Results for 'the zeroth law'

1000+ found
Order:
  1.  40
    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 law of (...)
    Download  
     
    Export citation  
     
    Bookmark  
  2. Moral Uncertainty and the Criminal Law.Christian Barry & Patrick Tomlin - 2019 - In Kimberly Ferzan & Larry Alexander (eds.), Handbook of Applied Ethics and the Criminal Law. New York: Palgrave.
    In this paper we introduce the nascent literature on Moral Uncertainty Theory and explore its application to the criminal law. Moral Uncertainty Theory seeks to address the question of what we ought to do when we are uncertain about what to do because we are torn between rival moral theories. For instance, we may have some credence in one theory that tells us to do A but also in another that tells us to do B. We examine how we might (...)
    Download  
     
    Export citation  
     
    Bookmark  
  3. 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?
    Download  
     
    Export citation  
     
    Bookmark  
  4. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  5. Breaking the Law Under Competitive Pressure.Robert Hughes - 2019 - Law and Philosophy 38 (2):169-193.
    When a business has competitors that break a burdensome law, is it morally required to obey this law, or may it break the law to avoid an unfair competitive disadvantage? Though this ethical question is pervasive in the business world, many non-skeptical theories of the obligation to obey the law cannot give it a clear answer. A broadly Kantian account, by contrast, can explain why businesspeople ought to obey laws of a certain type even under competitive pressure, namely laws that (...)
    Download  
     
    Export citation  
     
    Bookmark  
  6. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  7.  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 (...)
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
  8. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  9.  3
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  10. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  11.  40
    Disagreement About the Kind Law.Muhammad Ali Khalidi & Liam Murphy - forthcoming - Jurisprudence:1-16.
    This paper argues that the disagreement between positivists and nonpositivists about law is substantive rather than merely verbal, but that the depth and persistence of the disagreement about law, unlike for the case of morality, threatens skepticism about law. The range of considerations that can be brought to bear to help resolve moral disagreements is broader than is the case for law, thus improving the prospects of reconciliation in morality. But the central argument of the paper is that law, unlike (...)
    Download  
     
    Export citation  
     
    Bookmark  
  12. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  13. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  14. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  15.  13
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  16. AGI and the Knight-Darwin Law: Why Idealized AGI Reproduction Requires Collaboration.Samuel Alexander - forthcoming - In International Conference on Artificial General Intelligence. Springer.
    Can an AGI create a more intelligent AGI? Under idealized assumptions, for a certain theoretical type of intelligence, our answer is: “Not without outside help”. This is a paper on the mathematical structure of AGI populations when parent AGIs create child AGIs. We argue that such populations satisfy a certain biological law. Motivated by observations of sexual reproduction in seemingly-asexual species, the Knight-Darwin Law states that it is impossible for one organism to asexually produce another, which asexually produces another, and (...)
    Download  
     
    Export citation  
     
    Bookmark  
  17.  77
    Law and the Entitlement to Coerce.Robert C. Hughes - 2013 - In Wilfrid J. Waluchow & Stefan Sciaraffa (eds.), Philosophical Foundations of the Nature of Law. Oxford University Press. pp. 183.
    Many assume that whenever government is entitled to make a law, it is entitled to enforce that law coercively. I argue that the justification of legal authority and the justification of governmental coercion come apart. Both in ideal theory and in actual human societies, governments are sometimes entitled to make laws that they are not entitled to enforce coercively.
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  18. David Hume and the Common Law of England.Neil McArthur - 2005 - Journal of Scottish Philosophy 3 (1):67-82.
    David Hume’s legal theory has normally been interpreted as bearing close affinities to the English common law theory of jurisprudence. I argue that this is not accurate. For Hume, it is the nature and functioning of a country’s legal system, not the provenance of that system, that provides the foundation of its authority. He judges government by its ability to protect property in a reliable and equitable way. His positions on the role of equity in the law, on artificial reason (...)
    Download  
     
    Export citation  
     
    Bookmark  
  19.  59
    Fichte's Deduction of the Moral Law.Owen Ware - 2019 - In Steven Hoeltzel (ed.), Palgrave Fichte Handbook. Palgrave. pp. 239-256.
    It is often assumed that Fichte's aim in Part I of the System of Ethics is to provide a deduction of the moral law, the very thing that Kant – after years of unsuccessful attempts – deemed impossible. On this familiar reading, what Kant eventually viewed as an underivable 'fact' (Factum), the authority of the moral law, is what Fichte traces to its highest ground in what he calls the principle of the 'I'. However, scholars have largely overlooked a passage (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  20. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  21.  36
    Risk-Driven Global Compliance Regimes in Banking and Accounting: The New Law Merchant.James Franklin - 2005 - Law, Probability and Risk 4 (4):237-250.
    Powerful, technically complex international compliance regimes have developed recently in certain professions that deal with risk: banking (the Basel II regime), accountancy (IFRS) and the actuarial profession. The need to deal with major risks has acted as a strong driver of international co-operation to create enforceable international semilegal systems, as happened earlier in such fields as international health regulations. This regulation in technical fields contrasts with the failure of an international general-purpose political and legal regime to develop. We survey the (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark   2 citations  
  22. Accessing the Moral Law Through Feeling.Owen Ware - 2015 - Kantian Review 20 (2):301-311.
    In this article I offer a critical commentary on Jeanine Grenberg’s claim that, by the time of the second Critique, Kant was committed to the view that we only access the moral law’s validity through the feeling of respect. The issue turns on how we understand Kant’s assertion that our consciousness of the moral law is a ‘fact of reason’. Grenberg argues that all facts must be forced, and anything forced must be felt. I defend an alternative interpretation, according to (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  23.  50
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  24. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  25. Law, Liberalism and the Common Good.Jacqueline A. Laing - 2004 - In D. S. Oderberg & Chappell T. D. J. (eds.), Human Values: New Essays on Ethics and Natural Law. Palgrave-Macmillan.
    There is a tendency in contemporary jurisprudence to regard political authority and, more particularly, legal intervention in human affairs as having no justification unless it can be defended by what Laing calls the principle of modern liberal autonomy (MLA). According to this principle, if consenting adults want to do something, unless it does specific harm to others here and now, the law has no business intervening. Harm to the self and general harm to society can constitute no justification for legal (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark   3 citations  
  26.  61
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  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 (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  28.  83
    Reconsidering Rape: Rethinking the Conceptual Foundations of Rape Law.John Bogart - 1995 - Canadian Journal of Law and Jurisprudence 8 (1):159-82.
    Argument about changes in the law of rape are logically dependent upon a prior definitional account. For any legal definition of an act, one can sensibly ask if that definition is right. To know whether the law is sound, one must first understand of what it is that the definition is a definition. For many parts of the criminal law, and the law of rape is one, the definitions on which the law moves are concepts perfectly accessible outside and apart (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  29. Responsibility, Authority, and the Community of Moral Agents in Domestic and International Criminal Law.Ryan Long - 2014 - International Criminal Law Review 14 (4-5):836 – 854.
    Antony Duff argues that the criminal law’s characteristic function is to hold people responsible. It only has the authority to do this when the person who is called to account, and those who call her to account, share some prior relationship. In systems of domestic criminal law, this relationship is co-citizenship. The polity is the relevant community. In international criminal law, the relevant community is simply the moral community of humanity. I am sympathetic to his community-based analysis, but argue that (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  30.  77
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  31. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  32. A Cognitive Neuroscience Framework for Understanding Causal Reasoning and the Law.Jonathan A. Fugelsang & Kevin N. Dunbar - 2006 - In Semir Zeki & Oliver Goodenough (eds.), Law and the Brain. Oxford University Press. pp. 157--166.
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  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 (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  34. The Duty to Disregard the Law.Michael Huemer - manuscript
    In the practice of jury nullification, a jury votes to acquit a defendant in disregard of the factual evidence, on the grounds that a conviction would result in injustice, either because the law itself is unjust or because its application in the particular case would be unjust. The practice is widely condemned by courts, which strenuously attempt to prevent it. Nevertheless, the arguments against jury nullification are surprisingly weak. I argue that, pursuant to the general ethical duty to avoid causing (...)
    Download  
     
    Export citation  
     
    Bookmark  
  35. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   12 citations  
  36. 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.
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
  37. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  38. 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). (...)
    Download  
     
    Export citation  
     
    Bookmark   9 citations  
  39.  79
    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 (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  40. 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, (...)
    Download  
     
    Export citation  
     
    Bookmark   21 citations  
  41. The Binding Force of Nascent Norms of International Law.Anthony R. Reeves - 2014 - Canadian Journal of Law and Jurisprudence 28 (1):145-166.
    Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. Nascent norms of (...)
    Download  
     
    Export citation  
     
    Bookmark  
  42. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  43. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  44. 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.
    Download  
     
    Export citation  
     
    Bookmark  
  45. In Incognito: The Principle of Double Effect in American Constitutional Law.Edward C. Lyons - 2005 - Florida Law Review 57 (3):469-563.
    Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by the (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark   1 citation  
  46. Elementy prawnonaturalne w stosowaniu Konstytucji RP [Natural-Law Elements in Application of the Constitution of the Republic of Poland].Marek Piechowiak - 2009 - Przegląd Sejmowy 17 (5 (94)):71-90.
    Recognizing inherent and inalienable nature of dignity and universality of certain values, the Constitution of the Republic of Poland, introduces to the foundations of Polish legal system some elements of natural law which may be used for application of the Basic Law. Constitutional recognition of these elements only makes sense on the assumption of their cognizability. Therefore, as an important element of constitutional concept of natural law is taken the recognition of the argument of cognitivism according to which moral assessments (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  47. 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 (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  48.  47
    Natural Law and the Natural Environment: Pope Benedict XVI's Vision Beyond Utilitarianism and Deontology.Michael Baur - 2013 - In Tobias Winwright & Jame Schaefer (eds.), Environmental Justice and Climate Change: Assessing Pope Benedict XVI's Ecological Vision for the Catholic Church in the United States. Lanham, MD 20706, USA: pp. 43-57.
    In his 2009 encyclical letter Caritas in Veritate, Pope Benedict XVI calls for a deeper, theological and metaphysical evaluation of the category of “relation” to achieve a proper understanding of the human being’s “transcendent dignity.” For some contemporary thinkers, this position might seem to be hopelessly paradoxical or even incoherent. After all, many contemporary thinkers are apt to believe that the human creature can have “transcendent dignity” only if the being and goodness of the human creature is not conditioned by (...)
    Download  
     
    Export citation  
     
    Bookmark  
  49. The Role of Causation in Decision of Tort Law.Robert C. Robinson - 2010 - Journal of Law, Development and Politics 1 (2).
    Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that the three key concepts are neither necessary, nor sufficient, for tort.
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  50. 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 (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
1 — 50 / 1000