Results for 'Law Philosophy'

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  1. Law, Philosophy and Responsibility: The Roman Ingarden Contribution.Michal Peno - manuscript
    This text is a kind of sketch and presents some simple ideas. The aim of this article is to carry out a critical and reflexive analysis of Roman Ingarden's philosophy of responsibility. Being a member of the phenomenological current, Ingarden mainly studied the ontological bases or conditions of responsibility by identifying different situations of responsibility. In this paper situations of responsibility have been analysed in the semantic contexts in which the word "responsibility" appears. Legally, the prescriptive contexts of using (...)
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  2. 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.
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  3. Philosophy and International Law: Reflections on Interdisciplinary Research Into Terrorism.Anna Goppel & Anne Schwenkenbecher - 2012 - Ancilla Iuris 111.
    This essay investigates the possibilities and limits of interdisciplinary research into terrorism. It is shown that approaches that combine philosophy and international law are necessary, and when such an approach needs to be adopted. However, it is also important not to underestimate how much of a challenge is posed by the absence of agreement concerning the definition of terrorism, and also by the structural differences in the way the two disciplines address the problem and formulate the issues. Not least, (...)
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  4. The Authority of the German Religious Constitution: Public Law, Philosophy, and Democracy.Ian Hunter - unknown
    The present religious constitution of the Federal Republic of Germany is the product of protracted historical conflicts and political settlements that began in the sixteenth century. The mediation of these conflicts and settlements and the piecemeal establishment of the constitution was the achievement of imperial public law and diplomacy. Germany’s religious constitution—a secular and relativistic juridical framework protecting a plurality of confessional religions—pre-dated liberalism and democracy, and owes nothing to normative philosophical constructions of individual freedoms and rights, or social justice (...)
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  5. 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.
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  6.  47
    On Law as Poetry: Shelley and Tocqueville.Joshua M. Hall - forthcoming - South African Journal of Philosophy 3 (40).
    Consonant with the ongoing “aesthetic turn” in legal scholarship, this article pursues a new conception of law as poetry. Gestures in this law-as-poetry direction appear in all three main schools in the philosophy of law’s history, as follows. First, natural law sees law as divinely-inspired prophetic poetry. Second, positive law sees the law as a creative human positing (from poetry’s poesis). And third, critical legal theory sees these posited laws as calcified prose prisons, vulnerable to poetic liberation. My first (...)
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  7. Law, Process Philosophy and Ecological Civilization.Arran Gare - 2011 - Chromatikon 7:133-160.
    The call by Chinese environmentalists for an ecological civilization to supersede industrial civilization, subsequently embraced by the Chinese government and now being promoted throughout the world, makes new demands on legal systems, national and international. If governments are going to prevent ecological destruction then law will be essential to this. The Chinese themselves have recognized grave deficiencies in their legal institutions. They are reassessing these and looking to Western traditions for guidance. Yet law as it has developed in the West, (...)
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  8.  76
    No Laws and (Thin) Powers in, No (Governing) Laws Out.Stavros Ioannidis, Vassilis Livanios & Stathis Psillos - 2021 - European Journal for Philosophy of Science 11 (1):1-26.
    Non-Humean accounts of the metaphysics of nature posit either laws or powers in order to account for natural necessity and world-order. We argue that such monistic views face fundamental problems. On the one hand, neo-Aristotelians cannot give unproblematic power-based accounts of the functional laws among quantities offered by physical theories, as well as of the place of conservation laws and symmetries in a lawless ontology; in order to capture these characteristics, commitment to governing laws is indispensable. On the other hand, (...)
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  9. Platonic Laws of Nature.Tyler Hildebrand - 2020 - Canadian Journal of Philosophy 50 (3):365-381.
    David Armstrong accepted the following three theses: universals are immanent, laws are relations between universals, and laws govern. Taken together, they form an attractive position, for they promise to explain regularities in nature—one of the most important desiderata for a theory of laws and properties—while remaining compatible with naturalism. However, I argue that the three theses are incompatible. The basic idea is that each thesis makes an explanatory claim, but the three claims can be shown to run in a problematic (...)
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  10. Law and Philosophy: Selected Papers in Legal Theory.Csaba Varga (ed.) - 1994 - Budapest: ELTE “Comparative Legal Cultures” Project.
    Photomechanical reprint of papers from 1970 to 1992 mostly in English, some in German or French: Foreword 1–4; LAW AS PRACTICE ‘La formation des concepts en sciences juridiques’ 7–33, ‘Geltung des Rechts – Wirksamkeit des Rechts’ 35–42, ‘Macrosociological Theories of Law’ 43–76, ‘Law & its Inner Morality’ 77–89, ‘The Law & its Limits’ 91–96; LAW AS TECHNIQUE ‘Domaine »externe« & domaine »interne« en droit’ 99–117, ‘Die ministerielle Begründung’ 119–139, ‘The Preamble’ 141–167, ‘Presumption & Fiction’ 169–185, ‘Legal Technique’187–198; LAW AS LOGIC (...)
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  11.  71
    Secret Law Revisited.Benjamin L. S. Nelson - 2019 - Ratio Juris 32 (4):473-486.
    What follows is an attempt to do some conceptual housekeeping around the notion of secret law as provided by Christopher Kutz (2013). First I consider low-salience (or merely obscure) law, suggesting that it fails to capture the legal and moral facts that are at stake in the case which Kutz used to motivate it. Then I outline a theoretical contrast between mere obscurity and secrecy, in contrast to the 'neutral' account of secrecy provided by Sissela Bok (1989). The upshot of (...)
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  12. The Philosophy of Law. History and Modernity.Volodymyr Kuznetsov (ed.) - 2003 - Stylos.
    The manual represents the evolution of the concept of law from antiquity to the end of XX century. It also describes some important Anglo-American directions in the philosophy of law, which are important for developments of Ukrainian legal system (legal positivism, naturalism, realism, criticism, feminism, economical theory of law, postmodernism, etc. The main text is supplemented with excerpts from the writings on the philosophy of law, which are little known for Ukrainian readers. The audience of textbook is students, (...)
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  13.  69
    [CALL FOR PAPERS] Law & (Dis)Order. Rule, Exception, Foundation.Philosophy Kitchen - forthcoming - Philosophy Kitchen 7.
    Law is ‘sovereign’, it has been said. Since the poet Pindar expressed this fulminating thought in the 6th century B.C., the whole western tradition, from Aristotle to Cicero, from Heidegger to Schmitt, hasn’t stopped raising questions about the ambivalent relationship connecting law, strength and violence...
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  14. Mechanisms, Laws, and Regularities.Holly Andersen - 2011 - Philosophy of Science 78 (2):325-331.
    Leuridan (2010) argued that mechanisms cannot provide a genuine alternative to laws of nature as a model of explanation in the sciences, and advocates Mitchell’s (1997) pragmatic account of laws. I first demonstrate that Leuridan gets the order of priority wrong between mechanisms, regularity, and laws, and then make some clarifying remarks about how laws and mechanisms relate to regularities. Mechanisms are not an explanatory alternative to regularities; they are an alternative to laws. The existence of stable regularities in nature (...)
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  15. Humeanism About Laws of Nature.Harjit Bhogal - 2020 - Philosophy Compass 15 (8):1-10.
    Humeanism about laws of nature is, roughly, the view that the laws of nature are just patterns, or ways of describing patterns, in the mosaic of events. In this paper I survey some of the (many!) objections that have been raised to Humeanism, considering how the Humean might respond. And I consider how we might make a positive case for Humeanism. The common thread running through all this is that the viability of the Humean view relies on the Humean having (...)
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  16. Humean Reductionism About Laws of Nature.Ned Hall - 2009
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  17. Mechanisms and Laws: Clarifying the Debate.Marie I. Kaiser & C. F. Craver - 2013 - In H.-K. Chao, S.-T. Chen & R. Millstein (eds.), Mechanism and Causality in Biology and Economics. Dordrecht: Springer. pp. 125-145.
    Leuridan (2011) questions whether mechanisms can really replace laws at the heart of our thinking about science. In doing so, he enters a long-standing discussion about the relationship between the mech-anistic structures evident in the theories of contemporary biology and the laws of nature privileged especially in traditional empiricist traditions of the philosophy of science (see e.g. Wimsatt 1974; Bechtel and Abrahamsen 2005; Bogen 2005; Darden 2006; Glennan 1996; MDC 2000; Schaffner 1993; Tabery 2003; Weber 2005). In our view, (...)
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  18. Robot Ethics 2. 0: New Challenges in Philosophy, Law, and Society.Patrick Lin, Keith Abney & Ryan Jenkins (eds.) - 2017 - Oxford University Press.
    As robots slip into more domains of human life-from the operating room to the bedroom-they take on our morally important tasks and decisions, as well as create new risks from psychological to physical. This book answers the urgent call to study their ethical, legal, and policy impacts.
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  19. The Law and Ethics of K Street: Lobbying, the First Amendment, and the Duty to Create Just Laws.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 (...)
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  20. Stable Regularities Without Governing Laws?Aldo Filomeno - 2019 - Studies in History and Philosophy of Science Part B: Studies in History and Philosophy of Modern Physics 66:186-197.
    Can stable regularities be explained without appealing to governing laws or any other modal notion? In this paper, I consider what I will call a ‘Humean system’—a generic dynamical system without guiding laws—and assess whether it could display stable regularities. First, I present what can be interpreted as an account of the rise of stable regularities, following from Strevens [2003], which has been applied to explain the patterns of complex systems (such as those from meteorology and statistical mechanics). Second, since (...)
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  21. 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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  22. 20th-Century Bulgarian Philosophy of Law: From Critical Acceptance of Kant’s 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 (...)
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  23. 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 (...)
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  24. The Dependence Response and Explanatory Loops.Andrew Law - 2020 - Faith and Philosophy 37 (3):294-307.
    There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...)
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  25. Powers, Dispositions and Laws of Nature.Max Kistler - 2020 - In Meincke (ed.), Dispositionalism: Perspectives from Metaphysics and the Philosophy of Science (Synthese Library). Dordrecht: Springer. pp. 171-188.
    Metaphysics should follow science in postulating laws alongside properties. I defend this claim against the claim that natural properties conceived as powers make laws of nature redundant. Natural properties can be construed in a “thin” or a “thick” way. If one attributes a property in the thin sense to an object, this attribution does not conceptually determine which other properties the object possesses. The thin construal is underlying the scientific strategy for understanding nature piecemeal. Science explains phenomena by cutting reality (...)
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  26. Necessary Laws and Chemical Kinds.Nora Berenstain - 2014 - Australasian Journal of Philosophy 92 (4):631-647.
    Contingentism, generally contrasted with law necessitarianism, is the view that the laws of nature are contingent. It is often coupled with the claim that their contingency is knowable a priori. This paper considers Bird's (2001, 2002, 2005, 2007) arguments for the thesis that, necessarily, salt dissolves in water; and it defends his view against Beebee's (2001) and Psillos's (2002) contingentist objections. A new contingentist objection is offered and several reasons for scepticism about its success are raised. It is concluded that (...)
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  27. Justice in the Laws, a Restatement: Why Plato Endorses Public Reason.Samuel Director - 2018 - Journal of the American Philosophical Association 4 (2):184-203.
    In the Laws, Plato argues that the legislator should attempt to persuade people to voluntarily obey the laws. This persuasion is accomplished through use of legislative preludes. Preludes (also called preambles) are short arguments written into the legal code, which precede laws and give reasons to follow them. In this paper, I argue that Plato’s use of persuasive preludes shows that he endorses the core features of a public reason theory of political justification. Many philosophers argue that Plato’s political (...) is deeply at odds with contemporary liberal political philosophy. While Plato certainly does not affirm (and even rejects) some of the main features of liberalism, if it could be shown that he endorses some account of public reason (which is a liberal idea to its core), this would suggest that there is more in common between Plato and liberalism than many philosophers think. Furthermore, if combined with the work of philosophers, like C.C.W. Taylor, this could form a cumulative case against those who argue that there is little in common between Plato’s political philosophy and liberalism. In short, by showing that Plato endorses the core features of public reason, I endeavor to show that there is more in common between Plato and liberalism than is often thought. (shrink)
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  28. Aristotle, Nagarjuna and the Law of Non-Contradiction in Buddhist Philosophy.Peter G. Jones - manuscript
    There is a widespread view that Buddhist philosophy embodies logical contradictions such that there would be 'true' contradictions, This article explains that this is not the case and that Buddhist philosophy, more generally the Perennial philosophy, denies all contradictions for the sake of a doctrine of Unity.
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  29. Global Law as Intercontextuality and as Interlegality.Poul F. Kjaer - 2019 - In The Challenge of Inter-legality. Cambridge, UK: pp. 302-318.
    Since the 1990s the effects of globalization on law and legal developments has been a central topic of scholarly debate. To date, the debate is however marked by three substantial deficiencies which this chapter seeks to remedy through a reconceptualization of global law as a law of inter-contextuality expressed through inter-legality and materialized through a particular body of legal norms which can be characterized as connectivity norms. The first deficiency is a historical and empirical one. Both critics as well as (...)
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  30. Law and Eschatology in Wittgenstein's Early Thought.Barry Smith - 1978 - Inquiry: An Interdisciplinary Journal of Philosophy 21 (1-4):425 – 441.
    The paper investigates the role played by ethical deliberation and ethical judgment in Wittgenstein's early thought in the light of twentieth?century German legal philosophy. In particular the theories of the phenomenologists Adolf Reinach, Wilhelm Schapp, and Gerhart Husserl are singled out, as resting on ontologies which are structurally similar to that of the Tractatus: in each case it is actual and possible Sachverhalte which constitute the prime ontological category. The study of the relationship between the states of affairs depicted, (...)
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  31.  82
    The Priority of Natural Laws in Kant’s Early Philosophy.Aaron Wells - 2021 - Res Philosophica 98 (3):469-497.
    It is widely held that, in his pre-Critical works, Kant endorsed a necessitation account of laws of nature, where laws are grounded in essences or causal powers. Against this, I argue that the early Kant endorsed the priority of laws in explaining and unifying the natural world, as well as their irreducible role in in grounding natural necessity. Laws are a key constituent of Kant’s explanatory naturalism, rather than undermining it. By laying out neglected distinctions Kant draws among types of (...)
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  32. Systemism, Social Laws, and the Limits of Social Theory: Themes Out of Mario Bunge's: The Sociology-Philosophy Connection.Slava Sadovnikov - 2004 - Philosophy of the Social Sciences 34 (4):536-587.
    The four sections of this article are reactions to a few interconnected problems that Mario Bunge addresses in his The Sociology-Philosophy Connection , which can be seen as a continuation and summary of his two recent major volumes Finding Philosophy in Social Science and Social Science under Debate: A Philosophical Perspective . Bunge’s contribution to the philosophy of the social sciences has been sufficiently acclaimed. (See in particular two special issues of this journal dedicated to his social (...)
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  33. The Decline of Natural Law Reasoning.Joseph Tham - 2014 - The National Catholic Bioethics Quarterly 14 (2):245-255.
    The author discusses natural law reasoning, from the 1960s in the context of Pope Paul VI’s Humanae vitae, to recent cultural and intellectual currents and their influence on the tradition. The challenges that have skewed acceptance of a common human nature and the existence of natural law are addressed. The author shows how the debate on contraception initiated this challenge against natural law reasoning and led to a more evolutive concept of human nature. Attention is drawn to a need for (...)
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  34. Newton's Law of Universal Gravitation and Hume's Conception of Causality.Matias Slavov - 2013 - Philosophia Naturalis 50 (2):277-305.
    This article investigates the relationship between Hume’s causal philosophy and Newton ’s philosophy of nature. I claim that Newton ’s experimentalist methodology in gravity research is an important background for understanding Hume’s conception of causality: Hume sees the relation of cause and effect as not being founded on a priori reasoning, similar to the way that Newton criticized non - empirical hypotheses about the properties of gravity. However, according to Hume’s criteria of causal inference, the law of universal (...)
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  35. Kant’s Third Law of Mechanics: The Long Shadow of Leibniz.Marius Stan - 2013 - Studies in History and Philosophy of Science Part A 44 (3):493-504.
    This paper examines the origin, range and meaning of the Principle of Action and Reaction in Kant’s mechanics. On the received view, it is a version of Newton’s Third Law. I argue that Kant meant his principle as foundation for a Leibnizian mechanics. To find a ‘Newtonian’ law of action and reaction, we must look to Kant’s ‘dynamics,’ or theory of matter. I begin, in part I, by noting marked differences between Newton’s and Kant’s laws of action and reaction. I (...)
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  36. 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 do not draw irrelevant distinctions between the subjects of law. If these demands are satisfied, a state achieves vertical equality between officials and ordinary people and horizontal legal equality among ordinary people.
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  37.  95
    Ceteris Paribus Laws and Minutis Rectis Laws.Luke Fenton-Glynn - 2016 - Philosophy and Phenomenological Research 93 (2):274-305.
    Special science generalizations admit of exceptions. Among the class of non-exceptionless special science generalizations, I distinguish minutis rectis generalizations from the more familiar category of ceteris paribus generalizations. I argue that the challenges involved in showing that mr generalizations can play the law role are underappreciated, and quite different from those involved in showing that cp generalizations can do so. I outline a strategy for meeting the challenges posed by mr generalizations.
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  38. A Law of One's Own: Self‐Legislation and Radical Kantian Constructivism.Tom O'Shea - 2015 - European Journal of Philosophy 23 (4):1153-1173.
    Radical constructivists appeal to self-legislation in arguing that rational agents are the ultimate sources of normative authority over themselves. I chart the roots of radical constructivism and argue that its two leading Kantian proponents are unable to defend an account of self-legislation as the fundamental source of practical normativity without this legislation collapsing into a fatal arbitrariness. Christine Korsgaard cannot adequately justify the critical resources which agents use to navigate their practical identities. This leaves her account riven between rigorism and (...)
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  39. Ceteris Paribus Laws: A Naturalistic Account.Robert Kowalenko - 2014 - International Studies in the Philosophy of Science 28 (2):133-155.
    An otherwise lawlike generalisation hedged by a ceteris paribus (CP) clause qualifies as a law of nature, if the CP clause can be substituted with a set of conditions derived from the multivariate regression model used to interpret the empirical data in support of the gen- eralisation. Three studies in human biology that use regression analysis are surveyed, showing that standard objections to cashing out CP clauses in this way—based on alleged vagueness, vacuity, or lack of testability—do not apply. CP (...)
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  40. Mathematical Biology and the Existence of Biological Laws.Mauro Dorato - 2012 - In D. Dieks, S. Hartmann, T. Uebel & M. Weber (eds.), Probabilities, Laws and Structure. Springer.
    An influential position in the philosophy of biology claims that there are no biological laws, since any apparently biological generalization is either too accidental, fact-like or contingent to be named a law, or is simply reducible to physical laws that regulate electrical and chemical interactions taking place between merely physical systems. In the following I will stress a neglected aspect of the debate that emerges directly from the growing importance of mathematical models of biological phenomena. My main aim is (...)
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  41. Mechanisms, Counterfactuals and Laws.Stavros Ioannidis & Stathis Psillos - 2018 - In Stuart Glennan & Phyllis Illari (eds.), The Routledge Handbook of Mechanisms and Mechanical Philosophy. Routledge. pp. 144-156.
    In this chapter we examine the relation between mechanisms and laws/counterfactuals by revisiting the main notions of mechanism found in the literature. We distinguish between two different conceptions of ‘mechanism’: mechanisms-of underlie or constitute a causal process; mechanisms-for are complex systems that function so as to produce a certain behavior. According to some mechanists, a mechanism fulfills both of these roles simultaneously. The main argument of the chapter is that there is an asymmetrical dependence between both kinds of mechanisms and (...)
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  42. Punishment, Compensation, and Law: A Theory of Enforceability.Mark R. Reiff - 2005 - Cambridge University Press.
    This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the world. (...)
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  43. Mathematical Explanation by Law.Sam Baron - 2019 - British Journal for the Philosophy of Science 70 (3):683-717.
    Call an explanation in which a non-mathematical fact is explained—in part or in whole—by mathematical facts: an extra-mathematical explanation. Such explanations have attracted a great deal of interest recently in arguments over mathematical realism. In this article, a theory of extra-mathematical explanation is developed. The theory is modelled on a deductive-nomological theory of scientific explanation. A basic DN account of extra-mathematical explanation is proposed and then redeveloped in the light of two difficulties that the basic theory faces. The final view (...)
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  44. The Epistemology of Hedged Laws.Robert Kowalenko - 2011 - Studies in History and Philosophy of Science Part A 42 (3):445-452.
    Standard objections to the notion of a hedged, or ceteris paribus, law of nature usually boil down to the claim that such laws would be either 1) irredeemably vague, 2) untestable, 3) vacuous, 4) false, or a combination thereof. Using epidemiological studies in nutrition science as an example, I show that this is not true of the hedged law-like generalizations derived from data models used to interpret large and varied sets of empirical observations. Although it may be ‘in principle impossible’ (...)
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  45. An Unfamiliar and Positive Law: On Kant and Schiller.Reed Winegar - 2013 - Archiv für Geschichte der Philosophie 95 (3):275-297.
    A familiar post-Kantian criticism contends that Kant enslaves sensibility under the yoke of practical reason. Friedrich Schiller advanced a version of this criticism to which Kant publicly responded. Recent commentators have emphasized the role that Kant’s reply assigns to the pleasure that accompanies successful moral action. In contrast, I argue that Kant’s reply relies primarily on the sublime feeling that arises when we merely contemplate the moral law. In fact, the pleasures emphasized by other recent commentators depend on this sublime (...)
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  46. Argument From Analogy in Law, the Classical Tradition, and Recent Theories.Fabrizio Macagno & Douglas Walton - 2009 - Philosophy and Rhetoric 42 (2):154-182.
    Argument from analogy is a common and formidable form of reasoning in law and in everyday conversation. Although there is substantial literature on the subject, according to a recent survey ( Juthe 2005) there is little fundamental agreement on what form the argument should take, or on how it should be evaluated. Th e lack of conformity, no doubt, stems from the complexity and multiplicity of forms taken by arguments that fall under the umbrella of analogical reasoning in argumentation, dialectical (...)
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  47. The Fundamental Laws of Physics Can Tell the Truth.Renat Nugayev - 1991 - International Studies in the Philosophy of Science 5 (1):79 – 87.
    INTERNATIONAL STUDIES IN THE PHILOSOPHY OF SCIENCE Vol. 5, number 1, Autumn 1991, pp. 79-87. R.M. Nugayev. -/- The fundamental laws of physics can tell the truth. -/- Abstract. Nancy Cartwright’s arguments in favour of phenomenological laws and against fundamental ones are discussed. Her criticisms of the standard cjvering-law account are extended using Vyacheslav Stepin’s analysis of the structure of fundamental theories. It is argued that Cartwright’s thesis 9that the laws of physics lie) is too radical to accept. A (...)
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  48. Berkeley’s Best System: An Alternative Approach to Laws of Nature.Walter Ott - 2019 - Journal of Modern Philosophy 1 (1):4.
    Contemporary Humeans treat laws of nature as statements of exceptionless regularities that function as the axioms of the best deductive system. Such ‘Best System Accounts’ marry realism about laws with a denial of necessary connections among events. I argue that Hume’s predecessor, George Berkeley, offers a more sophisticated conception of laws, equally consistent with the absence of powers or necessary connections among events in the natural world. On this view, laws are not statements of regularities but the most general rules (...)
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  49. Gottfried Achenwall, Natural Law. A Translation of the Textbook for Kant’s Lectures on Legal and Political Philosophy, Ed. By Pauline Kleingeld, Transl. By Corinna Vermeulen, with an Introduction by Paul Guyer. [REVIEW]Katerina Mihaylova - 2021 - Kantian Review 26 (2):348-352.
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  50. 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 (...)
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