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Procedural rights

Legal Theory 20 (4):286-306 (2014)

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  1. The Procedure of Morality.Ori Herstein & Ofer Malcai - 2024 - Journal of Ethics and Social Philosophy 27 (1).
    Does morality have a procedure? Unlike law, morality is arguably neither posited nor institutional. Thus, while morality undeniably prescribes various procedures, that morality itself has a procedure is less obvious. Indeed, the coexistence of procedural moral norms alongside substantive moral norms might seem paradoxical, given that they often yield contradictory prescriptions. After all, one may wonder, is morality not substantive all the way down? Nevertheless, the paper argues that morality has a “procedural branch” containing numerous norms that are themselves procedural. (...)
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  • Grounding procedural rights.N. P. Adams - 2019 - Legal Theory (1):3-25.
    Contrary to the widely accepted consensus, Christopher Heath Wellman argues that there are no pre-institutional judicial procedural rights. Thus commonly affirmed rights like the right to a fair trial cannot be assumed in the literature on punishment and legal philosophy as they usually are. Wellman canvasses and rejects a variety of grounds proposed for such rights. I answer his skepticism by proposing two novel grounds for procedural rights. First, a general right against unreasonable risk of punishment grounds rights to an (...)
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  • Naked statistical evidence and verdictive justice.Sherrilyn Roush - 2024 - Analytic Philosophy:1-27.
    What is it for the verdict of a criminal trial to be just? It is widely agreed that a Guilty verdict is just only if the defendant did the relevant deed, and only if his rights were not violated in the process of apprehending, charging, and convicting him. I argue that more is required: he must be found Guilty because he is guilty, and not solely for other reasons. The conviction must be based on the guilt. I argue that many (...)
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  • In defense of procedural rights : A response to Wellman.David Enoch - 2018 - Legal Theory 24 (1):40-49.
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