This category needs an editor. We encourage you to help if you are qualified.
Volunteer, or read more about what this involves.
Related categories
Subcategories:
288 found
Search inside:
(import / add options)   Sort by:
1 — 50 / 288
Material to categorize
  1. Aulis Aarnio (1998). On Collective Actions. Some Remarks on the Theory of Legal Actions. Ratio Juris 11 (1):1-11.
    Remove from this list | Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  2. Aulis Aarnio (1989). On the Legitimacy of Law: A Conceptual Point of View. Ratio Juris 2 (2):202-210.
    Remove from this list | Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  3. Matthew D. Adler & Eric A. Posner (eds.) (2001). Cost-Benefit Analysis: Legal, Economic, and Philosophical Perspectives. University of Chicago Press.
    Cost-benefit analysis is a widely used governmental evaluation tool, though academics remain skeptical. This volume gathers prominent contributors from law, economics, and philosophy for discussion of cost-benefit analysis, specifically its moral foundations, applications and limitations. This new scholarly debate includes not only economists, but also contributors from philosophy, cognitive psychology, legal studies, and public policy who can further illuminate the justification and moral implications of this method and specify alternative measures. These articles originally appeared in the Journal of Legal Studies. (...)
    Remove from this list |
     
    My bibliography  
     
    Export citation  
  4. Larry Alexander (2012). Legal Objectivity and the Illusion of Legal Principles. In Matthias Klatt (ed.), Institutionalized Reason: The Jurisprudence of Robert Alexy. Oxford University Press.
    Remove from this list |
     
    My bibliography  
     
    Export citation  
  5. Larry Alexander (1996). Affirmative Duties and the Limits of Self-Sacrifice. Law and Philosophy 15 (1):65 - 74.
    American criminal law reflects the absence of any general duty of Good Samaritanism. Nonetheless, there are some circumstances in which it imposes affirmative duties to aid others. In those circumstances, however, the duty to aid is canceled whenever aiding subjects the actor to a certain level of risk or sacrifice, a level that can be less than the risk or sacrifice faced by the beneficiary if not aided. In this article, I demonstrate that this approach to limiting affirmative duties to (...)
    Remove from this list | Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  6. Zenon Bankowski (1991). The Institution of Law. Ratio Juris 4 (1):79-85.
    Remove from this list | Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  7. N. W. Barber (2004). Must Legalistic Conceptions of the Rule of Law Have a Social Dimension? Ratio Juris 17 (4):474-488.
    Remove from this list | Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  8. Sonu Bedi (2011). Expressive Exclusion: A Defense. Journal of Moral Philosophy 7 (4):427-440.
    Central to the freedom of association is the freedom to exclude. In fact, American constitutional law permits associations to discriminate on otherwise prohibited grounds, a principle of expressive discrimination or what I call "expressive exclusion." However, we lack a complete normative defense of it. Too often, expressive exclusion is justifi ed as a simple case of religious accommodation, or a simple case of freedom of association or speech—justifi cations that are defi cient. I argue that expressive exclusion is essential in (...)
    Remove from this list | Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  9. Carolyn Benson & Julian Fink (2012). Legal Oughts, Normative Transmission, and the Nazi Use of Analogy. Jurisprudence 3 (2):445-463.
    In 1935, the Nazi government introduced what came to be known as the abrogation of the pro- hibition of analogy. This measure, a feature of the new penal law, required judges to stray from the letter of the written law and to consider instead whether an action was worthy of pun- ishment according to the ‘sound perception of the people’ and the ‘underlying principle’ of existing criminal statutes. In discussions of Nazi law, an almost unanimous conclusion is that a system (...)
    Remove from this list |
    Translate to English
    | Direct download  
     
    My bibliography  
     
    Export citation  
  10. Kenneth R. Westphal (2002). ‘A Kantian Justification of Possession’. In M. Timmons (ed.), Kant’s Metaphysics of Ethics: Interpretive Essays. Oxford.
    Kant’s justification of possession appears to assume rather than prove its legitimacy. This apparent question-begging has been recapitulated or exacerbated but not resolved in the literature. However, Kant provides a sound justification of limited rights to possess and use things (qualified choses in possession), not of private property rights. Kant’s argument is not purely a priori; it is in Kant’s Critical sense ‘metaphysical’ because it applies the pure a priori ‘Universal Principles of Right’ to the concept of finite rational human (...)
    Remove from this list |
     
    My bibliography  
     
    Export citation  
Legal Authority
  1. Jonny Anomaly & Geoffrey Brennan (2014). Social Norms, The Invisible Hand, and the Law. University of Queensland Law Journal 33 (2).
  2. M. Baurmann (2000). Legal Authority as a Social Fact. Law and Philosophy 19 (2):247-262.
    From a sociological point of view, the conceptual and logical relations between the norms of legal order represent empirical and causal relations between social actors. The claim that legal authority is based on the validity of empowering norms means, sociologically, that the capability to enact and enforce legal norms is based on an empirical transfer of power from one social actor to another. With this process, sociology has to explain how a proclamation of legal rights by the creation of empowering (...)
    Remove from this list | Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  3. Richard J. Bonnie, Stephanie Wright & Kelly K. Dineen (2008). Legal Authority to Preserve Organs in Cases of Uncontrolled Cardiac Death: Preserving Family Choice. Journal of Law, Medicine and Ethics 36 (4):741-751.
    Remove from this list | Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  4. Thom Brooks (2004). The Right to Trial by Jury. Journal of Applied Philosophy 21 (2):197–212.
    This article offers a justification for the continued use of jury trials. I shall critically examine the ability of juries to render just verdicts, judicial impartiality, and judicial transparency. My contention is that the judicial system that best satisfies these values is most preferable. Of course, these three values are not the only factors relevant for consideration. Empirical evidence demonstrates that juries foster both democratic participation and public legitimation of legal decisions regarding the most serious cases. Nevertheless, juries are costly (...)
    Remove from this list | Direct download (7 more)  
     
    My bibliography  
     
    Export citation  
  5. Turhan Canli, Susan Brandon, William Casebeer, Philip J. Crowley, Don DuRousseau, Henry T. Greely & Alvaro Pascual-Leone (2007). Neuroethics and National Security. American Journal of Bioethics 7 (5):3 – 13.
  6. Turhan Canli, Susan Brandon, William Casebeer, Philip J. Crowley, Don DuRousseau, Henry T. Greely & Alvaro Pascual-Leones (2007). Response to Open Peer Commentaries on "Neuroethics and National Security". American Journal of Bioethics 7 (5):W1 – W3.
    Remove from this list | Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  7. Pavlos Eleftheriadis (forthcoming). Citizenship and Obligation. In Julie Dickson & Pavlos Eleftheriadis (eds.), Philosophical Foundations of European Union Law. Oxford University Press.
    Many political philosophers believe that we owe moral obligations to our political communities simply because we are asked. We are, for example to pay taxes, or serve in the army whenever we are demanded to do so by the competent authorities or agencies. Can such moral obligations be created by European Union institutions? This essay discusses the natural duty of justice to support just or nearly just political institutions as defended by John Rawls and Jeremy Waldron. It suggests that European (...)
    Remove from this list |
    Translate to English
    | Direct download  
     
    My bibliography  
     
    Export citation  
  8. Evan Fox-Decent, Fashioning Legal Authority From Power: The Crown-Native Fiduciary Relationship.
    The prevailing view in Canada of the Crown-Native fiduciary relationship is that it arose as a consequence of the Crown taking on the role of intermediary between First Nations and British settlers eager to acquire Aboriginal lands. First Nations are sometimes deemed to have surrendered their sovereignty in exchange for Crown protection. The author suggests that the sovereignty-for-protection argument does not supply a compelling account of how Aboriginal peoples lost their sovereignty to the Crown. Furthermore, Aboriginal treaties compel the courts (...)
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  9. Evan Fox-Decent, The Fiduciary Nature of State Legal Authority.
    The fundamental interaction that triggers a fiduciary obligation is the exercise by one party of discretionary power of an administrative nature over another party's interests, where the latter party is unable, as a matter of fact or law, to exercise the fiduciary's power. The goal of this paper is to demonstrate that there is something "deeply fiduciary" about the interaction between a state and its subjects. The fiduciary nature of this relationship provides the justification for the state's legal authority and (...)
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  10. Tatjana Gajic (2008). Francoist Legality: On the Crisis of Authority and the Limits of Liberalism in Jesús Fueyo and José Ortega y Gasset. The European Legacy 13 (2):161-174.
    This paper focuses on a crucial and insufficiently examined issue of the conflict between legality and legitimacy, seen as a key element in securing continuity and providing the intellectual justification of the Francoist regime. Without analyzing the tension between legality and legitimacy, it is impossible to comprehend and successfully dismantle the thesis of the regime's intellectuals, recently revitalized by revisionist historians, according to which Francoism succeeded in re-establishing historical continuity and political normalcy in Spanish society. In the context of the (...)
    Remove from this list | Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  11. William Gay (1980). Justification of Legal Authority: Phenomenology Vs Critical Theory. Journal of Social Philosophy 11 (2):1-10.
    Remove from this list | Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  12. Leslie Green (1990). The Authority of the State. Clarendon Press.
    The modern state claims supreme authority over the lives of all its citizens. Drawing together political philosophy, jurisprudence, and public choice theory, this book forces the reader to reconsider some basic assumptions about the authority of the state. -/- Various popular and influential theories - conventionalism, contractarianism, and communitarianism - are assessed by the author and found to fail. Leslie Green argues that only the consent of the governed can justify the state's claims to authority. While he denies that there (...)
    Remove from this list |
     
    My bibliography  
     
    Export citation  
  13. Alexander A. Guerrero (2012). Lawyers, Context, and Legitimacy: A New Theory of Legal Ethics. Georgetown Journal of Legal Ethics 25 (1):107-164.
    Even good lawyers get a bad rap. One explanation for this is that the professional rules governing lawyers permit and even require behavior that strikes many as immoral. The standard accounts of legal ethics that seek to defend these professional rules do little to dispel this air of immorality. The revisionary accounts of legal ethics that criticize the professional rules inject a hearty dose of morality, but at the cost of leaving lawyers unrecognizable as lawyers. This article suggests that the (...)
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  14. Susan Haack (2009). Irreconcilable Differences? The Troubled Marriage of Science and Law. Law and Contemporary Problems 72 (1).
    Because its business is to resolve disputed issues, the law very often calls on those fields of science where the pressure of commercial interests is most severe. Because the legal system aspires to handle disputes promptly, the scientific questions to which it seeks answers will often be those for which all the evidence is not yet in. Because of its case-specificity, the legal system often demands answers of a kind science is not well-equipped to supply; and, for related reasons, constitutes (...)
    Remove from this list |
    Translate to English
    | Direct download  
     
    My bibliography  
     
    Export citation  
  15. Jaap Hage & Aleksander Peczenik (2000). Law, Morals and Defeasibility. Ratio Juris 13 (3):305-325.
  16. Chad Kautzer (2005). Utilitarian Topographies of the Public. In Gary Backhaus (ed.), Lived Topographies. Lexington Books. 163-82.
  17. Anthony Reeves (2014). The Binding Force of Nascent Norms of International Law. 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 (...)
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  18. Anthony Reeves (2011). Judicial Practical Reason: Judges in Morally Imperfect Legal Orders. Law and Philosophy 30 (3):319-352.
    I here address the question of how judges should decide questions before a court in morally imperfect legal systems. I characterize how moral considerations ought inform judicial reasoning given that the law may demand what it has no right to. Much of the large body of work on legal interpretation, with its focus on legal semantics and epistemology, does not adequately countenance the limited legitimacy of actual legal institutions to serve as a foundation for an ethics of adjudication. I offer (...)
    Remove from this list | Direct download (7 more)  
     
    My bibliography  
     
    Export citation  
  19. Anthony Reeves (2010). The Moral Authority of International Law. APA Newsletter on Philosophy and Law 10 (1):13-18.
    How should international law figure into the practical reasoning of agents who fall under its jurisdiction? How should the existence of an international legal norm regulating some activity affect a subject’s decision-making about that activity? This is a question concerning the general moral authority of international law. It concerns not simply the kind of authority international law claims, but the character of the authority it actually has. An authority, as I will use the term, is moral obligation producing: if x (...)
    Remove from this list |
    Translate to English
    | Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  20. Re'em Segev (2013). The Argument for (Living) Originalism: Comments on Jack Balkin's Theory of Constitutional Interpretation. Jerusalem Review of Legal Studies.
    In this comment I consider Jack Balkin’s general argument for his method of constitutional interpretation – the question of why interpret (the United States Constitution) in this way (as presented in his book Living Originalism). I contrast this question with the way in which the conclusion of this argument should be implemented with regard to specific clauses – the question of how to interpret (the United States Constitution). While the former question is concerned with the general form of the argument, (...)
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  21. François Tanguay-Renaud (2012). Individual Emergencies and the Rule of Criminal Law. In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing.
  22. Bas van der Vossen (2012). The Asymmetry of Legitimacy. Law and Philosophy 31 (5):565-592.
    State legitimacy is often said to have two aspects: an internal and an external one. Internally, a legitimate state has the right to rule over its subjects. Externally, it has a right that outsiders not interfere with its domestic governance. But what is the relation between these two aspects? In this paper, I defend a conception of legitimacy according to which these two aspects are related in an importantly asymmetrical manner. In particular, a legitimate state’s external right to rule affords (...)
    Remove from this list | Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  23. Bas van der Vossen (2011). Assessing Law's Claim to Authority. Oxford Journal of Legal Studies 31 (3):481-501.
    The idea that law claims authority (LCA) has recently been forcefully criticized by a number of authors. These authors present a new and intriguing objection, arguing that law cannot be said to claim authority if such a claim is not justified. That is, these authors argue that the view that law does not have authority viciously conflicts with the view that law claims authority. I will call this the normative critique of LCA. In this article, I assess the normative critique (...)
    Remove from this list | Direct download (7 more)  
     
    My bibliography  
     
    Export citation  
Political Obligation
  1. S. Aiyar (2000). The Problem of Law's Authority: John Finnis and Joseph Raz on Legal Obligation. [REVIEW] Law and Philosophy 19 (4):465-489.
    Remove from this list | Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  2. Arthur Isak Applbaum (2010). Legitimacy Without the Duty to Obey. Philosophy and Public Affairs 38 (3):215-239.
    Remove from this list | Direct download (10 more)  
     
    My bibliography  
     
    Export citation  
  3. Richard J. Arneson, Consent.
    The Lockean natural rights tradition—including its libertarian branch-- is a work in progress.1 Thirty years after the publication of Anarchy, State, and Utopia, Robert Nozick’s classic work of political theory is still regarded by academic philosophers as the authoritative statement of right-wing libertarian Lockeanism in the Ayn Rand mold.2 Despite the classic status of this great book, its tone is not at all magisterial, but improvisational, quirky, tentative, and exploratory. Its author has more questions than answers. On some central foundational (...)
    Remove from this list | Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  4. Marcus Arvan (2009). In Defense of Discretionary Association Theories of Political Legitimacy: Reply to Buchanan. Journal of Ethics and Social Philosophy.
    Allen Buchanan has argued that a widely defended view of the nature of the state – the view that the state is a discretionary association for the mutual advantage of its members – must be rejected because it cannot adequately account for moral requirements of humanitarian intervention. This paper argues that Buchanan’s objection is unsuccessful,and moreover, that discretionary association theories can preserve an important distinction that Buchanan’s alternative approach to political legitimacy cannot: the distinction between “internal” legitimacy (a state’s ability (...)
    Remove from this list | Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  5. Tongdong Bai (2010). What to Do in an Unjust State?: On Confucius's and Socrates's Views on Political Duty. [REVIEW] Dao: A Journal of Comparative Philosophy 9 (4):375-390.
    Confucius argued for the centrality of the superior man’s political duty to his fellow human beings and to the state, while Socrates suggested that the superior man (the philosopher) may have no such political duty. However, Confucius also suggested that one not enter or stay—let alone save—a troubled state, while Socrates stayed in an unjust state, apparently fulfilling his political duty to the state by accepting an unjust verdict. In this essay, I will try to show how Confucius could solve (...)
    Remove from this list | Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  6. W. Macmahon Ball (1931). The Limits of Political Obligation. International Journal of Ethics 41 (3):296-304.
    Remove from this list | Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  7. Randy Barnett (1977). Whither Anarchy? Has Robert Nozick Justified the State? Journal of Libertarian Studies 1 (1):15-21.
    Remove from this list | Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  8. Steve Beackon & Andrew Reeve (1976). The Benefits of Reasonable Conduct: The Leviathan Theory of Obligation. Political Theory 4 (4):423-438.
  9. Charles R. Beitz (1980). Tacit Consent and Property Rights. Political Theory 8 (4):487-502.
    Remove from this list | Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  10. John G. Bennett (1979). A Note on Locke's Theory of Tacit Consent. Philosophical Review 88 (2):224-234.
    Remove from this list | Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  11. Harry Beran (1977). In Defense of the Consent Theory of Political Obligation and Authority. Ethics 87 (3):260-271.
    Remove from this list | Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  12. Harry Beran (1976). Political Obligation and Democracy. Australasian Journal of Philosophy 54 (3):250 – 254.
    Remove from this list | Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  13. William S. Boardman (1987). Coordination and the Moral Obligation to Obey the Law. Ethics 97 (3):546-557.
    Remove from this list | Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  14. Aryeh Botwinick (1981). Politics in a World of Scarcity: Theories of Justice and Political Obligation. Journal of Social Philosophy 12 (3):7-15.
    Remove from this list | Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  15. Jeffrey Brand-Ballard (2010). Limits of Legality: The Ethics of Lawless Judging. Oxford University Press.
    Introduction -- Practical reasons and judicial use of force -- Deviating from legal standards -- The legal duties of judges -- The normative classification of legal results -- Reasons to deviate -- Adherence rules -- Obeying adherence rules -- The judicial oath -- Legal duty and political obligation -- Systemic effects -- Agent-relative principles -- Optimal adherence rules -- Guidance rules -- Treating like cases alike -- Implementation -- Theoretical implications -- Conclusion.
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  16. Nathan Brett (2008). Is There a Duty to Obey the Law? - By Christopher Heath Wellman and A. John Simmons. Philosophical Books 49 (1):86-88.
    Remove from this list | Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  17. Kimberley Brownlee (2008). Legal Obligation as a Duty of Deference. Law and Philosophy 27 (6):583 - 597.
    An enduring question in political and legal philosophy concerns whether we have a general moral obligation to follow the law. In this paper, I argue that Philip Soper’s intuitively appealing effort to give new life to the idea of legal obligation by characterising it as a duty of deference is ultimately unpersuasive. Soper claims that people who understand what a legal system is and admit that it is valuable must recognise that they would be morally inconsistent to deny that they (...)
    Remove from this list | Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
1 — 50 / 288