Results for 'Theories of Law, Philosophy of Law, Legal History'

924 found
Order:
  1. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  2. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  3. 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 - Budapest: 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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  4. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  5. Which Elections? A Dilemma for Proponents of the Duty to Vote.Andre Leo Rusavuk - 2024 - Res Publica 30 (3):547-565.
    Proponents of the duty to vote (DTV) argue that in normal circumstances, citizens have the moral duty to vote in political elections. Discussions about DTV analyze _what_ the duty is, _who_ has this duty, _when_ they have it, and _why_ they have it. Missing are answers to the Specification Question: to _which_ elections does DTV apply? A dilemma arises for some supporters of DTV—in this paper, I focus on Julia Maskivker’s work—because either answer is problematic. First, I argue that it (...)
    Download  
     
    Export citation  
     
    Bookmark  
  6.  57
    Ignorance, Impairment and Quality of Will.Anna Hartford & Dan J. Stein - forthcoming - Res Publica.
    A variety of mental disorders—including ASD, ADHD, major depression, and anxiety disorder, among others—may directly impact what an agent notices or fails to notice. A recent debate has emphasised the potential significance of such “impairment-derived ignorance,” and argued that failure to account for certain compelling cases would seriously undermine theories which intend to establish the conditions for blameworthy ignorance. In this comment we argue, contra a recent challenge, that Quality of Will (QW) accounts are able to explain the normative (...)
    Download  
     
    Export citation  
     
    Bookmark  
  7. (1 other version)Trustworthy Science Advice: The Case of Policy Recommendations.Torbjørn Gundersen - 2023 - Res Publica 30 (Onine):1-19.
    This paper examines how science advice can provide policy recommendations in a trustworthy manner. Despite their major political importance, expert recommendations are understudied in the philosophy of science and social epistemology. Matthew Bennett has recently developed a notion of what he calls recommendation trust, according to which well-placed trust in experts’ policy recommendations requires that recommendations are aligned with the interests of the trust-giver. While interest alignment might be central to some cases of public trust, this paper argues against (...)
    Download  
     
    Export citation  
     
    Bookmark  
  8. Ambivalent Stereotypes.Andreas Bengtson & Viki Møller Lyngby Pedersen - forthcoming - Res Publica:1-18.
    People often discriminate based on negative or positive stereotypes about others. Important examples of this are highlighted by the theory of ambivalent sexism. This theory distinguishes sexist stereotypes that are negative (hostile sexism) from those that are positive (benevolent sexism). While both forms of sexism are considered wrong towards women, hostile sexism seems intuitively worse than benevolent sexism. In this article, we ask whether the difference between discriminating based on positive vs. negative stereotypes in itself makes a morally relevant difference. (...)
    Download  
     
    Export citation  
     
    Bookmark  
  9. The Fallacy Fallacy: From the Owl of Minerva to the Lark of Arete.Andrew Aberdein - 2023 - Argumentation 37 (2):269-280.
    The fallacy fallacy is either the misdiagnosis of fallacy or the supposition that the conclusion of a fallacy must be a falsehood. This paper explores the relevance of these and related errors of reasoning for the appraisal of arguments, especially within virtue theories of argumentation. In particular, the fallacy fallacy exemplifies the Owl of Minerva problem, whereby tools devised to understand a norm make possible new ways of violating the norm. Fallacies are such tools and so are vices. Hence (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  10.  62
    Ethical Expertise and Moral Authority.Keith Dowding - 2024 - Res Publica 30 (1):31-46.
    Whether or not there is such a thing as moral expertise, and, if so, what constitutes it, is much debated. Empirical expertise bestows epistemic authority over propositional content; that is not the case in moral domains, technical expertise notwithstanding. This article identifies three types of agencies with some authority over decisions in moral matters. It shows that the source of the authority wielded by such agencies, while varying across the three forms identified, is based on empirical and technical knowledge and (...)
    Download  
     
    Export citation  
     
    Bookmark  
  11. Leonard Nelson: A Theory of Philosophical Fallacies: Translated by Fernando Leal and David Carus Springer, Cham, Switzerland, 2016, vi + 211 pp. [REVIEW]Andrew Aberdein - 2017 - Argumentation 31 (2):455-461.
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  12. Secundum Quid and the Pragmatics of Arguments. The Challenges of the Dialectical Tradition.Fabrizio Macagno - 2022 - Argumentation 36 (3):317-343.
    The phrase _secundum quid et simpliciter_ is the Latin expression translating and labelling the sophism described by Aristotle as connected with the use of some particular expression “absolutely or in a certain respect and not in its proper sense.” This paper presents an overview of the analysis of this fallacy in the history of dialectics, reconstructing the different explanations provided in the Aristotelian texts, the Latin and medieval dialectical tradition, and the modern logical approaches. The _secundum quid_ emerges as (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  13. In Defense of Patient-Centered Theories of Deontology: A Response to Liao and Barry.Alec Walen - 2022 - Law and Philosophy 41 (5):627-638.
    S. Matthew Liao and Christian Barry argue that the patient-centered approach to deontology that I have developed—the restricting claims principle —‘is beset with problems.’ They think that it cannot correctly handle cases in which a potential victim sits in the path of an agent doing what she needs to do for some greater good, or in which a person’s property is used to benefit others and harm her. They argue that cases in which an agent does what would be permissible (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  14. Reconstructing Multimodal Arguments in Advertisements: Combining Pragmatics and Argumentation Theory.Fabrizio Macagno & Rosalice Botelho Wakim Souza Pinto - 2021 - Argumentation 35 (1):141-176.
    The analysis of multimodal argumentation in advertising is a crucial and problematic area of research. While its importance is growing in a time characterized by images and pictorial messages, the methods used for interpreting and reconstructing the structure of arguments expressed through verbal and visual means capture only isolated dimensions of this complex phenomenon. This paper intends to propose and illustrate a methodology for the reconstruction and analysis of “double-mode” arguments in advertisements, combining the instruments developed in social semiotics, pragmatics, (...)
    Download  
     
    Export citation  
     
    Bookmark  
  15. Correction to: Random Selection, Democracy and Citizen Expertise.Annabelle Lever - 2024 - Res Publica 30 (1):159-160.
    This paper looks at Alexander Guerrero’s epistemic case for ‘lottocracy’, or government by randomly selected citizen assemblies. It argues that Guerrero fails to show that citizen expertise is more likely to be elicited and brought to bear on democratic politics if we replace elections with random selection. However, randomly selected citizen assemblies can be valuable deliberative and participative additions to elected and appointed institutions even when citizens are not bearers of special knowledge or virtue individually or collectively.
    Download  
     
    Export citation  
     
    Bookmark  
  16. The Duty to Edit the Human Germline.Parker Crutchfield - 2022 - Res Publica 29 (3):347-365.
    Many people find the manipulation of the human germline—editing the DNA of sperm or egg cells such that these genetic changes are passed to the resulting offspring—to be morally impermissible. In this paper, I argue for the claim that editing the human germline is morally permissible. My argument starts with the claim that outcome uncertainty regarding the effects of germline editing shows that the duty to not harm cannot ground the prohibition of germline editing. Instead, if germline editing is wrong, (...)
    Download  
     
    Export citation  
     
    Bookmark  
  17. Legal Pragmatism as a guide to new perspectives on the application of Law.Alvaro de Azevedo Gonzaga, Felipe Labruna & Cassiano Mazon - 2024 - Revista da Faculdade de Direito Do Sul de Minas 40 (1):129-144.
    This is an article about Legal Pragmatism, studied under the prism of the Philosophy of Law. The pragmatist philosophical current, born in the United States, was responsible for consolidating the line of legal reasoning aimed at obtaining the results that best meet social desires and human hopes. Legal Pragmatism is not presented as a Theory of Law, consubstantiating itself, in reality, in a method based on argumentation, capable of substantiating decision making. Finally, an attempt was made (...)
    Download  
     
    Export citation  
     
    Bookmark  
  18. Practical Reasoning Arguments: A Modular Approach.Fabrizio Macagno & Douglas Walton - 2018 - Argumentation 32 (4):519-547.
    This paper compares current ways of modeling the inferential structure of practical reasoning arguments, and proposes a new approach in which it is regarded in a modular way. Practical reasoning is not simply seen as reasoning from a goal and a means to an action using the basic argumentation scheme. Instead, it is conceived as a complex structure of classificatory, evaluative, and practical inferences, which is formalized as a cluster of three types of distinct and interlocked argumentation schemes. Using two (...)
    Download  
     
    Export citation  
     
    Bookmark   18 citations  
  19. Comparative legal cultures: on traditions classified, their rapprochement & transfer, and the anarchy of hyper-rationalism with appendix on legal ethnography.Csaba Varga - 2012 - Budapest: Szent István Társulat.
    Disciplinary issues -- Field studies -- Appendix: Theory of law : legal ethnography, or, the theoretical fruits of the inquiries into folkways. /// Reedition of papers in English spanning from 1995 to 2008 /// DISCIPLINARY ISSUES -- LAW AS CULTURE? [2002] 9–14 // TRENDS IN COMPARATIVE LEGAL STUDIES [2002] 15–17 // COMPARATIVE LEGAL CULTURES: ATTEMPTS AT CONCEPTUALISATION [1997] 19–28: 1. Legal Culture in a Cultural-anthropological Approach 19 / 2. Legal Culture in a Sociological Approach 21 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  20. Epistemic Norms for Public Political Arguments.Christoph Lumer - 2024 - Argumentation 38 (1):63-83.
    The aim of the article is to develop precise epistemic rules for good public political arguments, by which political measures in the broad sense are justified. By means of a theory of deliberative democracy, it is substantiated that the justification of a political measure consists in showing argumentatively that this measure most promotes the common good or is morally optimal. It is then discussed which argumentation-theoretical approaches are suitable for providing epistemically sound rules for arguments for such theses and for (...)
    Download  
     
    Export citation  
     
    Bookmark  
  21. Old and New Fallacies in Port-Royal Logic.Michel Dufour - 2019 - Argumentation 33 (2):241-267.
    The paper discusses the place and the status of fallacies in Arnauld and Nicole’s Port-Royal Logic, which seems to be the first book to introduce a radical change from the traditional Aristotelian account of fallacies. The most striking innovation is not in the definition of a fallacy but in the publication of a new list of fallacies, dropping some Aristotelian ones and adding more than ten new ones. The first part of the paper deals with the context of the book’s (...)
    Download  
     
    Export citation  
     
    Bookmark  
  22. Presuppositional Fallacies.Fabrizio Macagno - 2024 - Argumentation 38 (2):109-140.
    Presuppositions are at the same time a crucial and almost neglected dimension of arguments and fallacies. Arguments involve different types of presuppositions, which can be used for manipulative purposes in distinct ways. However, what are presuppositions? What is their dialectical function? Why and how can they be dangerous? This paper intends to address these questions by developing the pragmatic approaches to presupposition from a dialectical perspective. The use of presuppositions will be analyzed in terms of presumptive conclusions concerning the interlocutor’s (...)
    Download  
     
    Export citation  
     
    Bookmark  
  23. The Internal Point of View.Jeffrey Kaplan - 2023 - Law and Philosophy 42 (3):211-236.
    The most discussed theory of law of the twentieth century – HLA Hart’s theory from _The Concept of Law_ – is fundamentally _psychological_. It explains the existence of legal systems in terms of an attitude taken by legal officials: the internal point of view. Though much has been said about this attitude (what statements _express_ it, what it is _not_, how Hart _ought_ to have conceived of it, etc.), we nonetheless lack an adequate account of the attitude itself. (...)
    Download  
     
    Export citation  
     
    Bookmark  
  24. The Right to Do Wrong: Morality and the Limits of Law, by Mark Osiel (Cambridge: Harvard University Press), 2019. [REVIEW]Daniel Muñoz - 2023 - Criminal Law and Philosophy 17 (2):523-529.
    Download  
     
    Export citation  
     
    Bookmark  
  25. ‘Exploding the Limits of Law’: Judgment and Freedom in Arendt and Adorno.Craig Reeves - 2009 - Res Publica 15 (2):137-164.
    In Eichmann in Jerusalem , Hannah Arendt struggled to defend the possibility of judgment against the obvious problems encountered in attempts to offer legally valid and morally meaningful judgments of those who had committed crimes in morally bankrupt communities. Following Norrie, this article argues that Arendt’s conclusions in Eichmann are equivocal and incoherent. Exploring her perspectival theory of judgment, the article suggests that Arendt remains trapped within certain Kantian assumptions in her philosophy of history, and as such sees (...)
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
  26. A Theory that Beats the Theory? Lineages, the Growth of Signs, and Dynamic Legal Interpretation.Marcin Matczak - manuscript
    Legal philosophers distinguish between a static and a dynamic interpretation of law. The former assumes that the meaning of the words used in a legal text is set at the moment of its enactment and does not change with time. The latter allows the interpreters to update the meaning and apply a contemporary understanding to the text. The dispute between these competing theories has significant ramifications for social and political life. To take an example, depending on the (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  27. Popper’s Politics and Law in the Light of African Values.Thaddeus Metz - 2020 - Jus Cogens 2:185-204.
    Karl Popper is famous for favoring an open society, one in which the individual is treated as an end in himself and social arrangements are subjected to critical evaluation, which he defends largely by appeal to a Kantian ethic of respecting the dignity of rational beings. In this essay, I consider for the first time what the implications of a characteristically African ethic, instead prescribing respect for our capacity to relate communally, are for how the state should operate in an (...)
    Download  
     
    Export citation  
     
    Bookmark  
  28.  55
    Evil Law as the Pure Law: Critical Remarks on the Philosophy of Law of H.L.A. Hart.Andrei Nekhaev - 2019 - Tomsk State University Journal 20 (440):72–80.
    The article examines the issue of a necessary connection between the phenomena of law and morality. According to legal positiv- ism, morality is not a criterion of the legitimacy for legal norms. The law can have any content including absolutely immoral (the so-called “separability thesis”). Law issues are not connected with discussing the moral merits of a possible judicial decision. They are only closely related to studying various purely legal phenomena like precedents, judicial discretion, legislatures, etc. The (...)
    Download  
     
    Export citation  
     
    Bookmark  
  29. The Possibility of a Uniform Legal Language at the Interplay of Legal Discourse, Semiotics and Blockchain Networks.Pierangelo Blandino - 2024 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 1:1-29.
    This paper explores the possibility of a standard legal language (e.g. English) for a principled evolution of law in line with technological development. In doing so, reference is made to blockchain networks and smart contracts to emphasise the discontinuity with the liberal legal tradition when it comes to decentralisation and binary code language. Methodologically, the argument is built on the underlying relation between law, semiotics and new forms of media adding to natural language; namely: code and symbols. In (...)
    Download  
     
    Export citation  
     
    Bookmark  
  30. When Should the Master Answer? Respondeat Superior and the Criminal Law.Kenneth Silver - 2024 - Criminal Law and Philosophy 18 (1):89-108.
    Respondeat superior is a legal doctrine conferring liability from one party onto another because the latter stands in some relationship of authority over the former. Though originally a doctrine of tort law, for the past century it has been used within the criminal law, especially to the end of securing criminal liability for corporations. Here, I argue that on at least one prominent conception of criminal responsibility, we are not justified in using this doctrine in this way. Firms are (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  31. Defending the possibility of a neutral functional theory of law.Kenneth M. Ehrenberg - 2008 - Oxford Journal of Legal Studies 29 (1):91.
    I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  32. An Interpretation of the Educational Process from the Perspective of Kant's Philosophy of History and Legal-Political Theory.Milica Smajevic Roljic - 2021 - In Igor Cvejić, Predrag Krstić, Nataša Lacković & Olga Nikolić (eds.), Liberating Education: What From, What For? Institute for Philosophy and Social Theory, University of Belgrade. pp. 83-100.
    Download  
     
    Export citation  
     
    Bookmark  
  33. Pragmatic Maxims and Presumptions in Legal Interpretation.Fabrizio Macagno, Douglas Walton & Giovanni Sartor - 2018 - Law and Philosophy 37 (1):69-115.
    The fields of linguistic pragmatics and legal interpretation are deeply interrelated. The purpose of this paper is to show how pragmatics and the developments in argumentation theory can contribute to the debate on legal interpretation. The relation between the pragmatic maxims and the presumptions underlying the legal canons are brought to light, unveiling the principles that underlie the types of argument usually used to justify a construction. The Gricean maxims and the arguments of legal interpretation are (...)
    Download  
     
    Export citation  
     
    Bookmark   9 citations  
  34. What is hate speech? The case for a corpus approach.Maxime Lepoutre, Sara Vilar-Lluch, Emma Borg & Nat Hansen - 2023 - Criminal Law and Philosophy 18 (2):397-430.
    Contemporary public discourse is saturated with speech that vilifies and incites hatred or violence against vulnerable groups. The term “hate speech” has emerged in legal circles and in ordinary language to refer to these communicative acts. But legal theorists and philosophers disagree over how to define this term. This paper makes the case for, and subsequently develops, the first corpus-based analysis of the ordinary meaning of “hate speech.” We begin by demonstrating that key interpretive and moral disputes surrounding (...)
    Download  
     
    Export citation  
     
    Bookmark  
  35. 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 implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought. I focus on four putative implications discussed in the literature concerning (i) the value of vagueness in the law, (ii) the possibility and value of legal indeterminacy, (iii) the possibility (...)
    Download  
     
    Export citation  
     
    Bookmark  
  36. Legality of Rule of Law with Chinese Characteristics: A Case of “Ultra-Sinoism”.Ammar Younas - 2020 - Russian Law Journal 8 (4):53-91.
    The legal progression in China is portrayed negatively by western scholars who often argue that the state institutions in China are subordinate to the control of Chinese Communist Party’s leadership which makes these institutions politically insignificant. We consider that the legal progression in China has an instrumental role in achieving “Harmonious Socialist Society.” The purpose of this thesis is to provide an analytical literature review of scholastic work to explain the legality of rule of law in China and (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  37. The Personality of Public Authorities.Manish Oza - 2024 - Law and Philosophy 43 (4):415-450.
    This paper is about when associations, and in particular associations that are part of the state, should be treated as legal persons. I distinguish two forms of association – those that render coherent the agency of their members and those that are group agents – and argue that only the latter should be treated as persons. Following this, I discuss the conditions under which associations that are part of the state can legitimately be group agents.
    Download  
     
    Export citation  
     
    Bookmark  
  38. Global Law as Intercontextuality and as Interlegality.Poul F. Kjaer - 2019 - In The Challenge of Inter-legality. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  39. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  40. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  41. The Social Impact Theory of Law.Keton Joshua - 2015 - Phenomenology and Mind 9:130-137.
    Margaret Gilbert’s work on sociality covers a wide range of topics, and as she puts it “addresses matters of great significance to several philosophical specialties – including ethics, epistemology, political philosophy, philosophy of science, and philosophy of law – and outside philosophy as well” (Gilbert 2013, p. 1). Herein I argue that Mark Greenberg’s recent call to eliminate the problem of legal normativity is well motivated. Further, I argue that Gilbert’s work on joint commitment, and (...)
    Download  
     
    Export citation  
     
    Bookmark  
  42. Filozofia praw człowieka. Prawa człowieka w świetle ich międzynarodowej ochrony.Marek Piechowiak - 1999 - Lublin: Towarzystwo Naukowe KUL.
    PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  43. Rights, Wronging, and Equality of Status.Giulio Fornaroli - forthcoming - Law and Philosophy:1-28.
    Two problems about rights have received so far little attention. One is the problem of identifying a general value in the practice of rights. The second is to see when, if at all, rights violations wrong the right-holder, in a morally significant sense. In the present essay, I address the first question by investigating the second. I first show that if we commit to the two ideas, common in the contemporary philosophy of rights, that claim-rights always correlate with directed (...)
    Download  
     
    Export citation  
     
    Bookmark  
  44. Limits to the Politics of Subjective Rights: Reading Marx After Lefort.Christiaan Boonen - 2019 - Law and Critique 30 (2):179-199.
    In response to critiques of rights as moralistic and depoliticising, a literature on the political nature and contestability of rights has emerged. In this view, rights are not merely formal, liberal and moralistic imperatives, but can also be invoked by the excluded in a struggle against domination. This article examines the limits to this practice of rights-claiming and its implication in forms of domination. It does this by returning to Marx’s blueprint for the critique of subjective rights. This engagement with (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  45. (1 other version)instinctualism: a theory of law from within.James Rowe - manuscript
    Legal philosophy dates to the Ancient Greek Philosophers, and it continues to be a vigorously debated subject due to the fact that there does not exist a legal philosophy that is beyond reapproach that encapsulates law’s origins or purpose. This paper will introduce a new legal philosophy, which I have termed instinctualism. -/- Instinctualism is the idea that law originates from human instinct. Human beings are born with certain natural capacities that they learn to (...)
    Download  
     
    Export citation  
     
    Bookmark  
  46.  41
    Review of Christopher Nathan, The Ethics of Undercover Policing (Routledge, 2022). [REVIEW]Jonas Haeg - 2024 - Criminal Law and Philosophy 18 (1):315-323.
    This paper reviews The Ethics of Undercover Policing by Christopher Nathan.
    Download  
     
    Export citation  
     
    Bookmark  
  47. Why legal theory is political philosophy.William A. Edmundson - 2013 - Legal Theory 19 (4):331-346.
    The concept of law is not a theorist's invention but one that people use every day. Thus one measure of the adequacy of a theory of law is its degree of fidelity to the concept as it is understood by those who use it. That means as far as possible. There are important truisms about the law that have an evaluative cast. The theorist has either to say what would make those evaluative truisms true or to defend her choice to (...)
    Download  
     
    Export citation  
     
    Bookmark  
  48. Standing Tall Hommages a Csaba Varga.Bjarne Melkevik (ed.) - 2012 - Budapest: Pazmany Press.
    Thirty-five papers by outstanding specialists of philosophy of law and comparative law from Western Europe, Central Europe, Eastern Europe, as well as from Northern America and Japan, dedicated to the Hungarian philosopher of law and comparatist Csaba Varga.
    Download  
     
    Export citation  
     
    Bookmark  
  49. Mechanical Choices: A Compatibilist Libertarian Response.Christian List - 2023 - Criminal Law and Philosophy:1-23.
    Michael S. Moore defends the ideas of free will and responsibility, especially in relation to criminal law, against several challenges from neuroscience. I agree with Moore that morality and the law presuppose a commonsense understanding of humans as rational agents, who make choices and act for reasons, and that to defend moral and legal responsibility, we must show that this commonsense understanding remains viable. Unlike Moore, however, I do not think that classical compatibilism, which is based on a conditional (...)
    Download  
     
    Export citation  
     
    Bookmark  
  50. Compatibilism and Control over the Past: A New Argument Against Compatibilism.Philip Swenson - 2024 - Criminal Law and Philosophy 18 (1):201-215.
    Michael Moore’s recent book Mechanical Choices: The Responsibility of the Human Machine is full of rich, insightful discussion of many important issues related to free will and moral responsibility. I will focus on one particular issue raised by Moore: the question of whether we can have control over the past. Moore defends a compatibilist account of moral responsibility on which there are some possible cases in which agents do have such control. But Moore seeks to avoid positing too much control (...)
    Download  
     
    Export citation  
     
    Bookmark  
1 — 50 / 924