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Nature of Law, Misc

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  1. 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 (...)
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  2. H. G. Callaway (2011). Alexander James Dallas: An Exposition of the Causes and Character of the War. An Annotated Edition. Dunedin Academic Press.
    Alexander James Dallas' An Exposition of the Causes and Character of the War was written as part of an effort by the then US government to explain and justify its declaration of war in 1812. However publication coincided with the ratification of the Treaty of Ghent, which ended the War. The Exposition is especially interesting for the insight it provides into the self-constraint of American foreign policy and of the conduct of a war. The focus is on the foreign policy (...)
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  3. Kenneth M. Ehrenberg (2007). The Ideal and Non-Ideal in Behavior Guidance: Reflections on Law and Buddhism in Conversation with the Dalai Lama. Buffalo Law Review 55:675-679.
    Highlighting the distinct approaches to behavior guidance employed by law and aspirational religious institutions like Buddhism, focusing on the work of Lon Fuller. There is importance to both baseline or duty-centered rules such as found primarily in criminal law and deontic morality, as well as aspirational guidance principles that are found in religious law, virtue ethics, and sometimes seen in civil law. However, the specific assumptions and aims of these two modes of guidance must be harmonized to be effective.
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  4. Pavlos Eleftheriadis (forthcoming). The Law of Laws. Transnational Legal Theory 1 (3).
    How can legal orders coexist? Contemporary lawyers and philosophers frequently accept that a legal system operates under its own terms and is shaped by its own participants. Any problems posed by the plurality of legal orders in the world are to be dealt with by each legal order separately. So persons that are caught in transnational disputes because they are subject to two or more jurisdictions, have recourse to private international law, which is always part of domestic law, i.e. the (...)
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  5. Joseph S. Fulda (2007). Internet Stings Directed at Pedophiles: A Study in Philosophy and Law. Sexuality and Culture 11 (1):52-98.
    This article is intended to, in Sections I and II, flesh out and put within a metaphilosophical framework the theoretical argument first made in 2002 in “Do Internet Stings Directed at Pedophiles Capture Offenders or Create Offenders? And Allied Questions” (Sexuality & Culture 6(4): 73–100), with some modifications (See note 14). Where there are differences, I stand by this version as the final version of the argument. Section III addresses three experimental or empirical studies which might be thought to contradict (...)
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  6. Joseph S. Fulda (1999). Can One Really Reason About Laws? Computers and Society 29 (2):31.
    This is a review article of Tokuyasu Kakuta, Makoto Haraguchi, and Yoshiaki Okubo, “A Goal-Dependent Abstraction for Legal Reasoning by Analogy,” /Artificial Intelligence and Law/ 5(March 1997): 97-118.
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  7. George Pavlakos (2009). Practice, Reasons, and the Agent's Point of View. Ratio Juris 22 (1):74-94.
    Positivism, in its standard outlook, is normative contextualism: If legal reasons are content-independent, then their content may vary with the context or point of view. Despite several advantages vis-à-vis strong metaphysical conceptions of reasons, contextualism implies relativism, which may lead further to the fragmentation of the point of view of agency. In his Oxford Hart Lecture, Coleman put forward a fresh account of the moral semantics of legal content, one that lays claim to preserving the unity of agency while retaining (...)
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  8. Joseph Raz (2005). Can There Be a Theory of Law? In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Blackwell Pub..
    The paper deals with the possibility of a theory of the nature of law as such, a theory which will be necessarily true of all law. It explores the relations between explanations of concepts and of the things they are concepts of, the possibility that the law has essential properties, and the possibility that the law changes its nature over time, and that what is law at a given place and time depends on the culture and concepts of that place (...)
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  9. David-Hillel Ruben (1972). Positive and Natural Law Revisited. The Modern Schoolman 49 (May):295-317.
    The debate between Lon Fuller and HLA Hart on the nature of law rests on two views on the connection between law and having a reason for action. Fuller's assumes that to say that something is a law is by itself reason-providing; Hart's view must deny this. If we can identify whether something is a law purely by descriptive criteria, then for something to be a law should not by itself provide an agent with any reason for action, however weak.
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  10. Lawrence B. Solum (2009). The Aretaic Turn in American Philosophy of Law. In Francis J. Mootz (ed.), On Philosophy in American Law. Cambridge University Press.
    This essay explores the development of "virtue jurisprudence," a general theory of law that draws on ideas developed in virtue ethics.
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  11. Lawrence B. Solum (2007). Natural Justice : An Aretaic Account of the Virtue of Lawfulness. In Colin Patrick Farrelly & Lawrence B. Solum (eds.), Virtue Jurisprudence. Palgrave Macmillan.
    Justice is a natural virtue. Well-functioning humans are just, as are well-ordered human societies. Roughly, this means that in a well-ordered society, just humans internalize the laws and social norms (the nomoi) - they internalize lawfulness as a disposition that guides the way they relate to other humans. In societies that are mostly well-ordered, with isolated zones of substantial dysfunction, the nomoi are limited to those norms that are not clearly inconsistent with the function of law - to create the (...)
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  12. François Tanguay-Renaud (2010). The Intelligibility of Extralegal State Action: A General Lesson for Debates on Public Emergencies and Legality. Legal Theory 16 (3):161-189.
    Some legal theorists deny that states can conceivably act extra-legally, in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen, and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and, ultimately, contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.
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