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  1. 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 (...)
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  2. Mistake of Law and Sexual Assault: Consent and Mens Rea.Lucinda Vandervort - 1987-1988 - Canadian Journal of Women and the Law 2 (2):233-309.
    In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication (...) of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individuals right of sexual self-determination and physical autonomy, rather than simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence ofmistaken belief in consent.” Vandervort argues that in many cases the defence ofmistaken belief in consentis based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of whichsocialdefinitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)
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  3. 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 (...)
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  4.  74
    Moral Uncertainty and the Criminal Law.Christian Barry & Patrick Tomlin - 2019 - In Kimberly Ferzan & Larry Alexander (eds.), Handbook of Applied Ethics and the Criminal Law. New York: Palgrave.
    In this paper we introduce the nascent literature on Moral Uncertainty Theory and explore its application to the criminal law. Moral Uncertainty Theory seeks to address the (...)
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  5.  59
    Normative Ignorance: A Critical Connection Between the Insanity and Mistake of Law Defenses.Ken Levy - forthcoming - Florida State University Law Review 47.
    This Article falls into three general parts. The first part starts with an important question: is the insanity defense constitutionally required? The United States Supreme Court will (...)
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  6. Balancing Acts: Intending Good and Foreseeing Harm -- The Principle of Double Effect in the Law of Negligence.Edward C. Lyons - 2005 - Georgetown Journal of Law and Public Policy 3 (2):453-500.
    In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence (...)
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  7. The Current State of Medical School Education in Bioethics, Health Law, and Health Economics.Govind C. Persad, Linden Elder, Laura Sedig, Leonardo Flores & Ezekiel J. Emanuel - 2008 - Journal of Law, Medicine and Ethics 36 (1):89-94.
    Current challenges in medical practice, research, and administration demand physicians who are familiar with bioethics, health law, and health economics. Curriculum directors at American Association of Medical (...)
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  8. The Morality and Law of War.Seth Lazar - 2012 - In Andrei Marmor (ed.), Routledge Companion to the Philosophy of Law. Routledge. pp. 364.
    The revisionist critique of conventional just war theory has undoubtedly scored some important victories. Walzers elegantly unified defense of combatant legal equality and noncombatant immunity has (...)been seriously undermined. This critical success has not, however, been matched by positive arguments, which when applied to the messy reality of war would deprive states and soldiers of the permission to fight wars that are plausibly thought to be justified. The appeal to law that is sought to resolve this objection by casting it as a practical concern, a pragmatic worry about implementation, which while germane to debates over the laws of war, need not undermine our convictions in the fundamental principles the revisionists advocate. This response is inadequate. Revisionists have not shown that soldiers should obey the laws of war, in practice, when they conflict with their other moral reasonsour worries about application remain intact. Moreover, a theory of war that offers only an account of the laws of war, and a set of fundamental principles developed in abstraction from feasibility constraints, is radically incomplete. We need to know how to apply those fundamental principles, and whether, when applied, they lead to defensible conclusions. Only two options seem to remain. Perhaps the revisionistsarguments for their chosen fundamental principles are sufficiently compelling that we should stick with them, and accept their troubling conclusionsin other words, accept pacifism. Alternatively, we need to revise our fundamental principles, so that when applied they yield conclusions that we can more confidently endorse. -/- Though it does not save the revisionist view from the responsibility dilemma and cognate objections, the appeal to law does raise an important, and previously inadequately theorized, questionor, rather, resurrects a neglected topic, discussed in depth by historical just war theorists such as Grotius and Vattel. There are good grounds for distinguishing the laws of war from the morality of war, and for adjusting the former to accommodate predictable noncompliance, that should not impact on our account of the latter. Nonetheless, I have argued that there are some profound moral insights underlying both combatant legal equality and noncombatant immunity: specifically, we cannot infer from a combatants side having not satisfied jus ad bellum that he may not justifiably use lethal force; and other things equal, it is more wrongful to harm a nonliable noncombatant than to harm a nonliable combatant. (shrink)
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  9. 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 (...)
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  10. The Rule of Law and Equality.Paul Gowder - 2013 - Law and Philosophy 32 (5):565-618.
    This paper describes and defends a novel and distinctively egalitarian conception of the rule of law. Official behavior is to be governed by preexisting, public rules that (...)
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  11. The Binding Force of Nascent Norms of International Law.Anthony Reeves - 2014 - Canadian Journal of Law and Jurisprudence 28 (1):145-166.
    Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as (...)
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  12.  88
    Efficiency, Practices, and the Moral Point of View: Limits of Economic Interpretations of Law.Mark Tunick - 2009 - In Mark White (ed.), Theoretical Foundations of Law and Economics. Cambridge University Press.
    This paper points to some limitations of law and economics as both an explanative and a normative theory. In explaining law as the result of efficiency promoting (...)
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  13. 20th-Century Bulgarian Philosophy of Law: From Critical Acceptance of Kants Ideas to the Logic of Legal Reasoning.Vihren Bouzov - 2016 - In Enrico Pattaro & C. Roversi (eds.), A Treatise of Legal Philosophy and General Jurisprudence. V.12 (1), Legal Philosophy in the Twentieth Century: The Civil Law World. pp. 681-690.
    My analysis here is an attempt to bring out the main through-line in the development of Bulgarian philosophy of law today. A proper account of Bulgarian (...)philosophy of law in the 20th century requires an attempt to find, on the one hand, a solution to epistemological and methodological problems in law and, on the other, a clear-cut influence of the Kantian critical tradition. Bulgarian philosophy of law follows a complicated path, ranging from acceptance and revision of Kantian philosophy to the development of interesting theories on the logic of legal reasoning. (shrink)
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  14.  99
    Sexual Consent as Voluntary Agreement: Tales ofSeductionor Questions of Law?Lucinda Vandervort - 2013 - New Criminal Law Review 16 (1):143-201.
    This article proposes a rigorous method tomapthe law on to the facts in the legal analysis ofsexual consentusing a series of mandatory questions (...)
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  15. 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. (shrink)
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  16.  58
    Ethics, Morality and Law.Mark Tunick - 2002 - In Kermit Hall (ed.), Oxford Companion to American Law. Oxford: Oxford University Press. pp. 275-77.
    This brief entry discusses the distinction between ethics, law, and morality.
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  17. In Incognito: The Principle of Double Effect in American Constitutional Law.Edward C. Lyons - 2005 - Florida Law Review 57 (3):469-563.
    Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double (...)effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by the principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as a consequence of medical treatment. The Court held that the distinction comports with fundamental legal principles of causation and intent. Id. at 802. -/- Critics allege that the principle itself is intrinsically flawed and that, in any event, its employment in Vacco is without legal precedent. I argue in response to contemporary objections that double effect is a valid principle of ethical reflection (Part II); claims to the contrary notwithstanding, double effect analysis is a pervasive, albeit generally unacknowledged principle employed regularly in American case law (Part III); and drawing on the preceding two sections, Vacco's application of the principle of double effect is appropriate (Part IV). -/- My conclusion is that [o]peration of some form of the principle, by whatever name, is inevitable. In an imperfect world where duties and interests collide, the possibility of choices of action foreseen to have both good and evil consequences cannot be avoided. In rare circumstances, ethics and the law require that a person refrain from acting altogether. More often, however, they provide that a determination of whether an actor may pursue a good effect although knowing it will or may unintentionally cause an harmful effect requires a more complex analysis - a double effect analysis. -/- Keywords: Equal protection, double effect, intention, physician-assisted suicide, Constitutional Law, Bioethics. (shrink)
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  18. Obligation in Rousseau: Making Natural Law History?Michaela Rehm - 2012 - Jahrbuch für Recht Und Ethik/Annual Review of Law and Ethics 20:139-154.
    Is Rousseau an advocate of natural law or not? The purpose of Rehms paper is to suggest a positive answer to this controversially discussed question. On (...)the one hand, Rousseau presents a critical history of traditional natural law theory which in his view is based on flawed suppositions: not upon natural, but on artificial qualities of man, and even rationality and sociability are counted among the latter. On the other hand he presents the self-confident manifesto for a fresh start in natural law theory, founded on what to Rousseaus mind is the true idea of human nature. The paper intends to show that the only natural qualities which can be seen as anthropological constants are those that keep man flexible, namely perfectibility and freedom of will. It is argued that these are exactly the qualities which according to Rousseau serve as the standard of natural law for the system of politics and its laws: Only a state based upon the free consent of individuals can do justice to mans perfectibility and freedom of will. Rehm stresses that because of perfectibility and freedom of will, this self-commitment has to be revisable, which is why the republic of theSocial Contractshould not have a constitution, or any law that the citizens cannot alter. It is demonstrated that in Rousseaus view, this republic is the enabling condition of natural liberty. -/- . (shrink)
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  19.  70
    Reconsidering Rape: Rethinking the Conceptual Foundations of Rape Law.John Bogart - 1995 - Canadian Journal of Law and Jurisprudence 8 (1):159-82.
    Argument about changes in the law of rape are logically dependent upon a prior definitional account. For any legal definition of an act, one can sensibly ask (...)
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  20.  34
    Beyond Standard Legal Positivism andAggressiveNatural Law: Some Thoughts on JudgeOScannlainsThird Way’”.Michael Baur - 2011 - Fordham Law Review 79 (4):1529-1539.
    With his contribution on "The Natural Law in the American Tradition," Judge Diarmuid O'Scannlain has begun the indispensable task of laying the groundwork for sound (...)
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  21. Law's Authority is Not a Claim to Preemption.Kenneth M. Ehrenberg - 2013 - In Wilfrid J. Waluchow & Stefan Sciaraffa (eds.), Philosophical Foundations of the Nature of Law. Oxford University Press. pp. 51.
    Joseph Raz argues that legal authority includes a claim by the law to replace subjectscontrary reasons. I reply that this cannot be squared with the existence (...)
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  22. Reconciling the Principled Approach to Hearsay with the Rule of Law.Andrew Botterell - 2014 - Supreme Court Law Review 65 (2d):145-168.
    My goal in this paper is to argue that the principled approach to hearsay is consistent with the rule of law. I begin by contrasting an instrumental (...)
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  23.  62
    Law and the Entitlement to Coerce.Robert C. Hughes - 2013 - In Wilfrid J. Waluchow & Stefan Sciaraffa (eds.), Philosophical Foundations of the Nature of Law. Oxford University Press. pp. 183.
    Many assume that whenever government is entitled to make a law, it is entitled to enforce that law coercively. I argue that the justification of legal authority (...)
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  24.  45
    Islamic Law and Free Trade: Compatibility and Convergence.Bashar H. Malkawi - 2006 - Journal of Islamic State Practices in International Law 2:37-54.
    The purpose of the paper is to examine free trade in Islamic law.
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  25.  25
    Breaking the Law Under Competitive Pressure.Robert C. Hughes - 2019 - Law and Philosophy 38 (2):169-193.
    When a business has competitors that break a burdensome law, is it morally required to obey this law, or may it break the law to avoid an (...)
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  26. The Role of Causation in Decision of Tort Law.Robert C. Robinson - 2010 - Journal of Law, Development and Politics 1 (2).
    Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that the three key concepts are neither necessary, nor sufficient, for tort.
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  27.  63
    Cruelty in Criminal Law: Four Conceptions.Paulo Barrozo - 2015 - Criminal Law Bulletin 51 (5):67.
    This Article defines four distinct conceptions of cruelty found in underdeveloped form in domestic and international criminal law sources. The definition is analytical, focusing on the types (...)
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  28.  81
    A Complainant-Oriented Approach to Unconscionability and Contract Law.Nicolas Cornell - 2016 - University of Pennsylvania Law Review 164:1131-1175.
    This Article draws attention to a conceptual point that has been overlooked in recent discussions about the theoretical foundations of contract law. I argue that, rather than (...)
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  29. Review of Douglas Husak, Philosophy of Criminal Law: Selected Essays[REVIEW]Andrew Botterell - 2013 - University of Toronto Law Journal 63 (1):152-158.
    A review of Douglas Husak, Philosophy of Criminal Law: Selected Essays (Oxford University Press, 2010).
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  30. Responsibility, Authority, and the Community of Moral Agents in Domestic and International Criminal Law.Ryan Long - 2014 - International Criminal Law Review 14 (4-5):836 – 854.
    Antony Duff argues that the criminal laws characteristic function is to hold people responsible. It only has the authority to do this when the person who (...)is called to account, and those who call her to account, share some prior relationship. In systems of domestic criminal law, this relationship is co-citizenship. The polity is the relevant community. In international criminal law, the relevant community is simply the moral community of humanity. I am sympathetic to his community-based analysis, but argue that the moral community must play a greater role in the domestic case and that the collection of individual political communities must play a greater role in the international case. (shrink)
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  31.  95
    The Moral Authority of International Law.Anthony Reeves - 2010 - APA Newsletter on Philosophy and Law 10 (1):13-18.
    How should international law figure into the practical reasoning of agents who fall under its jurisdiction? How should the existence of an international legal norm regulating some (...)
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  32.  68
    Legislative Duty and the Independence of Law.J. H. Bogart - 1987 - Law and Philosophy 6 (2):187 - 203.
    This essay considers the nature of duties incumbent on legislators in virtue of the office itself. I argue that there is no duty for a legislator to (...)
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  33. 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 (...)
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  34. Theories of Vagueness and Theories of Law.Alex Silk - 2019 - Legal Theory 25 (2):132-152.
    It is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the (...)
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  35. No King and No Torture: Kant on Suicide and Law.Jennifer Uleman - 2016 - Kantian Review 21 (1):77-100.
    Kants most canonical argument against suicide, the universal law argument, is widely dismissed. This paper attempts to save it, showing that a suicide maxim, universalized, undermines (...)all bases for practical law, resisting both the non-negotiable value of free rational willing and the ordinary array of sensuous commitments that inform prudential incentives. Suicide therefore undermines moral law governed community as a whole, threateningsavage disorder’. In pursuing this argument, I propose a non-teleological and non-theoretical natureapractical natureor moral law governed wholethe realization of which morality demands. (shrink)
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  36. Review of Assisted Suicide and Euthanasia: A Natural Law Ethics Approach[REVIEW]Craig Paterson - 2010 - Ethics and Medicine 26 (1):23-4.
    As medical technology advances and severely injured or ill people can be kept alive and functioning long beyond what was previously medically possible, the debate surrounding the (...)
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  37. The Law in Platos Laws: A Reading of theClassical Thesis’.Luke William Hunt - 2018 - Polis: The Journal for Ancient Greek Political Thought 35 (1):102-126.
    Platos Laws include what H.L.A. Hart called theclassical thesisabout the nature and role of law: the law exists to see that one leads (...)
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  38. The Law of Non-Contradiction as a Metaphysical Principle.Tuomas Tahko - 2009 - Australasian Journal of Logic 7:32-47.
    The goals of this paper are two-fold: I wish to clarify the Aristotelian conception of the law of non-contradiction as a metaphysical rather than a semantic (...) or logical principle, and to defend the truth of the principle in this sense. First I will explain what it in fact means that the law of non-contradiction is a metaphysical principle. The core idea is that the law of non-contradiction is a general principle derived from how things are in the world. For example, there are certain constraints as to what kind of properties an object can have, and especially: some of these properties are mutually exclusive. Given this characterisation, I will advance to examine what kind of challenges the law of non-contradiction faces; the main opponent here is Graham Priest. I will consider these challenges and conclude that they do not threaten the truth of the law of non-contradiction understood as a metaphysical principle. (shrink)
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  39. Why is (Claiming) Ignorance of the Law No Excuse?Miroslav Imbrisevic - 2010 - Review Journal of Political Philosophy 8 (1):57-69.
    In this paper I will discuss two aspects of ignorance of the law: ignorance of illegality (including mistaking the law) and ignorance of the penalty; and I (...)
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  40. Truth, Knowledge, and the Standard of Proof in Criminal Law.Clayton Littlejohn - forthcoming - Synthese:1-34.
    Could it be right to convict and punish defendants using only statistical evidence? In this paper, I argue that it is not and explain why it would (...)
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  41. Contradiction and Kants Formula of Universal Law.Pauline Kleingeld - 2017 - Kant-Studien 108 (1):89-115.
    Kants most prominent formulation of the Categorical Imperative, known as the Formula of Universal Law (FUL), is generally thought to demand that one act only on (...)maxims that one can will as universal laws without this generating a contradiction. Kant's view is standardly summarized as requiring the 'universalizability' of one's maxims and described in terms of the distinction between 'contradictions in conception' and 'contradictions in the will'. Focusing on the underappreciated significance of the simultaneity condition included in the FUL, I argue, by contrast, that the principle is better read as requiring that one be able to will two things simultaneously without self-contradiction, namely, that a maxim be one's own and that it be a universal law. This amounts to a new interpretation of the FUL with significant interpretive and philosophical advantages. (shrink)
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  42. 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 (...)
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  43. Defending the Traditional Interpretations of Kants Formula of a Law of Nature.Samuel J. M. Kahn - 2019 - Theoria 66 (158):76-102.
    In this paper I defend the traditional interpretations of Kants Formula of a Law of Nature from recent attacks leveled by Faviola Rivera-Castro, James Furner, Ido (...) Geiger, Pauline Kleingeld and Sven Nyholm. After a short introduction, the paper is divided into four main sections. In the first, I set out the basics of the three traditional interpretations, the Logical Contradiction Interpretation, the Practical Contradiction Interpretation and the Teleological Contradiction Interpretation. In the second, I examine the work of Geiger, Kleingeld and Nyholm: these three commentators reject the traditional interpretations entirely, but I argue that this rejection is ill-founded. In the third and fourth, I take a detailed look at Furners work, work in which he seeks to revise (rather than reject) the traditional interpretations. I argue that, despite his more modest aims, Furners revision is also ill-founded. (shrink)
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  44. 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 (...)
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  45. Assessing Law's Claim to Authority.Bas van der Vossen - 2011 - Oxford Journal of Legal Studies 31 (3):481-501.
    The idea that law claims authority (LCA) has recently been forcefully criticized by a number of authors. These authors present a new and intriguing objection, arguing that (...)
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  46. Legal Institutionalism: Capitalism and the Constitutive Role of Law.Simon Deakin, David Gindis, Geoffrey M. Hodgson, Kainan Huang & Katharina Pistor - 2017 - Journal of Comparative Economics 45 (1):188-20.
    Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of (...)
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  47. Tomasza z Akwinu koncepcja prawa naturalnego. Czy Akwinata jest myślicielem liberalnym? [Thomas Aquinass Conception of Natural Law: Is Aquinas a Liberal Thinker?].Marek Piechowiak - 2013 - Przegląd Tomistyczny 19:301-337.
    This article seeks to justify the claim that Thomas Aquinas proposed a concept of natural law which is immune to the argument against the recognition of an (...)
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  48. 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. (shrink)
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  49. A Contradiction of the Right Kind: Convenience Killing and Kants Formula of Universal Law.Pauline Kleingeld - 2019 - Philosophical Quarterly 69 (274):64-81.
    One of the most important difficulties facing Kants Formula of Universal Law (FUL) is its apparent inability to show that it is always impermissible to kill (...)others for the sake of convenience. This difficulty has led current Kantian ethicists to de-emphasize the FUL or at least complement it with other Kantian principles when dealing with murder. The difficulty stems from the fact that the maxim of convenience killing fails to generate acontradiction in conception’, producing only acontradiction in the willwhen subjected to the two-fold test associated with the FUL. This result is thought to imply that the FUL allows us sometimes to kill for the sake of convenience. In this essay, I argue that the very diagnosis of the problem rests on a mistake, and that if the maxim of convenience killing generates a contradiction in the will, then acting on it is never permissible. (shrink)
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  50. Elementy prawnonaturalne w stosowaniu Konstytucji RP [Natural-Law Elements in Application of the Constitution of the Republic of Poland].Marek Piechowiak - 2009 - Przegląd Sejmowy 17 (5 (94)):71-90.
    Recognizing inherent and inalienable nature of dignity and universality of certain values, the Constitution of the Republic of Poland, introduces to the foundations of Polish legal system (...)
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