Results for 'nature of law'

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  1. Autonomous Weapons and the Nature of Law and Morality: How Rule-of-Law-Values Require Automation of the Rule of Law.Duncan MacIntosh - 2016 - Temple International and Comparative Law Journal 30 (1):99-117.
    While Autonomous Weapons Systems have obvious military advantages, there are prima facie moral objections to using them. By way of general reply to these objections, I point out similarities between the structure of law and morality on the one hand and of automata on the other. I argue that these, plus the fact that automata can be designed to lack the biases and other failings of humans, require us to automate the formulation, administration, and enforcement of law as much as (...)
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  2. Concepts of Law of Nature.Brendan Shea - 2011 - Dissertation, University of Illinois
    Over the past 50 years, there has been a great deal of philosophical interest in laws of nature, perhaps because of the essential role that laws play in the formulation of, and proposed solutions to, a number of perennial philosophical problems. For example, many have thought that a satisfactory account of laws could be used to resolve thorny issues concerning explanation, causation, free-will, probability, and counterfactual truth. Moreover, interest in laws of nature is not constrained to metaphysics or (...)
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  3. Review of Law's Rule: the Nature, Value, and Viability of the Rule of Law.Brad Hooker - 2023 - Notre Dame Philosophical Reviews.
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  4. Kant's Necessitation Account of Laws and the Nature of Natures.James Messina - 2017 - In Michela Massimi & Angela Breitenbach (eds.), Kant and the Laws of Nature. New York: Cambridge University Press.
    I elaborate and defend a "necessitarian" interpretation of Kant's account of laws.
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  5. Two Concepts of Law of Nature.Brendan Shea - 2013 - Prolegomena 12 (2):413-442.
    I argue that there are at least two concepts of law of nature worthy of philosophical interest: strong law and weak law. Strong laws are the laws investigated by fundamental physics, while weak laws feature prominently in the “special sciences” and in a variety of non-scientific contexts. In the first section, I clarify my methodology, which has to do with arguing about concepts. In the next section, I offer a detailed description of strong laws, which I claim satisfy four (...)
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  6. Let’s Skill All the Lawyers: Shakespearean Lessons on the Nature of Law.Harold Lloyd - 2010 - Vera Lex 11 (1/2):38-80.
    Shakespeare's works present intriguing explorations of law and legal theory. They help demonstrate the flaws in command-theory positivism, natural law theory and prediction theory accounts of the law. This is a simultaneously-published abbreviated version of a longer article published in Acta Iuridica Olomucensia in 2010.
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  7. The Past Hypothesis and the Nature of Physical Laws.Eddy Keming Chen - 2023 - In Barry Loewer, Brad Weslake & Eric B. Winsberg (eds.), The Probability Map of the Universe: Essays on David Albert’s _time and Chance_. Cambridge MA: Harvard University Press. pp. 204-248.
    If the Past Hypothesis underlies the arrows of time, what is the status of the Past Hypothesis? In this paper, I examine the role of the Past Hypothesis in the Boltzmannian account and defend the view that the Past Hypothesis is a candidate fundamental law of nature. Such a view is known to be compatible with Humeanism about laws, but as I argue it is also supported by a minimal non-Humean "governing'' view. Some worries arise from the non-dynamical and (...)
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  8. Naturalness by law.Verónica Gómez Sánchez - 2023 - Noûs 57 (1):100-127.
    The intuitive distinction between natural and unnatural properties (e.g., green vs. grue) informs our theorizing not only in fundamental physics, but also in non-fundamental domains. This paper develops a reductive account of this broad notion of naturalness that covers non-fundamental properties: for a property to be natural, I propose, is for it to figure in a law of nature. After motivating the account, I defend it from a potential circularity charge. I argue that a suitably broad notion of lawhood (...)
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  9. On the metaphysical contingency of laws of nature.Alan Sidelle - 2002 - In Tamar Gendler & John Hawthorne (eds.), Conceivability and Possibility. New York: Oxford University Press. pp. 309--336.
    This paper defends the traditional view that the laws of nature are contingent, or, if some of them are necessary, this is due to analytic principles for the individuation of the law-governed properties. Fundamentally, I argue that the supposed explanatory purposes served by taking the laws to be necessary --showing how laws support counterfactuals, how properties are individuated, or how we have knowledge of properties--are in fact undermined by the continued possibility of the imagined scenarios--this time, described neutrally--which seemed (...)
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  10. Review of "Natural Law & the Nature of Law" by Jonathan Crowe. [REVIEW]Emad Atiq - 2020 - Notre Dame Philosophical Reviews 2020.
    Commentary on Crowe's metaethics and his theory of law as a goodness-fixing kind.
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  11. Scientific Proof of the Natural Moral Law.Eric Brown - 2005 - Dissertation, The Catholic University of America
    Introduction to the Scientific Proof of the Natural Moral Law This paper proves that Aquinas has a means of demonstrating and deriving both moral goodness and the natural moral law from human nature alone. Aquinas scientifically proves the existence of the natural moral law as the natural rule of human operations from human nature alone. The distinction between moral goodness and transcendental goodness is affirmed. This provides the intellectual tools to refute the G.E. Moore (Principles of Ethics) attack (...)
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  12. An Armstrongian defense of dispositional monist accounts of laws of nature.Mousa Mohammadian - 2022 - European Journal for Philosophy of Science 12 (3):1-15.
    Bird reveals an important problem at the heart of Armstrong’s theory of laws of nature: to explain how a law necessitates its corresponding regularity, Armstrong is committed to a vicious regress. In his very brief response, Armstrong gestures towards an argument that, as he admits, is more of a “speculation.” Later, Barker and Smart argue that a very similar problem threatens Bird’s dispositional monist theory of laws of nature and he is committed to a similar vicious regress. In (...)
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  13. Law, the Rule of Law, and Goodness-Fixing Kinds.Emad H. Atiq - forthcoming - Engaging Raz: Themes in Normative Philosophy (OUP).
    Laws can be evaluated as better or worse relative to different normative standards. But the standard set by the Rule of Law defines a kind-relative standard of evaluation: features like generality, publicity, and non-retroactivity make the law better as law. This fact about legal evaluation invites a comparison between law and other “goodness-fixing kinds,” where a kind is goodness-fixing if what it is to be a member of the kind fixes a standard for evaluating instances as better or worse. Indeed, (...)
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  14. Different Views of Laws of Nature.Ömer Fatih Tekin - 2017 - Beytulhikme An International Journal of Philosophy 7 (1):43-63.
    There are roughly two main understanding in philosophy of science: Epistemology of Science and Metaphysics of Science. It is examined that some concept such as Laws of Nature, Causation, Time and Space into the metaphysics of Science. In this paper, it has been studied laws of nature which is one the most important subjects in metaphysics of science. Let’s think outside the box, there are three significant views about laws of nature; Regularity Theory, Necessitation Theory and Dispositional (...)
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  15. Incompatibilism and the garden of forking paths.Andrew Law - 2023 - Philosophical Issues 33 (1):110-123.
    Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...)
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  16. The Modal Status of Laws: In Defence of a Hybrid View.Tuomas E. Tahko - 2015 - Philosophical Quarterly 65 (260):509-528.
    Three popular views regarding the modal status of the laws of nature are discussed: Humean Supervenience, nomic necessitation, and scientific/dispositional essentialism. These views are examined especially with regard to their take on the apparent modal force of laws and their ability to explain that modal force. It will be suggested that none of the three views, at least in their strongest form, can be maintained if some laws are metaphysically necessary, but others are metaphysically contingent. Some reasons for thinking (...)
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  17.  77
    “Facts of nature or products of reason? - Edgar Zilsel caught between ontological and epistemic conceptions of natural laws”.Donata Romizi - 2022 - In Donata Romizi, Monika Wulz & Elisabeth Nemeth (eds.), Edgar Zilsel: Philosopher, Historian, Sociologist. (Vienna Circle Institute Yearbook, vol. 27). Cham: Springer Nature.
    In this paper, I reconstruct the development and the complex character of Zilsel’s conception of scientific laws. This concept functions as a fil rouge for understanding Zilsel’s philosophy throughout different times (here, the focus is on his Viennese writings and how they pave the way to the more renown American ones) and across his many fields of work (from physics to politics). A good decade before Heisenberg’s uncertainty principle was going to mark the outbreak of indeterminism in quantum physics, Edgar (...)
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  18. The Nature and Value of Vagueness in the Law.Hrafn Ásgeirsson - 2020 - Oxford: Hart Publishing.
    Sample chapter from H. Asgeirsson, The Nature and Value of Vagueness in the Law (Hart Publishing, 2020), in which I present and partially defend a version of what has come to be called the communicative-content theory of law. Book abstract: Lawmaking is – paradigmatically – a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, what they communicate is sometimes (...)
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  19. Legality of Rule of Law with Chinese Characteristics: A Case of “Ultra-Sinoism”.Ammar Younas - 2020 - Russian Law Journal 8 (4):53-91.
    The legal progression in China is portrayed negatively by western scholars who often argue that the state institutions in China are subordinate to the control of Chinese Communist Party’s leadership which makes these institutions politically insignificant. We consider that the legal progression in China has an instrumental role in achieving “Harmonious Socialist Society.” The purpose of this thesis is to provide an analytical literature review of scholastic work to explain the legality of rule of law in China and to elaborate (...)
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  20. The Paradoxical Evolution of Law.L. Ali Khan - 2012 - Lewis and Clark Law Review 16 (1):337-361.
    This Essay presents law’s evolution as a paradoxical union of the finite and the infinite. At any given point in time, law is a finite body of norms, which can be identified. At the same time, law’s evolution is infinite because rule-mutations that alter those norms are indeterminable. In modern legal systems, law’s evolution occurs under the constraining influence of master texts, which provide normative durability by enshrining the fundamental norms of a legal system and fortifying them against change. Despite (...)
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  21. Laws of Nature: Necessary and Contingent.Samuel Kimpton-Nye - 2022 - Philosophical Quarterly 72 (4):875-895.
    This paper shows how a niche account of the metaphysics of laws of nature and physical properties—the Powers-BSA—can underpin both a sense in which the laws are metaphysically necessary and a sense in which it is true that the laws could have been different. The ability to reconcile entrenched disagreement should count in favour of a philosophical theory, so this paper constitutes a novel argument for the Powers-BSA by showing how it can reconcile disagreement about the laws’ modal status. (...)
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  22. Legal Institutionalism: Capitalism and the Constitutive Role of Law.Simon Deakin, David Gindis, Geoffrey M. Hodgson, Kainan Huang & Katharina Pistor - 2017 - Journal of Comparative Economics 45 (1):188-20.
    Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the state are criticized here, because they typically assume relatively small numbers of agents and underplay the complexity and uncertainty in developed capitalist systems. In developed capitalist economies, law is sustained through interaction between private agents, (...)
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  23. Platonic Laws of Nature.Tyler Hildebrand - 2020 - Canadian Journal of Philosophy 50 (3):365-381.
    David Armstrong accepted the following three theses: universals are immanent, laws are relations between universals, and laws govern. Taken together, they form an attractive position, for they promise to explain regularities in nature—one of the most important desiderata for a theory of laws and properties—while remaining compatible with naturalism. However, I argue that the three theses are incompatible. The basic idea is that each thesis makes an explanatory claim, but the three claims can be shown to run in a (...)
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  24. Typicality of Dynamics and the Laws of Nature.Aldo Filomeno - 2023 - In Cristián Soto (ed.), Current Debates in Philosophy of Science: In Honor of Roberto Torretti. Springer Verlag.
    Certain results, most famously in classical statistical mechanics and complex systems, but also in quantum mechanics and high-energy physics, yield a coarse-grained stable statistical pattern in the long run. The explanation of these results shares a common structure: the results hold for a 'typical' dynamics, that is, for most of the underlying dynamics. In this paper I argue that the structure of the explanation of these results might shed some light --a different light-- on philosophical debates on the laws of (...)
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  25. The Rule of Law and the Importance of Procedure.Jeremy Waldron - 2011 - Nomos 50:3-31.
    Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...)
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  26. Laws of Nature.Tuomas E. Tahko - 2024 - In A. R. J. Fisher & Anna-Sofia Maurin (eds.), The Routledge Handbook of Properties. London: Routledge. pp. 337-346.
    Properties have an important role in specifying different views on laws of nature: virtually any position on laws will make some reference to properties, and some of the leading views even reduce laws to properties. This chapter will first outline what laws of nature are typically taken to be and then specify their connection to properties in more detail. We then move on to consider three different accounts of properties: natural, essential, and dispositional properties, and we shall see (...)
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  27. Ceteris paribus laws, component forces, and the nature of special-science properties.Robert D. Rupert - 2008 - Noûs 42 (3):349-380.
    Laws of nature seem to take two forms. Fundamental physics discovers laws that hold without exception, ‘strict laws’, as they are sometimes called; even if some laws of fundamental physics are irreducibly probabilistic, the probabilistic relation is thought not to waver. In the nonfundamental, or special, sciences, matters differ. Laws of such sciences as psychology and economics hold only ceteris paribus – that is, when other things are equal. Sometimes events accord with these ceteris paribus laws (c.p. laws, hereafter), (...)
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  28. The Governing Conception of Laws.Nina Emery - 2022 - Ergo: An Open Access Journal of Philosophy 9.
    In her paper, “The Non-Governing Conception of Laws,” Helen Beebee argues that it is not a conceptual truth that laws of nature govern, and thus that one need not insist on a metaphysical account of laws that makes sense of their governing role. I agree with the first point but not the second. Although it is not a conceptual truth, the fact that laws govern follows straightforwardly from an important (though under-appreciated) principle of scientific theory choice combined with a (...)
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  29. Defending the possibility of a neutral functional theory of law.Kenneth M. Ehrenberg - 2008 - Oxford Journal of Legal Studies 29 (1):91.
    I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the (...)
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  30. It Ain’t Necessarily So: The Misuse of 'Human Nature' in Law and Social Policy and Bankruptcy of the 'Nature-Nurture' Debate.Schwartz Justin - 2012 - Texas Journal of Women and the Law 21:187-239.
    Debate about legal and policy reform has been haunted by a pernicious confusion about human nature, the idea that it is a set of rigid dispositions, today generally conceived as genetic, that is manifested the same way in all circumstances. Opponents of egalitarian alternatives argue that we cannot depart far from the status quo because human nature stands in the way. Advocates of such reforms too often deny the existence of human nature because, sharing this conception, they (...)
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  31. The modal status of the laws of nature. Tahko’s hybrid view and the kinematical/dynamical distinction.Salim Hireche, Niels Linnemann, Robert Michels & Lisa Vogt - 2021 - European Journal for Philosophy of Science 11 (1):1-15.
    In a recent paper, Tuomas Tahko has argued for a hybrid view of the laws of nature, according to which some physical laws are metaphysically necessary, while others are metaphysically contingent. In this paper, we show that his criterion for distinguishing between these two kinds of laws — which crucially relies on the essences of natural kinds — is on its own unsatisfactory. We then propose an alternative way of drawing the metaphysically necessary/contingent distinction for laws of physics based (...)
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  32. Revaluing Laws of Nature in Secularized Science.Eli I. Lichtenstein - 2022 - In Yemima Ben-Menahem (ed.), Rethinking the Concept of Law of Nature: Natural Order in the Light of Contemporary Science. Springer. pp. 347-377.
    Discovering laws of nature was a way to worship a law-giving God, during the Scientific Revolution. So why should we consider it worthwhile now, in our own more secularized science? For historical perspective, I examine two competing early modern theological traditions that related laws of nature to different divine attributes, and their secular legacy in views ranging from Kant and Nietzsche to Humean and ‘governing’ accounts in recent analytic metaphysics. Tracing these branching offshoots of ethically charged God-concepts sheds (...)
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  33. The nature of correlation perception in scatterplots.Ronald A. Rensink - 2017 - Psychonomic Bulletin & Review 24 (3):776-797.
    For scatterplots with gaussian distributions of dots, the perception of Pearson correlation r can be described by two simple laws: a linear one for discrimination, and a logarithmic one for perceived magnitude (Rensink & Baldridge, 2010). The underlying perceptual mechanisms, however, remain poorly understood. To cast light on these, four different distributions of datapoints were examined. The first had 100 points with equal variance in both dimensions. Consistent with earlier results, just noticeable difference (JND) was a linear function of the (...)
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  34. Nature of Gravitation. The Structural Intuition of Gravitation in the Framework of Early Modern Mechanical Philosophy.Babu Thaliath - 2012 - Philosophy Study 2 (9):595-618.
    As is generally known, Newton’s notion of universal gravitation surpassed various theories of particular gravities in the early modern age, as represented mainly by Kepler and Hooke. In his seminal work “Hooke and the Law of Universal Gravitation: A Reappraisal of a Reappraisal” Richard S. Westfall argues that Hooke could not reach beyond the concept of spatially bounded particular gravities, as he deployed the method of analogy between the material principle of congruity and incongruity and the extension of gravitational spheres (...)
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  35. Intentions in Artifactual Understandings of Law.Kenneth M. Ehrenberg - 2022 - In Luka Burazin, Kenneth Einar Himma, Corrado Roversi & Paweł Banaś (eds.), The Artifactual Nature of Law. Northampton, MA, USA: Edward Elgar Publishing. pp. 16-36.
    The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...)
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  36. 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 life generally.” Law (...)
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  37. What is a laws of nature? / O que é uma lei da natureza?Rodrigo Cid - 2011 - Dissertation,
    The goal of this thesis to defend the philosophical view of the new ante rem substantivism against its supposed alternatives. To achieve such goal, we will present four views about the nature of laws, two kinds of realism and two kinds of anti-realism, and evaluate them critically. The disadvantages from those theories are going to be presented for us to show that they are insufficient to provide a metaphysics that is able to explain the world's counterfactuality, universality, and regularity, (...)
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  38. Decolonizing the Rule of Law: Mabo's case and Postcolonial Constitutionalism.Duncan Ivison - 1997 - Oxford Journal of Legal Studies 17 (2):253-280.
    Aboriginal claims for self-government in the Americas and Australasia are distinctive for being less about secession—at least so far—than about demanding an innovative rethinking of the regulative norms and institutions within and between already established nation-states. Recent cases in Australia (and Canada) provide an opportunity to consider the nature of such claims, and some of the theoretical implications for regulative conceptions of sovereignty and the rule of law. A general question informing the entire discussion here is: how do particular (...)
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  39. Fuller and the Folk: The Inner Morality of Law Revisited.Raff Donelson & Ivar R. Hannikainen - 2020 - In Tania Lombrozo, Shaun Nichols & Joshua Knobe (eds.), Oxford Studies in Experimental Philosophy Volume 3. Oxford University Press. pp. 6-28.
    The experimental turn in philosophy has reached several sub-fields including ethics, epistemology, and metaphysics. This paper is among the first to apply experimental techniques to questions in the philosophy of law. Specifically, we examine Lon Fuller's procedural natural law theory. Fuller famously claimed that legal systems necessarily observe eight principles he called "the inner morality of law." We evaluate Fuller's claim by surveying both ordinary people and legal experts about their intuitions about legal systems. We conclude that, at best, we (...)
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  40. Three Concepts of Law: The Ambiguous Legacy of H.L.A. Hart.Brian Slattery - 1998 - Saskatchewan Law Review 61:323-39.
    The law presents itself as a body of meaning, open to discovery, interpretation, application, criticism, development and change. But what sort of meaning does the law possess? Legal theory provides three sorts of answers. The first portrays the law as a mode of communication through which law-makers convey certain standards or norms to the larger community. The law's meaning is that imparted by its authors. On this view, law is a vehicle, conveying a message from a speaker to an intended (...)
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  41. The metaphysics of laws: dispositionalism vs. primitivism.Mauro Dorato & Michael Esfeld - 2014 - In T. Bigaj & C. Wuthrich (eds.), Metaphysics and Science (tentative title). Poznan Studies.
    The paper compares dispositionalism about laws of nature with primitivism. It argues that while the distinction between these two positions can be drawn in a clear-cut manner in classical mechanics, it is less clear in quantum mechanics, due to quantum non-locality. Nonetheless, the paper points out advantages for dispositionalism in comparison to primitivism also in the area of quantum mechanics, and of contemporary physics in general.
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  42. Typicality of Dynamics and Laws of Nature.Aldo Filomeno - 2023 - In Cristián Soto (ed.), Current Debates in Philosophy of Science: In Honor of Roberto Torretti. Springer Verlag. pp. 391-418.
    Certain results, most famously in classical statistical mechanics and complex systems, but also in quantum mechanics and high-energy physics, yield a coarse-grained stable statistical pattern in the long run. The explanation of these results shares a common structure: the results hold for a ‘typical’ dynamics, that is, for most of the underlying dynamics. In this paper I argue that the structure of the explanation of these results might shed some light—a different light—on philosophical debates on the laws of nature. (...)
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  43. Humeanism about laws of nature.Harjit Bhogal - 2020 - Philosophy Compass 15 (8):1-10.
    Humeanism about laws of nature is, roughly, the view that the laws of nature are just patterns, or ways of describing patterns, in the mosaic of events. In this paper I survey some of the (many!) objections that have been raised to Humeanism, considering how the Humean might respond. And I consider how we might make a positive case for Humeanism. The common thread running through all this is that the viability of the Humean view relies on the (...)
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  44. Humean Laws of Nature: The End of the Good Old Days.Craig Callender - unknown
    I show how the two great Humean ways of understanding laws of nature, projectivism and systems theory, have unwittingly reprised developments in metaethics over the past century. This demonstration helps us explain and understand trends in both literatures. It also allows work on laws to “leap- frog” over the birth of many new positions, the nomic counterparts of new theories in metaethics. However, like leap-frogging from agriculture to the internet age, it’s hardly clear that we’ve landed in a good (...)
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  45. Twelve Basic Concepts of Law in Kant and the Compound Yijing.Stephen R. Palmquist - 2017 - Modernos E Contemporâneos 1:109-126.
    This fourth article in a six-part series correlating Kant’s philosophy with the Yijing begins by summarizing the foregoing articles: both Kant and the Yijing’s 64 hexagrams (gua) employ “architectonic” reasoning to form a four-level system with 0+4+12+(4x12) elements, the fourth level’s four sets of 12 correlating to Kant’s model of four university “faculties”. This article explores the second twelvefold set, the law faculty. The “idea of reason” guiding this wing of the comparative analysis is immortality. Three of Kant’s “quaternities” correspond (...)
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  46. W poszukiwaniu ontologicznych podstaw prawa. Arthura Kaufmanna teoria sprawiedliwości [In Search for Ontological Foundations of Law: Arthur Kaufmann’s Theory of Justice].Marek Piechowiak - 1992 - Instytut Nauk Prawnych PAN.
    Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...)
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  47. Hume's Treatise and Hobbes's the Elements of Law.Paul Russell - 1985 - Journal of the History of Ideas 46 (1):51.
    The central thesis of this paper is that the scope and structure of Hume's Treatise of Human Nature is modelled, or planned, after that of Hobbes's The Elements of Law and that in this respect there exists an important and unique relationship between these works. This relationship is of some importance for at least two reasons. First, it is indicative of the fundamental similarity between Hobbes's and Hume's project of the study of man. Second, and what is more important, (...)
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  48. Monsters, Laws of Nature, and Teleology in Late Scholastic Textbooks.Silvia Manzo - 2019 - In Rodolfo Garau & Pietro Omodeo (eds.), Contingency and Natural Order in Early Modern Science. Springer Verlag. pp. 61-92.
    In the period of emergence of early modern science, ‘monsters’ or individuals with physical congenital anomalies were considered as rare events which required special explanations entailing assumptions about the laws of nature. This concern with monsters was shared by representatives of the new science and Late Scholastic authors of university textbooks. This paper will reconstruct the main theses of the treatment of monsters in Late Scholastic textbooks, by focusing on the question as to how their accounts conceived nature’s (...)
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  49. The Meta-Dynamic Nature of Consciousness.John A. Barnden - 2020 - Entropy 22.
    How, if at all, consciousness can be part of the physical universe remains a baffling problem. This article outlines a new, developing philosophical theory of how it could do so, and offers a preliminary mathematical formulation of a physical grounding for key aspects of the theory. Because the philosophical side has radical elements, so does the physical-theory side. The philosophical side is radical, first, in proposing that the productivity or dynamism in the universe that many believe to be responsible for (...)
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  50. The promise of Roberts' “measurability account of laws”.James Norris - 2004 - Southwest Philosophy Review 20 (2):117-128.
    There is a common argument form in the metaphysics of natural laws literature: a theory of natural law is attacked by offering a claim L as a law of scientific field F (physics, chemistry, biology, etc.), and from this law metaphysical implications contrary to the theory are drawn. Quite often however, L would not be regarded as a law by a scientist of F. Roberts' "measurability account of laws" offers a new and interesting way to more reliably identify the laws (...)
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