Results for 'Religious Law'

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  1. The Embryo in Ancient Rabbinic Literature: Between Religious Law and Didactic Narratives: An Interpretive Essay.Etienne Lepicard - 2010 - History and Philosophy of the Life Sciences 32 (1):21-41.
    At a time when bioethical issues are at the top of public and political agendas, there is a renewed interest in representations of the embryo in various religious traditions. One of the major traditions that have contributed to Western representations of the embryo is the Jewish tradition. This tradition poses some difficulties that may deter scholars, but also presents some invaluable advantages. These derive from two components, the search for limits and narrativity, both of which are directly connected with (...)
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  2. 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 (...)
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  3. Poe's Law, Group Polarization, and the Epistemology of Online Religious Discourse.Scott F. Aikin - 2012 - Social Semiotics 22 (4).
    Poe's Law is roughly that online parodies of religious extremism are indistinguishable from instances of sincere extremism. Poe's Law may be expressed in a variety of ways, each highlighting either a facet of indirect discourse generally, attitudes of online audiences, or the quality of online religious material. As a consequence of the polarization of online discussions, invocations of Poe's Law have relevance in wider circles than religion. Further, regular invocations of Poe's Law in critical discussions have the threat (...)
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  4. The Place of Religion in Human Rights Law: Distinguishing Freedom of Religion From the Right Against Religious Discrimination.Tarunabh Khaitan & Jane Norton - manuscript
    This paper argues that, while they are often conflated, the right to freedom of religion and the right against religious discrimination are in fact distinct human rights. Religious freedom is best understood as protecting our interest in religious adherence (and non-adherence), understood from the committed perspective of the (non)adherent. The right against religious discrimination is best understood as protecting our non-committal interest in the unsaddled membership of our religious group. Thus understood, the two rights have (...)
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  5. Wolność religijna i dyskryminacja religijna – uwagi w kontekście rezolucji Parlamentu Europejskiego z 20 stycznia 2011 r. [Freedom of Religion and Religious Discrimination – Remarks on the European Parliament Resolution of 20 January 2011].Marek Piechowiak - 2012 - In Stanisław Leszek Stadniczeńko (ed.), Urzeczywistnianie wolności przekonań religijnych i praw z niej wynikających. Redakcja Wydawnictw Wydziału Teologicznego Uniwersytetu Opolskiego. pp. 103-139.
    The aim of this paper is to present and analyse legal acts cited in the European Parliament resolution of 20 January 2011 on the situation of Christians in the context of freedom of religion. The author presents the substance of the right to religious freedom and the position of religious freedom among other human rights. The paper also shows the formation of European law on religious freedom and grasps the development trends in this area. Because of the (...)
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  6.  67
    Mishpat Ivri, Halakhah and Legal Philosophy: Agunah and the Theory of “Legal Sources".Bernard S. Jackson - 2001 - JSiJ.
    In this paper, I ask whether mishpat ivri (Jewish Law) is appropriately conceived as a “legal system”. I review Menachem Elon’s use of a “Sources” Theory of Law (based on Salmond) in his account of Mishpat Ivri; the status of religious law from the viewpoint of jurisprudence itself (Bentham, Austin and Kelsen); then the use of sources (and the approach to “dogmatic error”) by halakhic authorities in discussing the problems of the agunah (“chained wife”), which I suggest points to (...)
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  7. How Should Claims For Religious Exemptions Be Weighed?Billingham Paul - 2017 - Oxford Journal of Law and Religion 6 (1):1-23.
    Many philosophers and jurists believe that individuals should sometimes be granted religiouslygrounded exemptions from laws or rules. To determine whether an exemption is merited in a particular case, the religious claim must be weighed against the countervailing values that favour the uniform application of the law or rule. This paper develops and applies a framework for assessing the weight of religious claims to exemption, across two dimensions. First, the importance of the burdened religious practice, which is determined (...)
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  8.  31
    State Legitimacy and Religious Accommodation: The Case of Sacred Places.Janosch Prinz & Enzo Rossi - forthcoming - Journal of Law, Religion and State.
    In this paper we put forward a realist account of the problem of the accommodation of conflicting claims over sacred places. Our argument takes its cue from the empirical finding that modern, Western-style states necessarily mould religion into shapes that are compatible with state rule. So, at least in the context of modern states there is no pre-political morality of religious freedom that states ought to follow when adjudicating claims over sacred spaces. In which case most liberal normative theory (...)
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  9.  82
    Music Policies İn Turkish Single-Party Era: Religious Music Example.Uğur Alkan - 2018 - Tasavvur - Tekirdag Theology Journal 4 (2):452 - 469.
    Upon abolition of the sultanate, proclamation of the Republic, and termination of the seemingly existing caliphate position, the 1921 Constitution was replaced with the 1924 Constitution, which would remain in full force until 1961. It is observed that as a result of all such consecutive developments, the no. 677 Law on Preclusion and Abolition of Lodges, Zawiyahs, Tomb Keepers and Some Titles, which had been presented to the assembly with a bill prepared by Refik Koraltan, a member of the parliament (...)
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  10. Kant on Religious Feelings - An Extrapolation.Birgit Recki - 2014 - European Journal for Philosophy of Religion 6 (3):85--99.
    The religious feeling considered in this paper is the feeling of awe that can be construed in the extrapolation of the feeling of respect for the law. The latter itself can be better understood in analogy to the feeling of the sublime. Hence the thesis of my interpretation and extrapolation is: a characterization of the religious feeling in Kant’s critiques of reason and their analyses of feelings is possible. It has to be understood in analogy to the feeling (...)
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  11. Nationalism, Secularism and Liberal Neutrality: The Danish Case of Judges and Religious Symbols.Nils Holtug - 2011 - Les ateliers de l'éthique/The Ethics Forum 6 (2):107-125.
    In 2009, a law was passed in the Danish parliament, according to which judges cannot wear religious symbols in courts of law. First, I trace the development of this legislation from resistance to Muslim religious practices on the nationalist right to ideas in mainstream Danish politics about secularism and state neutrality – a process I refer to as ‘liberalization’. Second, I consider the plausibility of such liberal justifications for restrictions on religious symbols in the public sphere and, (...)
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  12. Negatywna wolność religijna i przekonania sekularystyczne w świetle sprawy Lautsi przeciwko Włochom [Negative Religious Freedom and Secular Thought in the Light of the Case of Lautsi v. Italy].Marek Piechowiak - 2011 - Przegląd Sejmowy 19 (5 (106)):37-68.
    The article provides an analysis of the European Court of Human Rights judgments in the case of Lautsi v. Italy (application no. 30814/06), also known as the Italian crucifix case. The applicant claimed that displaying crucifixes in the Italian State-school classrooms attended by her children was contrary to the principle of secularism, by which she wished to bring up her children, and therefore infringed her right to ensure their education and teaching in conformity with her religious and philosophical convictions, (...)
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  13. Church-State Separation, Healthcare Policy, and Religious Liberty.Robert Audi - 2014 - Journal of Practical Ethics 2 (1).
    This paper sketches a framework for the separation of church and state and, with the framework in view, indicates why a government’s maintaining such separation poses challenges for balancing two major democratic ideals: preserving equality before the law and protecting liberty, including religious liberty. The challenge is particularly complex where healthcare is either provided or regulated by government. The contemporary problem in question here is the contraception coverage requirement in the Obama Administration’s healthcare mandate. Many institutions have mounted legal (...)
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  14.  78
    Appropriating Resources: Land Claims, Law, and Illicit Business.Edmund F. Byrne - 2012 - Journal of Business Ethics 106 (4):453-466.
    Business ethicists should examine ethical issues that impinge on the perimeters of their specialized studies (Byrne 2011 ). This article addresses one peripheral issue that cries out for such consideration: the international resource privilege (IRP). After explaining briefly what the IRP involves I argue that it is unethical and should not be supported in international law. My argument is based on others’ findings as to the consequences of current IRP transactions and of their ethically indefensible historical precedents. In particular I (...)
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  15. Religious and Political Crises in Nigeria: A Historical Exploration.Ekpenyong Nyong Akpanika - 2017 - IOSR Journal Of Humanities And Social Science (IOSR-JHSS) 22 (9).
    Nigeria is constitutionally a secular state but underneath, religion plays a fundamental role in the socio-political governance of the people. The integration of religion and politics in Nigerian political history by her founding fathers is believed to be one major problem behind the current religious violence and political instability bedevilling the country today. The aim of this paper is to understand why the political history of Nigeria is shrouded in religious bigotry by providing the historical overview of the (...)
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  16.  43
    Legislative Terrorism: A Primer for the Non-Islamic State.Gwendolyn Yvonne Alexis - 2003 - Dissertation, New School for Social Research
    In industrial societies where civil law and state institutions have become well established secular vehicles for governing the populace, it is widely assumed that the state no longer has an interest in fortifying the religious sector as a complementary source of social control. Thus, a distinction is drawn between the Islamic state that is ruled by religious law and the secular state of Western industrial societies in which religion is deemed to have lost its influence in the public (...)
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  17. Dios en la ética de Aristóteles.David Torrijos-Castrillejo - 2012 - Pensamiento 68 (255):5-23.
    In the last few years, a new paradigm of the knowledge of the divinity in Aristotle has emerged, affording the possibility of understanding him as efficient cause. In that case, if God is efficient cause and gives rise to teleology, this must have some existential significance for man. We can ask ourselves therefore whether the knowledge of metaphysics can offer some orientation also for ethics. Yet if this were true, the need would arise to deepen the question of how much (...)
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  18.  29
    Seeing and Not Seeing the Face of God: Overcoming the Law of Contradiction in Biblical Theology.Steven Kepnes - 2020 - European Journal for Philosophy of Religion 12 (2):133-147.
    This paper attempts to illuminate and interpret the contradictory portrait of God as both seen and unseen in the Torah. Thus Moses is commanded not to look on the face of God yet also praised for having spoken to God “face to face". We seek ways to reconcile the contradictory portraits of God through the use of the term “doubled-mindedness” in the theology of Jerome Gellman, in the logic of “thirdness” in C.S. Peirce’s semiotics, and in the use of both (...)
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  19.  80
    Maimon’s ‘Law of Determinability’ and the Impossibility of Shared Attributes.Yitzhak Melamed - forthcoming - Revue de Métaphysique et de Morale.
    Apart from his critique of Kant, Maimon’s significance for the history of philosophy lies in his crucial role in the rediscovery of Spinoza by the German Idealists. Specifically, Maimon initiated a change from the common eighteenth-century view of Spinoza as the great ‘atheist’ to the view of Spinoza as an ‘acosmist’, i.e., a thinker who propounded a deep, though unorthodox, religious view denying the reality of the world and taking God to be the only real being. I have discussed (...)
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  20. Religion and Law.Isadore Twersky - 1974 - In S. D. Goitein (ed.), Religion in a Religious Age. Cambridge: Mass., Association for Jewish Studies. pp. 69--82.
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  21.  96
    Judaic Logic: A Formal Analysis of Biblical, Talmudic and Rabbinic Logic.Avi Sion - 1995, 1997 - Geneva, Switzerland: Slatkine; CreateSpace & Kindle; Lulu..
    Judaic Logic is an original inquiry into the forms of thought determining Jewish law and belief, from the impartial perspective of a logician. Judaic Logic attempts to honestly estimate the extent to which the logic employed within Judaism fits into the general norms, and whether it has any contributions to make to them. The author ranges far and wide in Jewish lore, finding clear evidence of both inductive and deductive reasoning in the Torah and other books of the Bible, and (...)
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  22.  15
    Study of Islam.Andi Herawati - 2019 - Prajna Vihara 20 (2):32-47.
    Even within religion, the creativity of imagination offers an invaluable defense against the tendencies towards dogma and absolutism. It also provides spaces living and experiencing life in diverse ways. This paper discusses the different facets of creative imagination in religious art and literature forms by comparing Isaac Bashevis Singer’s In My Father’s Court with Wayang shadow theater in Indonesia. I will show that they possess similar features demonstrating a reflection on religious law, creativity and everyday life. In Singer’s (...)
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  23. 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?
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  24.  75
    Transformative Experience and the Problem of Religious Disagreement.Joshua Blanchard & Laurie Paul - forthcoming - In Matthew A. Benton & Jonathan L. Kvanvig (eds.), Religious Disagreement and Pluralism. Oxford, UK:
    Peer disagreement presents religious believers, agnostics, and skeptics alike with an epistemological problem: how can confidence in any religious claims (including their negations) be epistemically justified? There seem to be rational, well-informed adherents among a variety of mutually incompatible religious and non-religious perspectives, and so the problem of disagreement arises acutely in the religious domain. In this paper, we show that the transformative nature of religious experience and identity poses more than just this traditional, (...)
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  25. Truth and Toleration in Early Modern Thought.Maria Rosa Antognazza - forthcoming - In Richard Whatmore & Ian Hunter (eds.), Natural Law and Politics. Cambridge: Cambridge University Press.
    The issue discussed in this paper is as topical today as it was in the early modern period. The Reformation presented with heightened urgency the question of how to relate the system of beliefs and values regarded as fundamental by an established political community to alternative beliefs and values introduced by new groups and individuals. Through a discussion of the views on toleration advanced by some key early modern thinkers, this paper will revisit different ways of addressing this problem, focusing (...)
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  26. Moves towards Authentic Freedom. Church and State in Switzerland, and Beyond.Hans Feichtinger - 2015 - Saint Anselm Journal 10 (2):47-64.
    Many of the Swiss Cantons have regulated the relations between church and state by establishing, in their public law, corporations at the levels of the municipality and of the canton. The role and the rights of these corporations, especially obligatory membership in them, is the object of ongoing political and legal debate. Both on the side of the courts and of the church, the present system has come under scrutiny, while the corporation representatives and also a majority of the population (...)
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  27.  54
    Problems of Religious Luck, Chapter 6: The Pattern Stops Here?Guy Axtell - forthcoming - In Problems of Religious Luck: Assessing the Limits of Reasonable Religious Disagreement.
    This book has argued that problems of religious luck, especially when operationalized into concerns about doxastic risk and responsibility, can be of shared interest to theologians, philosophers, and psychologists. We have pointed out counter-inductive thinking as a key feature of fideistic models of faith, and examined the implications of this point both for the social scientific study of fundamentalism, and for philosophers’ and theologians’ normative concerns with the reasonableness of a) exclusivist attitudes to religious multiplicity, and b) theologically-cast (...)
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  28.  40
    Problems of Religious Luck, Chapter 3: "Enemy in the Mirror: The Need for Comparative Fundamentalism".Guy Axtell - forthcoming - In Problems of Religious Luck: Assessing the Limits of Reasonable Religious Disagreement.
    Measures of inductive risk and of safety-principle violation help us to operationalize concerns about theological assertions or a sort which, as we saw in Part I, aggravate or intensify problems of religious luck. Our overall focus in Part II will remain on a) responses to religious multiplicity, and b) sharply asymmetrical religious trait-ascriptions to religious insiders and outsiders. But in Part II formal markers of inductive norm violation will supply an empirically-based manner of distinguishing strong from (...)
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  29. Circular and Question-Begging Responses to Religious Disagreement and Debunking Arguments.Andrew Moon - forthcoming - Philosophical Studies:1-25.
    Disagreement and debunking arguments threaten religious belief. In this paper, I draw attention to two types of propositions and show how they reveal new ways to respond to debunking arguments and disagreement. The first type of proposition is the epistemically self-promoting proposition, which, when justifiedly believed, gives one a reason to think that one reliably believes it. Such a proposition plays a key role in my argument that some religious believers can permissibly wield an epistemically circular argument in (...)
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  30. AGI and the Knight-Darwin Law: Why Idealized AGI Reproduction Requires Collaboration.Samuel Alexander - forthcoming - In International Conference on Artificial General Intelligence. Springer.
    Can an AGI create a more intelligent AGI? Under idealized assumptions, for a certain theoretical type of intelligence, our answer is: “Not without outside help”. This is a paper on the mathematical structure of AGI populations when parent AGIs create child AGIs. We argue that such populations satisfy a certain biological law. Motivated by observations of sexual reproduction in seemingly-asexual species, the Knight-Darwin Law states that it is impossible for one organism to asexually produce another, which asexually produces another, and (...)
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  31. Religious Exclusivism Unlimited: JEROEN DE RIDDER.Jeroen de Ridder - 2011 - Religious Studies 47 (4):449-463.
    Like David Silver before them, Erik Baldwin and Michael Thune argue that the facts of religious pluralism present an insurmountable challenge to the rationality of basic exclusive religious belief as construed by Reformed Epistemology. I will show that their argument is unsuccessful. First, their claim that the facts of religious pluralism make it necessary for the religious exclusivist to support her exclusive beliefs with significant reasons is one that the reformed epistemologist has the resources to reject. (...)
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  32.  34
    Problems of Religious Luck, Ch. 5: "Scaling the ‘Brick Wall’: Measuring and Censuring Strongly Fideistic Religious Orientation".Guy Axtell - forthcoming - In Problems of Religious Luck: Assessing the Limits of Reasonable Religious Disagreement.
    This chapter sharpens the book’s criticism of exclusivist responsible to religious multiplicity, firstly through close critical attention to arguments which religious exclusivists provide, and secondly through the introduction of several new, formal arguments / dilemmas. Self-described ‘post-liberals’ like Paul Griffiths bid philosophers to accept exclusivist attitudes and beliefs as just one among other aspects of religious identity. They bid us to normalize the discourse Griffiths refers to as “polemical apologetics,” and to view its acceptance as the only (...)
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  33. 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 individual’s right of sexual self-determination and physical autonomy, rather than (...)
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  34. Indirect Epistemic Reasons and Religious Belief.Kirk Lougheed & Robert Mark Simpson - 2017 - Religious Studies 53 (2):151-169.
    If believing P will result in epistemically good outcomes, does this generate an epistemic reason to believe P, or just a pragmatic reason? Conceiving of such reasons as epistemic reasons seems to lead to absurdity, e.g. by allowing that someone can rationally hold beliefs that conflict with her assessment of her evidence’s probative force. We explain how this and other intuitively unwelcome results can be avoided. We also suggest a positive case for conceiving of such reasons as epistemic reasons, namely, (...)
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  35. The Epistemic Benefits of Religious Disagreement.Katherine Dormandy - forthcoming - Religious Studies.
    Scientific researchers welcome disagreement as a way of furthering epistemic aims. Religious communities, by contrast, tend to regard it as a potential threat to their beliefs. But I argue that religious disagreement can help achieve religious epistemic aims. I do not argue this by comparing science and religion, however. For scientific hypotheses are ideally held with a scholarly neutrality, and my aim is to persuade those who are committed to religious beliefs that religious disagreement can (...)
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  36. Affirmative Sexual Consent in Canadian Law, Jurisprudence, and Legal Theory.Lucinda Vandervort - 2012 - Columbia Journal of Gender and Law 23 (2):395-442.
    This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws are (...)
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  37. Religious Disagreement Is Not Unique.Margaret Greta Turnbull - forthcoming - In Matthew A. Benton & Jonathan L. Kvanvig (eds.), Religious Disagreement and Pluralism. Oxford: Oxford University Press.
    In discussions of religious disagreement, some epistemologists have suggested that religious disagreement is distinctive. More specifically, they have argued that religious disagreement has certain features which make it possible for theists to resist conciliatory arguments that they must adjust their religious beliefs in response to finding that peers disagree with them. I consider what I take to be the two most prominent features which are claimed to make religious disagreement distinct: religious evidence and evaluative (...)
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  38. 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 question of what we ought to do when we are uncertain about what to do because we are torn between rival moral theories. For instance, we may have some credence in one theory that tells us to do A but also in another that tells us to do B. We examine how we might (...)
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  39. Religious Experience and the Probability of Theism: Comments on Swinburne.Christoph Jäger - 2017 - Religious Studies 53 (3):353-370.
    I discuss Richard Swinburne’s account of religious experience in his probabilistic case for theism. I argue, pace Swinburne, that even if cosmological considerations render theism not too improbable, religious experience does not render it more probable than not.
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  40. 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 analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the actor's (...)
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  41. Breaking the Law Under Competitive Pressure.Robert 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 unfair competitive disadvantage? Though this ethical question is pervasive in the business world, many non-skeptical theories of the obligation to obey the law cannot give it a clear answer. A broadly Kantian account, by contrast, can explain why businesspeople ought to obey laws of a certain type even under competitive pressure, namely laws that (...)
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  42. 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 Colleges-affiliated medical schools were sent confidential surveys requesting the number of required hours of the above subjects and the years in which they were taught, as well as instructor names. The number of relevant publications since 1990 for each named instructor was assessed by a PubMed search.In sum, teaching in all three subjects combined (...)
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  43. 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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  44. The Morality and Law of War.Seth Lazar - 2012 - In Andrei Marmor (ed.), Routledge Companion to the Philosophy of Law. New York, NY, USA: Routledge. pp. 364-379.
    The revisionist critique of conventional just war theory has undoubtedly scored some important victories. Walzer’s 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 (...)
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  45. 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 (...)
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  46. Autonomous Weapons and the Nature of Law and Morality: How Rule-of-Law-Values Require Automation of the Rule of Law.Duncan MacIntosh - 2016 - Temple International and Comparative Law Journal 30 (1):99-117.
    While Autonomous Weapons Systems have obvious military advantages, there are prima facie moral objections to using them. By way of general reply to these objections, I point out similarities between the structure of law and morality on the one hand and of automata on the other. I argue that these, plus the fact that automata can be designed to lack the biases and other failings of humans, require us to automate the formulation, administration, and enforcement of law as much as (...)
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  47. Schleiermacher on the Outpourings of the Inner Fire: Experiential Expressivism and Religious Pluralism.Jacqueline Marina - 2004 - Religious Studies 40 (2):125-143.
    Both in the Speeches and in The Christian Faith Schleiermacher offers a comprehensive theory of the nature of religion, grounding it in experience. In the Speeches Schleiermacher grounds religion in an original unity of consciousness that precedes the subject–object dichotomy; in The Christian Faith the feeling of absolute dependence is grounded in the immediate self-consciousness. I argue that Schleiermacher's theory offers a generally coherent account of how it is possible that differing religious traditions are all based on the same (...)
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  48.  81
    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 finally try to answer this question next term in the case of Kahler v. Kansas. -/- I say “finally” because the Court refused to answer this question in 2012 when it denied certiorari to an appeal brought by John Joseph Delling, a severely mentally ill defendant who was sentenced to life in prison three (...)
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  49. The Binding Force of Nascent Norms of International Law.Anthony R. 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 law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. Nascent norms of (...)
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  50. Sexual Consent as Voluntary Agreement: Tales of “Seduction” or Questions of Law?Lucinda Vandervort - 2013 - New Criminal Law Review 16 (1):143-201.
    This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a specific (...)
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