Results for 'the law of compatibility'

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  1.  41
    A Compatibility Law and the Classification of Theory Change.Patrick Fraser & Ameer Sarwar - 2018 - Scientonomy: Journal for the Science of Science 2:67-82.
    The current formulation of the zeroth law (the law of compatibility) is marred with a number of theoretical problems, which necessitate its reformulation. In this paper, we propose that compatibility is an independent stance that can be taken towards epistemic elements of all types. We then provide a new definition of compatibility criteria to reflect this change. We show that the content of the zeroth law is deducible from our definition of compatibility. Instead of a static (...)
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  2.  28
    Non-Positivism and Encountering a Weakened Necessity of the Separation Between Law and Morality – Reflections on the Debate Between Robert Alexy and Joseph Raz.Wei Feng - 2019 - Archiv Für Rechts- Und Sozialphilosophie, Beiheft 158:305-334.
    Nearly thirty years ago, Robert Alexy in his book The Concept and Validity of Law as well as in other early articles raised non-positivistic arguments in the Continental European tradition against legal positivism in general, which was assumed to be held by, among others, John Austin, Hans Kelsen and H.L.A. Hart. The core thesis of legal positivism that was being discussed among contemporary German jurists, just as with their Anglo- American counterparts, is the claim that there is no necessary connection (...)
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  3. 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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  4.  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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  5. 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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  6. The Law and Ethics of Virtual Sexual Assault.John Danaher - forthcoming - In Enter Author Name Without Selecting A. Profile: Woodrow Barfield & Enter Author Name Without Selecting A. Profile: Marc Blitz (eds.), The Law of Virtual and Augmented Reality. Cheltenham, UK: Edward Elgar Press.
    This chapter provides a general overview and introduction to the law and ethics of virtual sexual assault. It offers a definition of the phenomenon and argues that there are six interesting types. It then asks and answers three questions: (i) should we criminalise virtual sexual assault? (ii) can you be held responsible for virtual sexual assault? and (iii) are there issues with 'consent' to virtual sexual activity that might make it difficult to prosecute or punish virtual sexual assault?
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  7. On the Epistemological Foundations of the Law of the Lever.Maarten Van Dyck - 2009 - Studies in History and Philosophy of Science Part A 40 (3):315-318.
    In this paper I challenge Paolo Palmieri’s reading of the Mach-Vailati debate on Archimedes’s proof of the law of the lever. I argue that the actual import of the debate concerns the possible epistemic (as opposed to merely pragmatic) role of mathematical arguments in empirical physics, and that construed in this light Vailati carries the upper hand. This claim is defended by showing that Archimedes’s proof of the law of the lever is not a way of appealing to a non-empirical (...)
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  8.  18
    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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  9. 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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  10. 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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  11. 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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  12. THE PROBLEM OF SOVEREIGNTY, INTERNATIONAL LAW, AND INTELLECTUAL CONSCIENCE.Richard Lara - 2014 - Journal of the Philosophy of International Law 5 (1):31-54.
    The concept of sovereignty is a recurring and controversial theme in international law, and it has a long history in western philosophy. The traditionally favored concept of sovereignty proves problematic in the context of international law. International law’s own claims to sovereignty, which are premised on traditional concept of sovereignty, undermine individual nations’ claims to sovereignty. These problems are attributable to deep-seated flaws in the traditional concept of sovereignty. A viable alternative concept of sovereignty can be derived from key concepts (...)
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  13. 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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  14.  14
    Derrida's Shylock: The Letter and the Life of Law.Katrin Trüstedt - 2019 - In Peter Goodrich & Michel Rosenfeld (eds.), Administering Interpretation: Derrida, Agamben, and the Political Theology of Law. New York, NY, USA: Fordham University Press. pp. 168-185..
    This contribution addresses issues of interpretation and translation in Derrida’s reading of Shakespeare’s Merchant of Venice in relation to the supposed opposition of the letter and the spirit of the law. Rather than supporting a supersession of the law’s letter in favor of its spirit and advocating a sublation of the law by means of mercy, as a traditional reading suggests, this essay’s reading of Shakespeare’s play suggests that it deconstructs the underlying opposition. By linking the insistence on “the letter (...)
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  15.  51
    Scientificity and The Law of Theory Demarcation.Ameer Sarwar & Patrick Fraser - 2018 - Scientonomy: Journal for the Science of Science 2:55-66.
    The demarcation between science and non-science seems to play an important role in the process of scientific change, as theories regularly transition from being considered scientific to being considered unscientific and vice versa. However, theoretical scientonomy is yet to shed light on this process. The goal of this paper is to tackle the problem of demarcation from the scientonomic perspective. Specifically, we introduce scientificity as a distinct epistemic stance that an agent can take towards a theory. We contend that changes (...)
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  16.  63
    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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  17. The Normativity of Kant's Formula of the Law of Nature.Emilian Mihailov - 2013 - Romanian Journal of Analytic Philosophy (2):57-81.
    Many Kantian scholars have debated what normative guidance the formula of the law of nature provides. There are three ways of understanding the role of FLN in Kant’s ethics. The first line of interpretation claims that FLN and FLU are logically equivalent. The second line claims that there are only subjective differences, meaning that FLN is easier to apply than the abstrct method of FUL. The third line of interpretation claims that there are objective differences between FLN and FUL in (...)
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  18. 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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  19. Law Is the Command of the Sovereign: H. L. A. Hart Reconsidered.Andrew Stumpff Morrison - 2016 - Ratio Juris 29 (3):364-384.
    This article presents a critical reevaluation of the thesis—closely associated with H. L. A. Hart, and central to the views of most recent legal philosophers—that the idea of state coercion is not logically essential to the definition of law. The author argues that even laws governing contracts must ultimately be understood as “commands of the sovereign, backed by force.” This follows in part from recognition that the “sovereign,” defined rigorously, at the highest level of abstraction, is that person or entity (...)
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  20. Logic, Ontological Neutrality, and the Law of Non-Contradiction.Achille C. Varzi - 2014 - In Elena Ficara (ed.), Contradictions. Logic, History, Actuality. De Gruyter. pp. 53–80.
    Abstract. As a general theory of reasoning—and as a general theory of what holds true under every possible circumstance—logic is supposed to be ontologically neutral. It ought to have nothing to do with questions concerning what there is, or whether there is anything at all. It is for this reason that traditional Aristotelian logic, with its tacit existential presuppositions, was eventually deemed inadequate as a canon of pure logic. And it is for this reason that modern quantification theory, too, with (...)
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  21. Defending the Traditional Interpretations of Kant’s Formula of a Law of Nature.Samuel J. M. Kahn - 2019 - Theoria 66 (158):76-102.
    In this paper I defend the traditional interpretations of Kant’s Formula of a Law of Nature from recent attacks leveled by Faviola Rivera-Castro, James Furner, Ido Geiger, Pauline Kleingeld and Sven Nyholm. After a short introduction, the paper is divided into four main sections. In the first, I set out the basics of the three traditional interpretations, the Logical Contradiction Interpretation, the Practical Contradiction Interpretation and the Teleological Contradiction Interpretation. In the second, I examine the work of Geiger, Kleingeld and (...)
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  22.  57
    On the Confirmation of the Law of Demand.Philippe Mongin - manuscript
    The paper applies confirmation theory to a famous statement of economics, the law of demand, which says that ceteris paribus, prices and quantities demanded change in opposite directions. Today's economists do not accept the law unless definite restrictions hold, and have shown little interest in deciding whether or not these restrictions were satisfied empirically. However, Hildenbrand (1994) has provided a new derivation of the law of aggregate demand and used this theoretical advance to devise a test that may be the (...)
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  23. 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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  24. 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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  25. 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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  26. 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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  27. The Decline of Natural Law Reasoning.Joseph Tham - 2014 - The National Catholic Bioethics Quarterly 14 (2):245-255.
    The author discusses natural law reasoning, from the 1960s in the context of Pope Paul VI’s Humanae vitae, to recent cultural and intellectual currents and their influence on the tradition. The challenges that have skewed acceptance of a common human nature and the existence of natural law are addressed. The author shows how the debate on contraception initiated this challenge against natural law reasoning and led to a more evolutive concept of human nature. Attention is drawn to a need for (...)
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  28. 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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  29.  26
    Against the metaphysical necessity of the law 'salt dissolves in water' / Contra a necessidade metafísica da lei 'o sal se dissolve em água'.Rodrigo Cid - 2010 - Abstracta : Linguagem, Mente E Ação 6:65-70.
    In this paper, I intend to argue against Alexander Bird‟s thesis (2001) that the law salt dissolves in water is metaphysically necessary. I briefly indicate Bird‟s argument for the necessity of such law, and then I provide a counter-argument to his thesis. In a general way, Bird wants to show that the existence of certain substances depends on the truth of certain laws, and that because of this the existence of such substances implies the existence of such laws. That would (...)
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  30. 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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  31.  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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  32.  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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  33. Balancing Acts: Intending Good and Foreseeing Harm -- The Principle of Double Effect in the Law of Negligence.Edward C. Lyons - 2005 - Georgetown Journal of Law and Public Policy 3 (2):453-500.
    In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the actor's (...)
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  34. Evidence, Miracles, and the Existence of Jesus: Comments on Stephen Law.Robert Greg Cavin & Carlos A. Colombetti - 2014 - Faith and Philosophy 31 (2):204-216.
    We use Bayesian tools to assess Law’s skeptical argument against the historicity of Jesus. We clarify and endorse his sub-argument for the conclusion that there is good reason to be skeptical about the miracle claims of the New Testament. However, we dispute Law’s contamination principle that he claims entails that we should be skeptical about the existence of Jesus. There are problems with Law’s defense of his principle, and we show, more importantly, that it is not supported by Bayesian considerations. (...)
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  35. 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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  36.  80
    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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  37. 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 think it would (...)
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  38. A Contradiction of the Right Kind: Convenience Killing and Kant’s Formula of Universal Law.Pauline Kleingeld - 2019 - Philosophical Quarterly 69 (274):64-81.
    One of the most important difficulties facing Kant’s Formula of Universal Law (FUL) is its apparent inability to show that it is always impermissible to kill others for the sake of convenience. This difficulty has led current Kantian ethicists to de-emphasize the FUL or at least complement it with other Kantian principles when dealing with murder. The difficulty stems from the fact that the maxim of convenience killing fails to generate a ‘contradiction in conception’, producing only a ‘contradiction in the (...)
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  39.  16
    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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  40. What Can a Medieval Friar Teach Us About the Internet? Deriving Criteria of Justice for Cyberlaw From Thomist Natural Law Theory.Brandt Dainow - 2013 - Philosophy and Technology 26 (4):459-476.
    This paper applies a very traditional position within Natural Law Theory to Cyberspace. I shall first justify a Natural Law approach to Cyberspace by exploring the difficulties raised by the Internet to traditional principles of jurisprudence and the difficulties this presents for a Positive Law Theory account of legislation of Cyberspace. This will focus on issues relating to geography. I shall then explicate the paradigm of Natural Law accounts, the Treatise on Law, by Thomas Aquinas. From this account will emerge (...)
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  41. Aristotle, Nagarjuna and the Law of Non-Contradiction in Buddhist Philosophy.Peter G. Jones - manuscript
    There is a widespread view that Buddhist philosophy embodies logical contradictions such that there would be 'true' contradictions, This article explains that this is not the case and that Buddhist philosophy, more generally the Perennial philosophy, denies all contradictions for the sake of a doctrine of Unity.
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  42.  85
    Scientific Proof of the Natural Moral Law.Eric M. Brown - manuscript
    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 against (...)
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  43. 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 up (...)
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  44. The Law in Plato’s Laws: A Reading of the ‘Classical Thesis’.Luke William Hunt - 2018 - Polis: The Journal for Ancient Greek Political Thought 35 (1):102-126.
    Plato’s Laws include what H.L.A. Hart called the ‘classical thesis’ about the nature and role of law: the law exists to see that one leads a morally good life. This paper develops Hart’s brief remarks by providing a panorama of the classical thesis in Laws. This is done by considering two themes: (1) the extent to which Laws is paternalistic, and (2) the extent to which Laws is naturalistic. These themes are significant for a number of reasons, including because they (...)
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  45. Justifying Resistance to Immigration Law: The Case of Mere Noncompliance.Caleb Yong - 2018 - Canadian Journal of Law and Jurisprudence 2 (31):459-481.
    Constitutional democracies unilaterally enact the laws that regulate immigration to their territories. When are would-be migrants to a constitutional democracy morally justified in breaching such laws? Receiving states also typically enact laws that require their existing citizens to participate in the implementation of immigration restrictions. When are the individual citizens of a constitutional democracy morally justified in breaching such laws? In this article, I take up these questions concerning the justifiability of noncompliance with immigration law, focusing on the case of (...)
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  46. Truth, Knowledge, and the Standard of Proof in Criminal Law.Clayton Littlejohn - forthcoming - Synthese:1-34.
    Could it be right to convict and punish defendants using only statistical evidence? In this paper, I argue that it is not and explain why it would be wrong. This is difficult to do because there is a powerful argument for thinking that we should convict and punish defendants using statistical evidence. It looks as if the relevant cases are cases of decision under risk and it seems we know what we should do in such cases (i.e., maximize expected value). (...)
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  47.  31
    The Theory of Aḥwāl and Arguments Against the Law of Non-Contradiction.Behnam Zolghadr - 2020 - In Yearbook of the Maimonides Centre for Advanced Studies. Berlin, Germany: pp. 31-52.
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  48. Pyrrhonism and the Law of Non-Contradiction.Diego E. Machuca - 2011 - In D. E. Machuca (ed.), Pyrrhonism in Ancient, Modern, and Contemporary Philosophy. Springer.
    The question of whether the Pyrrhonist adheres to certain logical principles, criteria of justification, and inference rules is of central importance for the study of Pyrrhonism. Its significance lies in that, whereas the Pyrrhonist describes his philosophical stance and argues against the Dogmatists by means of what may be considered a rational discourse, adherence to any such principles, criteria, and rules does not seem compatible with the radical character of his skepticism. Hence, if the Pyrrhonist does endorse them, one must (...)
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  49. The Present and Future of Judgement Aggregation Theory. A Law and Economics Perspective.Philippe Mongin - forthcoming - In Jean-François Laslier, Hervé Moulin, Remzi Sanver & William S. Zwicker (eds.), The Future of Economic Design. New York: Springer.
    This chapter briefly reviews the present state of judgment aggregation theory and tentatively suggests a future direction for that theory. In the review, we start by emphasizing the difference between the doctrinal paradox and the discursive dilemma, two idealized examples which classically serve to motivate the theory, and then proceed to reconstruct it as a brand of logical theory, unlike in some other interpretations, using a single impossibility theorem as a key to its technical development. In the prospective part, having (...)
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  50. The Current State of Medical School Education in Bioethics, Health Law, and Health Economics.Govind C. Persad, Linden Elder, Laura Sedig, Leonardo Flores & Ezekiel J. Emanuel - 2008 - Journal of Law, Medicine and Ethics 36 (1):89-94.
    Current challenges in medical practice, research, and administration demand physicians who are familiar with bioethics, health law, and health economics. Curriculum directors at American Association of Medical Colleges-affiliated medical schools were sent confidential surveys requesting the number of required hours of the above subjects and the years in which they were taught, as well as instructor names. The number of relevant publications since 1990 for each named instructor was assessed by a PubMed search.In sum, teaching in all three subjects combined (...)
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