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The authority of law: essays on law and morality

New York: Oxford University Press (1979)

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  1. The Ethics of Conceptualization: Tailoring Thought and Language to Need.Matthieu Queloz - 2025 - Oxford: Oxford University Press.
    Philosophy strives to give us a firmer hold on our concepts. But what about their hold on us? Why place ourselves under the sway of a concept and grant it the authority to shape our thought and conduct? Another conceptualization would carry different implications. What makes one way of thinking better than another? This book develops a framework for concept appraisal. Its guiding idea is that to question the authority of concepts is to ask for reasons of a special kind: (...)
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  • Are epistemic reasons normative?Benjamin Kiesewetter - 2021 - Noûs 56 (3):670-695.
    According to a widely held view, epistemic reasons are normative reasons for belief – much like prudential or moral reasons are normative reasons for action. In recent years, however, an increasing number of authors have questioned the assumption that epistemic reasons are normative. In this article, I discuss an important challenge for anti-normativism about epistemic reasons and present a number of arguments in support of normativism. The challenge for anti-normativism is to say what kind of reasons epistemic reasons are if (...)
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  • Your word against mine: the power of uptake.Lucy McDonald - 2020 - Synthese 199 (1-2):3505-3526.
    Uptake is typically understood as the hearer’s recognition of the speaker’s communicative intention. According to one theory of uptake, the hearer’s role is merely as a ratifier. The speaker, by expressing a particular communicative intention, predetermines what kind of illocutionary act she might perform. Her hearer can then render this act a success or a failure. Thus the hearer has no power over which act could be performed, but she does have some power over whether it is performed. Call this (...)
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  • Are all practical reasons based on value?Benjamin Kiesewetter - 2022 - Oxford Studies in Metaethics 17:27-53.
    According to an attractive and widely held view, all practical reasons are explained in terms of the (instrumental or final) value of the action supported by the reason. I argue that this theory is incompatible with plausible assumptions about the practical reasons that correspond to certain moral rights, including the right to a promised action and the right to an exclusive use of one’s property. The argument is an explanatory rather than extensional one: while the actions supported by the relevant (...)
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  • (2 other versions)Civil disobedience.Kimberley Brownlee & Candice Delmas - 2021 - Stanford Encyclopedia of Philosophy.
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  • Expert-oriented abilities vs. novice-oriented abilities: An alternative account of epistemic authority.Michel Croce - 2018 - Episteme 15 (4):476-498.
    According to a recent account of epistemic authority proposed by Linda Zagzebski (2012), it is rational for laypersons to believe on authority when they conscientiously judge that the authority is more likely to form true beliefs and avoid false ones than they are in some domain. Christoph Jäger (2016) has recently raised several objections to her view. By contrast, I argue that both theories fail to adequately capture what epistemic authority is, and I offer an alternative account grounded in the (...)
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  • The Paradox of Conscientious Objection and the Anemic Concept of 'Conscience': Downplaying the Role of Moral Integrity in Health Care.Alberto Giubilini - 2014 - Kennedy Institute of Ethics Journal 24 (2):159-185.
    Conscientious objection in health care is a form of compromise whereby health care practitioners can refuse to take part in safe, legal, and beneficial medical procedures to which they have a moral opposition (for instance abortion). Arguments in defense of conscientious objection in medicine are usually based on the value of respect for the moral integrity of practitioners. I will show that philosophical arguments in defense of conscientious objection based on respect for such moral integrity are extremely weak and, if (...)
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  • The demos of the democratic firm.Iñigo González-Ricoy & Pablo Magaña - 2024 - Politics, Philosophy and Economics 23 (4):346-367.
    Despite growing interest in workplace democracy, the question whether nonworker stakeholders, like suppliers and local communities, warrant inclusion in the governance of democratic companies, as workers do, has been largely neglected. We inspect this question by leaning on the boundary problem in democratic theory. We first argue that the question of who warrants inclusion in democratic workplaces is best addressed by examining why workplace democracy is warranted in the first place, and offer a twofold normative benchmark—addressing objectionable corporate power and (...)
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  • Grounding-based formulations of legal positivism.Samuele Chilovi - 2020 - Philosophical Studies 177 (11):3283-3302.
    The goal of this paper is to provide an accurate grounding-based formulation of positivism in the philosophy of law. I start off by discussing some simple formulations, based on the ideas that social facts are always either full or partial grounds of legal facts. I then raise a number of objections against these definitions: the full grounding proposal rules out possibilities that are compatible with positivism; the partial grounding proposal fails, on its own, to vindicate the distinctive role that is (...)
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  • A factor-based definition of precedential constraint.John F. Horty & Trevor J. M. Bench-Capon - 2012 - Artificial Intelligence and Law 20 (2):181-214.
    This paper describes one way in which a precise reason model of precedent could be developed, based on the general idea that courts are constrained to reach a decision that is consistent with the assessment of the balance of reasons made in relevant earlier decisions. The account provided here has the additional advantage of showing how this reason model can be reconciled with the traditional idea that precedential constraint involves rules, as long as these rules are taken to be defeasible. (...)
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  • (1 other version)Epistemic authority, testimony and the transmission of knowledge†.Arnon Keren - 2007 - Episteme 4 (3):368-381.
    I present an account of what it is to trust a speaker, and argue that the account can explain the common intuitions which structure the debate about the transmission view of testimony. According to the suggested account, to trust a speaker is to grant her epistemic authority on the asserted proposition, and hence to see her opinion as issuing a second order, preemptive reason for believing the proposition. The account explains the intuitive appeal of the basic principle associated with the (...)
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  • The dual nature of law.Robert Alexy - 2010 - Ratio Juris 23 (2):167-182.
    The argument of this article is that the dual-nature thesis is not only capable of solving the problem of legal positivism, but also addresses all fundamental questions of law. Examples are the relation between deliberative democracy and democracy qua decision-making procedure along the lines of the majority principle, the connection between human rights as moral rights and constitutional rights as positive rights, the relation between constitutional review qua ideal representation of the people and parliamentary legislation, the commitment of legal argumentation (...)
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  • Just War Theory, Legitimate Authority, and Irregular Belligerency.Jonathan Parry - 2015 - Philosophia 43 (1):175-196.
    Since its earliest incarnations, just war theory has included the requirement that war must be initiated and waged by a legitimate authority. However, while recent years have witnessed a remarkable resurgence in interest in just war theory, the authority criterion is largely absent from contemporary discussions. In this paper I aim to show that this is an oversight worth rectifying, by arguing that the authority criterion plays a much more important role within just war theorising than is commonly supposed. As (...)
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  • Quasi-Expressivism about Statements of Law: A Hartian Theory.Stephen Finlay & David Plunkett - 2018 - In John Gardner, Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law Volume 3. Oxford University Press. pp. 49-86.
    Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This consists in a (...)
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  • Skeptical Theism and the 'Too-Much-Skepticism' Objection.Michael C. Rea - 2014 - In Justin P. McBrayer & Daniel Howard-Snyder (eds.), The Blackwell Companion to The Problem of Evil. Wiley. pp. 482-506.
    In the first section, I characterize skeptical theism more fully. This is necessary in order to address some important misconceptions and mischaracterizations that appear in the essays by Maitzen, Wilks, and O’Connor. In the second section, I describe the most important objections they raise and group them into four “families” so as to facilitate an orderly series of responses. In the four sections that follow, I respond to the objections.
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  • (2 other versions)Democracy.Tom Christiano - 2008 - Stanford Encyclopedia of Philosophy.
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  • What is morality?Kieran Setiya - 2021 - Philosophical Studies 179 (4):1113-1133.
    Argues, against Anscombe, that Aristotle had the concept of morality as an interpersonal normative order: morality is justice in general. For an action to be wrong is not for it to warrant blame, or to wrong another person, but to be something one should not do that one has no right to do. In the absence of rights, morality makes no sense.
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  • A theory of legal reasoning and a logic to match.Jaap Hage - 1996 - Artificial Intelligence and Law 4 (3):199-273.
    This paper describes a model of legal reasoning and a logic for reasoning with rules, principles and goals that is especially suited to this model of legal reasoning. The paper consists of three parts. The first part describes a model of legal reasoning based on a two-layered view of the law. The first layer consists of principles and goals that express fundamental ideas of a legal system. The second layer contains legal rules which in a sense summarise the outcome of (...)
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  • The Rule of Law and Equality.Paul Gowder - 2013 - Law and Philosophy 32 (5):565-618.
    This paper describes and defends a novel and distinctively egalitarian conception of the rule of law. Official behavior is to be governed by preexisting, public rules that do not draw irrelevant distinctions between the subjects of law. If these demands are satisfied, a state achieves vertical equality between officials and ordinary people and horizontal legal equality among ordinary people.
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  • Commemoration and constriction.Chong-Ming Lim - forthcoming - The Journal of Ethics:1-20.
    In analysing the problems with commemorative artefacts, philosophers have tended to focus on objectionable monuments that honour inappropriate subjects. The problems with such monuments, however, do not exhaust problems with a society’s public commemorative landscape – the totality of public commemorative artefacts in general, and the institutions involved in their creation and maintenance. I argue that a public commemorative landscape can implicate authoritative ideas, including stereotypes about people in virtue of their group membership. This contributes to what I term hermeneutical (...)
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  • Law as Co-ordination.John Finnis - 1989 - Ratio Juris 2 (1):97-104.
    The concept of co‐ordination problems helps solve the problem of authority and obligation in legal theory, but only if the concept is carefully distinguished from the game‐theoretical concept of co‐ordination problems and their solutions. After explaining the game‐theoretical concept, the author defends its application to legal theory by reviewing the exchange he has had with Joseph Raz about the authority of law. Extending that debate, he argues that criticisms from Raz and others miss the point of the co‐ordination thesis; its (...)
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  • Vertical precedents in formal models of precedential constraint.Gabriel L. Broughton - 2019 - Artificial Intelligence and Law 27 (3):253-307.
    The standard model of precedential constraint holds that a court is equally free to modify a precedent of its own and a precedent of a superior court—overruling aside, it does not differentiate horizontal and vertical precedents. This paper shows that no model can capture the U.S. doctrine of precedent without making that distinction. A precise model is then developed that does just that. This requires situating precedent cases in a formal representation of a hierarchical legal structure, and adjusting the constraint (...)
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  • What Immigrants Owe.Adam Lovett & Daniel Sharp - 2021 - Ergo: An Open Access Journal of Philosophy 8.
    Unlike natural-born citizens, many immigrants have agreed to undertake political obligations. Many have sworn oaths of allegiance. Many, when they entered their adopted country, promised to obey the law. This paper is about these agreements. First, it’s about their validity. Do they actually confer political obligations? Second, it’s about their justifiability. Is it permissible to get immigrants to undertake such political obligations? Our answers are ‘usually yes’ and ‘probably not’ respectively. We first argue that these agreements give immigrants political obligations. (...)
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  • Attitude and Social Rules, or Why It's Okay to Slurp Your Soup.Jeffrey Kaplan - 2021 - Philosophers' Imprint 21 (28).
    Many of the most important social institutions—e.g., law and language—are thought to be normative in some sense. And philosophers have been puzzled by how this normativity can be explained in terms of the social, descriptive states of affairs that presumably constitute them. This paper attempts to solve this sort of puzzle by considering a simpler and less contentious normative social practice: table manners. Once we are clear on the exact sense in which a practice is normative, we see that some (...)
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  • Was Austin right after all? On the role of sanctions in a theory of law.Frederick Schauer - 2010 - Ratio Juris 23 (1):1-21.
    In modern jurisprudence it is taken as axiomatic that John Austin's sanction-based account of law and legal obligation was demolished in H.L.A. Hart's The Concept of Law, but Hart's victory and the deficiencies of the Austinian account may not be so clear. Not only does the alleged linguistic distinction between being obliged and having an obligation fail to provide as much support for the idea of a sanction-independent legal obligation as is commonly thought, but the soundness of Hart's claims, as (...)
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  • A New Conventionalist Theory of Promising.Erin Taylor - 2013 - Australasian Journal of Philosophy 91 (4):667-682.
    Conventionalists about promising believe that it is wrong to break a promise because the promisor takes advantage of a useful social convention only to fail to do his part in maintaining it. Anti-conventionalists claim that the wrong of breaking a promise has nothing essentially to do with a social convention. Anti-conventionalists are right that the social convention is not necessary to explain the wrong of breaking most promises. But conventionalists are right that the convention plays an essential role in any (...)
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  • Samaritanism and Civil Disobedience.Candice Delmas - 2014 - Res Publica 20 (3):295-313.
    In this paper, I defend the existence of a moral duty to disobey the law and engage in civil disobedience on the basis of one of the grounds of political obligation—the Samaritan duty. Christopher H. Wellman has recently offered a ‘Samaritan account’ of state legitimacy and political obligation, according to which the state is justified in coercing each citizen in order to rescue all from the perilous circumstances of the state of nature; and each of us is bound to obey (...)
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  • The Rule of Law in Contemporary Liberal Theory.Jeremy Waldron - 1989 - Ratio Juris 2 (1):79-96.
    Existing accounts of the Rule of Law are inadequate and require fleshing out. The main value of the ideal of rule of law for liberal political theory lies in the notion of predictability, which is essential to individual autonomy. The author examines this connection and argues that conservative theories of rule of law claim too much. Liberal theory equates the rule of law with legality, which is only one of the elements necessary for a just social order.
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  • The Point of Promises.Stefan Https://Orcidorg Riedener & Philipp Https://Orcidorg Schwind - 2022 - Ethics 132 (3):621-643.
    The normative mechanics of promising seem complex. The strength and content of promissory obligations, and the residual duties they entail upon being violated, have various prima facie surprising features. We give an account to explain these features. Promises have a point. The point of a promise to φ is a promise-independent reason to φ for the promisee’s sake. A promise turns this reason into a duty. This explains the mechanics of promises. And it grounds a nuanced picture of immoral promises, (...)
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  • Divine Authority as Divine Parenthood.Nick Hadsell - forthcoming - Religious Studies.
    In this article, I argue that God is authoritative over us because he is our divine, causal parent. As our causal parent, God has duties to relate to us, but he can only fulfill those duties if he has the practical authority to give us commands aimed at our sanctification. From ought-implies-can reasoning, I conclude that God has that authority. After I make this argument, I show how the view has significant advantages over extant arguments for divine authority and can (...)
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  • Wide Reflective Equilibrium as a Normative Model for Responsible Governance.Neelke Doorn - 2013 - NanoEthics 7 (1):29-43.
    Soft regulatory measures are often promoted as an alternative for existing regulatory regimes for nanotechnologies. The call for new regulatory approaches stems from several challenges that traditional approaches have difficulties dealing with. These challenges relate to general problems of governability, tensions between public interests, but also (and maybe particularly) to almost complete lack of certainty about the implications of nanotechnologies. At the same time, the field of nanotechnology can be characterized by a high level of diversity. In this paper, we (...)
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  • Metafísica para Juristas.Samuele Chilovi - 2022 - In Guillermo Lariguet & D. Lagier (eds.), Filosofía para Juristas. Una Introducción.
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  • An argument against the social fact thesis (and some additional preliminary steps towards a new conception of legal positivism).Kevin Toh - 2008 - Law and Philosophy 27 (5):445 - 504.
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  • Resources for Research on Analogy: A Multi-disciplinary Guide.Marcello Guarini, Amy Butchart, Paul Simard Smith & Andrei Moldovan - 2009 - Informal Logic 29 (2):84-197.
    Work on analogy has been done from a number of disciplinary perspectives throughout the history of Western thought. This work is a multidisciplinary guide to theorizing about analogy. It contains 1,406 references, primarily to journal articles and monographs, and primarily to English language material. classical through to contemporary sources are included. The work is classified into eight different sections (with a number of subsections). A brief introduction to each section is provided. Keywords and key expressions of importance to research on (...)
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  • The communicative aspects of civil disobedience and lawful punishment.Kimberley Brownlee - 2007 - Criminal Law and Philosophy 1 (2):179-192.
    A parallel may be drawn between the communicative aspect of civil disobedience and the communicative aspect of lawful punishment by the state. In punishing an offender, the state seeks to communicate both its condemnation of the crime committed and its desire for repentance and reformation on the part of the offender. Similarly, in civilly disobeying the law, a disobedient seeks to convey both her condemnation of a certain law or policy and her desire for recognition that a lasting change in (...)
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  • Political Anarchism and Raz’s Theory of Authority.Bruno Leipold - 2015 - Res Publica 21 (3):309-329.
    This article argues that using Joseph Raz’s service conception of authority to reject philosophical anarchism can be affected by political anarchism. Whereas philosophical anarchism only denies the authority of the state, political anarchism claims that anarchism is a better alternative to the state. Raz’s theory holds that an institution has authority if it enables people to better conform with reason. I argue that there are cases where anarchism is an existing alternative to the state and better fulfils this condition. Consequently, (...)
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  • An Antimony in Kelsen's Pure Theory of Law.Eugenio Bulygin - 1990 - Ratio Juris 3 (1):29-45.
    Some important ideas in Kelsen's Pure Theory of Law can be traced back to Kantian tradition, which has been very influential in Kelsen's thought, particularly in his early period. Among them we find the distinction between two radically different worlds (the world of facts and the world of norms), the normativity of legal science and the idea of validity as a binding force, based on the famous doctrine of the basic norm. These tenets and, especially, the use of a normative (...)
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  • Two Concepts of Basic Equality.Nikolas Kirby - 2018 - Res Publica 24 (3):297-318.
    It has become somewhat a commonplace in recent political philosophy to remark that all plausible political theories must share at least one fundamental premise, ‘that all humans are one another's equals’. One single concept of ‘basic equality’, therefore, is cast as the common touchstone of all contemporary political thought. This paper argues that this claim is false. Virtually all do indeed say that all humans are ‘equals’ in some basic sense. However, this is not the same sense. There are not (...)
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  • World Crisis and Underdevelopment: A Critical Theory of Poverty, Agency, and Coercion.David Ingram - 2017 - Cambridge University Press.
    World Crisis and Underdevelopment examines the impact of poverty and other global crises in generating forms of structural coercion that cause agential and societal underdevelopment. It draws from discourse ethics and recognition theory in criticizing injustices and pathologies associated with underdevelopment. Its scope is comprehensive, encompassing discussions about development science, philosophical anthropology, global migration, global capitalism and economic markets, human rights, international legal institutions, democratic politics and legitimation, world religions and secularization, and moral philosophy in its many varieties.
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  • An Empowerment Theory of Legal Norms.Stanley L. Paulson - 1988 - Ratio Juris 1 (1):58-72.
    Traditionally legal theorists, whenever engaged in controversy, have agreed on one point: legal norms are par excellence rules which impose obligations. The author examines this assumption, which from another perspective (that of constitutional law, for instance) appears less obvious. In fact, constitutional rules are commoniy empowering norms, norms which do not create duties but powers. To this objection many theorists would reply that empowering rules are incomplete and that they are to be understood as parts of duty‐creating rules. A different (...)
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  • Just Procedures with Controversial Outcomes: On the Grounds for Substantive Disputation within a Procedural Theory of Justice.Emanuela Ceva - 2009 - Res Publica 15 (3):219-235.
    Acts of civil disobedience and conscientious objection provide valuable indications of the congruence of political outcomes with citizens’ conceptions of justice and the good. As their primary concern is substantive, their logic seems extraneous to procedural approaches to justice. Accordingly, it has often been argued that these latter condemn citizens to a ‘deaf-and-blind’ acceptance of the outcomes of agreed procedures. A closer analysis of such acts of contestation shall reveal that although, for proceduralism, the outcomes of just procedures cannot be (...)
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  • Intelligent service robots for elderly or disabled people and human dignity: legal point of view.Katarzyna Pfeifer-Chomiczewska - 2023 - AI and Society 38 (2):789-800.
    This article aims to present the problem of the impact of artificial intelligence on respect for human dignity in the sphere of care for people who, for various reasons, are described as particularly vulnerable, especially seniors and people with various disabilities. In recent years, various initiatives and works have been undertaken on the European scene to define the directions in which the development and use of artificial intelligence should go. According to the human-centric approach, artificial intelligence should be developed, used (...)
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  • Cosmopolitan disobedience.Steve Cooke - 2021 - Journal of International Political Theory 17 (3):222-239.
    Increasingly, protests occur across borders and are carried out by non-nationals. Many of these protests include elements that break the laws of their host country and are aimed at issues of global concern. Despite the increasing frequency of transnational protest, little ethical consideration has been given to it. This article provides a cosmopolitan justification for transnational disobedience on behalf of self and others. The article argues that individuals may be justified in illegally protesting in other states, and that in some (...)
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  • Justice, legitimacy, and constitutional rights.Wilfried Hinsch - 2010 - Critical Review of International Social and Political Philosophy 13 (1):39-54.
    There is a tension between the idea of popular sovereignty and our understanding that basic constitutional rights and liberties have a normative authority which is independent from the results of democratic decision‐making procedures. On the one hand there is the claim that the content of political justice, at least as far as the basic liberties are concerned, is to be fixed solely by substantive moral and political argument, while on the other there is the claim that it is the people (...)
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  • Consumer Judgment of Morally-Questionable Behaviors: The Relationship Between Ethical and Legal Judgments.Daphne Sobolev & Niklas Voege - 2020 - Journal of Business Ethics 165 (1):145-160.
    Consumers’ engagement in morally-questionable behaviors poses a serious threat to firms. To further the understanding of consumers’ behavior, this study explores the association and conflicts between their ethical and legal judgments. In addition, it examines the way consumers’ judgments depend on their mind-sets and the legal liability criterion of action. In two experiments, participants were asked to judge the ethicality and legality of consumers’ morally-questionable behaviors. Behavior activity and participants’ mind-sets were manipulated. The results show that consumers are more likely (...)
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  • The Morality and Law of War.Seth Lazar - 2012 - In Andrei Marmor (ed.), The Routledge Companion to Philosophy of Law. New York , NY: Routledge. pp. 364-379.
    The revisionist critique of conventional just war theory has undoubtedly scored some important victories. Walzer’s elegantly unified defense of combatant legal equality and noncombatant immunity has been seriously undermined. This critical success has not, however, been matched by positive arguments, which when applied to the messy reality of war would deprive states and soldiers of the permission to fight wars that are plausibly thought to be justified. The appeal to law that is sought to resolve this objection by casting it (...)
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  • Green Constitutionalism: The Constitutional Protection of Future Generations.Kristian Skagen Ekeli - 2007 - Ratio Juris 20 (3):378-401.
    The purpose of this paper is to propose and consider a new constitutional provision that can contribute to the protection of the vital needs of future generations. The proposal I wish to elaborate can be termed the posterity provision, and it has both substantive and procedural elements. The aim of this constitutional provision is twofold. The first is to encourage state authorities to make more future‐oriented deliberations and decisions. The second is to create more public awareness and improve the process (...)
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  • Law is not (best considered) an essentially contested concept.Kenneth M. Ehrenberg - 2011 - International Journal of Law in Context 7:209-232.
    I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...)
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  • On the Autonomy of Legal Reasoning.Joseph Raz - 1993 - Ratio Juris 6 (1):1-15.
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  • Legal Positivism, Law's Normativity, and the Normative Force of Legal Justification.Torben Spaak - 2003 - Ratio Juris 16 (4):469-485.
    In this article, I distinguish between a moral and a strictly legal conception of legal normativity, and argue that legal positivists can account for law's normativity in the strictly legal but not in the moral sense, while pointing out that normativity in the former sense is of little interest, at least to lawyers. I add, however, that while the moral conception of law's normativity is to be preferred to the strictly legal conception from the rather narrow viewpoint of the study (...)
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