Results for 'Jurisprudence'

138 found
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  1. Experimental Jurisprudence.Kevin Tobia - 2022 - University of Chicago Law Review 89:735-802.
    “Experimental jurisprudence” draws on empirical data to inform questions typically associated with jurisprudence or legal theory. Scholars in this flourishing movement conduct empirical studies about a variety of legal language and concepts. Despite the movement’s growth, its justification is still opaque. Jurisprudence is the study of deep and longstanding theoretical questions about law’s nature, but “experimental jurisprudence,” it might seem, simply surveys laypeople. This Article elaborates and defends experimental jurisprudence. Experimental jurisprudence, appropriately understood, is (...)
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  2.  84
    The Jurisprudence of Universal Subjectivity: COVID-19, Vulnerability and Housing.Kevin Jobe - 2021 - International Journal of Discrimination and the Law 21 (3):254-271.
    Drawing upon Martha Fineman’s vulnerability theory, the paper argues that the legal claims of homeless appellants before and during the COVID-19 pandemic illustrate our universal vulnerability which stems from the essential, life-sustaining activities flowing from the ontological status of the human body. By recognizing that housing availability has constitutional significance because it provides for life-sustaining activities such as sleeping, eating and lying down, I argue that the legal rationale reviewed in the paper underscores the empirical, ontological reality of the body (...)
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  3. 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 (...)
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  4.  50
    Genealogy and Jurisprudence in Fichte’s Genetic Deduction of the Categories.G. Anthony Bruno - 2018 - History of Philosophy Quarterly 35 (1):77-96.
    Fichte argues that the conclusion of Kant’s transcendental deduction of the categories is correct yet lacks a crucial premise, given Kant’s admission that the metaphysical deduction locates an arbitrary origin for the categories. Fichte provides the missing premise by employing a new method: a genetic deduction of the categories from a first principle. Since Fichte claims to articulate the same view as Kant in a different, it is crucial to grasp genetic deduction in relation to the sorts of deduction that (...)
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  5. Fictionalising Jurisprudence: An Introduction to Strong Legal Fictionalism.David Gawthorne - 2013 - Australian Journal of Legal Philosophy 38:52-73.
    The proposed theoretical motivation for legal fictionalism begins by focusing upon the seemingly supernatural powers of creation and control that mere mortals exercise over legal things, as a subclass of socially constructed things. This focus brings to the fore a dilemma of uncharitableness concerning the ontological commitments expressed in the discourse of whole societies about such things. Either, there is widespread equivocation as to the fundamental concept expressed by terms such as ‘existence’ or our claims about legal and other institutional (...)
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  6. Paraphysical Jurisprudent Massacre Mediation.L. Amoroso Richard - 2015 - Journal of Consciousness Exploration and Research 7 (1):18-36.
    It is possible and thereby feasible to develop and implement a pragmatic methodology for a preemptive evidentiary system of ‘Paraphysical Jurisprudence’ for mediating the occurrence of massacres. A required comprehensive completion and formalizing of the tools of epistemology (theory of knowledge) already exists and has been tested both ecumenically and scientifically. The evolution of epistemology has followed the historical progression from myth and superstition to logic and reason to empiricism and now finally to the utility of ‘transcendence’ as a (...)
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  7. 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 (...)
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  8. Realism and Jurisprudence a Contemporary Assessment, A Book Review of Brian Z. Tamanaha's A Realistic Theory of Law. [REVIEW]Kevin Lee - forthcoming - Golden Gate University Law Review.
    Brian Z. Tamanaha has written extensively on realism in jurisprudence, but in his Realistic Theory of Law (2018), he uses "realism" in a commonplace way to ground a rough outline of legal history. While he refers to his method as genealogical, he does not acknowledge the complex tensions in the development of the philosophical use of that term from Nietzsche to Foucault, and the complex epistemological issues that separate them. While the book makes many interesting points, the methodological concerns (...)
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  9. Structural Realism and Jurisprudence.Kevin Lee - 2017 - Legal Issues Journal 5 (2).
    Some Anglophone legal theorists look to analytic philosophy for core presuppositions. For example, the epistemological theories of Ludwig Wittgenstein and Willard Quine shape the theories of Dennis Patterson and Brian Leiter, respectively. These epistemologies are anti-foundational since they reject the kind of certain grounding that is exemplified in Cartesian philosophy. And, they are coherentist in that they seek to legitimate truth-claims by reference to entire linguistic systems. While these theories are insightful, the current context of information and communication technologies (ICT) (...)
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  10. Jurisprudence of Intellectual Property Rights.Pooja Parashar - 2019 - International Journal of Academic Multidisciplinary Research (IJAMR) 3 (4):2-9.
    Abstract: The Present Article provides the Comprehensive Prudence behind the Intellectual Property Rights. In Indian sub-continent various Laws are enacted which grants Protection to the intellect. Intellectual Property has various domains and its kinds, it can be a Process, Product, Design, Literature, Music, Art, Computer programs or a Brand name. This Article covers the basic principles and the Rationality behind Intellectual Property Rights granted to the Proprietor by the Government.
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  11. The Pragmatist School in Analytic Jurisprudence.Raff Donelson - 2021 - Philosophical Issues 31 (1):66-84.
    Almost twenty years ago, a genuinely new school of thought emerged in the field of jurisprudential methodology. It is a pragmatist school. Roughly, the pragmatists contend that, when inquiring about the nature of law, we should evaluate potential answers based on practical criteria. For many legal philosophers, this contention seems both unclear and unhinged. That appearance is lamentable. The pragmatist approach to jurisprudential methodology has received insufficient attention for at least two reasons. First, the pragmatists do not conceive of themselves (...)
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  12. Affirmative Sexual Consent in Canadian Law, Jurisprudence, and Legal Theory.Lucinda Vandervort - 2012 - Columbia Journal of Gender and Law 23 (2):395-442.
    This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws (...)
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  13. Constructed and Wild Conceptual Necessities in Contemporary Jurisprudence.Stefan Sciaraffa - 2015 - Jurisprudence 6 (2):391-406.
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  14.  54
    Reconstructing the Legacy of Pragmatist Jurisprudence.Shane J. Ralston - 2012 - Pragmatism Today 3 (1):58-66.
    In Law, Pragmatism and Democracy, Richard Posner wrestles with the ghost of John Dewey for the mantle of pragmatist jurisprudence. Most commentators have seen this work as pitting Posner against Dewey in a contest of pragmatisms, the stakes for which are no less than their respective legacies for legal and democratic theory. Some have sided with Posner and others with Dewey. I contend that the commentators have misidentified the target of Posner’s critique. Posner had another legal theorist in mind (...)
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  15. Human Rights and the Forgotten Acts of Meaning in the Social Conventions of Conceptual Jurisprudence.William Conklin - 2014 - Metodo. International Studies in Phenomenology and Philosophy 2 (1):169-199.
    This essay claims that a rupture between two languages permeates human rights discourse in contemporary Anglo-American legal thought. Human rights law is no exception. The one language is written in the sense that a signifying relation inscribed by institutional authors represents concepts. Theories of law have shared such a preoccupation with concepts. Legal rules, doctrines, principles, rights and duties exemplify legal concepts. One is mindful of the dominant tradition of Anglo-American conceptual jurisprudence in this regard. Words have been thought (...)
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  16. A Sporting Dilemma and its Jurisprudence.Patrick Lenta & Simon Beck - 2006 - Journal of the Philosophy of Sport 33 (2):125-143.
    Our purpose in this article is to draw attention to a connection that obtains between two dilemmas from two separate spheres: sports and the law. It is our contention that umpires in the game of cricket may face a dilemma that is similar to a dilemma confronted by legal decision makers and that comparing the nature of the dilemmas, and the arguments advanced to solve them, will serve to advance our understanding of both the law and games.
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  17.  14
    Il 'Good Government' in Adam Smith: tra Jurisprudence, Political Œconomy e Theory of Moral Sentiments.Paolo Silvestri - 2012 - Teoria E Critica Della Regolazione Sociale 2012:1-30.
    In this essay I intend to analyze the issue of good government in the works of Adam Smith, the importance of which seems to have not received due attention. The reconstruction is driven by three hermeneutical hypotheses concerning the role played by the idea of good government in the development of Smith's speculation: 1) the «good government» has a synthetic character, holding together the different aspects – moral, legal, economic and political – of his reflection; 2) it emerges against the (...)
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  18. From Totem and Taboo to Psychoanalytic Jurisprudence.José Brunner - 2000 - In M. Levine (ed.), The Analytic Freud. Routledge. pp. 277.
    This essays argues that Freud’s vision of the rule of law may be worthwhile pondering by legal scholars. It can heighten awareness of its unconscious dimensions and point to a variety of ways in which the law functions as part of culture or civilization, rather than as a system with its own rules. The first two parts of the essay seek to reconstruct Freud’s notion of the rule of law as a dialectical or paradoxical civilizatory force, restraining the passions even (...)
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  19.  71
    Utility, Universality, and Impartiality in Adam Smith’s Jurisprudence.S. M. Amadae - 2008 - The Adam Smith Review 4:238-246.
    This paper examines how the concepts of utility, impartiality, and universality worked together to form the foundation of Adam Smith's jurisprudence. It argues that the theory of utility consistent with contemporary rational choice theory is insufficient to account for Smith's use of utility. Smith's jurisprudence relies on the impartial spectator's sympathetic judgment over whether third parties are injured, and not individuals' expected utility associated with individuals' expected gains from rendering judgments over innocence or guilt.
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  20. Certainty, Laws and Facts in Francis Bacon's Jurisprudence.Silvia Manzo - 2014 - Intellectual History Review 24 (4):457-478.
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  21. Reflections on the Connection of Virtue Ethics to Therapeutic Jurisprudence.Adrian Evans & Michael King - 2012 - University of New South Wales Law Journal 35 (3):717-746.
    Therapeutic Jurisprudence (‘TJ’) and virtue ethics are major parallel forces for good in legal practice. Both seek to understand and mediate frailness in human behaviour and explain why such ‘goodness’ is important for lawyers and their clients. But while a TJ practitioner and a virtue ethicist are often in agreement, they are fraternal rather than identical twins. This paper is addressed to those practising lawyers for whom TJ may become a central motivation to practice law, by reflecting on the (...)
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  22. Cancellation of Bail.Deepa Kansra - 2019 - Delhi, India: Bail: Law and Practice in India, Indian Law Institute, India.
    BAIL JURISPRUDENCE in India (as in other common law countries) has evolved laying emphasis on the right to liberty of the accused as opposed to the requirement of the State to keep him/her under custody... The mechanism for cancellation of bail is provided in law in order to ensure that justice will be done to the society by preventing the accused who had been set at liberty by the bail order from tampering with the evidence in a heinous crime. (...)
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  23.  7
    The (ir)relevance of moral facts as metaphysical foundations of legal facts.Vicente F. Guerra Ochoa - manuscript
    Since the last century, determining the content of the law has been one of the main discussions of Jurisprudence. The Hart-Dworkin debate has dominated the discussion: to Hart, only social facts determine the content of the law; to Dworkin, it is necessary also to consider moral facts. There has been substantial progress in the debate in the last decades; nonetheless, it is far from settled. Mark Greenberg's idea about the epistemology of nonbasic domains and the tracking of their metaphysics (...)
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  24. David Hume and the Common Law of England.Neil McArthur - 2005 - Journal of Scottish Philosophy 3 (1):67-82.
    David Hume’s legal theory has normally been interpreted as bearing close affinities to the English common law theory of jurisprudence. I argue that this is not accurate. For Hume, it is the nature and functioning of a country’s legal system, not the provenance of that system, that provides the foundation of its authority. He judges government by its ability to protect property in a reliable and equitable way. His positions on the role of equity in the law, on artificial (...)
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  25.  63
    Virtuous Law-Breaking.G. Alex Sinha - 2021 - Washington University Jurisprudence Review 2 (13):199-252.
    A rapidly growing body of scholarship embraces virtue jurisprudence, a series of (often ad hoc) attempts to incorporate the philosophical tradition of virtue ethics into legal theory. Broadly understood, virtue ethics describes an approach to moral questions that emphasizes the importance of developing and embodying various virtues, often as manifestations of human flourishing. Scholars typically contrast virtue ethics with deontological and consequentialist moral theories, tracing virtue-centered analysis to ancient Greek philosophers, and in particular to Aristotle. Virtue ethics has experienced (...)
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  26. Yurisprudensi Terapeutik: Peran Integratif Psikologi Dalam Proses Hukum Untuk Melayani Kesejahteraan Pribadi (Well-Being) Klien Hukum. Juneman - 2008 - Jurnal Kajian Ilmiah Universitas Bhayangkara Jakarta Raya 9 (3):908-922.
    Until recently there has been no general theory concerning the impact of legal processes upon participant wellbeing and its implications for attaining justice system objectives. This gap has been filled by therapeutic jurisprudence. Its essential premise is that the law does have therapeutic or anti-therapeutic consequences. This paper uses existing research to explore how the tools of the behavioral sciences, e.g. psychology, can be used to study the therapeutic and anti-therapeutic impact of the law, and that we can think (...)
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  27. Political Liberalism and the False Neutrality Objection.Étienne Brown - 2018 - Critical Review of International Social and Political Philosophy 1 (7):1-20.
    One central objection to philosophical defences of liberal neutrality is that many neutrally justified laws and policies are nonetheless discriminatory as they unilaterally impose costs or confer unearned privileges on the bearers of a particular conception of the good. Call this the false neutrality objection. While liberal neutralists seldom consider this objection to be a serious allegation, and often claim that it rests on a misunderstanding, I argue that it is a serious challenge for proponents of justificatory neutrality. Indeed, a (...)
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  28. Hobbes, Civil Law, Liberty and the Elements of Law.Patricia Springborg - 2016 - Critical Review of International Social and Political Philosophy 19 (1):47-67.
    When he gave his first political work the title The Elements of Law Natural and Politic, Hobbes signalled an agenda to revise and incorporate continental Roman and Natural Law traditions for use in Great Britain, and from first to last he remained faithful to this agenda, which it took his entire corpus to complete. The success of his project is registered in the impact Hobbes had upon the continental legal system in turn, specific aspects of his theory, as for instance (...)
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  29. The Law From Wergild to the Postmodern: Thinking of Restorative Justice.Chatterjee Subhasis Chattopadhyay - manuscript
    This is part of a proposed monograph on the Law, and jurisprudence and is to be used for understanding punishment through wergild to the early Modern and to even the post-modern. The paper is just a draft and in the future will be published as a monograph.
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  30. Free Will and Compatibilism.Leslie Allan - manuscript
    The author mounts a case against the libertarian and hard determinist's thesis that free will is impossible in a deterministic world. He charges incompatibilists with misconstruing ordinary 'free will' talk by overlaying common language with their own metaphysical presuppositions. Through a review of ordinary discourse and recent developments in jurisprudence and the sciences, he draws together the four key factors required for an act to be free. He then puts his 4C theory to work in giving a credible account (...)
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  31. Ar-Risalah Imam Syafi'i.Zainul Maarif - 2018 - Jakarta, Indonesia: Turos Pustaka.
    Imam Syafi'i is the leader of Syafi'ism in Sunni Islam law, who wrote Ar-Risalah as the first book on Islamic jurisprudence (Islamic philosophy of law). Majority of Muslim in Indonesia is the follower of his thought. Therefore, his book is translated into bahasa Indonesia and commented philosophically.
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  32.  92
    Describing Law.Raff Donelson - 2020 - Canadian Journal of Law and Jurisprudence 33 (1):85-106.
    Legal philosophers make a number of bold, contentious claims about the nature of law. For instance, some claim that law necessarily involves coercion, while others disagree. Some claim that all law enjoys presumptive moral validity, while others disagree. We can see these claims in at least three, mutually exclusive ways: (1) We can see them as descriptions of law’s nature (descriptivism), (2) we can see them as expressing non-descriptive attitudes of the legal philosophers in question (expressivism), or (3) we can (...)
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  33.  26
    Monitoring Peace and Security Mandates for Human Rights.Deepa Kansra - 2022 - Artha: The Sri Ram Economics Journal 1 (1):188-192.
    The jurisprudence under international human rights treaties has had a considerable impact across countries. Known for addressing complex agendas, the work of expert bodies under the treaties has been credited and relied upon for filling the gaps in the realization of several objectives, including the peace and security agenda. -/- In 1982, the Human Rights Committee (ICCPR), in a General Comment observed that “states have the supreme duty to prevent wars, acts of genocide and other acts of mass violence (...)
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  34. Bail Under Special Legislations.Deepa Kansra - 2019 - In Manoj Kr Sinha and Anuragdeep (ed.), Bail: Law and Practice in India. Delhi, India: pp. 185-193.
    BAIL JURISPRUDENCE in India (as in other common law countries) has evolved laying emphasis on the right to liberty of the accused as opposed to the requirement of the State to keep him/her under custody...The mechanism for cancellation of bail is provided in law in order to ensure that justice will be done to the society by preventing the accused who had been set at liberty by the bail order from tampering with the evidence in a heinous crime. At (...)
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  35.  96
    Are There Cross-Cultural Legal Principles? Modal Reasoning Uncovers Procedural Constraints on Law.Ivar R. Hannikainen, Kevin P. Tobia, Guilherme da F. C. F. De Almeida, Raff Donelson, Vilius Dranseika, Markus Kneer, Niek Strohmaier, Piotr Bystranowski, Kristina Dolinina, Bartosz Janik, Sothie Keo, Eglė Lauraitytė, Alice Liefgreen, Maciej Próchnicki, Alejandro Rosas & Noel Struchiner - 2021 - Cognitive Science 45 (8):e13024.
    Despite pervasive variation in the content of laws, legal theorists and anthropologists have argued that laws share certain abstract features and even speculated that law may be a human universal. In the present report, we evaluate this thesis through an experiment administered in 11 different countries. Are there cross-cultural principles of law? In a between-subjects design, participants (N = 3,054) were asked whether there could be laws that violate certain procedural principles (e.g., laws applied retrospectively or unintelligible laws), and also (...)
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  36. Aggregating Sets of Judgments: An Impossibility Result.Christian List & Philip Pettit - 2002 - Economics and Philosophy 18 (1):89-110.
    Suppose that the members of a group each hold a rational set of judgments on some interconnected questions, and imagine that the group itself has to form a collective, rational set of judgments on those questions. How should it go about dealing with this task? We argue that the question raised is subject to a difficulty that has recently been noticed in discussion of the doctrinal paradox in jurisprudence. And we show that there is a general impossibility theorem that (...)
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  37. Deliberative Democracy and the Discursive Dilemma.Philip Pettit - 2001 - Philosophical Issues 11 (1):268-299.
    Taken as a model for how groups should make collective judgments and decisions, the ideal of deliberative democracy is inherently ambiguous. Consider the idealised case where it is agreed on all sides that a certain conclusion should be endorsed if and only if certain premises are admitted. Does deliberative democracy recommend that members of the group debate the premises and then individually vote, in the light of that debate, on whether or not to support the conclusion? Or does it recommend (...)
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  38. Fairness and the Architecture of Responsibility.David O. Brink & Dana K. Nelkin - 2013 - Oxford Studies in Agency and Responsibility 1:284-313.
    This essay explores a conception of responsibility at work in moral and criminal responsibility. Our conception draws on work in the compatibilist tradition that focuses on the choices of agents who are reasons-responsive and work in criminal jurisprudence that understands responsibility in terms of the choices of agents who have capacities for practical reason and whose situation affords them the fair opportunity to avoid wrongdoing. Our conception brings together the dimensions of normative competence and situational control, and we factor (...)
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  39. Willful Ignorance and Self-Deception.Kevin Lynch - 2016 - Philosophical Studies 173 (2):505-523.
    Willful ignorance is an important concept in criminal law and jurisprudence, though it has not received much discussion in philosophy. When it is mentioned, however, it is regularly assumed to be a kind of self-deception. In this article I will argue that self-deception and willful ignorance are distinct psychological kinds. First, some examples of willful ignorance are presented and discussed, and an analysis of the phenomenon is developed. Then it is shown that current theories of self-deception give no support (...)
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  40. Natural Justice : An Aretaic Account of the Virtue of Lawfulness.Lawrence B. Solum - 2007 - In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue Jurisprudence. Palgrave-Macmillan.
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  41.  96
    Faultless Responsibility: On the Nature and Allocation of Moral Responsibility for Distributed Moral Actions.Luciano Floridi - 2016 - Philosophical Transactions of the Royal Society A 374:20160112.
    The concept of distributed moral responsibility (DMR) has a long history. When it is understood as being entirely reducible to the sum of (some) human, individual and already morally loaded actions, then the allocation of DMR, and hence of praise and reward or blame and punishment, may be pragmatically difficult, but not conceptually problematic. However, in distributed environments, it is increasingly possible that a network of agents, some human, some artificial (e.g. a program) and some hybrid (e.g. a group of (...)
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  42. Preface to a Philosophy of Legal Information.Kevin Lee - 2018 - SMU Science and Technology Law Review 20.
    This essay introduces the philosophy of legal information (PLI), which is a response to the radical changes brought about in philosophy by the information revolution. It reviews in some detail the work of Luciano Floridi, who is an influential advocate for an information turn in philosophy that he calls the philosophy of information (PI). Floridi proposes that philosophers investigate the conceptual nature of information as it currently exists across multiple disciplines. He shows how a focus on the informational nature of (...)
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  43. Legal Facts and Reasons for Action: Between Deflationary and Robust Conceptions of Law’s Reason-Giving Capacity.Noam Gur - 2019 - In Frederick Schauer, Christoph Bezemek & Nicoletta Bersier Ladavac (eds.), The Normative Force of the Factual: Legal Philosophy Between is and Ought. Springer Verlag. pp. 151-170.
    This chapter considers whether legal requirements can constitute reasons for action independently of the merits of the requirement at hand. While jurisprudential opinion on this question is far from uniform, sceptical views are becoming increasingly dominant. Such views typically contend that, while the law can be indicative of pre-existing reasons, or can trigger pre-existing reasons into operation, it cannot constitute new reasons. This chapter offers support to a somewhat less sceptical position, according to which the fact that a legal requirement (...)
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  44. Law’s Artifactual Nature: How Legal Institutions Generate Normativity.Kenneth M. Ehrenberg - 2015 - In George Pavlakos & Veronica Rodriguez-Blanco (eds.), Reasons and Intentions in Law and Practical Agency. Cambridge University Press. pp. 247-266.
    I argue that law is best understood as an institutionalized abstract artifact. Using the ideas of John Searle on institutions and Amie Thomasson on artifacts, I show how the law is capable of generating new reasons for action, arguing against recent work by David Enoch who holds that legal reason-giving is ultimately a form of triggering conditional reasons.
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  45.  95
    Lon Fuller's Legal Structuralism.William Conklin - 2012 - In Bjarne Melkevik (ed.), Standing Tall Hommages a Csaba Varga. Budapest: Pazmany Press. pp. 97-121.
    Anglo-American general jurisprudence remains preoccupied with the relationship of legality to morality. This has especially been so in the re-reading of Lon Fuller’s theory of an implied morality in any law. More often than not, Fuller has been said to distinguish between the identity of a discrete rule and something called ‘morality’. In this reading of Fuller, however, insufficient attention to what is signified by ‘morality’. Such an implied morality has been understood in terms of deontological duties, the Good (...)
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  46. Fuller and the Folk: The Inner Morality of Law Revisited.Raff Donelson & Ivar R. Hannikainen - 2020 - In Oxford Studies in Experimental Philosophy, Volume 3. Oxford: pp. 6-28.
    The experimental turn in philosophy has reached several sub-fields including ethics, epistemology, and metaphysics. This paper is among the first to apply experimental techniques to questions in the philosophy of law. Specifically, we examine Lon Fuller's procedural natural law theory. Fuller famously claimed that legal systems necessarily observe eight principles he called "the inner morality of law." We evaluate Fuller's claim by surveying both ordinary people and legal experts about their intuitions about legal systems. We conclude that, at best, we (...)
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  47.  84
    Finding Footing in a Postmodern Conception of Law.Bryan Druzin - 2012 - Postmodern Openings 3 (1):41-56.
    The following jurisprudence paper examines the implications of postmodern thought upon our conception of law. In this paper I argue that, despite the absolute, all-consuming moral relativism towards which postmodernism seems to lead in its most extreme form, its acceptance in fact in no way undermines the possibility of finding solid ground for our legal principles. This paper contends that moral objectivity can be found in the individual experience of suffering generated by these very subjective concoctions. Subjective concoctions or (...)
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  48. The Nature and Value of Vagueness in the Law.Hrafn Asgeirsson - 2020 - Oxford: Hart Publishing.
    Sample chapter from H. Asgeirsson, The Nature and Value of Vagueness in the Law (Hart Publishing, 2020), in which I present and partially defend a version of what has come to be called the communicative-content theory of law. Book abstract: Lawmaking is – paradigmatically – a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, what they communicate is sometimes vague (...)
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  49. Kelsen, Hart, and Legal Normativity.Brian Bix - 2018 - Revus. Journal for Constitutional Theory and Philosophy of Law / Revija Za Ustavno Teorijo in Filozofijo Prava 34:25-42.
    This article focuses on issues relating to legal normativity, emphasizing the way these matters have been elaborated in the works of Kelsen and Hart and later commentators on their theories. First, in Section 2, the author offers a view regarding the nature of law and legal normativity focusing on Kelsen's work (at least one reasonable reading of it). The argument is that the Basic Norm is presupposed when a citizen chooses to read the actions of legal officials in a normative (...)
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  50. Procedural Justice.Lawrence B. Solum - 2004 - Southern California Law Review 78:181.
    "Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with two (...)
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