Results for 'legal statements'

985 found
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  1. Hybrid Theory of Legal Statements and Disagreement on the Content of Law.M. Wieczorkowski - manuscript
    Disagreement is a pervasive feature of human discourse and a crucial force in shaping our social reality. From mundane squabbles about matters of taste to high-stakes disputes about law and public policy, the way we express and navigate disagreement plays a central role in both our personal and political lives. Legal discourse, in particular, is rife with disagreement - it is the very bread and butter of courtroom argument and legal scholarship alike. Consider a debate between two (...) philosophers, Ronald and Herbert, about the Eighth Amendment of the U.S. Constitution, which prohibits ‘cruel and unusual punishment’. Ronald asserts: ‘It is the law that capital punishment is prohibited’. In response, Herbert states: ‘It is not the law that capital punishment is prohibited’. We intuitively think Ronald and Herbert are disagreeing, which reveals in the fact that they are licensed to use ex¬pressions like no (it isn’t) and nuh-uh when responding to their opponent’s claim. But despite the ubiquity and significance of legal disagreement, its precise nature remains elusive. This chapter discusses what exactly is going on when two people disagree about what the law requires, and how can hybrid theory may answer this question. (shrink)
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  2. Towards a Hybrid Theory of Legal Statements.Michał Wieczorkowski - manuscript
    This paper advances a novel hybrid theory addressing a fundamental puzzle in legal philosophy: how legal statements can simultaneously have both cognitive and practical features. Drawing on contemporary developments in metaethics and philosophy of language, we argue that legal statements express both beliefs and desire-like attitudes. My analysis yields three key findings. First, I demonstrate that within any given legal system, the descriptive content of legal statements remains invariant across different contexts of (...)
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  3. Identification of Legal Content, Legal Nihilism and Propriety of Methods of Interpretation.Michał Wieczorkowski - manuscript
    How do we ensure agents formulating legal statements are not systematically in error? In this paper I assume that the success of legal statements follows from the fact that propositions expressed by legal statements adequately represent legal reality. I argue that the content of legal statements hinges implicetly on the sources of law and methods in which we attribute meaning to these sources. In this regard, I identify the primary obstacle to (...)
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  4. Quasi-Expressivism about Statements of Law: A Hartian Theory.Stephen Finlay & David Plunkett - 2018 - In John Gardner, Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law Volume 3. Oxford University Press. pp. 49-86.
    Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral (...)
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  5. Legal Punishment.Thaddeus Metz - 2004 - In Christopher Roederer & Darrel Moellendorf (eds.), Jurisprudence. Lansdowne [South Africa]: Kluwer Academic Publishers. pp. 555-87.
    We seek to outline philosophical answers to the questions of why punish, whom to punish and how much to punish, with illustrations from the South African legal system. We begin by examining the differences between forward- and backward-looking moral theories of legal punishment, their strengths and also their weaknesses. Then, we ascertain to which theory, if any, contemporary South Africa largely conforms. Finally, we discuss several matters of controversy in South Africa in the context of forward- and backward-looking (...)
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  6. What is the Incoherence Objection to Legal Entrapment?Daniel J. Hill, Stephen K. McLeod & Attila Tanyi - 2022 - Journal of Ethics and Social Philosophy 22 (1):47-73.
    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 (...)
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  7. The Confirmation of Singular Causal Statements by Carnap’s Inductive Logic.Yusuke Kaneko - 2012 - Logica Year Book 2011.
    The aim of this paper is to apply inductive logic to the field that, presumably, Carnap never expected: legal causation. Legal causation is expressible in the form of singular causal statements; but it is distinguished from the customary concept of scientific causation, because it is subjective. We try to express this subjectivity within the system of inductive logic. Further, by semantic complement, we compensate a defect found in our application, to be concrete, the impossibility of two-place predicates (...)
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  8. Significance Tests, Belief Calculi, and Burden of Proof in Legal and Scientific Discourse.Julio Michael Stern - 2003 - Frontiers in Artificial Intelligence and Applications 101:139-147.
    We review the definition of the Full Bayesian Significance Test (FBST), and summarize its main statistical and epistemological characteristics. We review also the Abstract Belief Calculus (ABC) of Darwiche and Ginsberg, and use it to analyze the FBST’s value of evidence. This analysis helps us understand the FBST properties and interpretation. The definition of value of evidence against a sharp hypothesis, in the FBST setup, was motivated by applications of Bayesian statistical reasoning to legal matters where the sharp hypotheses (...)
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  9. What the Epistemic Account of Vagueness Means for Legal Interpretation.Luke William Hunt - 2016 - Law and Philosophy 35 (1):29-54.
    This paper explores what the epistemic account of vagueness means for theories of legal interpretation. The thesis of epistemicism is that vague statements are true or false even though it is impossible to know which. I argue that if epistemicism is accepted within the domain of the law, then the following three conditions must be satisfied: Interpretative reasoning within the law must adhere to the principle of bivalence and the law of excluded middle, interpretative reasoning within the law (...)
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  10. A Critique of Critical Legal Studies' Claim of Legal Indeterminacy.Ian Benitez - 2015 - Lambert Academic Publishing.
    This paper challenges the Critical Legal Studies (CLS) claims of legal indeterminacy. It shall use a legal formalist logic and language as its main assertion, further maintaining that the CLS claims is only grounded in ambiguity and confusion. CLS is a legal theory that challenges and overturns accepted norms and standards in legal theory and practice. They maintained that law in the historical and contemporary society has an alleged impartiality, and it is used as a (...)
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  11. Is an Orderly Transfer of Responsibility Legal News for Ireland?Kirk W. Junker - 2001 - Juris (Winter):24-31.
    "[A]n orderly transfer of responsibility back to Britain, which has exclusively governed Northern Ireland for most of the past three violent decades" is a phrase that ended a recent world news brief in a Pittsburgh newspaper. To the uninitiated, this may look like the same old Ireland; in fact, it may not even look like news. Certainly, it is not quick change [...]. But if we unpack this simple statement, we find that there is much that is new here, and (...)
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  12. Hybrid Dispositionalism and the Law.Teresa Marques - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press.
    Dworkin’s famous argument from legal disagreements poses a problem for legal positivism by undermining the idea that the law can be (just) the result of the practice and attitudes of norm-applying officials. In recent work, the chapter author argued that a hybrid contextualist theory paired with a dispositional theory of value—a hybrid dispositionalism, for short—offers the resources to respond to similar disagreement- based arguments in other evaluative and normative domains. This chapter claims that the theory the author advocates (...)
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  13. Evil Law as the Pure Law: Critical Remarks on the Philosophy of Law of H.L.A. Hart.Andrei Nekhaev - 2019 - Tomsk State University Journal 20 (440):72–80.
    The article examines the issue of a necessary connection between the phenomena of law and morality. According to legal positiv- ism, morality is not a criterion of the legitimacy for legal norms. The law can have any content including absolutely immoral (the so-called “separability thesis”). Law issues are not connected with discussing the moral merits of a possible judicial decision. They are only closely related to studying various purely legal phenomena like precedents, judicial discretion, legislatures, etc. The (...)
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  14. Statutory Interpretation: Pragmatics and Argumentation.Douglas Walton, Fabrizio Macagno & Giovanni Sartor - 2021 - Cambridge: Cambridge University Press.
    Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing (...)
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  15. The Internal Point of View.Jeffrey Kaplan - 2023 - Law and Philosophy 42 (3):211-236.
    The most discussed theory of law of the twentieth century – HLA Hart’s theory from _The Concept of Law_ – is fundamentally _psychological_. It explains the existence of legal systems in terms of an attitude taken by legal officials: the internal point of view. Though much has been said about this attitude (what statements _express_ it, what it is _not_, how Hart _ought_ to have conceived of it, etc.), we nonetheless lack an adequate account of the attitude (...)
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  16. Logical Semantics and Norms: A Kantian Perspective.Sérgio Mascarenhas - 2017 - Phenomenology and Mind (13):150-157.
    It’s widely accepted that normativity is not subject to truth values. The underlying reasoning is that truth values can only be predicated of descriptive statements; normative statements are prescriptive, not descriptive; thus truth value predicates cannot be assigned to normative statements. Hence, deonticity lacks logical semantics. This semantic monism has been challenged over the last decades from a series of perspectives that open the way for legal logics with imperative semantics. In the present paper I will (...)
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  17. Relativism, Reflective Equilibrium, and Justice.Schwartz Justin - 1997 - Legal Studies 17:128-68.
    THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS. -/- The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view (...)
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  18. What Marriage Law Can Learn from Citizenship Law.Govind Persad - 2013 - Tul. Jl and Sexuality 22:103.
    Citizenship and marriage are legal statuses that generate numerous privileges and responsibilities. Legal doctrine and argument have analogized these statuses in passing: consider, for example, Ted Olson’s statement in the Hollingsworth v. Perry oral argument that denying the label “marriage” to gay unions “is like you were to say you can vote, you can travel, but you may not be a citizen.” However, the parallel between citizenship and marriage has rarely been investigated in depth. This paper investigates the (...)
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  19. A Hippocratic Oath for mathematicians? Mapping the landscape of ethics in mathematics.Dennis Müller, Maurice Chiodo & James Franklin - 2022 - Science and Engineering Ethics 28 (5):1-30.
    While the consequences of mathematically-based software, algorithms and strategies have become ever wider and better appreciated, ethical reflection on mathematics has remained primitive. We review the somewhat disconnected suggestions of commentators in recent decades with a view to piecing together a coherent approach to ethics in mathematics. Calls for a Hippocratic Oath for mathematicians are examined and it is concluded that while lessons can be learned from the medical profession, the relation of mathematicians to those affected by their work is (...)
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  20. The pragmatist school in analytic jurisprudence.Raff Donelson - 2021 - Philosophical Issues 31 (1):66-84.
    Almost twenty years ago, a genuinely new school of thought emerged in the field of jurisprudential methodology. It is a pragmatist school. Roughly, the pragmatists contend that, when inquiring about the nature of law, we should evaluate potential answers based on practical criteria. For many legal philosophers, this contention seems both unclear and unhinged. That appearance is lamentable. The pragmatist approach to jurisprudential methodology has received insufficient attention for at least two reasons. First, the pragmatists do not conceive of (...)
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  21. Negative governmentality through fundamental rights: The far side of the European Convention on Human Rights.Muhammad Ali Nasir - 2018 - European Law Journal 4 (24):297-320.
    This essay analyses those statements that mention legal norms in negative terms. Specifically, it analyses those statements that define a legal system by mentioning how legal protection does not work and where legal protection ends, and those statements that identify what rights‐holders do not have to with their legally protected free capacities. This essay argues that these statements address a systemic question. It calls such a dynamic as negative governmentality. The argument proceeds (...)
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  22. Interpreting Straw Man Argumentation.Fabrizio Macagno & Douglas Walton - 2017 - Amsterdam: Springer.
    This book shows how research in linguistic pragmatics, philosophy of language, and rhetoric can be connected through argumentation to analyze a recognizably common strategy used in political and everyday conversation, namely the distortion of another’s words in an argumentative exchange. Straw man argumentation refers to the modification of a position by misquoting, misreporting or wrenching the original speaker’s statements from their context in order to attack them more easily or more effectively. Through 63 examples taken from different contexts (including (...)
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  23. The First Amendment in Education: May Faculty at Public Schools Be Disciplined for Political Hate Speech?Ken Levy - 2024 - William and Mary Bill of Rights Journal 33 (1):169-207.
    At a House hearing on December 5, 2023, the presidents of three universities—Harvard, MIT, and the University of Pennsylvania—refused to state that certain kinds of hate speech, specifically calls for genocide of Jews, are prohibited on their campuses. The backlash against two of them, Harvard’s Claudine Gay and Penn’s Liz Magill, was swift and devastating; both of them were successfully pressured to resign. Still, while Professors Gay’s and Magill’s responses were widely criticized as tone-deaf, they were legally correct. At many (...)
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  24. Expressivism and Varieties of Normativity.Daniel Wodak - 2017 - Oxford Studies in Metaethics 12:265-293.
    The expressivist advances a view about how we explain the meaning of a fragment of language, such as claims about what we morally ought to do. Critics evaluate expressivism on those terms. This is a serious mistake. We don’t just use that fragment of language in isolation. We make claims about what we morally, legally, rationally, and prudentially ought to do. To account for this linguistic phenomenon, the expressivist owes us an account not just of each fragment of language, but (...)
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  25. 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 (...)
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  26. Towards Pedagogy supporting Ethics in Analysis.Marie Oldfield - 2022 - Journal of Humanistic Mathematics 12 (2).
    Over the past few years we have seen an increasing number of legal proceedings related to inappropriately implemented technology. At the same time career paths have diverged from the foundation of statistics out to Data Scientist, Machine Learning and AI. All of these new branches being fundamentally branches of statistics and mathematics. This has meant that formal training has struggled to keep up with what is required in the plethora of new roles. Mathematics as a taught subject is still (...)
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  27. Retributivism revisited.Nathan Hanna - 2014 - Philosophical Studies 167 (2):473-484.
    I’ll raise a problem for Retributivism, the view that legal punishment is justified on the basis of desert. I’ll focus primarily on Mitchell Berman’s recent defense of the view. He gives one of the most sophisticated and careful statements of it. And his argument is representative, so the problem I’ll raise for it will apply to other versions of Retributivism. His insights about justification also help to make the problem particularly obvious. I’ll also show how the problem extends (...)
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  28. Behemoth'and Hobbes's" science of just and unjust.Patricia Springborg - 2003 - Filozofski Vestnik 24 (2):267-289.
    This essay advances the following set of arguments: First, that we must take seriously Hobbes's claim in Behemoth that "the science of just & unjust" is a demonstrable science, accessible to those of even the meanest capacity. Second, that Leviathan is the work in which this science, intended as a serious project in civic education, is set out. Third, that Hobbes is prepared to accept, like Plato & Aristotle, "giving to each his own," as a preliminary definition of justice, from (...)
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  29. Userization.Andrej Poleev - 2012 - Enzymes 10.
    100 years after creating the Federal Reserve System (FED), whose legality and modus operandi remains questionable, there is time to rethink the national and also international payment system as a whole. The key element of existing economic relationships is the money that makes barter-free exchange possible. But monetary economics is only one aspect of more common political framework designed and established for retention of power. Such egoistic political interest proves its own relevancy and exerts ideological pressure on economic thought that (...)
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  30. Chapter 2 Identifying Policy Problems.Douglas MacKay - manuscript
    Policy analyses begin with a systematic overview of the policy problem they address. This includes a comprehensive discussion of the nature and context of the problem, and the institutional and behavioral factors responsible for its emergence. Problem statements must also explain why the status quo is bad or undesirable, why it is something that governments, rather than private actors, should address, and establish that the relevant government institutions have the legitimacy to intervene. In this chapter, I provide an overview (...)
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  31. The Metamorphoses of Natural Law: On the Social Function of the Pre-Bourgeois and Bourgeois Foundations of Law.Stefan Breuer - 1986 - Telos: Critical Theory of the Contemporary 1986 (70):94-114.
    “De jure naturae multa fabulamur” — after 450 years, Luther's statement has lost none of its original validity. After a brief pseudo-renaissance following WWII, one now hears far less in legal theory about natural law, which appears finally to have fallen victim to what Weber early in the century characterized as “a progressive decomposition and relativization of all meta-legal axioms” — a destruction resulting partly “from legal rationalism itself,” and partly “from the skepticism which characterizes modern intellectual (...)
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  32. Environmental and Biosafety Research Ethics Committees: Guidelines and Principles for Ethics Reviewers in the South African Context.Maricel Van Rooyen - 2021 - Dissertation, Stellenbosch University
    Over the last two decades, there was an upsurge of research and innovation in biotechnology and related fields, leading to exciting new discoveries in areas such as the engineering of biological processes, gene editing, stem cell research, CRISPR-Cas9 technology, Synthetic Biology, recombinant DNA, LMOs and GMOs, to mention only a few. At the same time, these advances generated concerns about biosafety, biosecurity and adverse impacts on biodiversity and the environment, leading to the establishment of Research Ethics Committees (RECs) at Higher (...)
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  33. The Panopticon Factor: Privacy and Surveillance in the Digital Age.Jordanco Sekulovski - 2016 - Project Innovative Ethics 1 (9).
    This paper questions the use of new technologies as tools of modern surveillance in order to: (a) advance the research done by Michel Foucault on panoptic techniques of surveillance and dominance; and (b) give new insights on the way we use these new surveillance technologies in violation of democratic principles and legal norms. Furthermore, it questions Foucault’s statements on the expansion of Bentham’s Panopticon scheme as a universal model of modern-day democratic institutions. Therefore the purpose of this paper (...)
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  34. Towards a response to epistemic nihilism.Jake Wright - 2021 - In Alison MacKenzie, Jennifer Rose & Ibrar Bhatt (eds.), The Epistemology of Deceit in the Postdigital Era: Dupery by Design. Springer. pp. 39-59.
    This chapter develops an account of epistemic nihilism—roughly, the rejection of truth’s intrinsic or instrumental value in favor of statements that reject or obscure truth to secure an advantage for the speaker—by examining three instances of such nihilism: lying, bullshit, and trolling. It further argues that epistemic nihilism, exacerbated by changes in the media landscape, can pose a significant threat to liberal democratic institutions and ideals by undermining the democratic ideal of good faith engagement on a level playing field, (...)
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  35. Making Causal Counterfactuals More Singular, and More Appropriate for Use in Law.Geert Keil - 2013 - In Benedikt Kahmen Markus Stepanians (ed.), Causation and Responsibility: Critical Essays. pp. 157-189.
    Unlike any other monograph on legal liability, Michael S. Moore’s book CAUSATION AND RESPONSIBILITY contains a well-informed and in-depth discussion of the metaphysics of causation. Moore does not share the widespread view that legal scholars should not enter into metaphysical debates about causation. He shows respect for the subtleties of philosophical debates on causal relata, identity conditions for events, the ontological distinctions between events, states of affairs, facts and tropes, and the counterfactual analysis of event causation, and he (...)
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  36. Law and the Rights of the Non-Humans.Deepa Kansra - 2022 - Iils Law Review 8 (2):58-71.
    The law confers rights on non-human entities, namely nature, machines (AI), and animals. While doing so, the law is either viewed as progressive or sometimes as abstract and ambiguous. Despite the critique, it is undeniable that many of the rights of non-humans have come to solidify in statutory and constitutional rules of different systems. In the context of these developments, the article sheds light on the core justifications for advancing the rights of non-human entities. In addition, it discusses the conditions (...)
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  37. Kuznetsov V. From studying theoretical physics to philosophical modeling scientific theories: Under influence of Pavel Kopnin and his school.Volodymyr Kuznetsov - 2017 - ФІЛОСОФСЬКІ ДІАЛОГИ’2016 ІСТОРІЯ ТА СУЧАСНІСТЬ У НАУКОВИХ РОЗМИСЛАХ ІНСТИТУТУ ФІЛОСОФІЇ 11:62-92.
    The paper explicates the stages of the author’s philosophical evolution in the light of Kopnin’s ideas and heritage. Starting from Kopnin’s understanding of dialectical materialism, the author has stated that category transformations of physics has opened from conceptualization of immutability to mutability and then to interaction, evolvement and emergence. He has connected the problem of physical cognition universals with an elaboration of the specific system of tools and methods of identifying, individuating and distinguishing objects from a scientific theory domain. The (...)
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  38. 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 (...)
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  39. Catholic Unity on Brain Death and Organ Donation.David Tomasi - 2024 - A Call to Action 1:1-16.
    Authors: Joseph M. Eble, John A. Di Camillo, Peter J. Colosi. --- NEWS RELEASE For Immediate Release February 27, 2024 Contact: Joseph M. Eble, MD Corresponding author 919-667-5206 -/- The statement, Catholics United on Brain Death and Organ Donation: A Call to Action (HTML), was published on February 27, 2024. It was prepared by Joseph Eble, a physician and President of the Tulsa Guild of the Catholic Medical Association; John Di Camillo, an ethicist of The National Catholic Bioethics Center; and (...)
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  40.  37
    I am Me not Someone Else: A Philosophical Outlook into Personal Identity.Renella Jane Rubio - manuscript
    I am Me and not someone else. This might just be a spur of the moment type of statement; however, it weighs more than it seems. Moreover, it delves into an individual’s understanding of the self-amidst different factors revolving one’s identity. Personal identity can be deemed as a puzzle of distinct characteristics, experiences, understanding, and values in which when put together define who a person is. It involves different aspects in life such as self-perception, cultural background, beliefs, traditions, and even (...)
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  41. Speaker Meaning and the Interpretation and Construction of Executive Orders.Harold Anthony Lloyd - 2018 - Wake Forest Journal of Law and Policy 8 (2):319-361.
    This Article explores the interpretation and construction of executive orders using as examples President Trump’s two executive orders captioned “Protecting the Nation From Foreign Terrorist Entry Into the United States” (the “Two Executive Orders”). President Trump issued the Two Executive Orders in the context of (among other things) Candidate Trump’s statements such as: “Islam hates us,” and “[W]e can’t allow people coming into this country who have this hatred.” President Trump subsequently provided further context including his tweet about the (...)
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  42. The Opaqueness of Rules.Binesh Hass - 2021 - Oxford Journal of Legal Studies 41 (2):407-430.
    This article takes up the question of whether legal rules are reasons for action. They are commonly regarded in this way, yet are legal rules reasons for action themselves (the reflexivity thesis) or are they instead merely statements of other reasons that we may already have (the paraphrastic thesis)? I argue for a version of the paraphrastic thesis. In doing so, considerable attention is given to the neglected but important puzzle of the opaqueness of rules, which arises (...)
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  43. Morality is neither an external object nor a personal preference, it's a simplifying framework.Uri Harris - manuscript
    The central question in meta-ethics, and arguably all of ethics, is the question of what moral statements refer to. Several candidates have been proposed, including Platonic objects, natural objects, commands, and personal preferences. The answer, I suggest, is that it is none of these. Rather, morality is a framework. We see this by looking at common moral terms: ‘right’ and ‘wrong’, ‘justice’, ‘guilt’, ‘responsibility’, ‘blame’, and ‘rights’. These terms all have something in common: they are legal terms. Since (...)
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  44. O Lugar Da Mulher Na Antropologia Pragmática De Kant: Série 2.Ilze Zirbel - 2011 - Kant E-Prints 6:50-68.
    This work seeks to understand some of the statements of Immanuel Kant on the nature of women and the feminine in his writings in anthropology from a pragmatic point of view. In dealing with the character of sex, Kant presents what, in contemporary language, is called "gender differences" (between men and women, male and female) and develops his main argument for the belief in women's "natural weakness": the preservation of the species. To introduce the theme of gender difference, Kant (...)
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  45. Justice Scalia and Queen Anne.Harold Anthony Lloyd - 2015 - Huffington Post.
    This article explores problems with several definitions of Originalism proposed by Justice Scalia in "Reading Law: The Interpretation of Legal Texts." It begins by looking at Justice Scalia's citation of a possible statement by Queen Anne that Justice Scalia claims in itself justifies Originalism. Queen Anne may have told Sir Christopher Wren that St. Paul's Cathedral was "awful, artificial, and amusing" at a time when those words meant "awe-inspiring, highly artistic, and thought-provoking." Conceding that one must understand how Queen (...)
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  46. Speaking for Others from the Bench.Wendy Salkin - 2023 - Legal Theory 29 (2):151-184.
    In this article, I introduce and examine the novel concept of bench representation. Jurists and scholars have extensively examined whether judges are or ought to be considered symbolic representatives of abstract concepts (for instance, the law, equality, or justice), representatives of society as a whole, or descriptive representatives of the social groups from which they hail. However, little attention has been paid to the question whether judges act as representatives for the parties before them through their everyday work on the (...)
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  47. Human Reproductive Cloning: Science, Jewish Law and Metaphysics.Barbara Pfeffer Billauer - forthcoming - ssrn.com.
    Abstract: Under traditional Jewish Law (halacha), assessment of human reproductive cloning (HRC) has been formulated along four lines of inquiry, which I discussed in Part I of this paper. Therein I also analyze five relevant doctrines of Talmudic Law, concluding that under with a risk-benefit analysis HRC fails to fulfill the obligation ‘to be fruitful and multiply’ and should be strictly prohibited. Here, I review of the topic from an exigetical Biblical and Kabbalistic perspective, beginning with exploring comments of the (...)
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  48. The murder trial of R v Vincent Tabak [2011].Sally S. Ramage - manuscript
    The trial took place at Bristol Crown Court, England, United Kingdom for the murder of Joanna Yeates, and Dr Vincent Tabak was the Defendant. The author attended at court for this trial and this paper notes many of the obvious and unsatisfactory legal and procedural points in this trial. Dr Vincent Tabak was convicted of the murder at this trial. Of course the jury were not to know the finer points of law as the lower court judge did not (...)
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  49. Aristotle, law, and contemporary jurisprudence (Review of Duke, Aristotle and Law: The Politics of Nomos). [REVIEW]Thornton Lockwood - 2023 - Metascience 32 (1):137-39.
    “The law is reason free from passion.” Thus spoke Harvard Law School Professor Stromwell in the 2001 film Legally Blonde, quoting Aristotle in his Politics (Pol 3.16.1287a33, in Ross 1957). Although a single shout-out to Aristotle in a popular film does not prove a resurgence of neo-Aristotelian jurisprudence in the academy, it does illustrate the pitfalls we face in a culture that traffics in meme quotations risibly attributed to great minds. Thus, George Duke is to be commended for showing why, (...)
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  50. “The Authority to Interpret, the Purpose of Universities, and the Giving of Awards, Honors, or Platforms by Catholic Universities: Some Thoughts on ‘Catholics in Political Life’,”.Michael Baur - 2011 - Journal of Catholic Legal Studies 49:101-120.
    With its June 2004 statement Catholics in Political Life, the United States Conference of Catholic Bishops opened an important and far-reaching discussion about how Catholic individuals ought to comport themselves in political life, and-indirectly-about how Catholic institutions-including Catholic law schools-ought to decide whether or not to give awards, honors, or platforms to those whose views about key moral and political issues may differ from the views expressed in the teachings of the Catholic Church. On the basis of a simple and (...)
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