Results for 'disposition to comply with legal requirements'

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  1. Legal Directives and Practical Reasons.Noam Gur - 2018 - Oxford University Press.
    This book investigates law's interaction with practical reasons. What difference can legal requirements—e.g. traffic rules, tax laws, or work safety regulations—make to normative reasons relevant to our action? Do they give reasons for action that should be weighed among all other reasons? Or can they, instead, exclude and take the place of some other reasons? The book critically examines some of the existing answers and puts forward an alternative understanding of law's interaction with practical reasons. -/- (...)
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  2. Reactance, Morality, and Disgust: The Relationship Between Affective Dispositions and Compliance with Official Health Recommendations During the COVID-19 Pandemic.Rodrigo Díaz & Florian Cova - 2021 - Cognition and Emotion (1).
    Emergency situations require individuals to make important changes in their behavior. In the case of the COVID-19 pandemic, official recommendations to avoid the spread of the virus include costly behaviors such as self-quarantining or drastically diminishing social contacts. Compliance (or lack thereof) with these recommendations is a controversial and divisive topic, and lay hypotheses abound regarding what underlies this divide. This paper investigates which cognitive, moral, and emotional traits separate people who comply with official recommendations from those (...)
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  3. Five Kinds of Perspectives on Legal Institutions.Corrado Roversi - manuscript
    There is at least one immediate sense in which legal discourse is perspectival: it qualifies acts and facts in the world on the basis of rules. Legal concepts are for the most part constituted by rules, both in the sense that rules define these concepts’ semantic content and that, in order to engage with legal practice, we must act according to those rules, not necessarily complying with them but at least having them in mind. This (...)
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  4. The Duty to Disobey Immigration Law.Javier Hidalgo - 2016 - Moral Philosophy and Politics 3 (2).
    Many political theorists argue that immigration restrictions are unjust and defend broadly open borders. In this paper, I examine the implications of this view for individual conduct. In particular, I argue that the citizens of states that enforce unjust immigration restrictions have duties to disobey certain immigration laws. States conscript their citizens to help enforce immigration law by imposing legal duties on these citizens to monitor, report, and refrain from interacting with unauthorized migrants. If an ideal of open (...)
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  5. Responsibility in Negligence: Why the Duty of Care is Not a Duty “To Try”.Ori J. Herstein - 2010 - Canadian Journal of Law and Jurisprudence 23 (2):403-428.
    Even though it offers a compelling account of the responsibility-component in the negligence standard—arguably the Holy Grail of negligence theory—Professor John Gardner is mistaken in conceptualizing the duty of care in negligence as a duty to try to avert harm. My goal here is to explain why and to point to an alternative account of the responsibility component in negligence. The flaws in conceiving of the duty of care as a duty to try are: failing to comport with the (...)
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  6. Virtue, Self-Mastery, and the Autocracy of Practical Reason.Anne Margaret Baxley - 2014 - In Lara Denis & Oliver Sensen (eds.), Kant’s Lectures on Ethics: A Critical Guide. Cambridge University Press. pp. 223-238.
    As analysis of Kant’s account of virtue in the Lectures on Ethics shows that Kant thinks of virtue as a form of moral self-mastery or self-command that represents a model of self-governance he compares to an autocracy. In light of the fact that the very concept of virtue presupposes struggle and conflict, Kant insists that virtue is distinct from holiness and that any ideal of moral perfection that overlooks the fact that morality is always difficult for us fails to provide (...)
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  7. 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 (...)
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  8. Procedural Justice.Lawrence B. Solum - 2004 - Southern California Law Review 78:181.
    "Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with (...)
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  9. Anti-Doping, Purported Rights to Privacy and WADA's Whereabouts Requirements: A Legal Analysis.Oskar MacGregor, Richard Griffith, Daniele Ruggiu & Mike McNamee - 2013 - Fair Play 1 (2):13-38.
    Recent discussions among lawyers, philosophers, policy researchers and athletes have focused on the potential threat to privacy posed by the World Anti-Doping Agency’s (WADA) whereabouts requirements. These requirements demand, among other things, that all elite athletes file their whereabouts information for the subsequent quarter on a quarterly basis and comprise data for one hour of each day when the athlete will be available and accessible for no advance notice testing at a specified location of their choosing. Failure to (...)
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  10. Kant and Lying to the Murderer at the Door... One More Time: Kant's Legal Philosophy and Lies to Murderers and Nazis.Helga Varden - 2010 - Journal of Social Philosophy 41 (4):403-4211.
    Kant’s example of lying to the murderer at the door has been a cherished source of scorn for thinkers with little sympathy for Kant’s philosophy and a source of deep puzzlement for those more favorably inclined. The problem is that Kant seems to say that it’s always wrong to lie – even if necessary to prevent a murderer from reaching his victim – and that if one does lie, one becomes partially responsible for the killing of the victim. If (...)
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  11. Dispositional Evaluations and Defeat.Maria Lasonen-Aarnio - 2021 - In Mona Jessica & Simion Brown (eds.), Reasons, Justification and Defeat. Oxford, UK: Oxford University Press. pp. 91–115.
    Subjects who retain their beliefs in the face of higher-order evidence that those very beliefs are outputs of flawed cognitive processes are at least very often criticisable. Many think that this is because such higher-order evidence defeats various epistemic statuses such as justification and knowledge, but it is notoriously difficult to give an account of such defeat. This paper outlines an alternative explanation, stemming from some of my earlier work, for why subjects are criticisable for retaining beliefs in the face (...)
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  12.  39
    Doxastic justification through dispositions to cause.Julius Schönherr - 2022 - Synthese 200 (4):1-18.
    According to the standard view, a belief is based on a reason and doxastically justified—i.e., permissibly held—only if a causal relation obtains between a reason and the belief. In this paper, I argue that a belief can be doxastically justified by a reason’s mere disposition to sustain it. Such a disposition, however, wouldn’t establish a causal connection unless it were manifested. My argument is that, in the cases I have in mind, the manifestation of this disposition would (...)
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  13.  85
    A Second-Personal Approach to the Evolution of Morality.Carme Isern-Mas & Antoni Gomila - 2022 - Biological Theory 17 (3):199-209.
    Building on the discussion between Stephen Darwall and Michael Tomassello, we propose an alternative evolutionary account of moral motivation in its two-pronged dimension. We argue that an evolutionary account of moral motivation must account for the two forms of moral motivation that we distinguish: motivation to be partial, which is triggered by the affective relationships we develop with others; and motivation to be impartial, which is triggered by those norms to which we give impartial validity. To that aim, we (...)
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  14. Justifying Resistance to Immigration Law: The Case of Mere Noncompliance.Caleb Yong - 2018 - Canadian Journal of Law and Jurisprudence 2 (31):459-481.
    Constitutional democracies unilaterally enact the laws that regulate immigration to their territories. When are would-be migrants to a constitutional democracy morally justified in breaching such laws? Receiving states also typically enact laws that require their existing citizens to participate in the implementation of immigration restrictions. When are the individual citizens of a constitutional democracy morally justified in breaching such laws? In this article, I take up these questions concerning the justifiability of noncompliance with immigration law, focusing on the case (...)
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  15. From Moral Responsibility to Legal Responsibility in the Conduct of War.Lavinia Andreea Bejan - 2015 - Symposion: Theoretical and Applied Inquiries in Philosophy and Social Sciences 2 (3):347–362.
    Different societies came to consider certain behaviors as morally wrong, and, in time, due to a more or less general practice, those behaviors have also become legally prohibited. While, nowadays, the existence of legal responsibility of states and individuals for certain reprehensible acts committed during an armed conflict, international or non-international, is hard to be disputed, an inquiry into the manner in which the behavior of the belligerents has come to be considered reveals long discussions in the field of (...)
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  16. The Reasonable and the Relevant: Legal Standards of Proof.Georgi Gardiner - 2019 - Philosophy and Public Affairs 47 (3):288-318.
    According to a common conception of legal proof, satisfying a legal burden requires establishing a claim to a numerical threshold. Beyond reasonable doubt, for example, is often glossed as 90% or 95% likelihood given the evidence. Preponderance of evidence is interpreted as meaning at least 50% likelihood given the evidence. In light of problems with the common conception, I propose a new ‘relevant alternatives’ framework for legal standards of proof. Relevant alternative accounts of knowledge state that (...)
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  17. Enkrasia or Evidentialism? Learning to Love Mismatch.Maria Lasonen-Aarnio - 2020 - Philosophical Studies 177 (3):597-632.
    I formulate a resilient paradox about epistemic rationality, discuss and reject various solutions, and sketch a way out. The paradox exemplifies a tension between a wide range of views of epistemic justification, on the one hand, and enkratic requirements on rationality, on the other. According to the enkratic requirements, certain mismatched doxastic states are irrational, such as believing p, while believing that it is irrational for one to believe p. I focus on an evidentialist view of justification on (...)
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  18. The Moral and Evidential Requirements of Faith.Finlay Malcolm - 2020 - European Journal for Philosophy of Religion 12 (1):117-142.
    What is the relationship between faith and evidence? It is often claimed that faith requires going beyond evidence. In this paper, I reject this claim by showing how the moral demands to have faith warrant a person in maintaining faith in the face of counter-evidence, and by showing how the moral demands to have faith, and the moral constraints of evidentialism, are in clear tension with going beyond evidence. In arguing for these views, I develop a taxonomy of different (...)
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  19. Reparations for Recent Historical Injustices. The Case of Romanian Communism.Horaţiu Traian Crişan - 2016 - Symposion: Theoretical and Applied Inquiries in Philosophy and Social Sciences 3 (2):151-162.
    The debate concerning the legitimacy of awarding reparations for historical injustices focuses on the issue of finding a proper moral justification for granting reparations to the descendants of the victims of injustices which took place in the remote past. Regarding the case of Romanian communism as a more recent injustice, and analyzing the moral problems entailed by this historical lapse, within this paper I argue that overcoming such a legacy cannot be carried out, as in the case of historical injustices (...)
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  20. Les dispositions: une analyse integrationnelle(誠).Daihyun Chung - 2014 - Diogène 248:59-70.
    Would it be possible to have an alternative to the physicalist world-view? If any type of dualism is not an option, I am tempted to consider an integrational world view, which was first claimed by Confucius under the notion of cheng. I would propose an integrational thesis that cheng of an entity is a power to realize the embedded objective of it in the context where it interacts with all others. The notion of compassion may be said to be (...)
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  21. Legal Agreements and the Capacities of Agents.Andrei Buckareff - 2014 - In Law and the Philosophy of Action. Leiden, Netherlands: Brill. pp. 195-219.
    Most work at the intersection of law and the philosophy of action focuses on criminal responsibility. Unfortunately, this focus has been at the expense of reflecting on how the philosophy of action might help illuminate our understanding of issues in civil law. In this essay, focusing on Anglo-American jurisprudence, we examine the conditions under which a party to a legal agreement is deemed to have the capacity required to be bound by that agreement. We refer to this condition as (...)
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  22. W poszukiwaniu ontologicznych podstaw prawa. Arthura Kaufmanna teoria sprawiedliwości [In Search for Ontological Foundations of Law: Arthur Kaufmann’s Theory of Justice].Marek Piechowiak - 1992 - Instytut Nauk Prawnych PAN.
    Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law (...)
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  23. Statistical Evidence, Sensitivity, and the Legal Value of Knowledge.David Enoch, Levi Spectre & Talia Fisher - 2012 - Philosophy and Public Affairs 40 (3):197-224.
    The law views with suspicion statistical evidence, even evidence that is probabilistically on a par with direct, individual evidence that the law is in no way suspicious of. But it has proved remarkably hard to either justify this suspicion, or to debunk it. In this paper, we connect the discussion of statistical evidence to broader epistemological discussions of similar phenomena. We highlight Sensitivity – the requirement that a belief be counterfactually sensitive to the truth in a specific way (...)
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  24. 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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  25.  57
    Twenty Seconds to Comply: Autonomous Weapon Systems and the Recognition of Surrender.Robert Sparrow - 2015 - International Law Studies 91:699-728.
    Would it be ethical to deploy autonomous weapon systems (AWS) if they were unable to reliably recognize when enemy forces had surrendered? I suggest that an inability to reliably recognize surrender would not prohibit the ethical deployment of AWS where there was a limited window of opportunity for targets to surrender between the launch of the AWS and its impact. However, the operations of AWS with a high degree of autonomy and/or long periods of time between release and impact (...)
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  26.  36
    The Undermining Mechanisms of ‘Rule of Law’ Objections: A Response to Song and Bloemraad.Amelia M. Wirts & José Jorge Mendoza - 2022 - The Ethics of Migration Policy Dilemmas Project.
    In their article, “Immigrant legalization: A Dilemma Between Justice and The Rule of Law,” Sarah Song and Irene Bloemraad address rule of law objections to policies that would regularize the status of undocumented immigrants in the United States. On their view, justice requires that liberal democratic states (i.e., states that are committed to individual liberty and universal equality) provide pathways for undocumented immigrants to regularize their status. We do not disagree with Song and Bloemraad’s account: rule of law and (...)
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  27. Punishing Artificial Intelligence: Legal Fiction or Science Fiction.Alexander Sarch & Ryan Abbott - 2019 - UC Davis Law Review 53:323-384.
    Whether causing flash crashes in financial markets, purchasing illegal drugs, or running over pedestrians, AI is increasingly engaging in activity that would be criminal for a natural person, or even an artificial person like a corporation. We argue that criminal law falls short in cases where an AI causes certain types of harm and there are no practically or legally identifiable upstream criminal actors. This Article explores potential solutions to this problem, focusing on holding AI directly criminally liable where it (...)
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  28.  16
    “The Loss of Experience” in Digital Age: Legal Implications.Nataliia Satokhina & Yulia Razmetaeva - 2021 - Phenomenology and Mind 20:128-136.
    Exploring the history of our experience, Hannah Arendt reveals not only a radical transformation of its structure, but also the loss of experience as such and its replacement with technology. In order to identify the place of law in this process, we are trying to clarify the legal aspect of experience in terms of phenomenological hermeneutics and to trace its transformation in the digital age. The experience of law is thought of as one of the aspects of our (...)
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  29. Legal Oughts, Normative Transmission, and the Nazi Use of Analogy.Carolyn Benson & Julian Fink - 2012 - Jurisprudence 3 (2):445-463.
    In 1935, the Nazi government introduced what came to be known as the abrogation of the pro- hibition of analogy. This measure, a feature of the new penal law, required judges to stray from the letter of the written law and to consider instead whether an action was worthy of pun- ishment according to the ‘sound perception of the people’ and the ‘underlying principle’ of existing criminal statutes. In discussions of Nazi law, an almost unanimous conclusion is that a system (...)
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  30. What is (In)Coherence?Alex Worsnip - 2018 - Oxford Studies in Metaethics 13:184-206.
    Recent work on rationality has been increasingly attentive to “coherence requirements”, with heated debates about both the content of such requirements and their normative status (e.g., whether there is necessarily reason to comply with them). Yet there is little to no work on the metanormative status of coherence requirements. Metaphysically: what is it for two or more mental states to be jointly incoherent, such that they are banned by a coherence requirement? In virtue of (...)
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  31. You Are Only as Good as You Are Behind Closed Doors: The Stability of Virtuous Dispositions.Rena Beatrice Goldstein - 2020 - Philosophy Documentation Center 2:1-19.
    Virtues are standardly characterized as stable dispositions. A stable disposition implies that the virtuous actor must be disposed to act well in any domain required of them. For example, a politician is not virtuous if s/he is friendly in debate with an opponent, but hostile at home with a partner or children. Some recent virtue theoretic accounts focus on specific domains in which virtues can be exercised. I call these domain-variant accounts of virtue. This paper examines two (...)
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  32.  90
    On Evidence, Medical and Legal.Donald W. Miller & Clifford Miller - 2005 - Journal of American Physicians and Surgeons 10 (3):70-75.
    Medicine, like law, is a pragmatic, probabilistic activity. Both require that decisions be made on the basis of available evidence, within a limited time. In contrast to law, medicine, particularly evidence-based medicine as it is currently practiced, aspires to a scientific standard of proof, one that is more certain than the standards of proof courts apply in civil and criminal proceedings. But medicine, as Dr. William Osler put it, is an "art of probabilities," or at best, a "science of uncertainty." (...)
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  33. Does the Normative Question About Rationality Rest on a Mistake?Yair Levy - 2018 - Synthese 195 (5):2021-2038.
    Rationality requires that our mental attitudes exhibit specific patterns of coherence. Do we have reason to comply? 'Prichardian Quietists' regard this question as fundamentally confused: the only reasons to comply with rational requirements are the ones given by the requirements themselves. In this paper, I argue that PQ fails. I proceed by granting that Prichard's own position, from which PQ draws inspiration, is defensible, while identifying three serious problems with the parallel position about rationality. (...)
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  34. The Role of Entscheider in the Asylum Procedure: A Legal and Ethical Analysis.Nicolas Kleinschmidt & Jessica Krüger - 2019 - Proceedings of the 2018 ZiF Workshop “Studying Migration Policies at the Interface Between Empirical Research and Normative Analysis”.
    In this article we examine the role of Entscheider (decision-makers) in the German asylum procedure, both legally and ethical. As the responsibility for deciding on asylum applications lies exclusively with them, their significance for the German asylum procedure can hardly be underestimated. However, over the last few decades the situation of Entscheider changed significantly: While the number and complexity of the cases they have to decide on has increased due to the growing immigration, the requirements for their education (...)
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  35. Legal Text as a Description of a Possible World.Marcin Matczak - manuscript
    In this paper I outline a comprehensive theory of legal interpretation based on an assumption that legal text, understood as the aggregate of texts of all legal acts in force at a particular time and place, describes one rational and coherent possible world. The picture of this possible world is decoded from the text by interpreters and serves as a holistic model to which the real world is adjusted when the law is applied. From the above premise (...)
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  36. Belief and Death: Capital Punishment and the Competence-for-Execution Requirement.David M. Adams - 2016 - Criminal Law and Philosophy 10 (1):17-30.
    A curious and comparatively neglected element of death penalty jurisprudence in America is my target in this paper. That element concerns the circumstances under which severely mentally disabled persons, incarcerated on death row, may have their sentences carried out. Those circumstances are expressed in a part of the law which turns out to be indefensible. This legal doctrine—competence-for-execution —holds that a condemned, death-row inmate may not be killed if, at the time of his scheduled execution, he lacks an awareness (...)
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  37.  20
    Rationality-Required Values: Reinterpreting Kant, Rawls, Aristotle, Mill and Others.Kym Farrand - manuscript
    ‘Rationality’ here only concerns knowledge, e.g., ways to acquire scientific knowledge. Many factors are required for human rationality to exist and develop, e.g., life and evidence-based thinking. Rationality’s need for those factors, hence their value to rationality, is rationally-unquestionable. Those factors require certain moral, political, social, legal, health-care etc values to be practised. This implies a pro-rationality values-theory, with one obligatory, general end – a uniquely rationally-unquestionable end. That theory has deeply-humanly-meaningful, universal applications: the theory has implications for (...)
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  38.  20
    Speaker Meaning and Conventional Meaning in Legal Norms.Boyan Bahanov - 2022 - Philosophical Alternatives 31 (1):120-138.
    Law is a main source of justice in a democratic society, and as such it must send clear and unequivocal messages to its addressees. Therefore, the question of the meaning in the legal vocabulary does not lose its relevance and universality. The present study examines the question of the linguistic significance of legal norms in legal vocabulary, applying an interdisciplinary approach. Joining the thesis that the legislation can be considered as an expression of the legally significant will (...)
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  39. 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 (...)
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  40.  49
    Firm Authority and Workplace Democracy: A Reply to Jacob and Neuhäuser.Iñigo González-Ricoy - 2019 - Ethical Theory and Moral Practice 22 (3):679-684.
    Workplace democracy is often advocated on two intertwined views. The first is that the authority relation of employee to firm is akin to that of subject to state, such that reasons favoring democracy in the state may likewise apply to the firm. The second is that, when democratic controls are absent in the workplace, employees are liable to objectionable forms of subordination by their bosses, who may then issue arbitrary directives on matters ranging from pay to the allocation of overtime (...)
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  41. How Should Free Will Skeptics Pursue Legal Change?Marcelo Fischborn - 2018 - Neuroethics 11 (1):47-54.
    Free will skepticism is the view that people never truly deserve to be praised, blamed, or punished for what they do. One challenge free will skeptics face is to explain how criminality could be dealt with given their skepticism. This paper critically examines the prospects of implementing legal changes concerning crime and punishment derived from the free will skeptical views developed by Derk Pereboom and Gregg Caruso. One central aspect of the changes their views require is a concern (...)
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  42. Is It OK to Make Mistakes? Appraisal and False Normative Belief.Claire Field - 2019 - Dissertation, University of St Andrews
    Sometimes we make mistakes, even when we try to do our best. When those mistakes are about normative matters, such as what is required, this leads to a puzzle. This puzzle arises from the possibility of misleading evidence about what rationality requires. I argue that the best way to solve this puzzle is to distinguish between two kinds of evaluation: requirement and appraisal. The strategy I defend connects three distinct debates in epistemology, ethics, and normativity: the debate over how our (...)
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  43. Thomas Aquinas – Human Dignity and Conscience as a Basis for Restricting Legal Obligations.Marek Piechowiak - 2016 - Diametros 47:64-83.
    In contemporary positive law there are legal institutions, such as conscientious objection in the context of military service or “conscience clauses” in medical law, which for the sake of respect for judgments of conscience aim at restricting legal obligations. Such restrictions are postulated to protect human freedom in general. On the basis of Thomas Aquinas’ philosophy, it shall be argued that human dignity, understood as the existential perfection of a human being based on special unity, provides a foundation (...)
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  44. Procedure-Content Interaction in Attitudes to Law and in the Value of the Rule of Law: An Empirical and Philosophical Collaboration.Noam Gur & Jonathan Jackson - forthcoming - In Meyerson Denise, Catriona Mackenzie & Therese MacDermott (eds.), Procedural Justice and Relational Theory: Philosophical, Empirical and Legal Perspectives. Routledge.
    This chapter begins with an empirical analysis of attitudes towards the law, which, in turn, inspires a philosophical re-examination of the moral status of the rule of law. In Section 2, we empirically analyse relevant survey data from the US. Although the survey, and the completion of our study, preceded the recent anti-police brutality protests sparked by the killing of George Floyd, the relevance of our observations extends to this recent development and its likely reverberations. Consistently with prior (...)
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  45. Sensory Systems as Cybernetic Systems That Require Awareness of Alternatives to Interact with the World: Analysis of the Brain-Receptor Loop in Norwich's Entropy Theory of Perception.Lance Nizami - 2009 - Proceedings of the 2009 IEEE International Conference on Systems, Man, and Cybernetics. San Antonio, TX.
    Introduction & Objectives: Norwich’s Entropy Theory of Perception (1975 [1] -present) stands alone. It explains many firing-rate behaviors and psychophysical laws from bare theory. To do so, it demands a unique sort of interaction between receptor and brain, one that Norwich never substantiated. Can it now be confirmed, given the accumulation of empirical sensory neuroscience? Background: Norwich conjoined sensation and a mathematical model of communication, Shannon’s Information Theory, as follows: “In the entropic view of sensation, magnitude of sensation is regarded (...)
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  46. Law's Authority is Not a Claim to Preemption.Kenneth M. Ehrenberg - 2013 - In Wilfrid J. Waluchow & Stefan Sciaraffa (eds.), Philosophical Foundations of the Nature of Law. Oxford University Press. pp. 51.
    Joseph Raz argues that legal authority includes a claim by the law to replace subjects’ contrary reasons. I reply that this cannot be squared with the existence of choice-of-evils defenses to criminal prosecutions, nor with the view that the law has gaps (which Raz shares). If the function of authority is to get individuals to comply better with reason than they would do if left to their own devices, it would not make sense for law (...)
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  47. When, and How, Should Cognitive Bias Matter to Law.Govind Persad - 2014 - Law and Ineq 32:31.
    Recent work in the behavioral sciences asserts that we are subject to a variety of cognitive biases. For example, we mourn losses more than we prize equivalently sized gains; we are more inclined to believe something if it matches our previous beliefs; and we even relate more warmly or coldly to others depending on whether the coffee cup we are holding is warm or cold. Drawing on this work, case law and legal scholarship have asserted that we have reason (...)
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  48. Understanding Social Norms and Constitutive Rules: Perspectives From Developmental Psychology and Philosophy.Ingar Brinck - 2015 - Phenomenology and the Cognitive Sciences 14 (4):699-718.
    An experimental paradigm that purports to test young children’s understanding of social norms is examined. The paradigm models norms on Searle’s notion of a constitutive rule. The experiments and the reasons provided for their design are discussed. It is argued that the experiments do not provide direct evidence about the development of social norms and that the concepts of a social norm and constitutive rule are distinct. The experimental data are re-interpreted, and suggestions for how to deal with the (...)
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  49. Sustainability of Artificial Intelligence: Reconciling Human Rights with Legal Rights of Robots.Ammar Younas & Rehan Younas - forthcoming - In Zhyldyzbek Zhakshylykov & Aizhan Baibolot (eds.), Quality Time 18. Bishkek: International Alatoo University Kyrgyzstan. pp. 25-28.
    With the advancement of artificial intelligence and humanoid robotics and an ongoing debate between human rights and rule of law, moral philosophers, legal and political scientists are facing difficulties to answer the questions like, “Do humanoid robots have same rights as of humans and if these rights are superior to human rights or not and why?” This paper argues that the sustainability of human rights will be under question because, in near future the scientists (considerably the most rational (...)
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  50. Challenging the ‘Born Alive’ Threshold: Fetal Surgery, Artificial Wombs, and the English Approach to Legal Personhood.Elizabeth Chloe Romanis - 2019 - Medical Law Review.
    English law is unambiguous that legal personality, and with it all legal rights and protections, is assigned at birth. This rule is regarded as a bright line that is easily and consistently applied. The time has come, however, for the rule to be revisited. This article demonstrates that advances in fetal surgery and (anticipated) artificial wombs do not marry with traditional conceptions of birth and being alive in law. These technologies introduce the possibility of ex utero (...)
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