Results for 'First Amendment law'

954 found
Order:
  1. Under Color of Law: Obscenity vs. the First Amendment.William A. Huston - 2005 - Nexus 10 (Obscenity and the Law):9.
    Download  
     
    Export citation  
     
    Bookmark  
  2. Is Spotify Bad for Democracy? Artificial Intelligence, Cultural Democracy, and Law.Jonathan Gingerich - 2022 - Yale Journal of Law and Technology 24:227-316.
    Much scholarly attention has recently been devoted to ways in which artificial intelligence (AI) might weaken formal political democracy, but little attention has been devoted to the effect of AI on “cultural democracy”—that is, democratic control over the forms of life, aesthetic values, and conceptions of the good that circulate in a society. This work is the first to consider in detail the dangers that AI-driven cultural recommendations pose to cultural democracy. This Article argues that AI threatens to weaken (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  3. Cognitive Emotion and the Law.Harold Anthony Lloyd - 2016 - Law and Psychology Review 41.
    Many wrongly believe that emotion plays little or no role in legal reasoning. Unfortunately, Langdell and his “scientific” case method encourage this error. A careful review of analysis in the real world, however, belies this common belief. Emotion can be cognitive, and cognition can be emotional. Additionally, modern neuroscience underscores the “co-dependence” of reason and emotion. Thus, even if law were a certain science of appellate cases (which it is not), emotion could not be torn from such “science.” -/- As (...)
    Download  
     
    Export citation  
     
    Bookmark  
  4. (1 other version)The Law and Ethics of K Street.Daniel T. Ostas - 2007 - Business Ethics Quarterly 17 (1):33-63.
    This article explores the law and ethics of lobbying. The legal discussion examines disclosure regulations, employment restrictions,bribery laws, and anti-fraud provisions as each applies to the lobbying context. The analysis demonstrates that given the social value placed on the First Amendment, federal law generally affords lobbyists wide latitude in determining who, what, when, where, and how to lobby.The article then turns to ethics. Lobbying involves deliberate attempts to effect changes in the law. An argument is advanced that because (...)
    Download  
     
    Export citation  
     
    Bookmark   12 citations  
  5. Legality of Rule of Law with Chinese Characteristics: A Case of “Ultra-Sinoism”.Ammar Younas - 2020 - Russian Law Journal 8 (4):53-91.
    The legal progression in China is portrayed negatively by western scholars who often argue that the state institutions in China are subordinate to the control of Chinese Communist Party’s leadership which makes these institutions politically insignificant. We consider that the legal progression in China has an instrumental role in achieving “Harmonious Socialist Society.” The purpose of this thesis is to provide an analytical literature review of scholastic work to explain the legality of rule of law in China and to elaborate (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  6. Corporate Speech in Citizens United vs. Federal Election Commission.Kirk Ludwig - 2016 - SpazioFilosofico 16:47-79.
    In its January 20th, 2010 decision in Citizens United vs. Federal Election Commission, the United States Supreme Court ruled that certain restrictions on independent expenditures by corporations for political advocacy violate the First Amendment of the Constitution, which provides that “Congress shall make no law […] abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Justice Kennedy, writing for the (...)
    Download  
     
    Export citation  
     
    Bookmark  
  7.  26
    Democratic Vibes.Jonathan Gingerich - 2024 - William and Mary Bill of Rights Journal 32 (4):1135-1186.
    Who should decide who gets to say what on online social media platforms like Facebook, Twitter, and YouTube? American legal scholars have often thought that the private owners of these platforms should decide, in part because such an arrangement is thought to serve valuable free speech interests. This standard view has come under pressure with the enactment of statutes like Texas House Bill 20, which forbids certain platforms from “censoring” user content based on viewpoint. Such efforts to regulate the speech (...)
    Download  
     
    Export citation  
     
    Bookmark  
  8. Search Engines, Free Speech Coverage, and the Limits of Analogical Reasoning.Heather Whitney & Robert Mark Simpson - 2018 - In Susan J. Brison & Katharine Gelber (eds.), Free Speech in the Digital Age. Oup Usa. pp. 33-41.
    This paper investigates whether search engines and other new modes of online communication should be covered by free speech principles. It criticizes the analogical reason-ing that contemporary American courts and scholars have used to liken search engines to newspapers, and to extend free speech coverage to them based on that likeness. There are dissimilarities between search engines and newspapers that undermine the key analogy, and also rival analogies that can be drawn which don’t recommend free speech protection for search engines. (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  9. How To Do Things With Signs: Semiotics in Legal Theory, Practice, and Education.Harold Anthony Lloyd - forthcoming - University of Richmond Law Review.
    Note: This draft was updated on November 10, 2020. Discussing federal statutes, Justice Scalia tells us that “[t]he stark reality is that the only thing that one can say for sure was agreed to by both houses and the president (on signing the bill) is the text of the statute. The rest is legal fiction." How should we take this claim? If we take "text" to mean the printed text, that text without more is just a series of marks. If (...)
    Download  
     
    Export citation  
     
    Bookmark  
  10. Normative Ignorance: A Critical Connection Between the Insanity and Mistake of Law Defenses.Ken Levy - 2020 - Florida State University Law Review 47:411-443.
    This Article falls into three general parts. The first part starts with an important question: is the insanity defense constitutionally required? The United States Supreme Court will finally try to answer this question next term in the case of Kahler v. Kansas. -/- I say “finally” because the Court refused to answer this question in 2012 when it denied certiorari to an appeal brought by John Joseph Delling, a severely mentally ill defendant who was sentenced to life in prison (...)
    Download  
     
    Export citation  
     
    Bookmark  
  11. Section 230 Reform, Liberalism, and Their Discontents.Blaszczyk Matt - 2024 - California Western Law Review 60 (2):221-314.
    The Section 230 debate is a proxy for reevaluating constitutional fundamentals. The modern right and the modern left, both attacking Section 230, have abandoned liberalism, together with free speech, public private divide, and the politics of neutrality. Instead of believing in First Amendment value pluralism, each side of the spectrum wishes to realize their own positive normative vision for the political community which, today, is largely defined in the realm of digital culture. Each side recognizes the political other (...)
    Download  
     
    Export citation  
     
    Bookmark  
  12. Crushing Animals and Crashing Funerals: The Semiotics of Free Expression.Harold Anthony Lloyd - 2012 - First Amendment Law Review 12.
    With insights from philosophy of language and semiotics, this article addresses judicial choices and semantic errors involved in United States v. Stevens, 130 S.Ct. 1577 (2010) (refusing to read “killing” and “wounding” to include cruelty and thus striking down a federal statute outlawing videos of animal cruelty), and Snyder v. Phelps, 131 S.Ct. 1207 (2011) (finding a First Amendment right to picket military funerals and verbally attack parents of dead soldiers as part of purportedly-public expression). -/- This article (...)
    Download  
     
    Export citation  
     
    Bookmark  
  13. How do we regard fictional people? How do they regard us?Meghan M. Salomon-Amend & Lance J. Rips - forthcoming - Psychonomic Bulletin and Review.
    Readers assume that commonplace properties of the real world also hold in realistic fiction. They believe, for example, that the usual physical laws continue to apply. But controversy exists in theories of fiction about whether real individuals exist in the story’s world. Does Queen Victoria exist in the world of Jane Eyre, even though Victoria is not mentioned in it? The experiments we report here find that when participants are prompted to consider the world of a fictional individual (“Consider the (...)
    Download  
     
    Export citation  
     
    Bookmark  
  14. Defining 'Speech': Subtraction, Addition, and Division.Robert Mark Simpson - 2016 - Canadian Journal of Law and Jurisprudence 29 (2):457-494.
    In free speech theory ‘speech’ has to be defined as a special term of art. I argue that much free speech discourse comes with a tacit commitment to a ‘Subtractive Approach’ to defining speech. As an initial default, all communicative acts are assumed to qualify as speech, before exceptions are made to ‘subtract’ those acts that don’t warrant the special legal protections owed to ‘speech’. I examine how different versions of the Subtractive Approach operate, and criticise them in terms of (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  15. Speaker Meaning and the Interpretation and Construction of Executive Orders.Harold Anthony Lloyd - 2018 - Wake Forest Journal of Law and Policy 8 (2):319-361.
    This Article explores the interpretation and construction of executive orders using as examples President Trump’s two executive orders captioned “Protecting the Nation From Foreign Terrorist Entry Into the United States” (the “Two Executive Orders”). President Trump issued the Two Executive Orders in the context of (among other things) Candidate Trump’s statements such as: “Islam hates us,” and “[W]e can’t allow people coming into this country who have this hatred.” President Trump subsequently provided further context including his tweet about the second (...)
    Download  
     
    Export citation  
     
    Bookmark  
  16. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  17. Safeguard Mechanism in Jordan: Protection of the Domestic Industry.Bashar H. Malkawi - manuscript
    The WTO Agreement on Safeguards prescribes each member to adopt appropriate domestic legislation before it imposes safeguard measures. Historically, Jordan enacted its first WTO-compatible safeguard law, known as the National Production Protection Law No.4 of 1998 (“NPP Law”), in 1998 on the eve of Jordan’s accession to the WTO. Afterward, it amended its NPP Law of 1998. So now, Jordan’s safeguard system is based on the amended NPP Law No. 50 of 2002 and Regulation on Safeguard of National Production. (...)
    Download  
     
    Export citation  
     
    Bookmark  
  18. Kant’s Idea of Human Dignity: Between Tradition and Originality.Stefano Bacin - 2015 - Kant Studien 106 (1):97-106.
    This paper focuses on the relationship between Kant and the traditional view of dignity. I argue that some amendments to Sensen’s description of the traditional paradigm enable us to see more clearly both where Kant adheres to the latter and where his view is original. First, a consideration of Pufendorf’s use of dignity suggests (1) that, contrary to Sensen’s reconstruction, the traditional paradigm does not entail a connection between dignity and duties to oneself, and (2) that Pufendorf’s understanding of (...)
    Download  
     
    Export citation  
     
    Bookmark   9 citations  
  19. Why the Late Justice Scalia Was Wrong: The Fallacies of Constitutional Textualism.Ken Levy - 2017 - Lewis and Clark Law Review 21 (1):45-96.
    My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is (...)
    Download  
     
    Export citation  
     
    Bookmark  
  20.  99
    Is Somaliland a Country? An Essay on Institutional Objects in the Social Sciences.J. P. Smit & Filip Buekens - forthcoming - Dialectica.
    Searle claims that his theory of institutional reality is particularly suitable as a theoretical scheme of individuation for work in the social sciences. We argue that this is not the case. The first problem with regulatory individuation is due to the familiar fact that institutional judgments have constrained revisability criteria. The second problem with regulatory individuation is due to the fact that institutions amend their declarative judgments based on the inferential (syntactic) properties of the judgments and in response to (...)
    Download  
     
    Export citation  
     
    Bookmark  
  21. Spontaneous creation of the universe ex nihilo.Maya Lincoln & Avi Wasser - 2014 - Physics of the Dark Universe 2 (4):195-199.
    Questions regarding the formation of the Universe and ‘what was there’ before it came to existence have been of great interest to mankind at all times. Several suggestions have been presented during the ages – mostly assuming a preliminary state prior to creation. Nevertheless, theories that require initial conditions are not considered complete, since they lack an explanation of what created such conditions. We therefore propose the ‘Creatio Ex Nihilo’ (CEN) theory, aimed at describing the origin of the Universe from (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  22. Why Originalism Needs Critical Theory: Democracy, Language, and Social Power.Annaleigh Curtis - 2015 - Harvard Journal of Law and Gender 38 (2):437-459.
    I argue here that the existence of hermeneutical injustice as a pervasive feature of our collective linguistic and conceptual resources undermines the originalist task at two levels: one procedural, one substantive. First, large portions of society were (and continue to be) systematically excluded from the process of meaning creation when the Constitution and its Amendments were adopted, so originalism relies on enforcement of a meaning that was generated through an undemocratic process. Second, the original meaning of some words in (...)
    Download  
     
    Export citation  
     
    Bookmark  
  23.  44
    Natural law at the University of Pisa : from the Ius Civile teachings to the establishment of the first chair of Ius Publicum in 1726.Emanuele Salerno - 2024 - In Elisabetta Fiocchi Malaspina & Gabriella Silvestrini (eds.), Natural law and the law of nations in Eighteenth and Nineteenth-Century Italy. Boston: Brill/Nijhoff. pp. 17-49.
    This chapter describes the process of institutionalization of natural law at the University of Pisa, essential to interpreting the conditions in which the first public law chair of Italy was founded. The study of legal education in the late seventeenth and early eighteenth century will allow a more in-depth understanding of both the development of natural law in teaching practice throughout the long eighteenth century, and the features of the two processes of reception, respectively for educational and political purposes. (...)
    Download  
     
    Export citation  
     
    Bookmark  
  24. Five Kinds of Perspectives on Legal Institutions.Corrado Roversi - manuscript
    There is at least one immediate sense in which legal discourse is perspectival: it qualifies acts and facts in the world on the basis of rules. Legal concepts are for the most part constituted by rules, both in the sense that rules define these concepts’ semantic content and that, in order to engage with legal practice, we must act according to those rules, not necessarily complying with them but at least having them in mind. This is the distinctive perspective of (...)
    Download  
     
    Export citation  
     
    Bookmark  
  25. Neither a State of Nature nor a State of Exception.José Jorge Mendoza - 2011 - Radical Philosophy Review 14 (2):187-195.
    Since at least the second half of the 19th century, the U.S. federal government has enjoyed “plenary power” over its immigration policy. Plenary power allows the federal government to regulate immigration free of judicial review and thereby, with regard to immigration cases, minimize the Constitutional protections afforded to non-citizens. The justification for granting the U.S federal government such broad powers comes from a certain understanding of sovereignty; one where limiting sovereign authority in cases like immigration could potentially undermine its legitimacy (...)
    Download  
     
    Export citation  
     
    Bookmark  
  26. (What) Are Stereotyping and Discrimination? (What) Do We Want Them to Be?Alex Madva - 2021 - Social Epistemology Review and Reply Collective 10 (11):43-51.
    Comment on Beeghly, Erin. 2021. “Stereotyping as Discrimination: Why Thoughts Can Be Discriminatory.” Social Epistemology 35 (6): 547–63. -/- Beeghly’s “Stereotyping as Discrimination” is—characteristically—clear, thorough, and persuasive, rich with incisive arguments and thought-provoking case studies. In defending the view that stereotyping often constitutes discrimination, she makes a powerful case that, “Living ethically means cultivating a certain kind of ‘inner’ life and avoiding pernicious habits of thought, no matter how culturally pervasive” (Beeghly 2021b, 13). Support for such claims is traced back (...)
    Download  
     
    Export citation  
     
    Bookmark  
  27.  63
    Small Amendment Arguments: How They Work and What They Do and Do Not Show.Martin van Hees, Akshath Jitendranath & Roland Luttens - forthcoming - Theory and Decision.
    The small improvement argument has been said to establish that the standard weak preference or value relation can be incomplete. We first show that the argument is one of three possible ‘small amendment arguments’, each of which would yield the same conclusion. Generalizing the analysis thus, we subsequently present a strong and a weak version of small amendment arguments and derive the exact rationality conditions under which they reveal incompleteness. The results show that the arguments (in any (...)
    Download  
     
    Export citation  
     
    Bookmark  
  28. The First Person and the Moral Law.Dean Moyar - 2015 - Kantian Review 20 (2):289-300.
    Research Articles Dean Moyar, Kantian Review, FirstView Article.
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  29. How to Save Face & the Fourth Amendment: Developing an Algorithmic Auditing and Accountability Industry for Facial Recognition Technology in Law Enforcement.Lin Patrick - 2023 - Albany Law Journal of Science and Technology 33 (2):189-235.
    For more than two decades, police in the United States have used facial recognition to surveil civilians. Local police departments deploy facial recognition technology to identify protestors’ faces while federal law enforcement agencies quietly amass driver’s license and social media photos to build databases containing billions of faces. Yet, despite the widespread use of facial recognition in law enforcement, there are neither federal laws governing the deployment of this technology nor regulations settings standards with respect to its development. To make (...)
    Download  
     
    Export citation  
     
    Bookmark  
  30. Privacy, Transparency, and Accountability in the NSA’s Bulk Metadata Program.Alan Rubel - 2015 - In Adam D. Moore (ed.), Privacy, Security and Accountability: Ethics, Law and Policy. New York: Rowman & Littlefield International. pp. 183-202.
    Disputes at the intersection of national security, surveillance, civil liberties, and transparency are nothing new, but they have become a particularly prominent part of public discourse in the years since the attacks on the World Trade Center in September 2001. This is in part due to the dramatic nature of those attacks, in part based on significant legal developments after the attacks (classifying persons as “enemy combatants” outside the scope of traditional Geneva protections, legal memos by White House counsel providing (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  31. Democratic Constitutional Change: Assessing Institutional Possibilities.Christopher Zurn - 2016 - In Thomas Bustamante and Bernardo Gonçalves Fernandes (ed.), Democratizing Constitutional Law: Perspectives on Legal Theory and the Legitimacy of Constitutionalism. pp. 185-212.
    This paper develops a normative framework for both conceptualizing and assessing various institutional possibilities for democratic modes of constitutional change, with special attention to the recent ferment of constitutional experimentation. The paper’s basic methodological orientation is interdisciplinary, combining research in comparative constitutionalism, political science and normative political philosophy. In particular, it employs a form of normative reconstruction: attempting to glean out of recent institutional innovations the deep political ideals such institutions embody or attempt to realize. Starting from the assumption that (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  32.  32
    Leibniz and the First Law of Thermodynamics.Kateřina Lochmanová - 2024 - Teorie Vědy / Theory of Science 46 (1):89-114.
    The article presents the German philosopher G. W. Leibniz as a key precursor of the First Law of Thermodynamics. In this way, Leibniz tried to oppose Newton, who seems to have completely rejected the First Law of Thermodynamics, while at the same time remarkably anticipating the Second. Based on his polemics not only with Newton, from whose Laws of Motion thermodynamics originates, and with his advocate Samuel Clarke, but also with René Descartes, whose conception Leibniz partially followed, Leibnizʼs (...)
    Download  
     
    Export citation  
     
    Bookmark  
  33. On Law as Poetry: Shelley and Tocqueville.Joshua M. Hall - forthcoming - South African Journal of Philosophy 3 (40).
    Consonant with the ongoing “aesthetic turn” in legal scholarship, this article pursues a new conception of law as poetry. Gestures in this law-as-poetry direction appear in all three main schools in the philosophy of law’s history, as follows. First, natural law sees law as divinely-inspired prophetic poetry. Second, positive law sees the law as a creative human positing (from poetry’s poesis). And third, critical legal theory sees these posited laws as calcified prose prisons, vulnerable to poetic liberation. My (...) two sections interpret two texts at the intersections among these three theories, namely Percy Bysshe Shelley’s “A Defense of Poetry” and Alexis de Tocqueville’s Democracy in America. Shelley identifies a poetic rebirth in the ruins of natural law, suggesting a philosophy of law as “natural poesis.” And Tocqueville names several figurative aristocracies capable of redeploying aristocratic law against democratic despotism, suggesting a philosophy of law as “aristo-poetic counterforce.” Finally, I propose a new theory of law as poetry bridging these two theories, “natural aristo-poetic counterforce.”. (shrink)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  34. 'More Likely Than Not' - Knowledge First and the Role of Statistical Evidence in Courts of Law.Michael Blome-Tillmann - 2017 - In Carter Adam, Gordon Emma & Jarvis Benjamin (eds.), Knowledge First,. Oxford University Press. pp. 278-292.
    The paper takes a closer look at the role of knowledge and evidence in legal theory. In particular, the paper examines a puzzle arising from the evidential standard Preponderance of the Evidence and its application in civil procedure. Legal scholars have argued since at least the 1940s that the rule of the Preponderance of the Evidence gives rise to a puzzle concerning the role of statistical evidence in judicial proceedings, sometimes referred to as the Problem of Bare Statistical Evidence. While (...)
    Download  
     
    Export citation  
     
    Bookmark   22 citations  
  35. (1 other version)Mitochondrial Replacement Techniques and Mexico’s Rule of Law: On the Legality of the First Maternal Spindle Transfer Case.César Palacios-González - 2017 - Journal of Law and the Biosciences 4 (1):50–69.
    News about the first baby born after a mitochondrial replacement technique (MRT; specifically maternal spindle transfer) broke on September 27, 2016 and, in a matter of hours, went global. Of special interest was the fact that the mitochondrial replacement procedure happened in Mexico. One of the scientists behind this world first was quoted as having said that he and his team went to Mexico to carry out the procedure because, in Mexico, there are no rules. In this paper, (...)
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
  36. The Law of Non-Contradiction as a Metaphysical Principle.Tuomas E. Tahko - 2009 - Australasian Journal of Logic 7:32-47.
    The goals of this paper are two-fold: I wish to clarify the Aristotelian conception of the law of non-contradiction as a metaphysical rather than a semantic or logical principle, and to defend the truth of the principle in this sense. First I will explain what it in fact means that the law of non-contradiction is a metaphysical principle. The core idea is that the law of non-contradiction is a general principle derived from how things are in the world. For (...)
    Download  
     
    Export citation  
     
    Bookmark   39 citations  
  37. Laws and the Completeness of the Fundamental.Martin Glazier - 2016 - In Mark Jago (ed.), Reality Making. Oxford, United Kingdom: Oxford University Press UK. pp. 11-37.
    Any explanation of one fact in terms of another will appeal to some sort of connection between the two. In a causal explanation, the connection might be a causal mechanism or law. But not all explanations are causal, and neither are all explanatory connections. For example, in explaining the fact that a given barn is red in terms of the fact that it is crimson, we might appeal to a non-causal connection between things’ being crimson and their being red. Many (...)
    Download  
     
    Export citation  
     
    Bookmark   36 citations  
  38. The Law of Political Economy: An Introduction.Poul F. Kjaer - 2020 - In The Law of Political Economy: Transformation in the Function of Law. Edited by Poul F. Kjaer. Cambridge, Storbritannien: Cambridge University Press. pp. 1- 30.
    The law of political economy is a contentious ideological field characterised by antagonistic relations between scholarly positions which tend to be either affirmative or critical of capitalism. Going beyond this schism, two particular features appear as central to the law of political economy: the first one is the way it epistemologically seeks to handle the distinction between holism and differentiation, i.e., the extent to which it sees society as a singular whole which is larger than its parts, or, rather, (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  39. Emerald Star-Law: Three Interpretations of Earth Jurisprudence.Joshua M. Hall - forthcoming - Philosophy Today.
    Comparative religion scholar Thomas Berry’s influential concept of “Earth jurisprudence” has been helpfully elaborated in three principal books. My first section identifies four of their common themes, deriving therefrom an implicit narrative: (1) the basis of ecology is autopoiesis, which (2) originally generated human communities and Indigenous vernacular laws, which were (3) later reasserted by forest defenders who fought to create the Magna Carta’s “Charter of the Forest,” which is (4) now championed globally by the Indian physicist and eco-activist (...)
    Download  
     
    Export citation  
     
    Bookmark  
  40. Productive Laws in Relativistic Spacetimes.Chris Dorst - forthcoming - Philosophers' Imprint.
    One of the most intuitive views about the metaphysics of laws of nature is Tim Maudlin's idea of a Fundamental Law of Temporal Evolution. So-called FLOTEs are primitive elements of the universe that produce later states from earlier states. While FLOTEs are at home in traditional Newtonian and non-relativistic quantum mechanical theories (not to mention our pre-theoretic conception of the world), I consider here whether they can be made to work with relativity. In particular, shifting to relativistic spacetimes poses two (...)
    Download  
     
    Export citation  
     
    Bookmark  
  41. Assessing Law's Claim to Authority.Bas van der Vossen - 2011 - Oxford Journal of Legal Studies 31 (3):481-501.
    The idea that law claims authority (LCA) has recently been forcefully criticized by a number of authors. These authors present a new and intriguing objection, arguing that law cannot be said to claim authority if such a claim is not justified. That is, these authors argue that the view that law does not have authority viciously conflicts with the view that law claims authority. I will call this the normative critique of LCA. In this article, I assess the normative critique (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  42. Laws of Nature.Tuomas E. Tahko - 2024 - In A. R. J. Fisher & Anna-Sofia Maurin (eds.), The Routledge Handbook of Properties. London: Routledge. pp. 337-346.
    Properties have an important role in specifying different views on laws of nature: virtually any position on laws will make some reference to properties, and some of the leading views even reduce laws to properties. This chapter will first outline what laws of nature are typically taken to be and then specify their connection to properties in more detail. We then move on to consider three different accounts of properties: natural, essential, and dispositional properties, and we shall see that (...)
    Download  
     
    Export citation  
     
    Bookmark  
  43. Mechanisms, Laws, and Regularities.Holly K. Andersen - 2011 - Philosophy of Science 78 (2):325-331.
    Leuridan (2010) argued that mechanisms cannot provide a genuine alternative to laws of nature as a model of explanation in the sciences, and advocates Mitchell’s (1997) pragmatic account of laws. I first demonstrate that Leuridan gets the order of priority wrong between mechanisms, regularity, and laws, and then make some clarifying remarks about how laws and mechanisms relate to regularities. Mechanisms are not an explanatory alternative to regularities; they are an alternative to laws. The existence of stable regularities in (...)
    Download  
     
    Export citation  
     
    Bookmark   17 citations  
  44. First principles in the life sciences: the free-energy principle, organicism, and mechanism.Matteo Colombo & Cory Wright - 2021 - Synthese 198 (14):3463–3488.
    The free-energy principle states that all systems that minimize their free energy resist a tendency to physical disintegration. Originally proposed to account for perception, learning, and action, the free-energy principle has been applied to the evolution, development, morphology, anatomy and function of the brain, and has been called a postulate, an unfalsifiable principle, a natural law, and an imperative. While it might afford a theoretical foundation for understanding the relationship between environment, life, and mind, its epistemic status is unclear. Also (...)
    Download  
     
    Export citation  
     
    Bookmark   34 citations  
  45. Necessary Laws and Chemical Kinds.Nora Berenstain - 2014 - Australasian Journal of Philosophy 92 (4):631-647.
    Contingentism, generally contrasted with law necessitarianism, is the view that the laws of nature are contingent. It is often coupled with the claim that their contingency is knowable a priori. This paper considers Bird's (2001, 2002, 2005, 2007) arguments for the thesis that, necessarily, salt dissolves in water; and it defends his view against Beebee's (2001) and Psillos's (2002) contingentist objections. A new contingentist objection is offered and several reasons for scepticism about its success are raised. It is concluded that (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  46. Necessary Laws.Max Kistler - 2005 - In Jan Faye, Paul Needham, Uwe Scheffler & Max Urchs (eds.), Nature's Principles. Springer. pp. 201-227.
    In the first part of this paper, I argue against the view that laws of nature are contingent, by attacking a necessary condition for its truth within the framework of a conception of laws as relations between universals. I try to show that there is no independent reason to think that universals have an essence independent of their nomological properties. However, such a non-qualitative essence is required to make sense of the idea that different laws link the same universals (...)
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  47. On Ramsey’s reason to amend Principia Mathematica’s logicism and Wittgenstein’s reaction.Anderson Nakano - 2020 - Synthese 2020 (1):2629-2646.
    In the Foundations of Mathematics, Ramsey attempted to amend Principia Mathematica’s logicism to meet serious objections raised against it. While Ramsey’s paper is well known, some questions concerning Ramsey’s motivations to write it and its reception still remain. This paper considers these questions afresh. First, an account is provided for why Ramsey decided to work on his paper instead of simply accepting Wittgenstein’s account of mathematics as presented in the Tractatus. Secondly, evidence is given supporting that Wittgenstein was not (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  48. Environmental law & the limits of markets.Jonathan Benson - 2018 - Cambridge Journal of Economics 42 (1):215–230.
    A number of writers have drawn on Hayek’s epistemic defence of market institutions to argue that free-markets and tort law are best placed to overcome the knowledge problems associated with the environmental sphere. This paper argues to the contrary, that this Austrian School approach itself suffers from significant knowledge problems. The first of these relates to the ability of Austrian economics to assign victim compensation and the second to the difficulty of establishing causation in complex environmental problems. The paper (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  49. Moral Law.Paul Formosa - 2014 - In Michael T. Gibbons (ed.), The Encyclopedia of Political Thought. Malden, MA: Wiley-Blackwell. pp. 2438-2455.
    What is the moral law and what role does it and should it play in political theory and political practice? In this entry we will try to answer these important questions by first examining what the moral law is, before investigating the different ways in which the relationship between morality and politics can be conceptualized.
    Download  
     
    Export citation  
     
    Bookmark  
  50. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
1 — 50 / 954