Results for 'Gypsy lawyer'

164 found
Order:
  1. The peculiar case of Lehrer’s lawyer.Kevin Wallbridge - 2018 - Synthese 195 (4):1615-1630.
    The peculiar case of Lehrer’s lawyer purports to describe a scenario in which a subject has a justified belief, indeed knowledge, despite the fact that their belief is not causally or counterfactually sustained by any good reasons for it. The case has proven controversial. While some agree with Lehrer’s assessment of the case, others disagree, leading to a schism among accounts of the basing relation. In this paper I aim to reconcile these camps and put simple causal and counterfactual (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  2. Socialism for the Natural Lawyer.Ryan Undercoffer - 2013 - Solidarity: The Journal of Catholic Social Thought and Secular Ethics 3 (1):Article 2.
    Increased participation in public affairs by the U.S. Conference of Catholic Bishops during the highly contentious 2012 Presidential election has seemingly brought the traditions of Catholic social teaching and socialism into a high profile conflict. While it is clear that President Obama is not what most academics would consider a “socialist,” modern discourse still presents what I argue is a false dichotomy- one can be either endorse natural law (especially of the Catholic variety) or socialism, but not both. While my (...)
    Download  
     
    Export citation  
     
    Bookmark  
  3. The Superstitious Lawyer's Inference.J. Adam Carter & Patrick Bondy - 2019 - In Joseph Adam Carter & Patrick Bondy (eds.), Well Founded Belief: New Essays on the Epistemic Basing Relation. New York: Routledge.
    In Lehrer’s case of the superstitious lawyer, a lawyer possesses conclusive evidence for his client’s innocence, and he appreciates that the evidence is conclusive, but the evidence is causally inert with respect to his belief in his client’s innocence. This case has divided epistemologists ever since Lehrer originally proposed it in his argument against causal analyses of knowledge. Some have taken the claim that the lawyer bases his belief on the evidence as a data point for our (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  4. Don't Go to Lawyers for Moral Guidance.Shane Ralston - 2022 - In Brett Coppenger, Joshua Heter & Daniel Carr (eds.), Better Call Saul and Philosophy: I Think Therefore I Scam. United States: Carus Books. pp. 13-20.
    If it were followed by “I’m a president,” Richard Nixon’s televised denial (“I am not a crook”) would be tantamount to Jimmy McGill’s self-portrayal in Better Call Saul. Out of the crooked timber of humanity, an honest president or an ethical lawyer rarely emerges. They’re like needles in a haystack. Nevertheless, it’s worthwhile to search for these rare artifacts and, in the process, ask, “Why do so many lawyers (and presidents) fall from grace, transforming into morally bad or corrupt (...)
    Download  
     
    Export citation  
     
    Bookmark  
  5. The Working Lawyer as Subject and the Juridical Event.Kirk W. Junker - 2008 - Cardozo Law Review 29 (No 5):2133-2152.
    When introducing the respective roles of the philosopher and the mathematician in Being and Event, Alain Badiou notes that when representing mathematics: "placing being in the general position of an object, would immediately corrupt the necessity, for any ontological operation, of de-objedification. Hence, of course, the attitude of those the Americans call working mathematicians: they always find general considerations about their discipline vain and obsolete. They only trust whomever works hand in hand with them grinding away at the latest mathematical (...)
    Download  
     
    Export citation  
     
    Bookmark  
  6. Hallucinating ChatGPT and the innocent lawyer.Kaito Shimoura & Tam-Tri Le - 2023 - Sm3D Science Portal.
    Schwartz and his team believed ChatGPT’s answers without putting in their effort to manually check. As a result, Schwartz not only had to face a court hearing and put his career on the line but also became the target of ridicule all over the Internet.
    Download  
     
    Export citation  
     
    Bookmark  
  7. Of layers and lawyers.Michael Schmitz - 2020 - In Rachael Mellin, Raimo Tuomela & Miguel Garcia-Godinez (eds.), Social Ontology, Normativity and Law. Berlin, Germany: De Gruyter. pp. 221-240.
    How can the law be characterized in a theory of collective intentionality that treats collective intentionality as essentially layered and tries to understand these layers in terms of the structure and the format of the representations involved? And can such a theory of collective intentionality open up new perspectives on the law and shed new light on traditional questions of legal philosophy? As a philosopher of collective intentionality who is new to legal philosophy, I want to begin exploring these questions (...)
    Download  
     
    Export citation  
     
    Bookmark  
  8. Advocacy and Genuine Autonomy: The Lawyer's Role When the Client Has a Right to Do Wrong.Linda Radzik - 1999 - South Texas Law Review 40 (1):255-67.
    Stephen L. Pepper argues that lawyers and clients often act together in ways that their moral convictions would prevent them from acting individually. In an attempt to address this problem, I explore the nature of the attorney's responsibility to help her client reach autonomous decisions. To do this, I review the work of some prominent medical ethicists on a parallel to Pepper's problem in doctor-patient relationships.
    Download  
     
    Export citation  
     
    Bookmark  
  9. 'Access to Justice' as Access to a Lawyer's Language.William Conklin - 1990 - Windsor Yearbook of Access to Justice 10:454-467.
    This essay claims that ‘access to justice’ has erroneously been assumed to be synonymous with invisible concepts instead of access to a lawyer’s language. The Paper outlines how a language concerns the relation between signifiers, better known as word-images, on the one hand, with signfieds, better known as concepts, on the other. The signifieds are universal, artificial and empty in content. Taking the Canadian Charter of Rights and Freedoms as an example, officials have assumed that Charter knowledge has involved (...)
    Download  
     
    Export citation  
     
    Bookmark  
  10. Let’s Skill All the Lawyers: Shakespearean Lessons on the Nature of Law.Harold Lloyd - 2010 - Vera Lex 11 (1/2):38-80.
    Shakespeare's works present intriguing explorations of law and legal theory. They help demonstrate the flaws in command-theory positivism, natural law theory and prediction theory accounts of the law. This is a simultaneously-published abbreviated version of a longer article published in Acta Iuridica Olomucensia in 2010.
    Download  
     
    Export citation  
     
    Bookmark  
  11. Review of Becker and Gibberman, On Trial: Law, Lawyers, and the Legal System. [REVIEW]Edmund Byrne - 1989 - Journal of Legal Education 39 (1):155-156.
    Download  
     
    Export citation  
     
    Bookmark  
  12. Review of Mark H. McCormack, The Terrible Truth about Lawyers. [REVIEW]Edmund Byrne - 1988 - Journal of Legal Education 38 (3):481-483.
    Download  
     
    Export citation  
     
    Bookmark  
  13. Patients, Corporate Attorneys, and Moral Obligations.Ioan-Radu Motoarca - 2022 - St. Mary’s Journal on Legal Malpractice and Ethics 12 (2):284-328.
    There are two main questions that any account of corporate lawyers’ moral obligations needs to answer: (1) Do corporate lawyers have moral obligations to third parties? and (2) In cases of conflict between obligations to the corporation and obligations to third parties, which should prevail? This Article offers answers to these questions in the context of lawyers working in medical corporations. I argue that lawyers do have moral obligations to third parties, and that in cases where patients’ rights are being (...)
    Download  
     
    Export citation  
     
    Bookmark  
  14. Individual and Institutional Dimensions of Epistemic Injustice in Swiss Legal Education.Stephanie Deig & Sofia Balzaretti - 2022 - Cognitio – Studentisches Forum Für Recht Und Gesellschaft 1.
    In Switzerland, institutions through which legal knowledge and education are produced have systemi-cally enabled epistemic injustice through forms of silencing and the cultivation of active ignorance along individual and institutional dimensions. As such, we argue that an important form of intervention in the legal education system, which would not only provide instruments to address epistemic injustice, but also better equip lawyers as individuals and as members of a collective, epistemic community, is feminist critical theory. Providing access and engagement with critical (...)
    Download  
     
    Export citation  
     
    Bookmark  
  15. Qualitative Inquiry of Korean Judicial System-0.A.Kiyoung Kim - manuscript
    1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...)
    Download  
     
    Export citation  
     
    Bookmark  
  16. Qualitative Inquiry of Korean Judicial System-0.C.Kiyoung Kim - manuscript
    1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...)
    Download  
     
    Export citation  
     
    Bookmark  
  17. Qualitative Inquiry of Korean Judicial System-0.D.Kiyoung Kim - manuscript
    1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...)
    Download  
     
    Export citation  
     
    Bookmark  
  18. Qualitative Inquiry of Korean Judicial System-VI.E.Kiyoung Kim - manuscript
    1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...)
    Download  
     
    Export citation  
     
    Bookmark  
  19. Qualitative Inquiry of Korean Judicial System-0.B.Kiyoung Kim - manuscript
    1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...)
    Download  
     
    Export citation  
     
    Bookmark  
  20. Qualitative Inquiry of Korean Judicial System-0.F.Kiyoung Kim - manuscript
    1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...)
    Download  
     
    Export citation  
     
    Bookmark  
  21. Qualitative Inquiry of Korean Judicial System-VI.D.Kiyoung Kim - manuscript
    1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...)
    Download  
     
    Export citation  
     
    Bookmark  
  22. Qualitative Inquiry of Korean Judicial System-0.J.Kiyoung Kim - manuscript
    1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...)
    Download  
     
    Export citation  
     
    Bookmark  
  23. Qualitative Inquiry of Korean Judicial System-0.E.Kiyoung Kim - manuscript
    1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...)
    Download  
     
    Export citation  
     
    Bookmark  
  24. Qualitative Inquiry of Korean Judicial System-0.G.Kiyoung Kim - manuscript
    1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...)
    Download  
     
    Export citation  
     
    Bookmark  
  25. Qualitative Inquiry of Korean Judicial System-0.I.Kiyoung Kim - manuscript
    1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...)
    Download  
     
    Export citation  
     
    Bookmark  
  26. Law's "Way of Words:" Pragmatics and Textualist Error.Harold Anthony Lloyd - 2016 - Creighton Law Review 49.
    Lawyers and judges cannot adequately address the nature of text, meaning, or interpretation without reference to the insights provided by linguists and philosophers of language. Exploring some of those insights, this article focuses upon what linguists and philosophers of language call “pragmatics.” Pragmatics examines the relations between words and users rather than the relations of words to words (syntax) or the relations of words to the world (semantics). In other words, pragmatics studies how language users actually use and interpret words (...)
    Download  
     
    Export citation  
     
    Bookmark  
  27. Analytical jurisprudence and the concept of commercial law.John Linarelli - 2009 - Penn State Law Review 114 (1):119-215.
    Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a legal system and the validity (...)
    Download  
     
    Export citation  
     
    Bookmark  
  28. Humanitarian Intervention: An Inquiry Into Law and Morality.Fernando R. Tesón - 2005 - Brill Nijhoff.
    This work offers an analysis of all the legal and moral issues surrounding humanitarian intervention: the deaths of innocent persons and the Doctrine of Double Effect Governmental legitimacy - The Doctrine of Effective Political Control; UN Charter and evaluation of the Nicaragua ruling; The Morality of not intervening; US-led invasion of Iraq; Humanitarian intervention authorised by the UN Security Council - Iraq, Somalia, Haiti, Rwanda, and Bosnia among others highlight NATO's intervention in Kosovo; The Nicaragua Decision; and The precedents of (...)
    Download  
     
    Export citation  
     
    Bookmark   31 citations  
  29. Anti-doping, purported rights to privacy and WADA's whereabouts requirements: A legal analysis.Oskar MacGregor, Richard Griffith, Daniele Ruggiu & Mike McNamee - 2013 - Fair Play 1 (2):13-38.
    Recent discussions among lawyers, philosophers, policy researchers and athletes have focused on the potential threat to privacy posed by the World Anti-Doping Agency’s (WADA) whereabouts requirements. These requirements demand, among other things, that all elite athletes file their whereabouts information for the subsequent quarter on a quarterly basis and comprise data for one hour of each day when the athlete will be available and accessible for no advance notice testing at a specified location of their choosing. Failure to file one’s (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  30. Kantian Ethics in the Age of Artificial Intelligence and Robotics.Ozlem Ulgen - 2017 - Questions of International Law 1 (43):59-83.
    Artificial intelligence and robotics is pervasive in daily life and set to expand to new levels potentially replacing human decision-making and action. Self-driving cars, home and healthcare robots, and autonomous weapons are some examples. A distinction appears to be emerging between potentially benevolent civilian uses of the technology (eg unmanned aerial vehicles delivering medicines), and potentially malevolent military uses (eg lethal autonomous weapons killing human com- batants). Machine-mediated human interaction challenges the philosophical basis of human existence and ethical conduct. Aside (...)
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
  31.  56
    Those Fleeing States Destroyed by Climate Change Are Convention Refugees.Heather Alexander & Jonathan A. Simon - 2023 - Biblioteca Della Libertà 2023 (237):63-96.
    Multiple states are at risk of becoming uninhabitable due to climate change, forcing their populations to flee. While the 1951 Refugee Convention provides the gold standard of international protection, it is only applied to a limited subset of people fleeing their countries, those who suffer persecution, which most people fleeing climate change cannot establish. While many journalists and non-lawyers freely use the term “climate refugees,” governments, and courts, as well as UNHCR and many refugee experts, have excluded most climate refugees (...)
    Download  
     
    Export citation  
     
    Bookmark  
  32. Military Intervention in Interstate Armed Conflicts.Cécile Fabre - 2023 - Social Philosophy and Policy 40 (2):431-454.
    Suppose that state A attacks state D without warrant. The ensuing military conflict threatens international peace and security. State D (I assume) has a justification for defending itself by means of military force. Do third parties have a justification for intervening in that conflict by such means? To international public lawyers, the well-rehearsed and obvious answer is “yes.” Threats to international peace and security provide one of two exceptions to the legal and moral prohibition (as set out in Article 2[4] (...)
    Download  
     
    Export citation  
     
    Bookmark  
  33. The Right to Hunger Strike.Candice Delmas - 2023 - American Political Science Review:1–14.
    Hunger strikes are commonly repressed in prison and seen as disruptive, coercive, and violent. Hunger strikers and their advocates insist that incarcerated persons have a right to hunger strike, which protects them against repression and force-feeding. Physicians and medical ethicists generally ground this right in the right to refuse medical treatment; lawyers and legal scholars derive it from incarcerated persons’ free speech rights. Neither account adequately grounds the right to hunger strike because both misrepresent the hunger strike as noncoercive and (...)
    Download  
     
    Export citation  
     
    Bookmark  
  34. Towards a digital ethics: EDPS ethics advisory group.J. Peter Burgess, Luciano Floridi, Aurélie Pols & Jeroen van den Hoven - 2018 - EDPS Ethics Advisory Group.
    The EDPS Ethics Advisory Group (EAG) has carried out its work against the backdrop of two significant social-political moments: a growing interest in ethical issues, both in the public and in the private spheres and the imminent entry into force of the General Data Protection Regulation (GDPR) in May 2018. For some, this may nourish a perception that the work of the EAG represents a challenge to data protection professionals, particularly to lawyers in the field, as well as to companies (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  35. HARMONIZING LAW AND INNOVATIONS IN NANOMEDICINE, ARTIFICIAL INTELLIGENCE (AI) AND BIOMEDICAL ROBOTICS: A CENTRAL ASIAN PERSPECTIVE.Ammar Younas & Tegizbekova Zhyldyz Chynarbekovna - manuscript
    The recent progression in AI, nanomedicine and robotics have increased concerns about ethics, policy and law. The increasing complexity and hybrid nature of AI and nanotechnologies impact the functionality of “law in action” which can lead to legal uncertainty and ultimately to a public distrust. There is an immediate need of collaboration between Central Asian biomedical scientists, AI engineers and academic lawyers for the harmonization of AI, nanomedicines and robotics in Central Asian legal system.
    Download  
     
    Export citation  
     
    Bookmark  
  36. A practical checklist for return of results from genomic research in the European context.Danya F. Vears, Signe Mežinska, Nina Hallowell, Heidi Beate Hallowell, Bridget Ellul, Therese Haugdahl Nøst, , Berge Solberg, Angeliki Kerasidou, Shona M. Kerr, Michaela Th Mayrhofer, Elizabeth Ormondroyd, Birgitte Wirum Sand & Isabelle Budin-Ljøsne - 2023 - European Journal of Human Genetics 1:1-9.
    An increasing number of European research projects return, or plan to return, individual genomic research results (IRR) to participants. While data access is a data subject’s right under the General Data Protection Regulation (GDPR), and many legal and ethical guidelines allow or require participants to receive personal data generated in research, the practice of returning results is not straightforward and raises several practical and ethical issues. Existing guidelines focusing on return of IRR are mostly project-specific, only discuss which results to (...)
    Download  
     
    Export citation  
     
    Bookmark  
  37. Louvre Museum - Paintings.Nicolae Sfetcu - 1901 - Drobeta Turnu Severin: MultiMedia Publishing.
    The Louvre Museum is the largest of the world's art museums by its exhibition surface. These represent the Western art of the Middle Ages in 1848, those of the ancient civilizations that preceded and influenced it (Oriental, Egyptian, Greek, Etruscan and Roman), and the arts of early Christians and Islam. At the origin of the Louvre existed a castle, built by King Philip Augustus in 1190, and occupying the southwest quarter of the current Cour Carrée. In 1594, Henri IV decided (...)
    Download  
     
    Export citation  
     
    Bookmark  
  38. Resisting in Times of Law and Order: Civil Disobedience, American Conservatism, and the War on Crime.Eraldo Souza dos Santos - forthcoming - Jahrbuch für Recht Und Ethik/Annual Review of Law and Ethics.
    The history of civil disobedience until the 1960s is, historians and political theorists have shown, the history of a fundamentally anticolonial, anticapitalistic, and antimilitaristic political practice. This history was progressively erased from our political imagination as the phrase was reconceptualized by American liberal lawyers and scholars in the late-1960s and early-1970s. These liberals argued that civil disobedience was not a revolutionary but an essentially reformist form of action, at a time when social movements were accused of endangering American democracy amidst (...)
    Download  
     
    Export citation  
     
    Bookmark  
  39.  77
    The Role of Ideology in the Development of Legal Consciousness / Роль Идеологии В Развитии Правосознания.Pavel Simashenkov - 2022 - In Государственное регулирование общественных отношений в регионе: социально-экономические, правовые и историко-культурные аспекты. Чебоксары, 2022. pp. 363-369.
    The article is devoted to the analysis of the ideological component of legal consciousness. Legal ideas give meaning and weight to evaluative criteria in legal norms, develop legal intuition, which is higher than dogmatic knowledge and bureaucratic hookworming. Ideology saturates the legal form with humanistic content. Commitment to ideals does not emasculate the thinking of lawyers to constructions and algorithms. The author sees legal harmony in the combination of ideological maximalism with legal minimalism. Статья посвящена анализу идеологического компонента правосознания. Правовые (...)
    Download  
     
    Export citation  
     
    Bookmark  
  40. Thoughts on the new international law-making: A new form of international agreement revisited from a triptyke of academic disciplines (2nd edition).Kiyoung Kim - 2023 - Chosun Law Journal 30 (2):3-55.
    From the traditionalist position on international law, a new form of compact agreement, which cannot be classified as an international treaty in terms of academic framework, had long fueled much of contention in politics, international law, and constitutional law. A growing practice of compact agreement had been natural as corresponding with the global compression of international community and rising aspiration of peace regime on the international relations. The scholars of international law believe that, regardless of whether the President of the (...)
    Download  
     
    Export citation  
     
    Bookmark  
  41. The Court Bishops of Alfonso VII of Leon-Castilla, 1147-1157.Bernard Reilly - 1974 - Mediaeval Studies 36 (1):67-78.
    Download  
     
    Export citation  
     
    Bookmark  
  42. Contemporary legal philosophising: Schmitt, Kelsen, Lukács, Hart, & law and literature, with Marxism's dark legacy in Central Europe (on teaching legal philosophy in appendix).Csaba Varga - 2013 - Budapest: Szent István Társulat.
    Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 // (...)
    Download  
     
    Export citation  
     
    Bookmark  
  43. Law Society of England and Wales published a recent 'Practice Note' on criminal prosecutions of victims of trafficking.Sally Ramage - forthcoming - Criminal Law News (88).
    The Law Society recently published a practice note titled 'Prosecutions of victims of trafficking'. This practice note comes many years after many lawyers had highlighted the problem and after the government machinery had chuntered into action and passed the UK Modern Slavery Act 2015 with explanatory notes and non-statutory guidelines for corporations. Since 2012 there had been issued warnings about the way defence lawyers, the Crown Prosecution Service and the UK police were dealing with trafficking and the Criminal Cases Review (...)
    Download  
     
    Export citation  
     
    Bookmark  
  44. A new interpretivist metasemantics for fundamental legal disagreements.François Schroeter, Laura Schroeter & Kevin Toh - 2020 - Legal Theory 26 (1):62-99.
    ABSTRACTWhat does it take for lawyers and others to think or talk about the same legal topic—e.g., defamation, culpability? We argue that people are able to think or talk about the same topic not when they possess a matching substantive understanding of the topic, as traditional metasemantics says, but instead when their thoughts or utterances are related to each other in certain ways. And what determines the content of thoughts and utterances is what would best serve the core purposes of (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  45. A Critical Review of Romaphobia: The Last Acceptable Form of Racism. [REVIEW]Albert Atkin - 2021 - Critical Philosophy of Race 9 (1):151-158.
    In his book, Romaphobia: The Last Acceptable form of Racism, Aidan McGarry gives a powerful analysis of anti-Roma racism in Europe. His aims in the book are to highlight the plight of European Roma and to anal- yse the underlying causes of their persecution. The quandary, as McGarry sees it, is that Roma persecution in Europe has persisted unabated for over six hundred years. As soon as Roma appeared in Europe in the late fourteenth century they were traded as slaves, (...)
    Download  
     
    Export citation  
     
    Bookmark  
  46. Balancing Freedom and Restraint: The Role of Virtue in Legal Analysis.Harold Anthony Lloyd - 2023 - Southern California Interdisciplinary Law Journal 32:315-353.
    Even if one sees the law as “a self-contained system of legal reasoning” from which we deduce “neutral,” non-political conclusions from “general principles and analogies among cases and doctrines” (including formalist claims that judges simply call “balls and strikes” like umpires in a baseball game), one should still consider certain characteristics of the party making such deductions or calling such “balls and strikes.” [Relevant citations to quoted language are in the Article.] If such decision maker has questionable motivations, lacks proper (...)
    Download  
     
    Export citation  
     
    Bookmark  
  47. A Thought of Legal Research with Examples and Demonstrations.Kiyoung Kim - 2015 - SSRN.
    The policy makers or lawyers may face the need of legal research for reasons. The congressmen may plan to make new laws to address the challenges of their constituent or to the interest of nation. The lawyers may need to serve their clients who like to know the legal issues involved, the strategies to deal with their loss and recovery, and prospect for winning the case if the dispute has gotten worse. The lawyers may practice in a solo business or (...)
    Download  
     
    Export citation  
     
    Bookmark  
  48. No Justice in Climate Policy? Broome versus Posner, Weisbach, and Gardiner.Alyssa R. Bernstein - 2016 - Midwest Studies in Philosophy 40 (1):172-188.
    The urgent importance of dealing with the climate crisis has led some influential theorists to argue that at least some demands for justice must give way to pragmatic and strategic considerations. These theorists (Cass Sunstein, Eric Posner, and David Weisbach, all academic lawyers, and John Broome, an academic philosopher) contend that the failures of international negotiations and other efforts to change economic policies and practices have shown that moral exhortations are worse than ineffective. Although Broome's position is similar in these (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  49. Autonomous Weapons and the Nature of Law and Morality: How Rule-of-Law-Values Require Automation of the Rule of Law.Duncan MacIntosh - 2016 - Temple International and Comparative Law Journal 30 (1):99-117.
    While Autonomous Weapons Systems have obvious military advantages, there are prima facie moral objections to using them. By way of general reply to these objections, I point out similarities between the structure of law and morality on the one hand and of automata on the other. I argue that these, plus the fact that automata can be designed to lack the biases and other failings of humans, require us to automate the formulation, administration, and enforcement of law as much as (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  50. On Value and Obligation in Practical Reason: Toward a Resolution of the Is–Ought Problem in the Thomistic Moral Tradition.William Matthew Diem - 2021 - Nova et Vetera 19 (2): 531-562.
    Within the Thomistic moral tradition, the is-ought gap is regularly treated as identical to the fact-value gap, and these two dichotomies are also regularly treated as being identical to Aristotle and Aquinas’s distinction between the practical and speculative intellect. The question whether (and if so, how) practical (‘ought’) knowledge derives from speculative (‘is’) knowledge has driven some of the fiercest disputes among the schools of Thomistic natural lawyers. I intend to show that both of these identifications are wrong and the (...)
    Download  
     
    Export citation  
     
    Bookmark  
1 — 50 / 164