Results for 'duty to obey the law'

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  1. 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 borders is (...)
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  2. 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, (...)
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  3. The Duty to Disregard the Law.Michael Huemer - manuscript
    In the practice of jury nullification, a jury votes to acquit a defendant in disregard of the factual evidence, on the grounds that a conviction would result in injustice, either because the law itself is unjust or because its application in the particular case would be unjust. The practice is widely condemned by courts, which strenuously attempt to prevent it. Nevertheless, the arguments against jury nullification are surprisingly weak. I argue that, pursuant to the general ethical duty to avoid (...)
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  4. Do We Have Reasons to Obey the Law?Edmund Tweedy Flanigan - 2020 - Journal of Ethics and Social Philosophy 17 (2):159-197.
    Instead of the question, ‘do we have an obligation to obey the law?,’ we should first ask the more modest question, ‘do we have reasons to obey the law?’ This paper offers a new account of the notion of the content-independence of legal reasons in terms of the grounding relation. That account is then used to mount a defense of the claim that we do indeed have content-independent moral reasons to obey the law (because it is the (...)
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  5. Justifying Uncivil Disobedience.Ten-Herng Lai - 2019 - Oxford Studies in Political Philosophy 5:90-114.
    A prominent way of justifying civil disobedience is to postulate a pro tanto duty to obey the law and to argue that the considerations that ground this duty sometimes justify forms of civil disobedience. However, this view entails that certain kinds of uncivil disobedience are also justified. Thus, either a) civil disobedience is never justified or b) uncivil disobedience is sometimes justified. Since a) is implausible, we should accept b). I respond to the objection that this ignores (...)
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  6.  31
    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 studies, we (...)
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  7. The Moral Obligation to Obey Law.Mark Tunick - 2002 - Journal of Social Philosophy 33 (3):464–482.
    Is it always morally wrong to violate a law and in doing so does one necessarily act badly? I argue that whether in breaking a law one acts badly depends on considerations unique to the particular act of lawbreaking. The moral judgment in question is deeply contextual and cannot be settled by appeal to blanket moral rules such as that it is wrong to break (any) law. The argument is made by focusing on the example of a runner having to (...)
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  8. 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 (...)
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  9. “Dreamers” and Others: Immigration Protests, Enforcement, and Civil Disobedience.Matthew J. Lister - 2018 - APA Newsletter on Hispanic/Latino Issues in Philosophy 17 (2):15-17.
    In this short paper I hope to use some ideas drawn from the theory and practice of civil disobedience to address one of the most difficult questions in immigration theory, one rarely addressed by philosophers or other theorists working on the topic: How should we respond to people who violate immigration law? I will start with what I take to be the easiest case for my approach—that of so-called “Dreamers”—unauthorized immigrants in the US who were brought to this country while (...)
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  10.  35
    Egalitarian Provision of Necessary Medical Treatment.Robert C. Hughes - 2020 - Journal of Ethics 24 (1):55-78.
    Considerations of autonomy and independence, properly understood, support strictly egalitarian provision of necessary medical treatment. If the financially better-off can purchase access to necessary medical treatments that the financially less well-off cannot purchase without help, then their discretionary power to give or to withhold monetary gifts indirectly gives them the power to make life-and-death or sickness-and-health decisions for others. To prevent private citizens from having this objectionable form of power, government must ensure that citizens’ finances do not affect their access (...)
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  11.  81
    Legislative Duty and the Independence of Law.J. H. Bogart - 1987 - Law and Philosophy 6 (2):187 - 203.
    This essay considers the nature of duties incumbent on legislators in virtue of the office itself. I argue that there is no duty for a legislator to enact a criminal law based on morality; there is no duty to incorporate substantive moral conditions into the criminal law; and there is therefore no duty derivable from the nature of the legislative office itself to make conditions of culpability depend on those of moral responsibility. Finally, I argue that the (...)
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  12. The Civic Duty to Report Crime and Corruption.Candice Delmas - 2014 - Les ateliers de l'éthique/The Ethics Forum 9 (1):50-64.
    Is the civic duty to report crime and corruption a genuine moral duty? After clarifying the nature of the duty, I consider a couple of negative answers to the question, and turn to an attractive and commonly held view, according to which this civic duty is a genuine moral duty. On this view, crime and corruption threaten political stability, and citizens have a moral duty to report crime and corruption to the government in order (...)
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  13. 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 of (...)
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  14.  67
    Argument and the "Moral Impact" Theory of Law.Alani Golanski - 2019 - Washington University Jurisprudence Review 11:293-343.
    The innovative Moral Impact Theory (“MIT”) of law claims that the moral impacts of legal institutional actions, rather than the linguistic content of “rules” or judicial or legislative pronouncements, determine law’s content. MIT’s corollary is that legal interpretation consists in the inquiry into what is morally required as a consequence of the lawmaking actions. This paper challenges MIT by critiquing its attendant view of the nature of legal interpretation and argument. Points including the following: (1) it is not practicable to (...)
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  15. Rescuing the Duty to Rescue.Tina Rulli & Joseph Millum - 2014 - Journal of Medical Ethics:1-5.
    Clinicians and health researchers frequently encounter opportunities to rescue people. Rescue cases can generate a moral duty to aid those in peril. As such, bioethicists have leveraged a duty to rescue for a variety of purposes. Yet, despite its broad application, the duty to rescue is under-analyzed. In this paper, we assess the state of theorizing about the duty to rescue. There are large gaps in bioethicists’ understanding of the force, scope, and justification of the two (...)
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  16. The Moral Duty to Buy Health Insurance.Tina Rulli, Ezekiel Emanuel & David Wendler - 2012 - Journal of the American Medical Association 308 (2):137-138.
    The 2010 Patient Protection and Affordable Care Act was designed to increase health insurance coverage in the United States. Its most controversial feature is the requirement that US residents purchase health insurance. Opponents of the mandate argue that requiring people to contribute to the collective good is inconsistent with respect for individual liberty. Rather than appeal to the collective good, this Viewpoint argues for a duty to buy health insurance based on the moral duty individuals have to reduce (...)
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  17. Kant and the Duty to Promote One’s Own Happiness.Samuel Kahn - forthcoming - Inquiry: An Interdisciplinary Journal of Philosophy:1-12.
    In his discussion of the duty of benevolence in §27 of the Metaphysics of Morals, Kant argues that agents have no obligation to promote their own happiness, for ‘this happens unavoidably’ (MS, AA 6:451). In this paper I argue that Kant should not have said this. I argue that Kant should have conceded that agents do have an obligation to promote their own happiness.
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  18. The Duty to Take Rescue Precautions.Tina Rulli & David Wendler - 2016 - Journal of Applied Philosophy 33 (3):240-258.
    There is much philosophical literature on the duty to rescue. Individuals who encounter and could save, at relatively little cost to themselves, a person at risk of losing life or limb are morally obligated to do so. Yet little has been said about the other side of the issue. There are cases in which the need for rescue could have been reasonably avoided by the rescuee. We argue for a duty to take rescue precautions, providing an account of (...)
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  19. The Duty to Rescue and Randomized Controlled Trials Involving Serious Diseases.Joseph Millum & David Wendler - 2018 - Journal of Moral Philosophy 15 (3):298-323.
    During the recent Ebola epidemic, some commentators and stakeholders argued that it would be unethical to carry out a study that withheld a potential treatment from affected individuals with such a serious, untreatable disease. As a result, the initial trials of experimental treatments did not have control arms, despite important scientific reasons for their inclusion. In this paper, we consider whether the duty to rescue entails that it would be unethical to withhold an experimental treatment from patient-participants with serious (...)
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  20. Sustainability, Public Health, and the Corporate Duty to Assist.Julian Friedland - 2015 - Business and Professional Ethics Journal 34 (2):215-236.
    Several European and North American states encourage or even require, via good Samaritan and duty to rescue laws, that persons assist others in distress. This paper offers a utilitarian and contractualist defense of this view as applied to corporations. It is argued that just as we should sometimes frown on bad Samaritans who fail to aid persons in distress, we should also frown on bad corporate Samaritans who neglect to use their considerable multinational power to undertake disaster relief or (...)
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  21. The Duty to Remove Statues of Wrongdoers.Helen Frowe - 2019 - Journal of Practical Ethics 7 (3):1-31.
    This paper argues that public statues of persons typically express a positive evaluative attitude towards the subject. It also argues that states have duties to repudiate their own historical wrongdoing, and to condemn other people’s serious wrongdoing. Both duties are incompatible with retaining public statues of people who perpetrated serious rights violations. Hence, a person’s being a serious rights violator is a sufficient condition for a state’s having a duty to remove a public statue of that person. I argue (...)
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  22. 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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  23.  72
    Response to Umbers: An Instability of the Duty and Right to Vote.Ten-Herng Lai - 2020 - Res Publica 26 (2):275-280.
    Lachlan Umbers defends democracy against Jason’s Brennan’s competence objection, by showing that voting even incompetently does not violate the rights of others, as the risk imposed is negligible, and furthermore lower than other permissible actions, e.g. driving. I show there are costs in taking this line of argument. Accepting it would make arguing for the duty to vote more difficult in two ways: since voting incompetently is permissible, and not voting imposes less risk than not voting, then not voting (...)
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  24. Reconciling the Principled Approach to Hearsay with the Rule of Law.Andrew Botterell - 2014 - Supreme Court Law Review 65 (2d):145-168.
    My goal in this paper is to argue that the principled approach to hearsay is consistent with the rule of law. I begin by contrasting an instrumental conception of the rule of law with a conception that views the rule of law in primarily normative terms. I then turn my attention to a recent criticism of the Supreme Court of Canada’s principled approach to hearsay and suggest that if Michael Oakeshott’s normative interpretation of the rule of law is adopted, there (...)
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  25.  79
    Law and the Entitlement to Coerce.Robert C. Hughes - 2013 - In Wilfrid J. Waluchow & Stefan Sciaraffa (eds.), Philosophical Foundations of the Nature of Law. Oxford University Press. pp. 183.
    Many assume that whenever government is entitled to make a law, it is entitled to enforce that law coercively. I argue that the justification of legal authority and the justification of governmental coercion come apart. Both in ideal theory and in actual human societies, governments are sometimes entitled to make laws that they are not entitled to enforce coercively.
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  26. 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 philosophy to the (...)
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  27.  45
    Criminally Ignorant: Why the Law Pretends We Know What We Don't.Alexander Sarch - 2019 - New York, NY, USA: Oup Usa.
    The willful ignorance doctrine says defendants should sometimes be treated as if they know what they don't. This book provides a careful defense of this method of imputing mental states. Though the doctrine is only partly justified and requires reform, it also demonstrates that the criminal law needs more legal fictions of this kind. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing (...)
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  28.  18
    Twelve Basic Concepts of Law in Kant and the Compound Yijing.Stephen R. Palmquist - 2017 - Modernos E Contemporâneos 1:109-126.
    This fourth article in a six-part series correlating Kant’s philosophy with the Yijing begins by summarizing the foregoing articles: both Kant and the Yijing’s 64 hexagrams (gua) employ “architectonic” reasoning to form a four-level system with 0+4+12+(4x12) elements, the fourth level’s four sets of 12 correlating to Kant’s model of four university “faculties”. This article explores the second twelvefold set, the law faculty. The “idea of reason” guiding this wing of the comparative analysis is immortality. Three of Kant’s “quaternities” correspond (...)
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  29. Kant on ‘Good’, the Good, and the Duty to Promote the Highest Good.Pauline Kleingeld - 2016 - In Thomas Höwing (ed.), The Highest Good in Kant’s Philosophy. Berlin: De Gruyter. pp. 33-50.
    Many regard Kant’s account of the highest good as a failure. His inclusion of happiness in the highest good, in combination with his claim that it is a duty to promote the highest good, is widely seen as inconsistent. In this essay, I argue that there is a valid argument, based on premises Kant clearly endorses, in defense of his thesis that it is a duty to promote the highest good. I first examine why Kant includes happiness in (...)
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  30. Book Review: 'The Law Relating to Financial Crime in the United Kingdom (Second Edition)'. [REVIEW]Sally Ramage - 2017 - Current Criminal Law 9 (4):02-27.
    Professor Nicholas Ryder (see Appendix A for a list of his published works) and Dr Karen Harrison (see Appendix B for a list of her published works) have produced this second edition of The Law relating to financial crime in the United Kingdom (published by Routledge of Taylor & Francis Group) in order to bring the work up-to-date; to include recent legislation and government policy developments; and also to add the financial crime topics of tax evasion, market manipulation (including insider (...)
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  31. Two Modes of Non-Thinking. On the Dialectic Stupidity-Thinking and the Public Duty to Think.Lavinia Marin - 2018 - Revue Roumaine de Philosophie 62 (1):65-80.
    This article brings forth a new perspective concerning the relation between stupidity and thinking by proposing to conceptualise the state of non-thinking in two different ways, situated at the opposite ends of the spectrum of thinking. Two conceptualisations of stupidity are discussed, one critical which follows a French line of continental thinkers, and the other one which will be called educational or ascetic, following the work of Agamben. The critical approach is conceptualised in terms of seriality of thinking, or thinking (...)
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  32.  55
    The Duty to Work.Michael Cholbi - 2018 - Ethical Theory and Moral Practice 21 (5):1119-1133.
    Most advanced industrial societies are ‘work-centered,’ according high value and prestige to work. Indeed, belief in an interpersonal moral duty to work is encoded in both popular attitudes toward work and in policies such as ‘workfare’. Here I argue that despite the intuitive appeal of reciprocity or fair play as the moral basis for a duty to work, the vast majority of individuals in advanced industrialized societies have no such duty to work. For current economic conditions, labor (...)
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  33. Moral Response-Dependence, Ideal Observers, and the Motive of Duty: Responding to Zangwill.Jason Kawall - 2004 - Erkenntnis 60 (3):357-369.
    Moral response-dependent metaethical theories characterize moral properties in terms of the reactions of certain classes of individuals. Nick Zangwill has argued that such theories are flawed: they are unable to accommodate the motive of duty. That is, they are unable to provide a suitable reason for anyone to perform morally right actions simply because they are morally right. I argue that Zangwill ignores significant differences between various approvals, and various individuals, and that moral response-dependent theories can accommodate the motive (...)
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  34.  72
    The Duty to Bring Children Living in Conflict Zones to a Safe Haven.Gottfried Schweiger - 2016 - Journal of Global Ethics 12 (3):380-397.
    In this paper, I will discuss a children’s rights-based argument for the duty of states, as a joint effort, to establish an effective program to help bring children out of conflict zones, such as parts of Syria, and to a safe haven. Children are among the most vulnerable subjects in violent conflicts who suffer greatly and have their human rights brutally violated as a consequence. Furthermore, children are also a group whose capacities to protect themselves are very limited, while (...)
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  35. Legitimacy as a Mere Moral Power? A Response to Applbaum.Jiafeng Zhu - 2012 - Diametros 33:120-137.
    In a recent article, Arthur Applbaum contributes a new view—legitimacy as a moral power—to the debate over the concept of political legitimacy. Applbaum rejects competing views of legitimacy, in particular legitimacy as a claim-right to have the law obeyed, for mistakenly invoking substantive moral argument in the conceptual analysis, and concludes that “at the core of the concept—what legitimacy is” is only a Hohfeldian moral power. In this article, I contend that: (1) Applbaum’s view of legitimacy, when fully unfolded, refers (...)
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  36. Remembering the “Pan” in “Pandemic”: Considering the Impact of Global Resource Disparity on a Duty to Treat.Alison Reiheld - 2008 - American Journal of Bioethics 8 (8):37 – 38.
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  37.  88
    Animal Rights and the Duty to Harm: When to Be a Harm Causing Deontologist.C. E. Abbate - 2020 - Journal for Ethics and Moral Philosophy 3 (1):5-26.
    An adequate theory of rights ought to forbid the harming of animals (human or nonhuman) to promote trivial interests of humans, as is often done in the animal-user industries. But what should the rights view say about situations in which harming some animals is necessary to prevent intolerable injustices to other animals? I develop an account of respectful treatment on which, under certain conditions, it’s justified to intentionally harm some individuals to prevent serious harm to others. This can be compatible (...)
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  38. Rodin on Self-Defense and the "Myth" of National Self-Defense: A Refutation.Uwe Steinhoff - 2013 - Philosophia 41 (4):1017-1036.
    David Rodin denies that defensive wars against unjust aggression can be justified if the unjust aggression limits itself, for example, to the annexation of territory, the robbery of resources or the restriction of political freedom, but would endanger the lives, bodily integrity or freedom from slavery of the citizens only if the unjustly attacked state actually resisted the aggression. I will argue that Rodin's position is not correct. First, Rodin's comments on the necessity condition and its relation to an alleged (...)
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  39.  44
    Punishment and the Subordination of Law to Morality.John H. Bogart - 1987 - Oxford Journal of Legal Studies 7 (3):421-443.
    Arguments over criminalization and decriminalization often focus on the moral status of conduct, which is thought to be especially important to determining the appropriate legal status of the conduct. If the conduct is not thought to be immoral (or seriously immoral}, that is enough to show that it does not properly fall within the realm of control of the criminal law. Arguments relying on such a strategy may be termed moralized arguments. This article focuses on a crucial element of that (...)
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  40. 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 by explicitly (...)
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  41. Sensitivity, Safety, and the Law: A Reply to Pardo.David Enoch & Levi Spectre - 2019 - Legal Theory 25 (3):178-199.
    ABSTRACTIn a recent paper, Michael Pardo argues that the epistemic property that is legally relevant is the one called Safety, rather than Sensitivity. In the process, he argues against our Sensitivity-related account of statistical evidence. Here we revisit these issues, partly in order to respond to Pardo, and partly in order to make general claims about legal epistemology. We clarify our account, we show how it adequately deals with counterexamples and other worries, we raise suspicions about Safety's value here, and (...)
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  42. Consent and the Ethical Duty to Participate in Health Data Research.Angela Ballantyne & G. Owen Schaefer - 2018 - Journal of Medical Ethics 44 (6):392-396.
    The predominant view is that a study using health data is observational research and should require individual consent unless it can be shown that gaining consent is impractical. But recent arguments have been made that citizens have an ethical obligation to share their health information for research purposes. In our view, this obligation is sufficient ground to expand the circumstances where secondary use research with identifiable health information is permitted without explicit subject consent. As such, for some studies the Institutional (...)
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  43. The Principle of Fairness, Political Duties, and the Benefits Proviso Mistake.Daniel Koltonski - 2016 - Journal of Moral Philosophy 13 (3):265-293.
    Recent debate in the literature on political obligation about the principle of fairness rests on a mistake. Despite the widespread assumption to the contrary, a person can have a duty of fairness to share in the burdens of sustaining some cooperative scheme even though that scheme does not represent a net benefit to her. Recognizing this mistake allows for a resolution of the stalemate between those who argue that the mere receipt of some public good from a scheme can (...)
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  44. The Law and Ethics of K Street.Daniel T. Ostas - 2007 - Business Ethics Quarterly 17 (1):33-63.
    This article explores the law and ethics of lobbying. The legal discussion examines disclosure regulations, employment restrictions,bribery laws, and anti-fraud provisions as each applies to the lobbying context. The analysis demonstrates that given the social value placed on the First Amendment, federal law generally affords lobbyists wide latitude in determining who, what, when, where, and how to lobby.The article then turns to ethics. Lobbying involves deliberate attempts to effect changes in the law. An argument is advanced that because law implicates (...)
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  45. What is the Incoherence Objection to Legal Entrapment?Daniel Hill, Stephen K. McLeod & Attila Tanyi - forthcoming - Journal of Ethics and Social Philosophy.
    Some legal theorists say that legal entrapment to commit a crime is incoherent. So far, there is no satisfactorily precise statement of this objection in the literature: it is obscure even as to the type of incoherence that is purportedly involved. (Perhaps consequently, substantial assessment of the objection is also absent.) We aim to provide a new statement of the objection that is more precise and more rigorous than its predecessors. We argue that the best form of the objection asserts (...)
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  46. How Demanding is the Duty of Assistance?Mark Navin - 2013 - In Win-Chiat Lee & Helen Stacy (eds.), Economic Justice. Springer. pp. 205-220.
    Among Anglo-American philosophers, contemporary debates about global economic justice have often focused upon John Rawls’s Law of Peoples. While critics and advocates of this work disagree about its merits, there is wide agreement that, if today’s wealthiest societies acted in accordance with Rawls’s Duty of Assistance, there would be far less global poverty. I am skeptical of this claim. On my view, the Duty of Assistance is unlikely to require the kinds and amounts of assistance that would be (...)
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  47. 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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  48. Acquired Innocence. The Law, the Charge, and K.'S Trial: Franz Kafka and Franz Brentano.Robert Welsh Jordan - manuscript
    Kafka's work provoked more than three decades of interpretations before Wagenbach provided information showing that Kafka was quite familiar with the work of Brentano and his Prague followers, including their unique conceptions of natural law, ethical concepts, and human acquaintance with them. Kafka took a lively interest in discussions in this Prague circle, and The Trial may without violence be read as a deliberate illustration for issues in philosophy of law as they would have been understood within this circle. This (...)
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  49.  37
    Children's Informed Consent to Treatment: Is the Law an Ass?D. Dickenson - 1994 - Journal of Medical Ethics 20 (4):205-222.
    Anomaly in English law between age of children's permitted consent to treatment and much lower age of criminal responsibility.
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  50. On the Triviality of Hume's Law: A Reply to Gerhard Schurz.Charles Pigden - 2010 - In Hume on Is and Ought. Palgrave-Macmillan. pp. 217-238.
    I argue that No-Ought-From-Is (in the sense that I believe it) is a relatively trivial affair. Of course, when people try to derive substantive or non-vacuous moral conclusions from non-moral premises, they are making a mistake. But No-Non-Vacuous-Ought-From-Is is meta-ethically inert. It tells us nothing about the nature of the moral concepts. It neither refutes naturalism nor supports non-cognitivism. And this is not very surprising since it is merely an instance of an updated version of the conservativeness of logic (in (...)
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