Results for 'L. K. Gustin Law'

999 found
Order:
See also
Lok-Chun K. Gustin Law
University of Pittsburgh
  1.  61
    Moral Advance and Moral Risk -- A Mengzian Reflection.L. K. Gustin Law - forthcoming - Dao: A Journal of Comparative Philosophy.
    On one view of moral development, someone not yet virtuous can reliably progress by engaging in what meaningfully resembles virtuous conduct. However, one may also morally degrade from such an attempt precisely because of the way in which one's character still falls short of virtue. This risk of degradation casts doubt on the developmental view. I counter the doubt by refining the developmental view through interpretation and application of the Mengzi. In passage 2A2, invoking the image of a farmer who (...)
    Download  
     
    Export citation  
     
    Bookmark  
  2.  48
    Is Human Virtue a Civic Virtue? A Reading of Aristotle's Politics 3.4.Lok-Chun K. Gustin Law - 2017 - In Aristotle's Practical Philosophy: On the Relationship between His Ethics and Politics. Cham, 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. Law Is the Command of the Sovereign: H. L. A. Hart Reconsidered.Andrew Stumpff Morrison - 2016 - Ratio Juris 29 (3):364-384.
    This article presents a critical reevaluation of the thesis—closely associated with H. L. A. Hart, and central to the views of most recent legal philosophers—that the idea of state coercion is not logically essential to the definition of law. The author argues that even laws governing contracts must ultimately be understood as “commands of the sovereign, backed by force.” This follows in part from recognition that the “sovereign,” defined rigorously, at the highest level of abstraction, is that person or entity (...)
    Download  
     
    Export citation  
     
    Bookmark  
  4.  93
    Three Concepts of Law: The Ambiguous Legacy of H.L.A. Hart.Brian Slattery - 1998 - Saskatchewan Law Review 61:323-39.
    The law presents itself as a body of meaning, open to discovery, interpretation, application, criticism, development and change. But what sort of meaning does the law possess? Legal theory provides three sorts of answers. The first portrays the law as a mode of communication through which law-makers convey certain standards or norms to the larger community. The law's meaning is that imparted by its authors. On this view, law is a vehicle, conveying a message from a speaker to an intended (...)
    Download  
     
    Export citation  
     
    Bookmark  
  5.  86
    The Hierarchical Model and H. L. A. Hart's Concept of Law.Massimo La Torre - 2013 - Revus 21:141-161.
    Law is traditionally related to the practice of command and hierarchy. It seems that a legal rule should immediately establish a relation between a superior and an inferior. This hierarchical and authoritharian view might however be challenged once the phenomenology of the rule is considered from the internal point of view, that is, from the stance of those that can be said to “use” rather than to “suffer” the rules themselves. A practice oriented approach could in this way open up (...)
    Download  
     
    Export citation  
     
    Bookmark  
  6. Acquired Innocence. The Law, the Charge, and K.'S Trial: Franz Kafka and Franz Brentano.Robert Welsh Jordan - manuscript
    Kafka's work provoked more than three decades of interpretations before Wagenbach provided information showing that Kafka was quite familiar with the work of Brentano and his Prague followers, including their unique conceptions of natural law, ethical concepts, and human acquaintance with them. Kafka took a lively interest in discussions in this Prague circle, and The Trial may without violence be read as a deliberate illustration for issues in philosophy of law as they would have been understood within this circle. This (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  7. L'antropologia di k. Wojtyla come sintesi del pensiero clasico e della modernità.Antonio Malo - 2006 - Acta Philosophica: Rivista Internazionale di Filosofia 15 (1):11-28.
    Convinced that anthropology constitutes the nucleus of K. Wojtyla's thought, the author attempts to discover what kind of anthropology is at the basis of Wojtyla's philosophical writings and the implications of that anthropology. The analysis of the basic structures of Wojtyla's anthropology (the experience of that which occurs and that of action, the structure of the person-act, the transcendence of the person in truth, gift, etc.) leads the author to hold that Wojtyla's philosophy can be considered a coherent metaphysics of (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  8.  83
    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 law implicates (...)
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
  9.  42
    Robert K. Garcia and Nathan L. King , Is Goodness Without God Good Enough? A Debate on Faith, Secularism, and Ethics, Rowman & Littlefield Publishers, 2009.Dieter Schönecker - 2013 - European Journal for Philosophy of Religion 5 (2):183-185.
    Download  
     
    Export citation  
     
    Bookmark  
  10. The Chronology of Geological Column: An Incomplete Tool to Search Georesources: In K.L. Shrivastava, A. Kumar, P.K. Srivastav, H.P. Srivastava (Ed.), Geo-Resources (Pp. 609-625).Bhakti Niskama Shanta - 2014 - Jodhpur, India: Scientific Publishers.
    The archaeological record is very limited and its analysis has been contentious. Hence, molecular biologists have shifted their attention to molecular dating techniques. Recently on April 2013, the prestigious Cell Press Journal Current Biology published an article (Fu et al. 2013) entitled “A Revised Timescale for Human Evolution Based on Ancient Mitochondrial Genomes”. This paper has twenty authors and they are researchers from the world’s top institutes like Max Planck Institute, Harvard, etc. Respected authors of this paper have emphatically accepted (...)
    Download  
     
    Export citation  
     
    Bookmark  
  11.  29
    Sıddık BAYSAL, Kur’an’da ve Tefsirlerde Yönetsel Kavramlar- I Ulu’l-Emr Kavramı, Bilge Matbaacılık, Ajans ve Reklamcılık, 1. Baskı, Ankara 2016. [REVIEW]Murat Bıyıklı - 2018 - Tasavvur - Tekirdag Theology Journal 4 (1):383 - 390.
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  12.  14
    Hüseyin Baysa, Kureyş Kervanları Hukuk Sosyolojisi Açısından Vahiy Döneminde Ticarî Hayat, İz Yayıncılık, İstanbul 2015, 333 s. [REVIEW]Yunus Akyüz - 2018 - Tasavvur - Tekirdag Theology Journal 4 (2):936 - 943.
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  13.  67
    Fire and Forget: A Defense of the Use of Autonomous Weapons in War.Duncan MacIntosh - manuscript
    Autonomous and automatic weapons would be fire and forget: you activate them, and they decide who, when and how to kill; or they kill at a later time a target you’ve selected earlier. Some argue that this sort of killing is always wrong. If killing is to be done, it should be done only under direct human control. (E.g., Mary Ellen O’Connell, Peter Asaro, Christof Heyns.) I argue that there are surprisingly many kinds of situation where this is false and (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  14. 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 - 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  
  15. Positive and Natural Law Revisited.David-Hillel Ruben - 1972 - Modern Schoolman 49 (4):295-317.
    The article argues that the famous debate on natural and positive law between Lon Fuller and HLA Hart rests on a dispute about whether or not that something is a law provides on its own a prima facie reason for doing something.
    Download  
     
    Export citation  
     
    Bookmark  
  16. Jakob Friedrich Fries (1773-1843): Eine Philosophie der Exakten Wissenschaften.Kay Herrmann - 1994 - Tabula Rasa. Jenenser Zeitschrift Für Kritisches Denken (6).
    Jakob Friedrich Fries (1773-1843): A Philosophy of the Exact Sciences -/- Shortened version of the article of the same name in: Tabula Rasa. Jenenser magazine for critical thinking. 6th of November 1994 edition -/- 1. Biography -/- Jakob Friedrich Fries was born on the 23rd of August, 1773 in Barby on the Elbe. Because Fries' father had little time, on account of his journeying, he gave up both his sons, of whom Jakob Friedrich was the elder, to the Herrnhut Teaching (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  17. In Defense of Hart.Matthew H. Kramer - 2013 - In Wil Waluchow & Stefan Sciaraffa (eds.), Philosophical Foundations of the Nature of Law. Oxford University Press. pp. 22.
    In Legality Scott Shapiro seeks to provide the motivation for the development of his own elaborate account of law by undertaking a critique of H.L.A. Hart's jurisprudential theory. Hart maintained that every legal system is underlain by a rule of recognition through which officials of the system identify the norms that belong to the system as laws. Shapiro argues that Hart's remarks on the rule of recognition are confused and that his model of lawis consequently untenable. Shapiro contends that a (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  18. The Law in Plato’s Laws: A Reading of the ‘Classical Thesis’.Luke William Hunt - 2018 - Polis: The Journal for Ancient Greek Political Thought 35 (1):102-126.
    Plato’s Laws include what H.L.A. Hart called the ‘classical thesis’ about the nature and role of law: the law exists to see that one leads a morally good life. This paper develops Hart’s brief remarks by providing a panorama of the classical thesis in Laws. This is done by considering two themes: (1) the extent to which Laws is paternalistic, and (2) the extent to which Laws is naturalistic. These themes are significant for a number of reasons, including because they (...)
    Download  
     
    Export citation  
     
    Bookmark  
  19.  99
    Introduction: Symposium on Paul Gowder, the Rule of Law in the Real World.Matthew J. Lister - 2018 - St. Louis University Law Journal 62 (2):287-91.
    This is a short introduction to a book symposium on Paul Gowder's recent book, _The Rule of Law in thee Real World_ (Cambridge University Press, 2016). The book symposium will appear in the St. Luis University Law Journal, 62 St. Louis U. L.J., -- (2018), with commentaries on Gowder's book by colleen Murphy, Robin West, Chad Flanders, and Matthew Lister, along with replies by Paul Gowder.
    Download  
     
    Export citation  
     
    Bookmark  
  20.  84
    Quasi-Expressivism About Statements of Law: A Hartian Theory.Stephen Finlay & David Plunkett - forthcoming - In John Gardner, Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law, vol. 3. Oxford University Press.
    Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This consists in a (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  21. Review of Alison L. LaCroix Ideological Origins of American Federalism. [REVIEW]H. G. Callaway - 2011 - Law and Politics Book Review 21 (10):619-627.
    Alison L. LaCroix is Assistant Professor of Law at the University of Chicago Law School, where she specializes in legal history, federalism, constitutional law and questions of jurisdiction. She has written a fine, scholarly volume on the intellectual origins of American federalism. LaCroix holds the JD degree (Yale, 1999) and a Ph.D. in history (Harvard, 2007). According to the author, to fully understand the origins of American federalism, we must look beyond the Constitutional Convention of 1787 and range over the (...)
    Download  
     
    Export citation  
     
    Bookmark  
  22.  17
    Meslekî Tükenmişlik İle Dindarlık Eğilimi Arasındaki İlişki Üzerine Ampirik Bir Araştırma (An Empirical Study On The Relationship Between Occupational Burnout And Tendency Of Religiosity) - Turkish.Abdullah DAĞCI & Saffet Kartopu - 2014 - Journal of Turkish Studies 9 (8):365-383.
    .........................Turkish ....................... Çalışmanın konusu dindarlık eğilimi ile meslekî tükenmişlik arasındaki ilişkidir. Dindarlık eğilimine göre meslekî tükenmişlik düzeyinde herhangi bir farklılık olup olmadığı ise çalışmanın temel problemini oluşturmuştur. Bu bağlamda meslekî tükenmişlik düzeyini ve dindarlık eğilimini belirlemek için kolayda örnekleme yöntemiyle Gümüşhane il merkezindeki ilkokul, ortaokul ve liselerde görev yapan farklı branşlardaki öğretmenlerden bir örneklem grubu oluşturulmuştur. Elde edilen meslekî tükenmişlik ve dindarlık eğilimi verilerinden yola çıkarak bu iki değişkenin ilişkisi araştırılmıştır. Çalışmada Frekans, Bağımsız t-Testi, Tek Yönlü Varyans AnaliziANOVA testleri kullanılmıştır. (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  23. Reflections on Law and Its Inner Morality.Csaba Varga - 1985 - Rivista Internazionale di Filosofia Del Diritto 62 (3):439-451.
    1. Law and morals as two systems of norms, and the inner morality of law 2. Law as a value bearer and as a mere external indicator 3. The inner and external moral credit of legislator 4. The inner morality of law. As to the last paragraph, the most striking feature of the inner morality of law is that it is such a possible characteristic, surplus quality which is not a sine qua non, which law is conceivable without. However, it (...)
    Download  
     
    Export citation  
     
    Bookmark  
  24. Aksjologiczne podstawy polskiego prawa [The Axiological Basis of Polish Law].Marek Piechowiak - 2013 - In Tadeusz Guz, Jan Głuchowski & Maria Pałubska (eds.), Synteza prawa polskiego od 1989 roku. C. H. Beck. pp. 39-70.
    An axiological analysis of the basis of the 1997 Constitution of the Republic of Poland, determined mainly in the Preamble, makes it possible to put forward a thesis that this axiology is not, at least in reference to the principle, eclectic. In respect of the meta-axiological settlements, this is a tradition of natural-law type, recognizing the objective grounding of values and law. The accepted solutions are also convergent with the axiology typical of the international protection of human rights. -/- Résumé (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  25. Is Society-Centered Moral Theory a Contemporary Version of Natural Law Theory?David Copp - 2009 - Dialogue 48 (1):19-36.
    ABSTRACT: David Braybrooke argues that the core of the natural law theory of Thomas Aquinas survived in the work of Hobbes, Locke, Hume, and Rousseau. Much to my surprise, Braybrooke argues as well that David Copp’s society-centered moral theory is a secular version of this same natural law theory. Braybrooke makes a good case that there is an important idea about morality that is shared by the great philosophers in his group and that this idea is also found in Copp’s (...)
    Download  
     
    Export citation  
     
    Bookmark  
  26. Punishment and Responsibility: Essays in the Philosophy of Law.H. L. A. Hart - 1968 - Oxford University Press.
    This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.
    Download  
     
    Export citation  
     
    Bookmark   66 citations  
  27. A Philosophy of Evidence Law: Justice in the Search for Truth.H. L. Ho - 2008 - Oxford University Press.
    This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.
    Download  
     
    Export citation  
     
    Bookmark   11 citations  
  28.  28
    Empirismo y derechos humanos. Unas reflexiones a partir de la Filosofía del Derecho de K. Olivecrona.Oscar Vergara - 2017 - Persona y Derecho 75 (2017/1):7 - 29.
    Resumen: Tomado en serio, el empirismo parece abocar a la negación de los derechos humanos; al menos entendidos como expresión de la naturaleza humana. Bajo esta óptica, K. Olivecrona rechaza explícitamente todo Derecho natural, por considerarlo una noción metafísica. En cambio, cuando describe el Derecho positivo, se encuentra con que éste parece asegurar un determinado orden de valores. Olivecrona, además de describir este dato, en diversos escritos asume dichos valores e incluso los defiende. Esta última postura no es muy coherente (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  29.  82
    Self‐Differing, Aspects, and Leibniz's Law.Donald L. M. Baxter - 2018 - Noûs 52:900-920.
    I argue that an individual has aspects numerically identical with it and each other that nonetheless qualitatively differ from it and each other. This discernibility of identicals does not violate Leibniz's Law, however, which concerns only individuals and is silent about their aspects. They are not in its domain of quantification. To argue that there are aspects I will appeal to the internal conflicts of conscious beings. I do not mean to imply that aspects are confined to such cases, but (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  30. Two Concepts of Law of Nature.Brendan Shea - 2013 - Prolegomena 12 (2):413-442.
    I argue that there are at least two concepts of law of nature worthy of philosophical interest: strong law and weak law. Strong laws are the laws investigated by fundamental physics, while weak laws feature prominently in the “special sciences” and in a variety of non-scientific contexts. In the first section, I clarify my methodology, which has to do with arguing about concepts. In the next section, I offer a detailed description of strong laws, which I claim satisfy four criteria: (...)
    Download  
     
    Export citation  
     
    Bookmark  
  31. The Path to Public Office: Medicine Versus Law.Michael L. Riordan - 1985 - Perspectives in Biology and Medicine 29 (2):316-325.
    Essay by Dr. Michael L. Riordan, the founder of Gilead Sciences, on the comparative utility of a medical versus legal education as preparation for public office.
    Download  
     
    Export citation  
     
    Bookmark  
  32.  60
    Une Approche Volontariste du Droit Naturel Et de la Contradiction. Une Façon de Bâtir la Notion de Hiérarchie Dans la Pensée Latine Médiévale.Luca Parisoli - 2013 - Revus 21:219-236.
    L’analyse des juristes médiévaux nous montre comment la manipulation des contradictions déontiques prima facie est associée, dans l’argumentation interprétative, à la théorie de la légitimité de la hiérarchie normative, entendue non seulement comme instrument politique mais aussi et essentiellement comme un instrument de rationalité au sein d’une science juridique orientée vers une théologie politique. La notion de droit naturel telle qu’elle apparaît dans certains documents emblématiques dont le Decretum de Gratien du XIIe s., ne peut être réduite au modèle intellectualiste (...)
    Download  
     
    Export citation  
     
    Bookmark  
  33. Electoral Reforms in India: Comparative Analysis with U.S. & U.K.Pragya Singh - 2013 - SOCRATES 1 (1):1-12.
    The elections and political parties are necessary ingredients of democratic governance. Elections are a necessary condition of representative democracy. In representative democracy citizens participate in politics primarily by choosing political authorities in competitive elections. Elections, hence, are a necessary and crucial instrument to make democracy work. In India, free and fair elections are held at regular intervals as per guidelines of the constitution and the Election Commission. To make them free of flaws it is essential to reform them from time (...)
    Download  
     
    Export citation  
     
    Bookmark  
  34.  36
    Making Good Sense: Pragmatism's Mastery of Meaning, Truth, and Workable Rule of Law.Harold Anthony Lloyd - forthcoming - Wake Forest Journal of Law and Policy.
    The hermeneutic pragmatism explored in this article timely examines how “post-truth” claims over-estimate semantic freedoms while at the same time underestimating semantic and pre-semantic restraints. Such pragmatism also timely examines how formalists err by committing the reverse errors. Drawing on insights from James, Peirce, Putnam, Rorty, Gadamer, Derrida, and others, such hermeneutic pragmatism explores (1) the necessary role of both internal and objective experience in meaning, (2) the resulting instrumental nature of concepts required to deal with such experience, (3) the (...)
    Download  
     
    Export citation  
     
    Bookmark  
  35. De idee van rechtvaardigheid van gedaante verwisseld: een Kelseniaanse oftewel relativistische benadering van de idee van rechtvaardigheid.Mathijs Notermans - 2011 - Algemeen Nederlands Tijdschrift voor Wijsbegeerte 103 (2):87-105.
    This article paradoxically tries to come closer to an idea of justice with the help of the destructive — anything but nihilistic — criticism thereof by Hans Kelsen. It argues that his relativistic approach, in which this idea undergoes a metamorphosis to become a realisable value of a social order, brings us closer to an obvious and objective form of justice that is almost taken for granted. Just in our liberal and plural democracy this approach might prove to be of (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  36.  13
    Les lois de la nature à l''ge classique la question terminologique.Sophie Roux - 2001 - Revue de Synthèse 122 (2-4):531-576.
    Four propositions relative to the laws of nature in the classical period must be noted. 1. Certain regularities in phenomena had been discovered. 2. A concept of law had emerged. 3. Classical science is characterized by the introduction of the notion of the legality of nature. 4. New uses of the word «law» had appeared in scientific texts. This article is devoted to the analysis of only this last proposition, that is to say to a terminological problem. First we will (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  37. Classical Electrodynamics in Agreement with Newton’s Third Law of Motion.Koenraad Johan van Vlaenderen - manuscript
    The force law of Maxwell’s classical electrodynamics does not agree with Newton’s third law of motion (N3LM), in case of open circuit magnetostatics. Initially, a generalized magnetostatics theory is presented that includes two additional physical fields B_Φ and B_l, defined by scalar functions. The scalar magnetic field B_l mediates a longitudinal Ampère force that balances the transverse Ampère force (aka the magnetic field force), such that the sum of the two forces agrees with N3LM for all stationary current distributions. Secondary (...)
    Download  
     
    Export citation  
     
    Bookmark  
  38.  95
    The Social Impact Theory of Law.Keton Joshua - 2015 - Phenomenology and Mind 9:130-137.
    Margaret Gilbert’s work on sociality covers a wide range of topics, and as she puts it “addresses matters of great significance to several philosophical specialties – including ethics, epistemology, political philosophy, philosophy of science, and philosophy of law – and outside philosophy as well” (Gilbert 2013, p. 1). Herein I argue that Mark Greenberg’s recent call to eliminate the problem of legal normativity is well motivated. Further, I argue that Gilbert’s work on joint commitment, and more specifically obligations of joint (...)
    Download  
     
    Export citation  
     
    Bookmark  
  39. Chimpanzee Rights: The Philosophers' Brief.Kristin Andrews, Gary Comstock, G. K. D. Crozier, Sue Donaldson, Andrew Fenton, Tyler John, L. Syd M. Johnson, Robert Jones, Will Kymlicka, Letitia Meynell, Nathan Nobis, David M. Pena-Guzman & Jeff Sebo - 2018 - London: Routledge.
    In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement constituted (...)
    Download  
     
    Export citation  
     
    Bookmark  
  40. Risk, Everyday Intuitions, and the Institutional Value of Tort Law.Govind C. Persad - 2009 - Stan. L. Rev 62:1445.
    This Note offers a normative critique of cost-benefit analysis, one informed by deontological moral theory, in the context of the debate over whether tort litigation or a non-tort approach is the appropriate response to mass harm. The first Part argues that the difference between lay and expert intuitions about risk and harm often reflects a difference in normative judgments about the existing facts, rather than a difference in belief about what facts exist, which makes the lay intuitions more defensible. The (...)
    Download  
     
    Export citation  
     
    Bookmark  
  41.  75
    Law and violence or legitimizing politics in Machiavelli.J. L. Ames - 2011 - Trans/Form/Ação 34 (1):21-42.
    One of the Machiavelli's most famous and innovative thesis states that good laws arise from social conflicts, according to the Roman Empire example of the opposition between plebs and nobles. Conflicts are able to bring about order in virtue of the characteristic constrictive force of necessity, which prevents the ambition to prevail. Nonetheless, law does not neutralize the conflict; just give it a regulation. So, law is subjected to history, to the continuous change, which means that it is potentially corruptible. (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  42. Responsible Brains: Neuroscience, Law, and Human Culpability.William Hirstein, Katrina L. Sifferd & Tyler Fagan - 2018 - New York, NY, USA: MIT Press.
    [This download includes the table of contents and chapter 1.] -/- When we praise, blame, punish, or reward people for their actions, we are holding them responsible for what they have done. Common sense tells us that what makes human beings responsible has to do with their minds and, in particular, the relationship between their minds and their actions. Yet the empirical connection is not necessarily obvious. The “guilty mind” is a core concept of criminal law, but if a defendant (...)
    Download  
     
    Export citation  
     
    Bookmark  
  43. Why Legal Rules Are Not Speech Acts and What Follows From That.Marcin Matczak - manuscript
    The speech-act approach to rules is commonplace in both Anglo-American and continental traditions of legal philosophy. Despite its pervasiveness, I argue in this paper that the approach is misguided and therefore intrinsically flawed. My critique identifies how speech-act theory provides an inadequate theoretical framework for the analysis of written discourse, a case in point being legal text. Two main misconceptions resulting from this misguided approach are the fallacy of synchronicity and the fallacy of a-discursivity. The former consists of treating legal (...)
    Download  
     
    Export citation  
     
    Bookmark  
  44.  24
    English Law and the Moral Law.Arthur L. Goodhart - 1953 - Stevens & Sons.
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  45. Why Liberal Neutrality Prohibits Same-Sex Marriage: Rawls, Political Liberalism, and the Family.Matthew B. O'Brien - 2012 - British Journal of American Legal Studies 1 (2):411-466.
    John Rawls’s political liberalism and its ideal of public reason are tremendously influential in contemporary political philosophy and in constitutional law as well. Many, perhaps even most, liberals are Rawlsians of one stripe or another. This is problematic, because most liberals also support the redefinition of civil marriage to include same-sex unions, and as I show, Rawls’s political liberalism actually prohibits same- sex marriage. Recently in Perry v. Schwarzenegger, however, California’s northern federal district court reinterpreted the traditional rational basis review (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark   1 citation  
  46. The Anarchist Official: A Problem for Legal Positivism.Kenneth M. Ehrenberg - 2011 - Australian Journal of Legal Philosophy 36:89-112.
    I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system can continue to exist (...)
    Download  
     
    Export citation  
     
    Bookmark  
  47. 'Law'.Jules L. Coleman & Ori Simchen - 2003 - Legal Theory 9 (1):1-41.
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  48. Institutional Corruption and the Rule of Law.Paul Gowder - 2014 - Les ateliers de l'éthique/The Ethics Forum 9 (1):84-102.
    The literature contains two concepts of corruption which are often confused with one another: corruption as twisted character (pollution), and corruption as disloyalty. It also contains two sites for corruption: the corruption of individuals, and the corruption of entire institutions such as a state or a legislature.This paper first draws a clear distinction between the pollution and disloyalty concepts of corruption in the individual context, and then defends a conception of disloyalty corruption according to which the distinguishing feature is an (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  49.  60
    Le principe de rationalité et l'unité des sciences sociales.Philippe Mongin - 2002 - Revue Economique 53 (2):301-323.
    The paper revisits the rationality principle from the particular perspective of the unity of social sciences. It has been argued that the principle was the unique law of the social sciences and that accordingly there are no deep differences between them (Popper). It has also been argued that the rationality principle was specific to economics as opposed to the other social sciences, especially sociology (Pareto). The paper rejects these opposite views on the grounds that the rationality principle is strictly metaphysical (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark   4 citations  
  50. The Law and Ethics of Virtual Sexual Assault.John Danaher - forthcoming - In Enter Author Name Without Selecting A. Profile: Woodrow Barfield & Enter Author Name Without Selecting A. Profile: Marc Blitz (eds.), The Law of Virtual and Augmented Reality. Cheltenham, UK: Edward Elgar Press.
    This chapter provides a general overview and introduction to the law and ethics of virtual sexual assault. It offers a definition of the phenomenon and argues that there are six interesting types. It then asks and answers three questions: (i) should we criminalise virtual sexual assault? (ii) can you be held responsible for virtual sexual assault? and (iii) are there issues with 'consent' to virtual sexual activity that might make it difficult to prosecute or punish virtual sexual assault?
    Download  
     
    Export citation  
     
    Bookmark  
1 — 50 / 999