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Law and the Entitlement to Coerce

In Wilfrid J. Waluchow & Stefan Sciaraffa (eds.), Philosophical foundations of the nature of law. Oxford, United Kingdom: Oxford University Press. pp. 183 (2013)

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  1. Punishing the innocent — unintentionally.Alan Wertheimer - 1977 - Inquiry: An Interdisciplinary Journal of Philosophy 20 (1-4):45 – 65.
    The intentional punishment of the innocent is ordinarily claimed to be a special problem for utilitarian theories of punishment. The unintentional punishment of the innocent is a problem for any theory of punishment which holds that the guilty should be punished. This paper examines the criteria that are relevant to a determination of the appropriate probability of punishment mistakes for a society, and argues that this is the kind of moral problem for which utilitarian judgments, as opposed to considerations of (...)
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  • The Right to Private Property.Jeremy Waldron - 1990 - Oxford, GB: Clarendon Press.
    Can the right to private property be claimed as one of the `rights of mankind'? This is the central question of this comprehensive and critical examination of the subject of private property. Jeremy Waldron contrasts two types of arguments about rights: those based on historical entitlement, and those based on the importance of property to freedom. He provides a detailed discussion of the theories of property found in Locke's Second Treatise and Hegel's Philosophy of Right to illustrate this contrast. The (...)
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  • Index.Arthur Ripstein - 2009 - In Force and freedom: Kant's legal and political philosophy. Cambridge, Mass.: Harvard University Press. pp. 389-399.
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  • Force and freedom: Kant's legal and political philosophy.Arthur Ripstein - 2009 - Cambridge, Mass.: Harvard University Press.
    In this masterful work, both an illumination of Kant's thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant's political philosophy. In addition to providing a clear and coherent statement of the most misunderstood of Kant's ideas, Ripstein also shows that Kant's views remain conceptually powerful and morally appealing today.
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  • Authority and Coercion.Arthur Ripstein - 2004 - Philosophy and Public Affairs 32 (1):2-35.
    I am grateful to Donald Ainslie, Lisa Austin, Michael Blake, Abraham Drassinower, David Dyzenhaus, George Fletcher, Robert Gibbs, Louis-Philippe Hodgson, Sari Kisilevsky, Dennis Klimchuk, Christopher Morris, Scott Shapiro, Horacio Spector, Sergio Tenenbaum, Malcolm Thorburn, Ernest Weinrib, Karen Weisman, and the Editors of Philosophy & Public Affairs for comments, and audiences in the UCLA Philosophy Department and Columbia Law School for their questions.
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  • Beyond the Harm Principle.Arthur Ripstein - 2006 - Philosophy and Public Affairs 34 (3):215-245.
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  • Punishing the Guilty, Not Punishing the Innocent.Richard Lippke - 2010 - Journal of Moral Philosophy 7 (4):462-488.
    Discussion in this paper focuses on how strongly we should prefer non-punishment of persons guilty of serious crimes to punishment of persons innocent of them. William Blackstone's version of that preference, expressed as a ten to one ratio, is first shown to be untenable on standard accounts of legal punishment's justifying aims. Somewhat weaker versions of that ratio also appear suspect. More to the point, Blackstone's adage obscures the crucial way in which there are risks to be assessed in setting (...)
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  • Coercion and the nature of law.Grant Lamond - 2001 - Legal Theory 7 (1):35-57.
    It is a commonplace that coercion forms part of the nature of law: Law is inherently coercive. But how well founded is this claim, and what would it mean for coercion to be part of the of law? This article suggests that the claim is grounded in our current conception of law. The main focus of the article, however, is upon two major lines of argument that attempt to establish a link between law and coercion: one based upon the laws (...)
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  • How facts make law.Mark Greenberg - 2004 - In Scott Hershovitz (ed.), Exploring Law's Empire: The Jurisprudence of Ronald Dworkin. Oxford University Press. pp. 157-198.
    I offer a new argument against the legal positivist view that non-normative social facts can themselves determine the content of the law. I argue that the nature of the determination relation in law is rational determination: the contribution of law-determining practices to the content of the law must be based on reasons. That is why it must be possible in principle to explain what makes the law have the content that it does. It follows, I argue, that non-normative facts about (...)
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  • The Interpretive Turn. [REVIEW]Ken Kress - 1987 - Ethics 97 (4):834-860.
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  • Distributive Justice, State Coercion, and Autonomy.Michael Blake - 2001 - Philosophy and Public Affairs 30 (3):257-296.
    Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at http://www.jstor.org/about/terms.html. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use.
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  • Retributivism and the inadvertent punishment of the innocent.Larry Alexander - 1983 - Law and Philosophy 2 (2):233 - 246.
    Retributivism is generally thought to forbid the punishment of the innocent, even if such punishment would produce otherwise good results, such as deterrence. It has recently been argued that because capital punishment always entails the risk of executing an innocent person, instituting capital punishment is tantamount to intentionally taking innocent lives and therefore cannot be justified on retributive grounds. I argue that there are several versions of retributivism, only one of which might categorically forbid risking punishing innocent persons. I also (...)
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  • Legality.Scott Shapiro (ed.) - 2011 - Cambridge, Mass.: Harvard University Press.
    What is law (and why should we care)? -- Crazy little thing called "law" -- Austin's sanction theory -- Hart and the rule of recognition -- How to do things with plans -- The making of a legal system -- What law is -- Legal reasoning and judicial decision making -- Hard cases -- Theoretical disagreements -- Dworkin and distrust -- The economy of trust -- The interpretation of plans -- The value of legality.
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  • Anarchy, State, and Utopia.Robert Nozick - 1974 - Philosophy 52 (199):102-105.
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  • Law’s Empire.Ronald Dworkin - 1986 - Harvard University Press.
    In this reprint of Law's Empire,Ronald Dworkin reflects on the nature of the law, its given authority, its application in democracy, the prominent role of interpretation in judgement, and the relations of lawmakers and lawgivers to the community on whose behalf they pronounce. For that community, Law's Empire provides a judicious and coherent introduction to the place of law in our lives.Previously Published by Harper Collins. Reprinted (1998) by Hart Publishing.
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  • Anarchy, State, and Utopia.Robert Nozick - 1974 - New York: Basic Books.
    Winner of the 1975 National Book Award, this brilliant and widely acclaimed book is a powerful philosophical challenge to the most widely held political and social positions of our age--liberal, socialist, and conservative.
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  • Philosophical anarchism.A. John Simmons - 2001 - In Social Science Research Network. Cambridge University Press.
    Anarchist political philosophers normally include in their theories (or implicitly rely upon) a vision of a social life very different than the life experienced by most persons today. Theirs is a vision of autonomous, noncoercive, productive interaction among equals, liberated from and without need for distinctively political institutions, such as formal legal systems or governments or the state. This "positive" part of anarchist theories, this vision of the good social life, will be discussed only indirectly in this essay. Rather, I (...)
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  • Why People Obey the Law.Tom R. Tyler - 2006 - Princeton University Press.
    Tyler conducted a longitudinal study of 1,575 Chicago inhabitants to determine why people obey the law. His findings show that the law is obeyed primarily because people believe in respecting legitimate authority, not because they fear punishment. The author concludes that lawmakers and law enforcers would do much better to make legal systems worthy of respect than to try to instill fear of punishment.
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  • Justice in robes.Ronald Dworkin (ed.) - 2006 - Cambridge, Mass.: Belknap Press.
    In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard ...
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  • Sovereign Virtue: The Theory and Practice of Equality.R. M. Dworkin - 2002 - Philosophical Quarterly 52 (208):377-389.
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  • The anarchist position: A reply to Klosko and Senor.A. John Simmons - 1987 - Philosophy and Public Affairs 16 (3):269-279.
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  • The Right to Private Property.Jeremy Waldron & Stephen A. Munzer - 1992 - Philosophy and Public Affairs 21 (2):196-206.
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