the aggregate of texts of all legal acts in force at a particular time and place, describes one rational and coherent possible world. The picture of this possible world is decoded from the text by interpreters and serves as a holistic model to which the real world is adjusted when the law is applied. From the above premise I will limit (...)
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  29. added 2013-01-18
    The Moral Authority of International Law.Anthony Reeves - 2010 - APA Newsletter on Philosophy and Law 10 (1):13-18.
    How should international law figure into the practical reasoning of agents who fall under its jurisdiction? How should the existence of an international legal norm regulating some activity affect a subject’s decision-making about that activity? This is a question concerning the general moral authority of international law. It concerns not simply the kind of authority international law claims, but the character of the authority it actually has. An authority, as I will use the term, is moral obligation producing: if x (...)
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  30. added 2010-09-21
    Reason's Freedom and the Dialectic of Ordered Liberty.Edward C. Lyons - 2007 - Cleveland State Law Review 55 (2):157-232.
    The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to (...)
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  31. added 2009-04-21
    Procedural Justice.Lawrence B. Solum - 2004 - Southern California Law Review 78:181.
    "Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with two (...)
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  32. added 2008-12-31
    Understanding Blackmun's Argument: The Reasoning in Roe V. Wade.Roger Wertheimer - 1984 - In J. Garfield & P. Hennessy (eds.), Abortion: Moral and Legal Perspectives. University of Massachusetts.
    Critical analysis of Roe v Wade Supreme Court decision.
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