Results for 'phenomenology of law'

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  1. The Hierarchical Model and H. L. A. Hart's Concept of Law.Massimo La Torre - 2013 - Revus 21:141-161.
    Law is traditionally related to the practice of command and hierarchy. It seems that a legal rule should immediately establish a relation between a superior and an inferior. This hierarchical and authoritharian view might however be challenged once the phenomenology of the rule is considered from the internal point of view, that is, from the stance of those that can be said to “use” rather than to “suffer” the rules themselves. A practice oriented approach could in this way open (...)
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  2. Statelessness and Bernhard Waldenfels' Phenomenology of the Alien.William Conklin - 2007 - Journal of the British Society for Phenomenology 38 (3):280-296.
    This Paper addresses the problem of statelessness, a problem which remains despite treaties and judicial decisions elaborating distinct rules to protect stateless persons. I explain why this has been so. Drawing from the work of Bernhard Waldenfels, I argue that international and domestic courts have presupposed a territorial sense of space, a territorial knowledge and the founding date for the territorial structure of a state-centric international legal community. I then focus upon the idea that an impartial third party can resolve (...)
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  3. The Cultural Phenomenology of Qualitative Quantity - Work in Progress - Introduction Autobiographical.Borislav Dimitrov - manuscript
    This study is about the Quality. Here I have dealt with the quality that differs significantly from the common understanding of quality /as determined quality/ that arise from the law of dialectics. This new quality is the quality of the quantity /quality of the quantitative changes/, noticed in philosophy by Plato as “quality of numbers”, and later developed by Hegel as “qualitative quantity. The difference between the known determined quality and qualitative quantity is evident in the exhibit form of these (...)
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  4.  44
    Lon Fuller’s Phenomenology of Language.William E. Conklin - 2006 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 19 (2):93-125.
    This essay retrieves Lon Fuller's theory of language and the role of experience in such a theory. The essay distinguishes meaning from signification. A sign signifies or represents an object. Meaning is experienced before one ever signifies an object. Signification is cognitive. Meaning is bodily. Fuller locates meaning in what Hart excluded from legality as "pre-legal." In the pre-legal realm, meant ob­jects draw from memories and expectations. The memories may have been personally or collectively experienced. The analysis of rules takes (...)
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  5. Mistake of Law and Sexual Assault: Consent and Mens Rea.Lucinda Vandervort - 1987-1988 - Canadian Journal of Women and the Law 2 (2):233-309.
    In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather than (...)
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  6. The Lived Experience of Doubling: Simone de Beauvoir's Phenomenology of Old Age.Sarah Clark Miller - 2001 - In Wendy O'Brien & Lester Embree (eds.), The Existential Phenomenology of Simone de Beauvoir. Kluwer Academic Publishers. pp. 127-147.
    This essay demonstrates that Beauvoir's La Vieillesse is a phenomenological study of old age indebted to Husserl's phenomenology of the body. Beauvoir's depiction of the doubling in the lived experience of the elderly--a division between outsiders' awareness of the elderly's decline and the elderly's own inner understanding of old age--serves as a specific illustration of Beauvoir's particular method of description and analysis.
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  7. 20th-Century Bulgarian Philosophy of Law: From Critical Acceptance of Kant’s Ideas to the Logic of Legal Reasoning.Vihren Bouzov - 2016 - In Enrico Pattaro & C. Roversi (eds.), A Treatise of Legal Philosophy and General Jurisprudence. V.12 (1), Legal Philosophy in the Twentieth Century: The Civil Law World. pp. 681-690.
    My analysis here is an attempt to bring out the main through-line in the development of Bulgarian philosophy of law today. A proper account of Bulgarian philosophy of law in the 20th century requires an attempt to find, on the one hand, a solution to epistemological and methodological problems in law and, on the other, a clear-cut influence of the Kantian critical tradition. Bulgarian philosophy of law follows a complicated path, ranging from acceptance and revision of Kantian philosophy to the (...)
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  8. Law and Eschatology in Wittgenstein's Early Thought.Barry Smith - 1978 - Inquiry: An Interdisciplinary Journal of Philosophy 21 (1-4):425 – 441.
    The paper investigates the role played by ethical deliberation and ethical judgment in Wittgenstein's early thought in the light of twentieth?century German legal philosophy. In particular the theories of the phenomenologists Adolf Reinach, Wilhelm Schapp, and Gerhart Husserl are singled out, as resting on ontologies which are structurally similar to that of the Tractatus: in each case it is actual and possible Sachverhalte which constitute the prime ontological category. The study of the relationship between the states of affairs depicted, e.g., (...)
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  9.  76
    The Phenomenology of Remembering is an Epistemic Feeling.Denis Perrin, Kourken Michaelian, Sant' & André Anna - forthcoming - Frontiers in Psychology.
    This paper aims to provide a psychologically-informed philosophical account of the phenomenology of episodic remembering. The literature on epistemic or metacognitive feelings has grown considerably in recent years, and there are persuasive reasons, both conceptual and empirical, in favour of the view that the phenomenology of remembering—autonoetic consciousness, as Tulving influentially referred to it, or the feeling of pastness, as we will refer to it here—is an epistemic feeling, but few philosophical treatments of this phenomenology as an (...)
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  10.  45
    A Phenomenology of Seeing and Affect in a Polarized Climate.Emily S. Lee - 2019 - In Race as Phenomena: Between Phenomenology and Philosophy of Race. London, UK: Rowman & Littlefield. pp. 107-124.
    “A Phenomenology of Seeing and Affect in a Polarized Climate,” focuses on the polarized political climate that reflects racial and class differences in the wake of the Trump election. She explores how to see differently about those with whom one disagrees—that is in this specific scenario for Lee, the Trump supporters, including Asian American members of her own family. Understanding Maurice Merleau-Ponty’s exploration of the interstice between the visible and the invisible, if human beings are to see otherwise, we (...)
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  11. Theories of Vagueness and Theories of Law.Alex Silk - 2019 - Legal Theory 25 (2):132-152.
    It is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought. I focus on four putative implications discussed in the literature concerning (i) the value of vagueness in the law, (ii) the possibility and value of legal indeterminacy, (iii) the possibility of the rule of (...)
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  12. The Phenomenology of Agency.Tim Bayne - 2008 - Philosophy Compass 3 (1):182-202.
    The phenomenology of agency has, until recently, been rather neglected, overlooked by both philosophers of action and philosophers of consciousness alike. Thankfully, all that has changed, and of late there has been an explosion of interest in what it is like to be an agent. 1 This burgeoning field crosses the traditional boundaries between disciplines: philosophers of psychopathology are speculating about the role that unusual experiences of agency might play in accounting for disorders of thought and action; cognitive scientists (...)
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  13. The Rule of Law and Equality.Paul Gowder - 2013 - Law and Philosophy 32 (5):565-618.
    This paper describes and defends a novel and distinctively egalitarian conception of the rule of law. Official behavior is to be governed by preexisting, public rules that do not draw irrelevant distinctions between the subjects of law. If these demands are satisfied, a state achieves vertical equality between officials and ordinary people and horizontal legal equality among ordinary people.
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  14. Defending the Possibility of a Neutral Functional Theory of Law.Kenneth M. Ehrenberg - 2009 - 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 possibility of (...)
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  15. 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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  16.  81
    Normative Ignorance: A Critical Connection Between the Insanity and Mistake of Law Defenses.Ken Levy - forthcoming - Florida State University Law Review 47.
    This Article falls into three general parts. The first part starts with an important question: is the insanity defense constitutionally required? The United States Supreme Court will finally try to answer this question next term in the case of Kahler v. Kansas. -/- I say “finally” because the Court refused to answer this question in 2012 when it denied certiorari to an appeal brought by John Joseph Delling, a severely mentally ill defendant who was sentenced to life in prison three (...)
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  17.  21
    Procedure-Content Interaction in Attitudes to Law and in the Value of the Rule of Law: An Empirical and Philosophical Collaboration.Noam Gur & Jonathan Jackson - forthcoming - In Meyerson Denise, Catriona Mackenzie & Therese MacDermott (eds.), Procedural Justice and Relational Theory: Philosophical, Empirical and Legal Perspectives. Routledge.
    This chapter begins with an empirical analysis of attitudes towards the law, which, in turn, inspires a philosophical re-examination of the moral status of the rule of law. In Section 2, we empirically analyse relevant survey data from the US. Although the survey, and the completion of our study, preceded the recent anti-police brutality protests sparked by the killing of George Floyd, the relevance of our observations extends to this recent development and its likely reverberations. Consistently with prior studies, we (...)
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  18. Introduction: Symposium on Paul Gowder, the Rule of Law in the Real World.Matthew J. Lister - 2018 - St. Louis University Law Journal 62 (2):287-91.
    This is a short introduction to a book symposium on Paul Gowder's recent book, _The Rule of Law in thee Real World_ (Cambridge University Press, 2016). The book symposium will appear in the St. Luis University Law Journal, 62 St. Louis U. L.J., -- (2018), with commentaries on Gowder's book by colleen Murphy, Robin West, Chad Flanders, and Matthew Lister, along with replies by Paul Gowder.
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  19. Reconciling the Principled Approach to Hearsay with the Rule of Law.Andrew Botterell - 2014 - Supreme Court Law Review 65 (2d):145-168.
    My goal in this paper is to argue that the principled approach to hearsay is consistent with the rule of law. I begin by contrasting an instrumental conception of the rule of law with a conception that views the rule of law in primarily normative terms. I then turn my attention to a recent criticism of the Supreme Court of Canada’s principled approach to hearsay and suggest that if Michael Oakeshott’s normative interpretation of the rule of law is adopted, there (...)
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  20.  96
    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, by (...)
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  21.  28
    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 conceptions (...)
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  22. Direct Intuition: Strategies of Knowledge in the Phenomenology of Life, with Reference to the Philosophy of Illumination.Olga Louchakova-Schwartz - 2013 - Analecta Husserliana 113:291-315.
    This article presents phenomenological meta-analysis of Tymieniecka's phenomenology of life with regard to its strategies of knowledge. The novelty of phenomenology of life consists in special orientation of direct intuition of Tymieniecka's insight. The analysis suggests that the positioning of the direct intuition differes from philosopher to philosopher. Even though this perspective pays attention to individual differences in philosophical thinking, this view has to be distinguished froll1 psychologism as criticized by Husser!. and rather, seen as a development of (...)
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  23. 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, courts (...)
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  24.  59
    Phenomenology as the Original Science of Life in Heidegger’s Early Freiburg Lectures.Lee Michael Badger - 2017 - Journal of the British Society for Phenomenology 48 (1):28-43.
    The aim of this essay is to introduce an original and radical phenomenology of life into Heidegger’s earliest lectures at Freiburg University. The motivation behind this aim lies in the exclusion of life from the existential analytic despite Heidegger’s preoccupation with the question of life during this very early period. Principally, the essay demonstrates how Husserl’s phenomenological insight into the intentionality of life has the potential to be transformed into a living aporia. Although this demonstration is set within the (...)
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  25. Republican Freedom and the Rule of Law.Christian List - 2006 - Politics, Philosophy and Economics 5 (2):201-220.
    At the core of republican thought, on Philip Pettit’s account, lies the conception of freedom as non-domination, as opposed to freedom as noninterference in the liberal sense. I revisit the distinction between liberal and republican freedom and argue that republican freedom incorporates a particular rule-of-law requirement, whereas liberal freedom does not. Liberals may also endorse such a requirement, but not as part of their conception of freedom itself. I offer a formal analysis of this rule-of-law requirement and compare liberal and (...)
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  26.  78
    Legislative Duty and the Independence of Law.J. H. Bogart - 1987 - Law and Philosophy 6 (2):187 - 203.
    This essay considers the nature of duties incumbent on legislators in virtue of the office itself. I argue that there is no duty for a legislator to enact a criminal law based on morality; there is no duty to incorporate substantive moral conditions into the criminal law; and there is therefore no duty derivable from the nature of the legislative office itself to make conditions of culpability depend on those of moral responsibility. Finally, I argue that the relation between morality (...)
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  27.  73
    The Seal of Philosophy: Tymieniecka’s Phenomenology of Life in Islamic Metaphysical Perspective.Olga Louchakova-Schwartz - 2014 - In Anna-Teresa Tymieniecka, Nazif Muhtaroglu & Detlev Quintern (eds.), Islamic and Occidental Philosophy in Dialogue, 7. Dordrecht, Netherlands: Springer. pp. 71-101.
    This paper argues that the Islamic metaphysical vision finds its Western philosophical counterpart in Anna-Teresa Tymienecka's Phenomenology of Life. Comparative analysis of the main categories and strategies of knowledge in Islamic metaphysics and the Phenomenology of Life demonstrates obvious similarities, but also significant distinctions whereby the systems can be viewed as complementary. Tymieniecka’s philosophy begins with epoché on preceding philosophical knowledge, while Islamic philosophy begins with revelation. Tymieniecka uses presuppositionless phenomenological direct intuition combined with reflective analysis, while Sufi (...)
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  28.  65
    Deliberation, Responsibility, and Excusing Mistakes of Law.Alexander A. Guerrero - 2015 - Jurisprudence 6 (1):81-94.
    In ‘Excusing Mistakes of Law’, Gideon Yaffe sets out to ‘vindicate’ the claim ‘that mistakes of law never excuse’ by ‘identifying the truth that is groped for but not grasped by those who assert that ignorance of law is no excuse’. Yaffe does not offer a defence of the claim that mistakes of law never excuse. That claim, Yaffe argues, is false. Yaffe’s article is, rather, an effort to assess what plausible thought might be behind the idea that mistakes of (...)
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  29. Concordance of Merleau-Ponty's Phenomenology of Perception.David Morris, Andrew Robinson & Catherine Duchastel - manuscript
    This is a concordance of page numbers in the following editions of Merleau-Ponty's Phenomenology of Perception: English editions prior to the Routledge Classics 2002; Routledge Classics edition, with the new pagination; the French edition from Gallimard, prior to 2005; the 2e edition from Gallimard, 2005, with new pagination.
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  30. The Phenomenology of Attitudes and the Salience of Rational Role and Determination.Fabian Dorsch - 2016 - Philosophical Explorations 19 (2):114-137.
    The recent debate on cognitive phenomenology has largely focused on phenomenal aspects connected to the content of thoughts. By contrasts, aspects pertaining to their attitude have often been neglected, despite the fact that they are distinctive of the mental kind of thought concerned and, moreover, also present in experiences and thus less contentious than purely cognitive aspects. My main goal is to identify two central and closely related aspects of attitude that are phenomenologically salient and shared by thoughts with (...)
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  31. 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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  32. The Morality and Law of War.Seth Lazar - 2012 - In Andrei Marmor (ed.), Routledge Companion to the Philosophy of Law. New York, NY, USA: Routledge. pp. 364-379.
    The revisionist critique of conventional just war theory has undoubtedly scored some important victories. Walzer’s elegantly unified defense of combatant legal equality and noncombatant immunity has been seriously undermined. This critical success has not, however, been matched by positive arguments, which when applied to the messy reality of war would deprive states and soldiers of the permission to fight wars that are plausibly thought to be justified. The appeal to law that is sought to resolve this objection by casting it (...)
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  33. The invisible structure of reality. From the phenomenology of common givenness to the unspeakable metaphysics of the unsayable. [Notes regarding the philosophy of Mihai Şora].Victor Eugen Gelan - 2014 - Studies on the History of Romanian Philosophy:90-105.
    In this paper I aim to show that the philosophy of Mihai Şora can both be seen as a phenomenological treatment of being and as a general theory of being in its most rigorous sense. At least, this philosophy could be designated as a phenomenological ontology which opens up itself towards an originally metaphysical perspective based on a specific type of knowledge of the sort of “global disclosure”. I will argue too that within Şora's philosophy one can have a twofold (...)
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  34.  45
    The Phenomenology of Mentality.Arnaud Dewalque - forthcoming - In Denis Fisette, Guillaume Frechette & Hynek Janoušek (eds.), Franz Brentano’s Philosophy after Hundred Years – From History of Philosophy to Reism. New York: Springer.
    This paper offers a phenomenological interpretation of Brentano’s view of mentality. The key idea is that mental phenomena are not only characterized by intentionality; they also exhibit a distinctive way of appearing or being experienced. In short, they also have a distinctive phenomenology. I argue this view may be traced back to Brentano’s theory of inner perception. Challenging the self-representational reading of IP, I maintain the latter is best understood as a way of appearing, that is, in phenomenological terms. (...)
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  35. Phenomenology of Social Cognition.Shannon Spaulding - 2015 - Erkenntnis 80 (5):1069-1089.
    Can phenomenological evidence play a decisive role in accepting or rejecting social cognition theories? Is it the case that a theory of social cognition ought to explain and be empirically supported by our phenomenological experience? There is serious disagreement about the answers to these questions. This paper aims to determine the methodological role of phenomenology in social cognition debates. The following three features are characteristic of evidence capable of playing a substantial methodological role: novelty, reliability, and relevance. I argue (...)
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  36. What Is Reading In The Practice Of Law?Kirk W. Junker - 2008 - Journal of Law in Society:1-51.
    Abstract: Law professors offer to teach students something called “thinking like a lawyer.” They suggest thereby that legal thought is in some way unique. If it is, through what means is it acquired? By reading the law. And so reading the law must be a different experience than reading other things, as is implied by the admonition that thinking like a lawyer is somehow different than other thinking. In most law school education, reading is practiced as a means to an (...)
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  37.  65
    The Nature and Value of Vagueness in the Law.Hrafn Asgeirsson - 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 vague (...)
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  38. 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 joint (...)
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  39. Review of Douglas Husak, Philosophy of Criminal Law: Selected Essays. [REVIEW]Andrew Botterell - 2013 - University of Toronto Law Journal 63 (1):152-158.
    A review of Douglas Husak, Philosophy of Criminal Law: Selected Essays (Oxford University Press, 2010).
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  40. A Phenomenology of Professional Failure.Ben Sheredos - manuscript
    This is a (likely incomplete) transcendental phenomenology of professional failure. You can read it, if you like. Or don't.
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  41. The Methods of Normativity.Hass Binesh - 2017 - Canadian Journal of Law and Jurisprudence 30 (1):159.
    This essay is an examination of the relationship between phenomenology and analytic method in the philosophy of law. It proceeds by way of a case study, the requirement of compliance in Raz’s theory of mandatory norms. Proceeding in this way provides a degree of specificity that is otherwise neglected in the relevant literature on method. Drawing on insights from the philosophy of art and cognitive neuroscience, it is argued that the requirement of compliance is beset by a range of (...)
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  42. Phenomenology is Not Phenomenalism. Is There Such a Thing as Phenomenology of Sport?Jan Halák, Ivo Jirásek & Mark Stephen Nesti - 2014 - Acta Gymnica 44 (2):117-129.
    Background: The application of the philosophical mode of investigation called “phenomenology” in the context of sport. Objective: The goal is to show how and why the phenomenological method is very often misused in the sportrelated research. Methods: Interpretation of the key texts, explanation of their meaning. Results: The confrontation of concrete sport-related texts with the original meaning of the key phenomenological notions shows mainly three types of misuse – the confusion of phenomenology with immediacy, with an epistemologically subjectivist (...)
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  43. Towards a Phenomenology of Repression. A Husserlian Reply to the Freudian Challenge.Nicholas Smith - 2010 - Stockholm University Press.
    This is the first book-length philosophical study of Husserl’s transcendental phenomenology and Freud’s theory of the unconscious. The book investigates the possibility for Husserl’s transcendental phenomenology to clarify Freud’s concept of the unconscious with a focus on the theory of repression as its centre. Repression is the unconscious activity of pushing something away from consciousness, while making sure that it remains active as something foreign within us. How this is possible is the main problem addressed in the work. (...)
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  44. The Idea of Rigorous Science in Husserl’s Phenomenology and Its Relevance for the Other Sciences.Victor Eugen Gelan - 2015 - In Mihai-Dan Chiţoiu & Ioan-Alexandru Tofan (eds.), Proceedings of the International Conference “Humanities and Social Sciences Today. Classical and Contemporary Issues” – Philosophy and Other Humanities. Pro Universitaria. pp. 141-156.
    In this paper I intend to grapple with the idea of philosophy as rigorous science from the point of view of Husserl‟s phenomenology in order to show that this idea may have an important contribution to the way in which the scientific character of sciences in general, and of human and social sciences in particular, is being conceived. As rigorous science, phenomenology emphasizes and investigates the a priori context of other sciences. In this way, it plays a vital (...)
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  45. Efficiency, Practices, and the Moral Point of View: Limits of Economic Interpretations of Law.Mark Tunick - 2009 - In Mark White (ed.), Theoretical Foundations of Law and Economics. Cambridge University Press.
    This paper points to some limitations of law and economics as both an explanative and a normative theory. In explaining law as the result of efficiency promoting decisions, law and economics theorists often dismiss the reasons actors in the legal system give for their behavior. Recognizing that sometimes actors may be unaware of why institutions evolve as they do, I argue that the case for dismissing reasons for action is weaker when those reasons make reference to rules of practices that (...)
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  46. The Concept of Human Dignity in German and Kenyan Constitutional Law.Rainer Ebert & Reginald M. J. Oduor - 2012 - Thought and Practice: A Journal of the Philosophical Association of Kenya 4 (1):43-73.
    This paper is a historical, legal and philosophical analysis of the concept of human dignity in German and Kenyan constitutional law. We base our analysis on decisions of the Federal Constitutional Court of Germany, in particular its take on life imprisonment and its 2006 decision concerning the shooting of hijacked airplanes, and on a close reading of the Constitution of Kenya. We also present a dialogue between us in which we offer some critical remarks on the concept of human dignity (...)
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  47. Questioning the Value of Literacy: A Phenomenology of Speaking and Reading in Children.Eva M. Simms - 2010 - In K. Coats (ed.), Handbook of Children’s and Young Adult Literature. Routledge.
    The intent of this chapter is to suspend the belief in the goodness of literacy -- our chirographic bias -- in order to gain a deeper understanding of how the engagement with texts structures human consciousness, and particularly the minds of children. In the following pages literacy (a term which in this chapter refers to the ability to read and produce written text) is discussed as a consciousness altering technology. A phenomenological analysis of the act of reading shows the child’s (...)
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  48. Why is (Claiming) Ignorance of the Law No Excuse?Miroslav Imbrisevic - 2010 - Review Journal of Political Philosophy 8 (1):57-69.
    In this paper I will discuss two aspects of ignorance of the law: ignorance of illegality (including mistaking the law) and ignorance of the penalty; and I will look at the implications for natives, for tourists and for immigrants. I will argue that Carlos Nino's consensual theory of punishment need to rely on two premises in order to justify that (claiming) ignorance of the law is no excuse. The first premise explains why individuals are presumed to 'know' current laws. The (...)
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  49. Aksjologiczne podstawy polskiego prawa [The Axiological Basis of Polish Law].Marek Piechowiak - 2013 - In Tadeusz Guz, Jan Głuchowski & Maria Pałubska (eds.), Synteza prawa polskiego od 1989 roku. C. H. Beck. pp. 39-70.
    An axiological analysis of the basis of the 1997 Constitution of the Republic of Poland, determined mainly in the Preamble, makes it possible to put forward a thesis that this axiology is not, at least in reference to the principle, eclectic. In respect of the meta-axiological settlements, this is a tradition of natural-law type, recognizing the objective grounding of values and law. The accepted solutions are also convergent with the axiology typical of the international protection of human rights. -/- Résumé (...)
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  50. The Law of Non-Contradiction as a Metaphysical Principle.Tuomas Tahko - 2009 - Australasian Journal of Logic 7:32-47.
    The goals of this paper are two-fold: I wish to clarify the Aristotelian conception of the law of non-contradiction as a metaphysical rather than a semantic or logical principle, and to defend the truth of the principle in this sense. First I will explain what it in fact means that the law of non-contradiction is a metaphysical principle. The core idea is that the law of non-contradiction is a general principle derived from how things are in the world. For example, (...)
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