Results for 'legal argumentation'

1000+ found
Order:
  1. Dichotomies and Oppositions in Legal Argumentation.Fabrizio Macagno & Douglas Walton - 2010 - Ratio Juris 23 (2):229-257.
    In this paper we use a series of examples to show how oppositions and dichotomies are fundamental in legal argumentation, and vitally important to be aware of, because of their twofold nature. On the one hand, they are argument structures underlying various kinds of rational argumentation commonly used in law as a means of getting to the truth in a conflict of opinion under critical discussion by two opposing sides before a tryer of fact. On the other (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  2. Common Knowledge and Argumentation Schemes .Fabrizio Macagno & Douglas Walton - 2005 - Studies in Communication Sciences 5 (2):1-22.
    We argue that common knowledge, of the kind used in reasoning in law and computing is best analyzed using a dialogue model of argumentation (Walton & Krabbe 1995). In this model, implicit premises resting on common knowledge are analyzed as endoxa or widely accepted opinions and generalizations (Tardini 2005). We argue that, in this sense, common knowledge is not really knowledge of the kind represent by belief and/or knowledge of the epistemic kind studied in current epistemology. This paper takes (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  3. Dialectical and Heuristic Arguments: Presumptions and Burden of Proof.Fabrizio Macagno - 2010 - In C. Tindale & C. Reed (eds.), Dialectics, Dialogue and Argumentation: An Examination of Douglas Walton's Theories of Reasoning and Argument. College Publications. pp. 45-57.
    Presumption is a complex concept in law, affecting the dialogue setting. However, it is not clear how presumptions work in everyday argumentation, in which the concept of “plausible argumentation” seems to encompass all kinds of inferences. By analyzing the legal notion of presumption, it appears that this type of reasoning combines argument schemes with reasoning from ignorance. Presumptive reasoning can be considered a particular form of reasoning, which needs positive or negative evidence to carry a probative weight (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  4. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  5.  36
    On the Unities of Law, Practical Reason, and Right: Foundations of the Unity of Reason Beyond the Plurality of Knowledge and of Normative Orders.André Ferreira Leite de Paula - 2019 - In André Ferreira Leite de Paula & Andrés Santacoloma Santacoloma (eds.), Law and Morals - ARSP 158/2019. pp. 15-115.
    The problem addressed in this article is the relationship between law and morality. It is asked (1) to what extent law and morality are connected and separated and (2) since when has it been so. To the extent that law and morality are distinct normative orders, it is asked (3) whether they rule exactly the same behaviors or whether each order rules dierent kinds of behaviors. If they rule at least some of the same behaviors, it is asked (4) whether (...)
    Download  
     
    Export citation  
     
    Bookmark  
  6.  25
    Religious Conscientious Objections and Insulation From Evidence.Joseph Dunne - 2018 - Journal of Ethical Urban Living 1 (2):23-40.
    Religion is often singled out for special legal treatment in Western societies - which raises an important question: what, if anything, is special about religious conscience beliefs that warrants such special legal treatment? In this paper, I will offer an answer to this specialness question by investigating the relationship between religious conscientious objections and their insulation from relevant evidence. I will begin my analysis by looking at Brian Leiter’s arguments that religious beliefs are insulated from evidence and not (...)
    Download  
     
    Export citation  
     
    Bookmark  
  7.  45
    Why Protagoras Gets Paid Anyway: A Practical Solution of the Paradox of Court.Elena Lisanyuk - 2017 - Schole 11 (1):61-77.
    The famous dispute between Protagoras and Euathlus concerning Protagoras’s tuition fee reportedly owed to him by Euathlus is solved on the basis of practical argumentation concerning actions. The dispute is widely viewed as a kind of a logical paradox, and I show that such treating arises due to the double confusion in the dispute narrative. The linguistic expressions used to refer to Protagoras’s, Euathlus’s and the jurors’ actions are confused with these actions themselves. The other confusion is the collision (...)
    Download  
     
    Export citation  
     
    Bookmark  
  8. Direito a intimidad.Vitor Gonçalves Machado - unknown
    Resumo A problemática sobre a “verdade” não tem obtido a devida atenção no meio jurídico. As considerações a respeito do que seja “verdade”, por certo, têm nítido viés filosófico, existindo distintas concepções acerca da “verdade”, embora muitas não são capazes de servir ao direito processual civil. Habermas concebe a “verdade” sobre um fato como um conceito dialético, construída a partir das argumentações desenvolvidas pelos sujeitos cognoscentes, ou seja, buscada na cooperação direcionada para o entendimento mútuo racional. Identificam-se pontos de contato (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  9. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  10. What Students' Arguments Can Tell Us: Using Argumentation Schemes in Science Education.Fabrizio Macagno & Aikaterini Konstantinidou - 2013 - Argumentation 27 (3):225-243.
    The relationship between teaching and argumentation is becoming a crucial issue in the field of education and, in particular, science education. Teaching has been analyzed as a dialogue aimed at persuading the interlocutors, introducing a conceptual change that needs to be grounded on the audience’s background knowledge. This paper addresses this issue from a perspective of argumentation studies. Our claim is that argumentation schemes, namely abstract patterns of argument, can be an instrument for reconstructing the tacit premises (...)
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  11. The Anarchist Official: A Problem for Legal Positivism.Kenneth M. Ehrenberg - 2011 - Australian Journal of Legal Philosophy 36:89-112.
    I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system (...)
    Download  
     
    Export citation  
     
    Bookmark  
  12. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  13. Considering the Roles of Values in Practical Reasoning Argumentation Evaluation.Michael D. Baumtrog - 2013 - Virtues of Argumentation. Proceedings of the 10th International Conference of the Ontario Society for the Study of Argumentation (OSSA).
    Building upon the role values take in Walton’s theory of practical reasoning, this paper will frame the question of how values should be evaluated into the broader question of what reasonable practical argumentation is. The thesis argued for is that if a positive evaluation of practical reasoning argumentation requires that the argument avoid a morally negative conclusion, then the role of values should be given a central, rather than supportive, position in practical argument evaluation.
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  14. What is Legal Moralism?Thomas Søbirk Petersen - 2011 - SATS 12 (1):80-88.
    The aim of this critical commentary is to distinguish and analytically discuss some important variations in which legal moralism is defined in the literature. As such, the aim is not to evaluate the most plausible version of legal moralism, but to find the most plausible definition of legal moralism. As a theory of criminalization, i.e. a theory that aims to justify the criminal law we should retain, legal moralism can be, and has been, defined as follows: (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  15.  22
    Probabilistic Arguments in the Epistemological Approach to Argumentation.Christoph Lumer - 2011 - In Frans H. Van Eemeren, Bart Garssen, David Godden & Gordon Mitchell (eds.), Proceedings of the 7th Conference of the International Society for the Study of Argumentation. Amsterdam, Netherlands: Rozenberg; Sic Sat. pp. 1141-1154.
    The aim of the paper is to develop general criteria of argumentative validity and adequacy for probabilistic arguments on the basis of the epistemological approach to argumentation. In this approach, as in most other approaches to argumentation, proabilistic arguments have been neglected somewhat. Nonetheless, criteria for several special types of probabilistic arguments have been developed, in particular by Richard Feldman and Christoph Lumer. In the first part (sects. 2-5) the epistemological basis of probabilistic arguments is discussed. With regard (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  16.  78
    Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in Edmondson, Kindrat and Brown.Lucinda Vandervort - 2012 - In Elizabeth Sheehy (ed.), SEXUAL ASSAULT IN CANADA: LAW, LEGAL PRACTICE & WOMEN'S ACTIVISM,. Ottawa, ON, Canada: Ottawa: University of Ottawa Press. pp. 111-150.
    In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of (...)
    Download  
     
    Export citation  
     
    Bookmark  
  17. Devil’s Advocates: On the Ethics of Unjust Legal Advocacy.Michael Huemer - manuscript
    I argue that it is morally wrong for a lawyer to pursue a legal outcome that he knows to be unjust, such as the acquittal of a guilty client or the triumph of the wrong side in a lawsuit.
    Download  
     
    Export citation  
     
    Bookmark  
  18. Intellectual Humility and Argumentation.Andrew Aberdein - forthcoming - In Mark Alfano, Michael Lynch & Alessandra Tanesini (eds.), The Routledge Handbook of the Philosophy of Humility. Routledge.
    In this chapter I argue that intellectual humility is related to argumentation in several distinct but mutually supporting ways. I begin by drawing connections between humility and two topics of long-standing importance to the evaluation of informal arguments: the ad verecundiam fallacy and the principle of charity. I then explore the more explicit role that humility plays in recent work on critical thinking dispositions, deliberative virtues, and virtue theories of argumentation.
    Download  
     
    Export citation  
     
    Bookmark  
  19. Legal Burdens of Proof and Statistical Evidence.Georgi Gardiner - forthcoming - In James Chase & David Coady (eds.), The Routledge Handbook of Applied Epistemology. Routledge.
    In order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- A family of influential cases suggests (...)
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
  20. Legal Epistemology.Georgi Gardiner - 2019 - Oxford Bibliographies Online.
    Download  
     
    Export citation  
     
    Bookmark  
  21.  27
    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 gestation, and/or (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  22. Affirmative Sexual Consent in Canadian Law, Jurisprudence, and Legal Theory.Lucinda Vandervort - 2012 - Columbia Journal of Gender and Law 23 (2):395-442.
    This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  23.  54
    Hobbes’s Third Jurisprudence: Legal Pragmatism and the Dualist Menace.Benjamin L. S. Nelson - forthcoming - Canadian Journal of Law and Jurisprudence.
    This paper explores the possibility that Hobbesian jurisprudence is best understood as a ‘third way’ in legal theory, irreducible to classical natural law or legal positivism. I sketch two potential ‘third theories’ of law -- legal pragmatism and legal dualism -- and argue that, when considered in its broadest sense, Leviathan is best viewed as an example of legal pragmatism. I consider whether this legal pragmatist interpretation can be sustained in the examination of Leviathan’s (...)
    Download  
     
    Export citation  
     
    Bookmark  
  24. Animals, Slaves, and Corporations: Analyzing Legal Thinghood.Visa A. J. Kurki - 2017 - German Law Journal 18 (5):1070-1090.
    The Article analyzes the notion of legal “thinghood” in the context of the person–thing bifurcation. In legal scholarship, there are numerous assumptions pertaining to this definition that are often not spelled out. In addition, one’s chosen definition of “thing” is often simply taken to be the correct one. The Article scrutinizes these assumptions and definitions. First, a brief history of the bifurcation is offered. Second, three possible definitions of “legal thing” are examined: Things as nonpersons, things as (...)
    Download  
     
    Export citation  
     
    Bookmark  
  25.  53
    How Much of Commonsense and Legal Reasoning is Formalizable? A Review of Conceptual Obstacles.James Franklin - 2012 - Law, Probability and Risk 11:225-245.
    Fifty years of effort in artificial intelligence (AI) and the formalization of legal reasoning have produced both successes and failures. Considerable success in organizing and displaying evidence and its interrelationships has been accompanied by failure to achieve the original ambition of AI as applied to law: fully automated legal decision-making. The obstacles to formalizing legal reasoning have proved to be the same ones that make the formalization of commonsense reasoning so difficult, and are most evident where (...) reasoning has to meld with the vast web of ordinary human knowledge of the world. Underlying many of the problems is the mismatch between the discreteness of symbol manipulation and the continuous nature of imprecise natural language, of degrees of similarity and analogy, and of probabilities. (shrink)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  26. What is the Incoherence Objection to Legal Entrapment?Daniel Hill, Stephen K. McLeod & Attila Tanyi - manuscript
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  27. Verbal Sparring and Apologetic Points: Politeness in Gendered Argumentation Contexts.Sylvia Burrow - 2010 - Informal Logic 30 (3):235-262.
    This essay argues that ideals of cooperation or adversariality in argumentation are not equally attainable for women. Women in argumentation contexts face oppressive limitations undermining argument success because their authority is undermined by gendered norms of politeness. Women endorsing or, alternatively, transgressing feminine norms of politeness typically defend their authority in argumentation contexts. And yet, defending authority renders it less legitimate. My argument focuses on women in philosophy but bears the implication that other masculine dis- course contexts (...)
    Download  
     
    Export citation  
     
    Bookmark   10 citations  
  28.  72
    Wedding Cakes and Muslims: Religious Freedom and Politics in Contemporary American Legal Practice.Jon Mahoney - 2019 - Politologija 1:25-36.
    This paper offers a critical examination of two recent American Supreme Court verdicts, Masterpiece Cake Shop v Colorado Civil Rights Commission and Trump v Hawaii. In Masterpiece the Court ruled against the state of Colorado on grounds that religious bias on the part of state officials undermines government’s authority to enforce a policy that might otherwise be constitutional. In Trump the Court ruled in favor of an executive order severely restricting immigration from seven countries, five of which are Muslim majority. (...)
    Download  
     
    Export citation  
     
    Bookmark  
  29.  26
    Gleiche Gerechtigkeit: Grundlagen Eines Liberalen Egalitarismus.Stefan Gosepath - 2004 - Suhrkamp.
    Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory of equality (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark   15 citations  
  30. Kant's Legal Metaphor and the Nature of a Deduction.Ian Proops - 2003 - Journal of the History of Philosophy 41 (2):209-229.
    This essay partly builds on and partly criticizes a striking idea of Dieter Henrich. Henrich argues that Kant's distinction in the first Critique between the question of fact (quid facti) and the question of law (quid juris) provides clues to the argumentative structure of a philosophical "Deduction". Henrich suggests that the unity of apperception plays a role analogous to a legal factum. By contrast, I argue, first, that the question of fact in the first Critique is settled by the (...)
    Download  
     
    Export citation  
     
    Bookmark   12 citations  
  31. Legal Vs. Ethical Obligations – a Comment on the EPSRC’s Principles for Robotics.Vincent C. Müller - 2017 - Connection Science 29 (2):137-141.
    While the 2010 EPSRC principles for robotics state a set of 5 rules of what ‘should’ be done, I argue they should differentiate between legal obligations and ethical demands. Only if we make this difference can we state clearly what the legal obligations already are, and what additional ethical demands we want to make. I provide suggestions how to revise the rules in this light and how to make them more structured.
    Download  
     
    Export citation  
     
    Bookmark  
  32. The Legal Self: Executive Processes and Legal Theory.William Hirstein & Katrina Sifferd - 2011 - Consciousness and Cognition 20 (1):151-176.
    When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the (...)
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  33. Feminist Perspectives on Argumentation.Catherine E. Hundleby - forthcoming - Stanford Encyclopedia of Philosophy.
    Feminists note an association of arguing with aggression and masculinity and question the necessity of this connection. Arguing also seems to some to identify a central method of philosophical reasoning, and gendered assumptions and standards would pose problems for the discipline. Can feminine modes of reasoning provide an alternative or supplement? Can overarching epistemological standards account for the benefits of different approaches to arguing? These are some of the prospects for argumentation inside and outside of philosophy that feminists consider. (...)
    Download  
     
    Export citation  
     
    Bookmark  
  34.  54
    What Does ‘Legal Obligation’ Mean?Daniel Wodak - 2018 - Pacific Philosophical Quarterly 99 (4):790-816.
    What do normative terms like “obligation” mean in legal contexts? On one view, which H.L.A. Hart may have endorsed, “obligation” is ambiguous in moral and legal contexts. On another, which is dominant in jurisprudence, “obligation” has a distinctively moralized meaning in legal contexts. On a third view, which is often endorsed in philosophy of language, “obligation” has a generic meaning in moral and legal con- texts. After making the nature of and disagreements between these views precise, (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  35. Preface to a Philosophy of Legal Information.Kevin Lee - 2018 - SMU Science and Technology Law Review 20.
    This essay introduces the philosophy of legal information (PLI), which is a response to the radical changes brought about in philosophy by the information revolution. It reviews in some detail the work of Luciano Floridi, who is an influential advocate for an information turn in philosophy that he calls the philosophy of information (PI). Floridi proposes that philosophers investigate the conceptual nature of information as it currently exists across multiple disciplines. He shows how a focus on the informational nature (...)
    Download  
     
    Export citation  
     
    Bookmark  
  36.  87
    Pyrrhonian Argumentation: Therapy, Dialectic, and Inquiry.Diego E. Machuca - 2019 - Apeiron 52 (2):199-221.
    The Pyrrhonist’s argumentative practice is characterized by at least four features. First, he makes a therapeutic use of arguments: he employs arguments that differ in their persuasiveness in order to cure his dogmatic patients of the distinct degrees of conceit and rashness that afflict them. Secondly, his arguments are for the most part dialectical: when offering an argument to oppose it to another argument advanced by a given dogmatist, he accepts in propria persona neither the truth of its premises and (...)
    Download  
     
    Export citation  
     
    Bookmark  
  37. Legal Luck.Ori Herstein - forthcoming - In Rutledge Companion to the Philosophy of Luck. Rutledge.
    Explaining the notion of legal luck and exploring its justification. Focusing on how legal luck relates to moral luck, legal causation and negligence, and to civil and criminal liability.
    Download  
     
    Export citation  
     
    Bookmark  
  38. Law’s Artifactual Nature: How Legal Institutions Generate Normativity.Kenneth M. Ehrenberg - 2015 - In George Pavlakos & Veronica Rodriguez-Blanco (eds.), Reasons and Intentions in Law and Practical Agency. Cambridge University Press. pp. 247-266.
    I argue that law is best understood as an institutionalized abstract artifact. Using the ideas of John Searle on institutions and Amie Thomasson on artifacts, I show how the law is capable of generating new reasons for action, arguing against recent work by David Enoch who holds that legal reason-giving is ultimately a form of triggering conditional reasons.
    Download  
     
    Export citation  
     
    Bookmark  
  39. A Situation of Ethical Limbo and Preimplantation Genetic Diagnosis.Tomasz Zuradzki - 2014 - Journal of Medical Ethics 40 (11):780-781.
    In my previous paper I argued that if in vitro fertilization (IVF) is legal and practiced there is no moral ground to object to legalization of preimplantation genetic diagnosis (PGD). My opponent raises an objection that my paper “fails to address the ethical argumentation of one key opponent of IVF – the Catholic Church”. In this reply I show that her/his thesis that embryos created during IVF are in ‘ethical limbo’ and “fall outside the moral universe of Christian (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  40.  54
    Legal Archetypes and Metadata Collection.Alan Rubel - 2017 - Wisconsin International Law Review 34 (4):823-853.
    In discussions of state surveillance, the values of privacy and security are often set against one another, and people often ask whether privacy is more important than national security.2 I will argue that in one sense privacy is more important than national security. Just what more important means is its own question, though, so I will be more precise. I will argue that national security rationales cannot by themselves justify some kinds of encroachments on individual privacy (including some kinds that (...)
    Download  
     
    Export citation  
     
    Bookmark  
  41.  74
    The Debate on Constitutional Courts and Their Authority Between Legal and Political Constitutionalism.Valerio Fabbrizi - 2016 - Philosophica Critica 2 (2):47-70.
    The paper is focused on the criticisms that theorists of political constitutionalism raise against legal constitutionalism, especially with regard to the idea of representation and political sovereignty. At the same time, the intention is to reconstruct the debate between legal and political constitutionalism in contemporary liberalism, starting from the so-called counter-majoritarian difficulty. This debate concerns two different approaches: the political one rejects the idea of judicial review by the Supreme Court because it may establish a possible rule of (...)
    Download  
     
    Export citation  
     
    Bookmark  
  42.  53
    Organ Donor Registration Policies and the Wrongness of Forcing People to Think of Their Own Death.Tomasz Żuradzki & Katarzyna Marchewka - 2016 - American Journal of Bioethics 16 (11):35-37.
    MacKay and Robinson (2016) claim that some legal procedures that regulate organ donations (VAC, opt-in, opt-out) bypass people's rational capacities and thus are “potentially morally worse than MAC”, which only employs a very mild form of coercion. We provide a critique of their argumentation and defend the opposite thesis: MAC is potentially morally worse than the three other options.
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  43. Argumentation, R. Pavilionis's Meaning Continuum and The Kitchen Debate.Elena Lisanyuk - 2015 - Problemos 88:95.
    In this paper, I propose a logical-cognitive approach to argumentation and advocate an idea that argumentation presupposes that intelligent agents engaged in it are cognitively diverse. My approach to argumentation allows drawing distinctions between justification, conviction and persuasion as its different kinds. In justification agents seek to verify weak or strong coherency of an agent’s position in a dialogue. In conviction they argue to modify their partner’s position by means of demonstrating weak or strong cogency of their (...)
    Download  
     
    Export citation  
     
    Bookmark  
  44.  66
    Too Liberal for Global Governance? International Legal Human Rights System and Indigenous Peoples’ Right to Self-Determination.Ranjoo Seodu Herr - 2017 - Journal of International Political Theory 13 (2):196-214.
    This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations in 2007. This historic (...)
    Download  
     
    Export citation  
     
    Bookmark  
  45.  62
    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  
  46. Filozofia praw człowieka. Prawa człowieka w świetle ich międzynarodowej ochrony.Marek Piechowiak - 1999 - 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 an (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark   1 citation  
  47. MORAL STRUCTURE OF LEGAL OBLIGATION.Kuczynski John-Michael - 2006 - Dissertation, University of California, Santa Barbara
    What are laws, and do they necessarily have any basis in morality? The present work argues that laws are governmental assurances of protections of rights and that concepts of law and legal obligation must therefore be understood in moral terms. There are, of course, many immoral laws. But once certain basic truths are taken into account – in particular, that moral principles have a “dimension of weight”, to use an expression of Ronald Dworkin’s, and also that principled relations are (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  48. The Development of Dialectic and Argumentation Theory in Post-Classical Islamic Intellectual History.Mehmet Karabela - 2011 - Dissertation, McGill University
    This dissertation is an analysis of the development of dialectic and argumentation theory in post-classical Islamic intellectual history. The central concerns of the thesis are; treatises on the theoretical understanding of the concept of dialectic and argumentation theory, and how, in practice, the concept of dialectic, as expressed in the Greek classical tradition, was received and used by five communities in the Islamic intellectual camp. It shows how dialectic as an argumentative discourse diffused into five communities (theologicians, poets, (...)
    Download  
     
    Export citation  
     
    Bookmark  
  49. Comparative Legal Cultures: On Traditions Classified, Their Rapprochement & Transfer, and the Anarchy of Hyper-Rationalism with Appendix on Legal Ethnography.Csaba Varga - 2012 - 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  
  50. Contemporary Legal Philosophising: Schmitt, Kelsen, Lukács, Hart, & Law and Literature, with Marxism's Dark Legacy in Central Europe (on Teaching Legal Philosophy in Appendix).Csaba Varga - 2013 - Szent István Társulat.
    Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 (...)
    Download  
     
    Export citation  
     
    Bookmark  
1 — 50 / 1000