Results for 'legal obligation'

999 found
Order:
  1. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  2. 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 (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  3. 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  
  4.  92
    "What We Could Do Is..." - The Relation of Education to Legal Obligations to Protect Public Health and the Environment.Kirk W. Junker - 2011 - Umwelt Und Gesundheit Online (4):18-29.
    This article considers the role of law as an active force in educating citizens on norms of the society. The norms are created and enforced in the law in general, but of particular importance are those in environmental law. In environmental law the environment is not protected only for the sake of serving human beings. To learn this lesson, however, one must look at the specifics of the law and its application. Some laws purport to be concerned with the environment (...)
    Download  
     
    Export citation  
     
    Bookmark  
  5. 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  
  6. Political Obligations in a Sea of Tyranny and Crushing Poverty.Aaron Maltais - 2014 - Legal Theory 20 (3):186-209.
    Christopher Wellman is the strongest proponent of the natural-duty theory of political obligations and argues that his version of the theory can satisfy the key requirement of ; namely, justifying to members of a state the system of political obligations they share in. Critics argue that natural-duty theories like Wellman's actually require well-ordered states and/or their members to dedicate resources to providing the goods associated with political order to needy outsiders. The implication is that natural-duty approaches weaken the particularity requirement (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  7.  76
    Islamic Law and Legal Positivism.Raja Bahlul - 2016 - Rivista di Filosofia Del Diritto [V, 2/2016, Pp. 245-266] 2 (V):245-266.
    The object of this paper is to elaborate an understanding of Islamic law and legal theory in terms of the conceptual framework provided by Legal Positivism. The study is not based on denying or contesting the claim of Islamic law to being of divine origin; rather, it is based on the historical reality of Islamic law as part of a (once) living legal tradition, with structure, method, and theory, regardless of claims of origin. It will be suggested (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  8.  79
    Another Look at the Legal and Ethical Consequences of Pharmacological Memory Dampening: The Case of Sexual Assault.Jennifer A. Chandler, Alexandra Mogyoros, Tristana Martin Rubio & Eric Racine - 2013 - Journal of Law, Medicine and Ethics 41 (4):859-871.
    Research on the use of propranolol as a pharmacological memory dampening treatment for post-traumatic stress disorder is continuing and justifies a second look at the legal and ethical issues raised in the past. We summarize the general ethical and legal issues raised in the literature so far, and we select two for in-depth reconsideration. We address the concern that a traumatized witness may be less effective in a prosecution emerging from the traumatic event after memory dampening treatment. We (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  9.  81
    The Content-Independence of Political Obligation: What It is and How to Test It.Laura Valentini - 2018 - Legal Theory 24 (2):135-157.
    One of the distinctive features of the obligation to obey the law is its content-independence. We ought to do what the law commands because the law commands it, and not because of the law's content—i.e., the independent merits of the actions it prescribes. Despite its popularity, the notion of content-independence is marked by ambiguity. In this paper, I first clarify what content-independence is. I then develop a simple test—the “content-independence test”—which allows us to establish whether any candidate justification of (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  10. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  11. Good Parents Would Not Fulfil Their Obligation to Genetically Enhance Their Unborn Children.R. Tonkens - 2011 - Journal of Medical Ethics 37 (10):606-610.
    The purpose of this paper is to unveil the incompleteness of John Harris' view that parents have a moral obligation to genetically enhance their unborn children. Specifically, here two main conclusions are proposed: (1) at present there exist insufficient empirical data for determining whether prenatal genetic enhancement (PGE) is a moral obligation on prospective parents. Although the purpose of PGE research would be to determine the extent to which PGE is safe and effective, the task of determining the (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  12. 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   1 citation  
  13. Distributive Justice and Distributed Obligations.A. Edmundson William - 2018 - Journal of Moral Philosophy 15 (1):1-19.
    _ Source: _Page Count 19 Collectivities can have obligations beyond the aggregate of pre-existing obligations of their members. Certain such collective obligations _distribute_, i.e., become members’ obligations to do their fair share. In _incremental good_ cases, i.e., those in which a member’s fair share would go part way toward fulfilling the collectivity’s obligation, each member has an unconditional obligation to contribute.States are involuntary collectivities that bear moral obligations. Certain states, _democratic legal states_, are collectivities whose obligations can (...)
    Download  
     
    Export citation  
     
    Bookmark  
  14.  12
    A Presumptive Right to Exclude: From Imposed Obligations To A Viable Threshold.Benedikt Buechel - 2017 - Global Politics Review 3 (1):98-108.
    In “Immigration, Jurisdiction and Exclusion”, Michael Blake develops a new line of argument to defend a state’s presumptive right to exclude would-be immigrants. His account grounds this right on the state as a legal community that must protect and fulfill human rights. Although Blake’s present argument is valid and attractive in being less arbitrary than national membership and in distinguishing different types of immigrants’ claims, I dismiss it for being unsound due to a lack of further elaboration. The reason (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  15. Erkölcsi igazolás és politikai kötelezettség (Moral justification and political obligation).Attila Tanyi - 2004 - Journal of Legal Theory (Jogelmeleti Szemle) 5 (4).
    The paper focuses on John Rawls’ theory of political obligation. Rawls bases political obligation on our natural duties of justice, which are mediated to us by our sense of justice. Therefore the justification of political obligation also requires moral justification: the justification of the principles of justice. In the paper I first investigate that part of Rawls’ argument that has the role of justification: the method of reflective equilibrium. This method raises several problems, the most severe of (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark   1 citation  
  16.  46
    The Evaluation of Public Health Ethics, Individual, Collective and State with Institutional, Responsibilities and Obligation During COVID-19 Pandemics Through Online Media Reports in Turkey.Sukran Sevimli - 2021 - Eubios Journal of Asian and International Bioethics 31 (2):124-136.
    Aim: The aim of this study is to reveal the convergence of public health ethics, institutional, collective, and individual ethics obligation during the COVID-19 pandemic and give some explanations with online media reports. Method: The study method is qualitative content analysis; this method was chosen as it would suit best the purpose of the study. The Turkish Medical Association, Turkish Public Health Association, and online newspaper articles and videos have been scanned using keywords. After that, related online reports and (...)
    Download  
     
    Export citation  
     
    Bookmark  
  17.  51
    Directed Duty, Practical Intimacy, and Legal Wronging.Abraham Sesshu Roth - forthcoming - In Teresa Marques & Chiara Valentini (eds.), Collective Action, Philosophy, and the Law.
    What is it for a duty or obligation to be directed? Thinking about paradigmatic cases such as the obligations generated by promises will take us only so far in answering this question. This paper starts by surveying several approaches for understanding directed duties, as well as the challenges they face. It turns out that shared agency features something similar to the directedness of duties. This suggests an account of directedness in terms of shared agency – specifically, in terms of (...)
    Download  
     
    Export citation  
     
    Bookmark  
  18. Sprawiedliwość a prawo w nauczaniu Jana Pawła II [Justice and Law in the Teaching of John Paul II].Marek Piechowiak - 2014 - Przegląd Tomistyczny 20:209-237.
    The contribution focuses on philosophical issues of justice of positive law in the light of the social teaching of John Paul II. The analyses start with consideration of anthropological foundations of justice as virtue, develop with the reflexion upon justice of actions realizing justice and finally arrive at examination of the criteria of justice of law. -/- It is argued that relations between a human being and goods (ends of actions) form ontological basis of natural law and justice of actions (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  19. The Social Impact Theory of Law.Keton Joshua - 2015 - Phenomenology and Mind 9:130-137.
    Margaret Gilbert’s work on sociality covers a wide range of topics, and as she puts it “addresses matters of great significance to several philosophical specialties – including ethics, epistemology, political philosophy, philosophy of science, and philosophy of law – and outside philosophy as well” (Gilbert 2013, p. 1). Herein I argue that Mark Greenberg’s recent call to eliminate the problem of legal normativity is well motivated. Further, I argue that Gilbert’s work on joint commitment, and more specifically obligations of (...)
    Download  
     
    Export citation  
     
    Bookmark  
  20. Reconciling the Opposing Effects of Neurobiological Evidence on Criminal Sentencing Judgments.Corey Allen, Karina Vold, Gidon Felson, Jennifer Blumenthal-Barby & Eyal Aharoni - 2019 - PLoS ONE 1:1-17.
    Legal theorists have characterized physical evidence of brain dysfunction as a double-edged sword, wherein the very quality that reduces the defendant’s responsibility for his transgression could simultaneously increase motivations to punish him by virtue of his apparently increased dangerousness. However, empirical evidence of this pattern has been elusive, perhaps owing to a heavy reliance on singular measures that fail to distinguish between plural, often competing internal motivations for punishment. The present study employed a test of the theorized double-edge pattern (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  21. Beyond Paper.David Koepsell & Barry Smith - 2014 - The Monist 97 (2):222–235.
    The authors outline the way in which documents as social objects have evolved from their earliest forms to the electronic documents of the present day. They note that while certain features have remained consistent, processes regarding document authentication are seriously complicated by the easy reproducibility of digital entities. The authors argue that electronic documents also raise significant questions concerning the theory of ‘documentality’ advanced by Maurizio Ferraris, especially given the fact that interactive documents seem to blur the distinctions between the (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  22. “Punishing Violent Thoughts: Islamic Dissent and Thoreauvian Disobedience in Post-9/11 America,”.Rebecca Gould - 2017 - Journal of American Studies:online first.
    American Muslims increasingly negotiate their relation to a government that is suspicious of Islam, yet which is legally obligated to recognize them as rights-bearing citizens. To better understand how the post-9/11 state is reshaping American Islam, I examine the case of Muslim American dissident Tarek Mehanna, sentenced to seventeen years in prison for providing material support for terrorism, on the basis of his controversial words (USA v. Mehanna et al, 2012). I situate Mehanna’s writing and reflections within a long history (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  23. Is There a Duty to Militarily Intervene to Stop a Genocide?Uwe Steinhoff - forthcoming - In Christian Neuhäuser & Christoph Schuck (eds.), Military Interventions: Considerations from Philosophy and Political Science.
    Is there is a moral obligation to militarily intervene in another state to stop a genocide from happening (if this can be done with proportionate force)? My answer is that under exceptional circumstances a state or even a non-state actor might have a duty to stop a genocide (for example if these actors have promised to do so), but under most circumstances there is no such obligation. To wit, “humanity,” states, collectives, and individuals do not have an (...) to make such promises in the first place or to create institutions that would impose a legal obligation of intervention upon them. Nor do states or persons or humanity “collectively” have – originally, without specifically creating such duties by contracts or promises – any pro tanto or special duties to save strangers at considerable cost to themselves or their own citizens (including their soldiers). That is, these costs do not merely override a duty to intervene, but rather there is no such duty to begin with – as shown by the fact that in such cases of non-intervention agents would not owe those they let die any compensation: if I do not save someone’s life because saving him would have cost me my arm or would have come with a high risk of losing my own life or would have forced me to kill innocent bystanders, I do not owe this person compensation. Thus the point of this chapter is that there is no “natural” or “general” or “original” duty to militarily intervene (or to create a legal obligation) to stop a genocide. I will consider and refute a number of arguments to the contrary, for example by Lango, Tan, and Pattison. (shrink)
    Download  
     
    Export citation  
     
    Bookmark  
  24. Transcending National Citizenship or Taming It? Ayelet Shachar’s Birthright Lottery.Duncan Ivison - 2012 - Les ateliers de l'éthique/The Ethics Forum 7 (2):9-17.
    Recent political theory has attempted to unbundle demos and ethnos, and thus citizenship from national identity. There are two possible ways to meet this challenge: by taming the relationship between citizenship and the nation, for example, by defending a form of liberal multicultural nationalism, or by transcending it with a postnational, cosmopolitan conception of citizenship. Both strategies run up against the boundedness of democratic authority. In this paper, I argue that Shachar adresses this issue in an innovative way, but remains (...)
    Download  
     
    Export citation  
     
    Bookmark  
  25. Introduction: Mapping the Terrain.Ishtiyaque Haji & Justin Caouette - 2013 - In Ishtiyaque Haji & Justin Caouette (eds.), Free Will and Moral Responsibility. Cambridge Scholars Press. pp. 1-25.
    Determinism is, roughly, the thesis that facts about the past and the laws of nature entail all truths. A venerable, age-old dilemma concerning responsibility distils to this: if either determinism is true or it is not true, we lack "responsibility-grounding" control. Either determinism is true or it is not true. So, we lack responsibility-grounding control. Deprived of such control, no one is ever morally responsible for anything. A number of the freshly-minted essays in this collection address aspects of this dilemma. (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  26. 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 (...) doctrine of negligence and failing as a revisionary account for the law; overly burdening autonomy and restricting the liberty of thought; adversely affecting the prevention of negligent harm—the essence of the negligence standard—; and, raising severe probative difficulties. Moreover, the duty of care also does not give rise to what I call a de facto duty to try. The duty of care is better construed to require only certain conduct and not trying. Returning to the primary appeal and motivation for exploring the validity of equating the duty of care with a duty to try—searching for the responsibility-component in the negligence standard—I argue that the responsibility-component in negligence does not take the form of an obligation to try but rather has a conditional form, manifested in the conditions of applicability of the negligence standard. In other words, the negligence standard comprises a conduct-based as opposed to a combined action-/intent-based duty (such as a duty to try) as its duty of care, a duty that only applies to actors who possess the capacity to intentionally or knowingly comply with it, or, put differently, possess the capacity to try. (shrink)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  27.  17
    Sľuby a procedúry (The Promises and Procedures).Vladimir Marko - 2019 - Filozofia 74 (9):735-753.
    The work tends to point out the deficiency of some opinions claiming simplified presentation of the promise as the act that directly rise obligation for the promisor. Promises, either in the moral or legal sphere, are based on communication and so form an order of dependent steps that indicates their procedural nature. These characteristics may differ to a lesser extent, depending on the legal systems, moral norms of the society and its technical level and its needs. In (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  28. 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 (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  29. A Fair Play Account of Legitimate Political Authority.Justin Tosi - 2017 - Legal Theory 23 (1):55-67.
    There is an emerging consensus among political philosophers that state legitimacy involves something more than—or perhaps other than—political obligation. Yet the principle of fair play, which many take to be a promising basis for political obligation, has been largely absent from discussions of the revised conception of legitimacy. This paper shows how the principle of fair play can generate legitimate political authority by drawing on a neglected feature of the principle—its stipulation that members of a cooperative scheme must (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  30. An Alternative Proof of the Universal Propensity to Evil.Pablo Muchnik - 2010 - In Sharon Anderson-Gold & Pablo Muchnik (eds.), Kant's Anatomy of Evil. Cambridge University Press.
    In this paper, I develop a quasi-transcendental argument to justify Kant’s infamous claim “man is evil by nature.” The cornerstone of my reconstruction lies in drawing a systematic distinction between the seemingly identical concepts of “evil disposition” (böseGesinnung) and “propensity to evil” (Hang zumBösen). The former, I argue, Kant reserves to describe the fundamental moral outlook of a single individual; the latter, the moral orientation of the whole species. Moreover, the appellative “evil” ranges over two different types of moral failure: (...)
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  31.  90
    Of Layers and Lawyers.Michael Schmitz - 2020 - In Miguel Garcia, Rachael Mellin & Raimo Tuomela (eds.), Social Ontology, Normativity and Philosophy of Law. Berlin: De Gruyter. pp. 221-240.
    How can the law be characterized in a theory of collective intentionality that treats collective intentionality as essentially layered and tries to understand these layers in terms of the structure and the format of the representations involved? And can such a theory of collective intentionality open up new perspectives on the law and shed new light on traditional questions of legal philosophy? As a philosopher of collective intentionality who is new to legal philosophy, I want to begin exploring (...)
    Download  
     
    Export citation  
     
    Bookmark  
  32.  54
    Granting Automata Human Rights: Challenge to a Basis of Full-Rights Privilege.Lantz Fleming Miller - 2015 - Human Rights Review 16 (4):369-391.
    As engineers propose constructing humanlike automata, the question arises as to whether such machines merit human rights. The issue warrants serious and rigorous examination, although it has not yet cohered into a conversation. To put it into a sure direction, this paper proposes phrasing it in terms of whether humans are morally obligated to extend to maximally humanlike automata full human rights, or those set forth in common international rights documents. This paper’s approach is to consider the ontology of humans (...)
    Download  
     
    Export citation  
     
    Bookmark   9 citations  
  33. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  34. Uzasadnienie Sprzeciwu Sumienia: Lekarze, Poborowi I Żołnierze.Tomasz Żuradzki - 2016 - Diametros 47:98-128.
    I will argue that physicians have an ethical obligation to justify their conscientious objection and the most reliable interpretation of the Polish legal framework claims that conscientious objection is permissible only when the justification shows the genuineness of the judgment of conscience that is not based on false beliefs and arises from a moral norm that has a high rank. I will demonstrate that the dogma accepted in the Polish doctrine that the reasons that lie behind conscientious objection (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  35. 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 two (...)
    Download  
     
    Export citation  
     
    Bookmark   11 citations  
  36. The Binding Force of Nascent Norms of International Law.Anthony R. Reeves - 2014 - Canadian Journal of Law and Jurisprudence 28 (1):145-166.
    Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is (...)
    Download  
     
    Export citation  
     
    Bookmark  
  37. Unjust War and a Soldier's Moral Dilemma.Jeff Montrose - 2013 - Journal of Military Ethics 12 (4):325-340.
    This paper explores the central question of why soldiers in democratic societies might decide to fight in wars that they may have reason to believe are objectively or questionably unjust. First, I provide a framework for understanding the dilemma caused by an unjust war and a soldier's competing moral obligations; namely, the obligations to self and state. Next, I address a few traditional key thoughts concerning soldiers and jus ad bellum. This is followed by an exploration of the unique and (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  38. An Essay on Material Necessity.Barry Smith - 1992 - Canadian Journal of Philosophy (sup1):301-322.
    Where Humeans rule out the possibility of material or non-logical necessity, and thus of any associated knowledge a priori, the German legal philosopher Adolf Reinach defends the existence of a wide class of material necessities falling within the domain of what can be known a priori, for example in fields such as color and shape, rational psychology, law and economics. Categories such as promise or claim or obligation are, in Reinach’s view, exist as nodes in a system of (...)
    Download  
     
    Export citation  
     
    Bookmark   9 citations  
  39. Doctors with Borders? An Authority-Based Approach to the Brain Drain.Alfonso Donoso & Alejandra Mancilla - 2017 - South African Journal of Philosophy 36 (1):69-77.
    According to the brain drain argument, there are good reasons for states to limit the exit of their skilled workers (more specifically, healthcare workers), because of the negative impacts this type of migration has for other members of the community from which they migrate. Some theorists criticise this argument as illiberal, while others support it and ground a duty to stay of the skilled workers on rather vague concepts like patriotic virtue, or the legitimate expectations of their state and co-citizens. (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  40. Politiques d'irrégularisation par le travail: le cas de la France.Speranta Dumitru & Caroline Caplan - 2017 - In Cohérence et incohérence dans la géstion des migrations et de l'intégration. Montreal: Éditions Thémis. pp. 267-289.
    Dans l’opinion publique, la migration « irrégulière » est associée à l’entrée et au séjour non autorisés. Un nombre croissant d’études indiquent toutefois qu’elle résulte de la production de catégories légales de séjour autorisé. Le présent chapitre enrichit cette littérature, en montrant comment la construction de la catégorie légale de travail autorisé est productrice d’immigration « irrégulière ». En effet, la multiplication des conditions d’accès à l’autorisation de travail a pour effet de priver de droit au séjour des personnes autrement (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  41. Norm Performatives and Deontic Logic.Rosja Mastop - 2011 - European Journal of Analytic Philosophy 7 (2):83-105.
    Deontic logic is standardly conceived as the logic of true statements about the existence of obligations and permissions. In his last writings on the subject, G. H. von Wright criticized this view of deontic logic, stressing the rationality of norm imposition as the proper foundation of deontic logic. The present paper is an attempt to advance such an account of deontic logic using the formal apparatus of update semantics and dynamic logic. That is, we first define norm systems and a (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  42. Enforcing the Global Economic Order, Violating the Rights of the Poor, and Breaching Negative Duties? Pogge, Collective Agency, and Global Poverty.Bill Wringe - 2018 - Journal of Social Philosophy 49 (2):334-370.
    Thomas Pogge has argued, famously, that ‘we’ are violating the rights of the global poor insofar as we uphold an unjust international order which provides a legal and economic framework within which individuals and groups can and do deprive such individuals of their lives, liberty and property. I argue here that Pogge’s claim that we are violating a negative duty can only be made good on the basis of a substantive theory of collective action; and that it can only (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  43. A Complainant-Oriented Approach to Unconscionability and Contract Law.Nicolas Cornell - 2016 - University of Pennsylvania Law Review 164:1131-1175.
    This Article draws attention to a conceptual point that has been overlooked in recent discussions about the theoretical foundations of contract law. I argue that, rather than enforcing the obligations of promises, contract law concerns complaints against promissory wrongs. This conceptual distinction is easy to miss. If one assumes that complaints arise whenever an obligation has been violated, then the distinction does not seem meaningful. I show, however, that an obligation can be breached without giving rise to a (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  44.  84
    Cruelty in Criminal Law: Four Conceptions.Paulo Barrozo - 2015 - Criminal Law Bulletin 51 (5):67.
    This Article defines four distinct conceptions of cruelty found in underdeveloped form in domestic and international criminal law sources. The definition is analytical, focusing on the types of agency, victimization, causality, and values in each conception of cruelty. But no definition of cruelty will do justice to its object until complemented by the kind of understanding practical reason provides of the implications of the phenomenon of cruelty. -/- No one should be neutral in relation to cruelty. Eminently, cruelty in criminal (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  45. Assessing Law's Claim to Authority.Bas van der Vossen - 2011 - Oxford Journal of Legal Studies 31 (3):481-501.
    The idea that law claims authority (LCA) has recently been forcefully criticized by a number of authors. These authors present a new and intriguing objection, arguing that law cannot be said to claim authority if such a claim is not justified. That is, these authors argue that the view that law does not have authority viciously conflicts with the view that law claims authority. I will call this the normative critique of LCA. In this article, I assess the normative critique (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  46. The Moral Authority of International Law.Anthony Reeves - 2010 - APA Newsletter on Philosophy and Law 10 (1):13-18.
    How should international law figure into the practical reasoning of agents who fall under its jurisdiction? How should the existence of an international legal norm regulating some activity affect a subject’s decision-making about that activity? This is a question concerning the general moral authority of international law. It concerns not simply the kind of authority international law claims, but the character of the authority it actually has. An authority, as I will use the term, is moral obligation producing: (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark   1 citation  
  47. 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   2 citations  
  48. Transcending Equality Versus Adequacy.Joshua Weishart - 2014 - Stanford Law Review 66 (3):477.
    A debate about whether all children are entitled to an “equal” or an “adequate” education has been waged at the forefront of school finance policy for decades. In an era of budget deficits and harsh cuts in public education, I submit that it is time to move on. Equality of educational opportunity has been thought to require equal spending per pupil or spending adjusted to the needs of differently situated children. Adequacy has been understood as a level of spending sufficient (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  49. 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 (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark   1 citation  
  50. 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 law), (...)
    Download  
     
    Export citation  
     
    Bookmark  
1 — 50 / 999