Results for 'Chevreul's laws'

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  1. Simultaneous brightness and apparent depth from true colors on grey: Chevreul revisited.Birgitta Dresp-Langley & Adam Reeves - 2012 - Seeing and Perceiving 25 (6):597-618.
    We show that true colors as defined by Chevreul (1839) produce unsuspected simultaneous brightness induction effects on their immediate grey backgrounds when these are placed on a darker (black) general background surrounding two spatially separated configurations. Assimilation and apparent contrast may occur in one and the same stimulus display. We examined the possible link between these effects and the perceived depth of the color patterns which induce them as a function of their luminance contrast. Patterns of square-shaped inducers of a (...)
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  2. Kant's Demonstration of Free Will, Or, How to Do Things with Concepts.Benjamin S. Yost - 2016 - Journal of the American Philosophical Association 2 (2):291-309.
    Kant famously insists that free will is a condition of morality. The difficulty of providing a demonstration of freedom has left him vulnerable to devastating criticism: critics charge that Kant's post-Groundwork justification of morality amounts to a dogmatic assertion of morality's authority. My paper rebuts this objection, showing that Kant offers a cogent demonstration of freedom. My central claim is that the demonstration must be understood in practical rather than theoretical terms. A practical demonstration of x works by bringing x (...)
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  3. Capital Punishment.Benjamin S. Yost - 2023 - In Mortimer Sellars & Stephan Kirste (eds.), Encyclopedia of the Philosophy of Law and Social Philosophy. Dordrecht: Springer. pp. 1-9.
    Capital punishment—the legally authorized killing of a criminal offender by an agent of the state for the commission of a crime—stands in special need of moral justification. This is because execution is a particularly severe punishment. Execution is different in kind from monetary and custodial penalties in an obvious way: execution causes the death of an offender. While fines and incarceration set back some of one’s interests, death eliminates the possibility of setting and pursuing ends. While fines and incarceration narrow (...)
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  4. The Dependence Response and Explanatory Loops.Andrew Law - 2020 - Faith and Philosophy 37 (3):294-307.
    There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...)
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  5. Is Human Virtue a Civic Virtue? A Reading of Aristotle's Politics 3.4.L. K. Gustin Law - 2017 - In Emma Cohen de Lara & Rene Brouwer (eds.), Aristotle’s Practical Philosophy: On the Relationship between the Ethics and Politics. Chem, Switzerland: Springer. pp. 93-118.
    Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...)
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  6. Incompatibilism and the garden of forking paths.Andrew Law - 2023 - Philosophical Issues 33 (1):110-123.
    Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the (...) of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)
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  7. Health, Disability, and Well-Being.S. Andrew Schroeder - 2016 - In Guy Fletcher (ed.), Routledge Handbook of Philosophy of Well-Being. Routledge.
    Much academic work (in philosophy, economics, law, etc.), as well as common sense, assumes that ill health reduces well-being. It is bad for a person to become sick, injured, disabled, etc. Empirical research, however, shows that people living with health problems report surprisingly high levels of well-being - in some cases as high as the self-reported well-being of healthy people. In this chapter, I explore the relationship between health and well-being. I argue that although we have good reason to believe (...)
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  8. "Jewish Law, Techno-Ethics, and Autonomous Weapon Systems: Ethical-Halakhic Perspectives".Nadav S. Berman - 2020 - Jewish Law Association Studies 29:91-124.
    Techno-ethics is the area in the philosophy of technology which deals with emerging robotic and digital AI technologies. In the last decade, a new techno-ethical challenge has emerged: Autonomous Weapon Systems (AWS), defensive and offensive (the article deals only with the latter). Such AI-operated lethal machines of various forms (aerial, marine, continental) raise substantial ethical concerns. Interestingly, the topic of AWS was almost not treated in Jewish law and its research. This article thus proposes an introductory ethical-halakhic perspective on AWS, (...)
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  9. Why Busing Voters to the Polling Station is Paying People to Vote.Jørn Sønderholm & Jakob Thrane Mainz - 2023 - Law and Philosophy 42 (5):437-459.
    In this paper, we argue that the widespread practice in the United States of busing voters to the polling station on Election Day is an instance of paying people to vote. We defend a definition of what it means to pay people to vote, and on this definition, busing voters to the polling station is an instance of paying people to vote. Paying people to vote is illegal according to United States federal election law. However, the United States courts have (...)
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  10. Three laws of qualia: what neurology tells us about the biological functions of consciousness.Vilayanur S. Ramachandran & William Hirstein - 1997 - Journal of Consciousness Studies 4 (5-6):429-457.
    Neurological syndromes in which consciousness seems to malfunction, such as temporal lobe epilepsy, visual scotomas, Charles Bonnet syndrome, and synesthesia offer valuable clues about the normal functions of consciousness and ‘qualia’. An investigation into these syndromes reveals, we argue, that qualia are different from other brain states in that they possess three functional characteristics, which we state in the form of ‘three laws of qualia’. First, they are irrevocable: I cannot simply decide to start seeing the sunset as green, (...)
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  11. "R. Ḥayyim Hirschensohn’s Beliefs about Death and Immortality as Tested by his Halakhic Decision Making” [in Hebrew].Nadav Berman, S. - 2017 - Daat 83 (2017):337-359.
    This paper traces two contradicting beliefs about death and immortality in the writings of Rabbi Hayyim Hirschensohn, and examines these opposing beliefs in his Halakhic ruling, in the case of Autopsies. The paper opens by conceptualizing two possible attitudes regarding the relation between this-world and the ʽother-world’, and by analyzing two main beliefs regarding death and immortality in their relation to the body-spirit distinction (the naturalistic and the spiritualistic approach). It demonstrates how Hirschensohn was holding these two different views. The (...)
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  12. "Pragmatism and Jewish Thought: Eliezer Berkovits’s Philosophy of Halakhic Fallibility".Nadav Berman S. - 2019 - Journal of Jewish Thought and Philosophy 27 (1):86-135.
    In classical American pragmatism, fallibilism refers to the conception of truth as an ongoing process of improving human knowledge that is nevertheless susceptible to error. This paper traces appearances of fallibilism in Jewish thought in general, and particularly in the halakhic thought of Eliezer Berkovits. Berkovits recognizes the human condition’s persistent mutability, which he sees as characterizing the ongoing effort to interpret and apply halakhah in shifting historical and social contexts as Torat Ḥayyim. In the conclusion of the article, broader (...)
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  13. Towards a Concept of Embodied Autonomy: In what ways can a Patient’s Body contribute to the Autonomy of Medical Decisions?Jonathan Lewis & Søren Holm - 2023 - Medicine, Health Care and Philosophy 26 (3):451-463.
    “Bodily autonomy” has received significant attention in bioethics, medical ethics, and medical law in terms of the general inviolability of a patient’s bodily sovereignty and the rights of patients to make choices (e.g., reproductive choices) that concern their own body. However, the role of the body in terms of how it can or does contribute to a patient’s capacity for, or exercises of their autonomy in clinical decision-making situations has not been explicitly addressed. The approach to autonomy in this paper (...)
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  14. Why Busing Voters to the Polling Station is Paying People to Vote.Jørn Sønderholm & Jakob Thrane Mainz - 2023 - Law and Philosophy 42 (5):437-459.
    In this paper, we argue that the widespread practice in the United States of busing voters to the polling station on Election Day is an instance of paying people to vote. We defend a definition of what it means to pay people to vote, and on this definition, busing voters to the polling station is an instance of paying people to vote. Paying people to vote is illegal according to United States federal election law. However, the United States courts have (...)
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  15. Secret Law Revisited.Benjamin L. S. Nelson - 2019 - Ratio Juris 32 (4):473-486.
    What follows is an attempt to do some conceptual housekeeping around the notion of secret law as provided by Christopher Kutz (2013). First I consider low-salience (or merely obscure) law, suggesting that it fails to capture the legal and moral facts that are at stake in the case which Kutz used to motivate it. Then I outline a theoretical contrast between mere obscurity and secrecy, in contrast to the 'neutral' account of secrecy provided by Sissela Bok (1989). The upshot of (...)
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  16. Implications and Applications of Artificial Intelligence in the Legal Domain.Besan S. Abu Nasser, Marwan M. Saleh & Samy S. Abu-Naser - 2024 - International Journal of Academic Information Systems Research (IJAISR) 7 (12):18-25.
    Abstract: As the integration of Artificial Intelligence (AI) continues to permeate various sectors, the legal domain stands on the cusp of a transformative era. This research paper delves into the multifaceted relationship between AI and the law, scrutinizing the profound implications and innovative applications that emerge at the intersection of these two realms. The study commences with an examination of the current landscape, assessing the challenges and opportunities that AI presents within legal frameworks. With an emphasis on efficiency, accuracy, and (...)
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  17. Perpetual anarchy : From economic security to financial insecurity.S. M. Amadae - 2017 - Finance and Society 2 (3):188-96.
    This forum contribution addresses two major themes in de Goede’s original essay on ‘Financial security’: (1) the relationship between stable markets and the proverbial ‘security dilemma’; and (2) the development of new decision-technologies to address risk in the post-World War II period. Its argument is that the confluence of these two themes through rational choice theory represents a fundamental re-evaluation of the security dilemma and its relationship to the rule of law governing market relations, ushering in an era of perpetual (...)
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  18. Rule of Law Abolitionism.Benjamin S. Yost - 2008 - Studies in Law, Politics, and Society.
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  19. Kant’s Doctrines of Right, Law, and Freedom. Report of the Second International Summer School.Polina Bonadyseva & Alexander S. Kiselev - 2018 - Kantian Journal 37 (3):103-112.
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  20. Kant's Self-Legislation Procedure Reconsidered.Adrian M. S. Piper - 2012 - Kant Studies Online 2012 (1):203-277.
    Most published discussions in contemporary metaethics include some textual exegesis of the relevant contemporary authors, but little or none of the historical authors who provide the underpinnings of their general approach. The latter is usually relegated to the historical, or dismissed as expository. Sometimes this can be a useful division of labor. But it can also lead to grave confusion about the views under discussion, and even about whose views are, in fact, under discussion. Elijah Millgram’s article, “Does the Categorical (...)
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  21. On Law and Justice Attributed to Archytas of Tarentum.Johnson Monte & P. S. Horky - 2020 - In David Conan Wolfsdorf (ed.), Early Greek Ethics. Oxford: Oxford University Press. pp. 455-490.
    Archytas of Tarentum, a contemporary and associate of Plato, was a famous Pythagorean, mathematician, and statesman of Tarentum. Although his works are lost and most of the fragments attributed to him were composed in later eras, they nevertheless contain valuable information about his thought. In particular, the fragments of On Law and Justice are likely based on a work by the early Peripatetic biographer Aristoxenus of Tarentum. The fragments touch on key themes of early Greek ethics, including: written and unwritten (...)
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  22. Making Philosophy of Science Relevant for Science Students.Henrik Kragh Sørensen - 2012 - Centre for Science Studies, University of Aarhus.
    Since 2004, it has been mandated by law that all Danish undergraduate university programmes have to include a compulsory course on the philosophy of science for that particular program. At the Faculty of Science and Technology, Aarhus University, the responsibility for designing and running such courses were given to the Centre for Science Studies, where a series of courses were developed aiming at the various bachelor educations of the Faculty. Since 2005, the Centre has been running a dozen different courses (...)
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  23. Hobbes’s third jurisprudence: legal pragmatism and the dualist menace.Benjamin L. S. Nelson - 2020 - Canadian Journal of Law and Jurisprudence 33 (1).
    This paper explores the possibility that Hobbesian jurisprudence is best understood as a ‘third way’ in legal theory, irreducible to classical natural law or legal positivism. I sketch two potential ‘third theories’ of law -- legal pragmatism and legal dualism -- and argue that, when considered in its broadest sense, Leviathan is best viewed as an example of legal pragmatism. I consider whether this legal pragmatist interpretation can be sustained in the examination of Leviathan’s treatment of civil law, and argue (...)
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  24. Lowering the Boom: A Brief for Penal Leniency.Benjamin S. Yost - 2023 - Criminal Law and Philosophy 17 (2):251-270.
    This paper advocates for a general policy of penal leniency: judges should often sentence offenders to a punishment less severe than initially preferred. The argument’s keystone is the relatively uncontroversial Minimal Invasion Principle (MIP). MIP says that when more than one course of action satisfies a state’s legitimate aim, only the least invasive is permissibly pursued. I contend that MIP applies in two common sentencing situations. In the first, all sentences within a statutorily specified range are equally proportionate. Here MIP (...)
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  25. A Radical Revolution in Thought: Frederick Douglass on the Slave’s Perspective on Republican Freedom.Alan M. S. J. Coffee - 2020 - In Bruno Leipold, Karma Nabulsi & Stuart White (eds.), Radical Republicanism: Recovering the Tradition's Popular Heritage. Oxford, UK: pp. 47-64.
    While the image of the slave as the antithesis of the freeman is central to republican freedom, it is striking to note that slaves themselves have not contributed to how this condition is understood. The result is a one-sided conception of both freedom and slavery, which leaves republicanism unable to provide an equal and robust protection for historically outcast people. I draw on the work of Frederick Douglass – long overlooked as a significant contributor to republican theory – to show (...)
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  26. Finding Written Law.Benjamin L. S. Nelson - manuscript
    In this paper I argue that textualism is far less attractive as a theory of written law than some of its modern proponents think. For it is not usually sensible to expect the grammatical meaning of a provision to determine its appropriate legal meaning. Factors that are unrelated to grammar in the identification of law (e.g., legal theory, context) do too much of the work. **Draft -- acknowledgments welcome, but please do not cite.**.
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  27. The Virtues of Economic Rescue Legislation: Distributive Justice, Civil Law, and the Troubled Asset Relief Program.Henry S. Kuo - 2021 - Moral Philosophy and Politics 8 (1):305-329.
    This study constitutes an ethical analysis through the lens of distributive justice in the case of the Troubled Asset Relief Program (TARP), which was enacted in the midst of the Great Recession of 2007–2009. It begins by engaging with the visions of justice constructed by John Rawls and Robert Nozick, using their insights to locate the injustices of TARP according to their moral imaginations. However, this study argues that Rawls’ and Nozick’s theories of justice primarily envision the nature of law (...)
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  28. What temptation could not be : a lesson from the criminal law.Gabriel S. Mendlow - 2014 - In Enrique Villanueva (ed.), Law and the Philosophy of Action. Amsterdam, The Netherlands: Brill | Rodopi.
    Prominent theories of the criminal law borrow heavily from the two leading theories of temptation—the evaluative conception of temptation, which conceives emotion and desire as essentially involving a kind of evaluation, and the mechanistic conception of temptation, which conceives emotion and desire as essentially involving felt motivation. As I explain, both conceptions of temptation are inconsistent with the possibility of akratic action, that is, action contrary to a person’s conscious better judgment. Both are inconsistent with the possibility of akratic action (...)
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  29. Unjust Borders: Individuals and the Ethics of Immigration.Javier S. Hidalgo - 2018 - Routledge.
    States restrict immigration on a massive scale. Governments fortify their borders with walls and fences, authorize border patrols, imprison migrants in detention centers, and deport large numbers of foreigners. Unjust Borders: Individuals and the Ethics of Immigration argues that immigration restrictions are systematically unjust and examines how individual actors should respond to this injustice. Javier Hidalgo maintains that individuals can rightfully resist immigration restrictions and often have strong moral reasons to subvert these laws. This book makes the case that (...)
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  30. The Irrevocability of Capital Punishment.Benjamin S. Yost - 2011 - Journal of Social Philosophy 42 (3):321-340.
    One of the many arguments against capital punishment is that execution is irrevocable. At its most simple, the argument has three premises. First, legal institutions should abolish penalties that do not admit correction of error, unless there are no alternative penalties. Second, irrevocable penalties are those that do not admit of correction. Third, execution is irrevocable. It follows that capital punishment should be abolished. This paper argues for the third premise. One might think that the truth of this premise is (...)
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  31. Kant's intelligible standpoint on action.Adrian M. S. Piper - 2001 - In Hans-Ulrich Baumgarten & Carsten Held (eds.), Systematische Ethik mit Kant. Alber.
    This essay attempts to render intelligible (you will pardon the pun) Kant's peculiar claims about the intelligible at A 539/B 567 – A 541/B 569 in the first Critique, in which he asserts that (1) ... [t]his acting subject would now, in conformity with his intelligible character, stand under no temporal conditions, because time is only a condition of appearances, but not of things in themselves. In him no action would begin or cease. Consequently it would not be subjected to (...)
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  32. Rawlsian Affirmative Action.Robert S. Taylor - 2009 - Ethics 119 (3):476-506.
    My paper addresses a topic--the implications of Rawls's justice as fairness for affirmative action--that has received remarkably little attention from Rawls's major interpreters. The only extended treatments of it that are in print are over a quarter-century old, and they bear scarcely any relationship to Rawls's own nonideal theorizing. Following Christine Korsgaard's lead, I work through the implications of Rawls's nonideal theory and show what it entails for affirmative action: viz. that under nonideal conditions, aggressive forms of formal equality of (...)
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  33. Market Freedom as Antipower.Robert S. Taylor - 2013 - American Political Science Review 107 (3):593-602.
    Historically, republicans were of different minds about markets: some, such as Rousseau, reviled them, while others, like Adam Smith, praised them. The recent republican resurgence has revived this issue. Classical liberals such as Gerald Gaus contend that neo-republicanism is inherently hostile to markets, while neo-republicans like Richard Dagger and Philip Pettit reject this characterization—though with less enthusiasm than one might expect. I argue here that the right republican attitude toward competitive markets is celebratory rather than acquiescent and that republicanism demands (...)
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  34. Constitutional rights and the rule of law.T. R. S. Allan - 2012 - In Matthias Klatt (ed.), Institutionalized reason: the jurisprudence of Robert Alexy. New York: Oxford University Press.
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  35. Kant on the objectivity of the moral law (1994).Adrian M. S. Piper - 1997 - In Andrews Reath, Barbara Herman & Christine Korsgaard (eds.), Reclaiming the History of Ethics: Essays for John Rawls. Cambridge University Press.
    In 1951 John Rawls expressed these convictions about the fundamental issues in metaethics: [T]he objectivity or the subjectivity of moral knowledge turns, not on the question whether ideal value entities exist or whether moral judgments are caused by emotions or whether there is a variety of moral codes the world over, but simply on the question: does there exist a reasonable method for validating and invalidating given or proposed moral rules and those decisions made on the basis of them? For (...)
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  36. Responsibility and revision: a Levinasian argument for the abolition of capital punishment.Benjamin S. Yost - 2011 - Continental Philosophy Review 44 (1):41-64.
    Most readers believe that it is difficult, verging on the impossible, to extract concrete prescriptions from the ethics of Emmanuel Levinas. Although this view is largely correct, Levinas’ philosophy can, with some assistance, generate specific duties on the part of legal actors. In this paper, I argue that the fundamental premises of Levinas’ theory of justice can be used to construct a prohibition against capital punishment. After analyzing Levinas’ concepts of justice, responsibility, and interruption, I turn toward his scattered remarks (...)
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  37. Proposed Expert System for Calculating Inheritance in Islam.Alaa N. Akkila & Samy S. Abu Naser - 2016 - World Wide Journal of Multidisciplinary Research and Development 2 (9):38-48.
    The truth of every human being is the end his life with death, and this leads to leaving assets and funds for those after him and can lead to hate between the heirs, it has made a point of Islamic law on all aspects of life, including the subject of the inheritance of the deceased. The main problem is how to get the knowledge of the basics of inheritance. This paper reviews work done in the use of expert system software (...)
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  38. No entailing laws, but enablement in the evolution of the biosphere.G. Longo, M. Montévil & S. Kauffman - 2012 - In G. Longo, M. Montévil & S. Kauffman (eds.), Genetic and Evolutionary Computation Conference. Acm. pp. 1379 -1392.
    Biological evolution is a complex blend of ever changing structural stability, variability and emergence of new phe- notypes, niches, ecosystems. We wish to argue that the evo- lution of life marks the end of a physics world view of law entailed dynamics. Our considerations depend upon dis- cussing the variability of the very ”contexts of life”: the in- teractions between organisms, biological niches and ecosys- tems. These are ever changing, intrinsically indeterminate and even unprestatable: we do not know ahead of (...)
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  39. Republicanism and Markets.Robert S. Taylor - 2019 - In Yiftah Elazar & Geneviève Rousselière (eds.), Republicanism and the Future of Democracy. Cambridge: Cambridge University Press. pp. 207-223.
    The republican tradition has long been ambivalent about markets and commercial society more generally: from the contrasting positions of Rousseau and Smith in the eighteenth century to recent neorepublican debates about capitalism, republicans have staked out diverse positions on fundamental issues of political economy. Rather than offering a systematic historical survey of these discussions, this chapter will instead focus on the leading neo-republican theory—that of Philip Pettit—and consider its implications for market society. As I will argue, Pettit’s theory is even (...)
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  40. Abortion.Jonathan Lewis & Søren Holm - 2023 - In M. Sellers & S. Kirste (eds.), Encyclopedia of the Philosophy of Law and Social Philosophy. Dordrecht: Springer. pp. 1-8.
    Abortion remains a highly controversial issue in many countries and subject to intense public debate. The aim of this chapter is to summarize the most prominent assumptions and arguments concerning the moral and legal dimensions of abortion on which this debate rests. Where the moral justifiability of abortion is concerned, this chapter focuses on arguments relating to the moral status of the fetus or embryo, the notion of personhood, the biological development of the embryo or fetus, and the moral relevance (...)
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  41. What is Legal Moralism?Thomas S.øøbirk Petersen - 2011 - SATS 12 (1):80-88.
    The aim of this critical commentary is to distinguish and analytically discuss some important variations in which legal moralism is defined in the literature. As such, the aim is not to evaluate the most plausible version of legal moralism, but to find the most plausible definition of legal moralism. As a theory of criminalization, i.e. a theory that aims to justify the criminal law we should retain, legal moralism can be, and has been, defined as follows: the immorality of an (...)
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  42.  42
    Criticism of individualist and collectivist methodological approaches to social emergence.S. M. Reza Amiri Tehrani - 2023 - Expositions: Interdisciplinary Studies in the Humanities 15 (3):111-139.
    ABSTRACT The individual-community relationship has always been one of the most fundamental topics of social sciences. In sociology, this is known as the micro-macro relationship while in economics it refers to the processes, through which, individual actions lead to macroeconomic phenomena. Based on philosophical discourse and systems theory, many sociologists even use the term "emergence" in their understanding of micro-macro relationship, which refers to collective phenomena that are created by the cooperation of individuals, but cannot be reduced to individual actions. (...)
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  43. “Seeing things”.Adrian M. S. Piper - 1991 - Southern Journal of Philosophy 29 (S1):29-60.
    In an earlier discussion, I argued that Kant's moral theory satisfies some of the basic criteria for being a genuine theory: it includes testable hypotheses, nomological higher-and lower-level laws, theoretical constructs, internal principles, and bridge principles. I tried to show that Kant's moral theory is an ideal, descriptive deductive-nomological theory that explains the behavior of a fully rational being and generates testable hypotheses about the moral behavior of actual agents whom we initially assume to conform to its theoretical constructs. (...)
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  44. Matthew Hale, Of the Law of Nature.David S. Sytsma (ed.) - 2015 - Grand Rapids, MI, USA: CLP Academic.
    This critical edition is the first ever publication of Hale's Of the Law of Nature, which previously existed only in manuscript form. After discussing and defining the law in general, Hale examines the natural law in particular, its discovery and divine origin, and how it relates to both biblical and human laws. Hale's treatise, which was likely written as part of his personal meditations, and was circulated among English lawyers after his death, reveals not only the close relationship between (...)
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  45. Mishpat Ivri, Halakhah and Legal Philosophy: Agunah and the Theory of “Legal Sources".Bernard S. Jackson - 2001 - JSiJ.
    In this paper, I ask whether mishpat ivri (Jewish Law) is appropriately conceived as a “legal system”. I review Menachem Elon’s use of a “Sources” Theory of Law (based on Salmond) in his account of Mishpat Ivri; the status of religious law from the viewpoint of jurisprudence itself (Bentham, Austin and Kelsen); then the use of sources (and the approach to “dogmatic error”) by halakhic authorities in discussing the problems of the agunah (“chained wife”), which I suggest points to a (...)
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  46. Less for Recidivists? Why retributivists have a reason to punish repeat offenders less harshly than first-time offenders ∗.Thomas Søbirk Petersen - 2012 - In Jesper Ryberg Claudio Tamburrini (ed.), Recidivists Punishment: The Philosophers' view. Lextington books.
    About 80 % of all convicted have had a prior record of conviction. But how should the state punish repeat offenders (with a prior conviction) as compared with first-time offenders who are convicted? The law in all jurisdictions, a large swathe of public opinion, and the general trend within criminal justice ethics all seem to accept what we may call: -/- Asymmetry A The punishment of repeat offenders should be harsher than the punishment of first-time offenders. -/- This asymmetry is (...)
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  47. “What is the Juxtaposition Between Silicon Valley and Mount Sinai? Covenantal Principles and the Conceptualization of Platform-User Relations”.Nadav S. Berman & Tal Z. Zarsky - 2022 - Journal of Law and Religion 37 (3):446-477.
    Over recent decades, several global tech giants have gained enormous power while at the same time generating various disputes with their end-users, local governments, and regulators. We propose that the Jewish concept of covenant can help the above parties, legal scholars, and wider society, in addressing this complex legal reality. We present the challenge of disequilibrium between the above four parties against the main points of conflict: the requirement of customer consent; clear contractual provisions upon entry; options for reasonable customer (...)
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  48. Practical Action – First Critique Foundations.Adrian M. S. Piper - 2013 - In Stefano Bacin, Alfredo Ferrarin, Claudio La Rocca & Margit Ruffing (eds.), Kant und die Philosophie in weltbürgerlicher Absicht. Akten des XI. Internationalen Kant-Kongresses. Boston: de Gruyter. pp. 495-538.
    Both European and Anglo-American philosophical traditions of Kant scholarship draw a sharp distinction between Kant’s theoretical and practical philosophies. They cite KrV, A 14.23 –28; KrV, A 15.01– 09; KrV, B 28.22 – 28; KrV, B 29.01 –12 as evidence that the analyses of intuition, understanding and reason proffered in the first Critique apply to cognition only, and therefore do not significantly illuminate his analyses of inclination, desire, or respect for the moral law in the Groundwork, second Critique, Metaphysics of (...)
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  49. Hechos, evidencia y estándares de prueba. Ensayos de epistemología jurídica.Andrés Páez (ed.) - 2015 - Bogotá, D.C., Colombia: Ediciones Uniandes.
    Aunque el derecho probatorio y el derecho procesal se han dedicado desde siempre al estudio de los problemas relacionados con las pruebas y el establecimiento de los hechos en los procesos judiciales, el énfasis ha estado siempre en el aspecto formal, doctrinal y procedimental en detrimento de los fundamentos filosóficos y teóricos. Durante los últimos años ha habido un intento sostenido de explorar estos fundamentos combinando no sólo las herramientas tradicionales proporcionadas por la lógica, la gramática y la retórica, sino (...)
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  50. The Logic of the Whole Truth.Joseph S. Fulda - 1989 - Rutgers Computer and Technology Law Journal 15 (2):435-446.
    Note: The author holds the copyright, and there was no agreement, express or implied, not to use a facsimile PDF. -/- Using erotetic logic, the paper defines the "the whole truth" in a manner consistent with U.S. Supreme Court precedent. It cannot mean "the whole story," as witnesses in an adversary system are permitted /only/ to answer the questions put to them, nor are they permitted to speculate, add irrelevant material, etc. Nor can it mean not to add an admixture (...)
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