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  1. Antoni Abad I. Ninet & Josep Monserrat Molas (2009). Habermas and Ackerman: A Synthesis Applied to the Legitimation and Codification of Legal Norms. Ratio Juris 22 (4):510-531.
    In this article we consider certain elements of the normative theory of Jürgen Habermas in the light of the proposals of Bruce Ackerman, with a view to strengthening a concept of deliberative democracy applied to the legitimation of juridical rules. We do not construct a hierarchy of the two positions, but seek to bring together certain elements to achieve a common project. As the starting point for examining the work of the two authors, we take the scheme proposed by Habermas (...)
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  2. Antoni Abad I. Ninet & Josep Monserrat Molas (2009). Habermas and Ackerman: A Synthesis Applied to the Legitimation and Codification of Legal Norms. Ratio Juris 22 (4):510-531.
    In this article we consider certain elements of the normative theory of Jürgen Habermas in the light of the proposals of Bruce Ackerman, with a view to strengthening a concept of deliberative democracy applied to the legitimation of juridical rules. We do not construct a hierarchy of the two positions, but seek to bring together certain elements to achieve a common project. As the starting point for examining the work of the two authors, we take the scheme proposed by Habermas (...)
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  3. Jami L. Anderson (1999). Annulment Retributivism: A Hegelian Theory of Punishment. Cambridge University Press 5 (4):363-388.
    Despite the bad press that retributivism often receives, the basic assumptions on which this theory of punishment rests are generally regarded as being attractive and compelling. First of these is the assumption that persons are morally responsible agents and that social practices, such as criminal punishment, must acknowledge that fact. Additionally, retributivism is committed to the claim that punishment must be proportionate to the crime, and not determined by such utilitarian concerns as the welfare of society, (...)
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  4. Scott Anderson (2009). Rationalizing Indirect Guilt. Vermont Law Review 33 (3):519-550.
  5. Rani Lill Anjum & Stephen Mumford, With Great Power Comes Great Responsibility - On Causation and Responsibility in Spider-Man, and Possibly Moore. Critical Essays on "Causation and Responsibility".
  6. Simon Beck (2008). Intuitionism, Constructive Interpretation, and Cricket. Philosophical Papers 37 (2):319-331.
    This paper is a re-reading of Colin Radford's paper 'The Umpire's Dilemma', published in Analysis in 1985. It argues that Radford's dilemma has been unjustly ignored and has interesting (and problematic) implications for both intuitionism and Ronald Dworkin's constructive interpretationist jurisprudence.
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  7. Christopher Bennett, Edgar Maraguat, J. M. Pérez Bermejo, Antony Duff, J. L. Martí, Sergi Rosell & Constantine Sandis (2012). Symposium. The Apology Ritual. Teorema: International Journal of Philosophy 31 (2).
    Symposium on Christopher Bennet's The Apology Ritual. A Philosophical Theory of Punishment [Cambridge University Press, 2008].
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  8. Dieter Birnbacher & David Hommen (2012). Negative Kausalität. De Gruyter.
    „Negative Kausalität“ bezeichnet ein hochkontroverses metaphysisches Problem. Können negative Entitäten wie Abwesenheiten oder das Nicht-Eintreten bestimmter Ereignisse Ursachen oder Ursachenfaktoren sein? Diese Frage steht im Schnittpunkt einer Reihe disziplinübergreifender Grundfragen: der Frage nach dem Wesen von Kausalität, der Frage nach der Natur von Handlungen und Ereignissen und der Frage nach der Beziehung zwischen Kausalität und normativer - moralischer und rechtlicher - Verantwortlichkeit. Die vorliegende Studie entwickelt im ersten Schritt eine Konzeption von negativer Kausalität ausgehend vom Sonderfall der handlungsförmigen negativen Kausalität, (...)
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  9. Karin Boxer (2014). Hart's Senses of 'Responsibility'. In C. G. Pulman (ed.), Hart on Responsibility.
  10. David Brax & Christian Munthe (2013). Part I: Introduction to the Philosophy of Hate Crime. In The Philosophy of Hate Crime Anthology. University of Gothenburg
  11. David Brax & Christian Munthe (2013). The Philosophy of Hate Crime Anthology. University of Gothenburg.
    Introductory anthology to the philosophy of hate crime, written in the EU project "When Law and Hate Collide".
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  12. Thom Brooks (2003). Does Philosophy Deserve a Place at the Supreme Court? Rutgers Law Record 27 (1):1-17.
    This Comment demonstrates that policy judgements are not masked by philosophical references, nor do philosophers play any crucial role in contentious judicial decisions. Neomi Rao’s study is flawed for many reasons: incomplete content analysis, poor assessment of data, and an inadequate definition of philosophy. She should be criticised for hypocritically praising Court philosopher references in some instances and not others, especially with regard to the Court’s early development. This Comment searched unsuccessfully for an instance where philosophers were cited just once (...)
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  13. Paul Butler, When Judges Lie (and When They Should).
    What should a judge do when she must apply law that she believes is fundamentally unjust? The problem is as old as slavery. It is as contemporary as the debates about capital punishment and abortion rights. In a seminal essay, Robert Cover described four choices that a judge has in such cases. She can (1) apply the law even though she thinks it is immoral; (2) openly reject the law; (3) resign; or (4) subvert the law by pretending that it (...)
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  14. Gene Callahan & Leslie Marsh (2014). Themed Issue on Oakeshott. Cosmos + Taxis 1 (3).
  15. Daniel I. A. Cohen (1994). The Hate That Dare Not Speak its Name: Pornography Qua Semi-Political Speech. [REVIEW] Law and Philosophy 13 (2):195 - 239.
    In this essay we shall examine the contemporary jurisprudential thinking and legal precedents surrounding the issue of the sanctionability of pornography. We shall catalogue them by their logical presumptions, such as whether they view pornography as speech or act, whether they view pornography as obscenity, political hate-speech or anomalous other, whether they would scrutinize legislation governing pornography by a balancing of the harm of repression against the harm of permission, and who exactly they view as the victims.We shall take a (...)
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  16. Simon Critchley & William Schroeder (1996). A Companion to Continental Philosophy. In Dennis M. Patterson (ed.), Bulletin de la Société Américaine de Philosophie de Langue Française. Blackwell Publishers 76-76.
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  17. Jovana Davidovic (2015). Universal Jurisdiction and International Criminal Law. In Chad Flanders & Zach Hoskins (eds.), The New Philosophy of Criminal Law. Rowman & Littlefield 113-130.
    Davidovic asks what gives the international community the authority to punish some crimes? On one prominent view some crimes (genome, torture) are so heinous that the international community, so long as its procedures are fair, is justified in prosecuting them. Another view contends that heinousness alone is not enough to justify international prosecution: what is needed is an account of why the international community, in particular, has standing to hold the perpetrators to account. Davidovic raises concerns about both of these (...)
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  18. Sylvie Delacroix (2012). Drafting a Constitution for a "Country of Words": The Palestinian Case. Middle East Law and Governance 4 (2).
    Can words – rather than a State – constitute a country? It may be made of land, rivers, forests or deserts – yet, without its inhabitants’ words, there would be no map to draw, no tale to sing, no country to speak of. Palestinian tales abound. They speak of departed lands, vanished homes, forfeited livelihoods. They lament internal wrangling, squeal occupational anger, seek to whisper away those quotidian checkpoint humiliations. Yet, they also speak of hope. If there ever were such (...)
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  19. Sylvie Delacroix (2003). Montaigne's Inquiry Into the Sources of Normativity. Canadian Journal of Law and Jurisprudence 16 (2).
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  20. Steven M. Duncan (2013). It's Murder!(?). Seattle Critical Review (3):8-12.
    Although this piece was inspired by the kinds of legal puzzles discussed by Hart and Honore in Causation in the Law, the puzzle cases presented here are intended to test the reader's intuitions about what constitutes murder. Play along!
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  21. Ricardo Restrepo Echavarría (2014). Independencia judicial y democracia en Ecuador. In Ricardo Restrep (ed.), Pugna de poderes, crisis orgánica e independencia judicial. IAEN 121-155.
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  22. William A. Edmundson (2014). Why Legal Theory is Political Philosophy. Legal Theory 19 (4):1-16.
    The concept of law is not a theorist's invention but one that people use every day. Thus one measure of the adequacy of a theory of law is its degree of fidelity to the concept as it is understood by those who use it. That means as far as possible. There are important truisms about the law that have an evaluative cast. The theorist has either to say what would make those evaluative truisms true or to defend her choice to (...)
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  23. Kenneth M. Ehrenberg (2013). Pattern Languages & Institutional Facts: Functions & Coherence in Law. In Michał Araszkiewicz & Jaromir Savelka (eds.), Coherence: Insights from Philosophy, Jurisprudence and Artificial Intelligence. Springer 155-166.
    Under John Searle’s theory of institutional facts, the law can be understood both as an institution governed by foundational documents and practices, and as a method for creating new institutions through the codification of the assignment of functions, usually of the form ‘X counts as Y in circumstances C’. The architect Christopher Alexander’s notion of pattern languages, schematic templates for problem-solving widely adopted by computer programmers, can be developed within a legal system as a coherence constraint on the assignment of (...)
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  24. Guglielmo Feis (2013). Network Analysis Formalism and the Construction of a Traceability System for Payments. A Sketch of its Legal and Sociological Aspects. Informatica E Diritto 22 (1):281--298.
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  25. Paul Franco & Leslie Marsh (eds.) (2012). A Companion to Michael Oakeshott. Penn State.
    Michael Oakeshott has long been recognized as one of the most important political philosophers of the twentieth century, but until now no single volume has been able to examine all the facets of his wide-ranging philosophy with sufficient depth, expertise, and authority. The essays collected here cover all aspects of Oakeshott’s thought, from his theory of knowledge and philosophies of history, religion, art, and education to his reflections on morality, politics, and law. The volume provides an authoritative and synoptic guide (...)
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  26. Joseph S. Fulda (2013). The Limits of Consent. Sexuality and Culture 17 (4):659-665.
    This journal has frequently taken the position that /consent/, or at least /informed consent/, is all that from a secular viewpoint is necessary for an activity to be ethical. We argue to the contrary, that /consent/ is and /only/ is a /political/ criterion for determining /criminality/—even for a libertarian. Consensual behavior can be /unethical/—although it should not be criminalized—if the consent will never be truly revocable in the future of if such revocability is severely compromised. We give three examples, one (...)
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  27. Dean Goorden (2012). Dworkin and Phenomenology of the “Pre-Legal”? Ratio Juris 25 (3):393-408.
    Ronald Dworkin states in his preface to “Law's Empire” (1986) that he is doing a phenomenology of law. In regards to a phenomenology of law, I wish to investigate Dworkin's theory of law, and subsequently, what is left out in order for it to be considered a phenomenological account. In doing so, I will compare Dworkin's phenomenology of law to Schütz's phenomenology of the social world. The comparison between the two will illuminate what I believe is necessary for law, and (...)
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  28. Thomas F. Gordon (1995). The Pleadings Games: An Artificial Intelligence Model of Procedural Justice. Springer.
    The Pleadings Game is a major contribution to artificial intelligence and legal theory. The book draws on jurisprudence and moral philosophy to develop a formal model of argumentation called the pleadings game. From a technical perspective, the work can be viewed as an extension of recent argumentation-based approaches to non-monotonic logic: (1) the game is dialogical rather than mono-logical; (2) the validity and priority of defeasible rules is subject to debate; and (3) resource limitations are acknowledged by rules for fairly (...)
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  29. Jonathan Gorman (2003). Rights and Reason. Acumen/McGill-Queen's University Press.
    In "Rights and Reason", Jonathan Gorman sets discussion of the 'rights debate' within a wide-ranging philosophical and historical framework. Drawing on positions in epistemology, metaphysics and the theory of human nature as well as on the ideas of canonical thinkers, Gorman provides an introduction to the philosophy of rights that is firmly grounded in the history of philosophy as well as the concerns of contemporary political and legal philosophy. The book gives readers a clear sense that, just as there are (...)
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  30. Guy Haarscher (2005). Some Contemporary Trends in Continental Philosophy of Law. In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Blackwell Pub.
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  31. Jaap C. Hage, Ronald Leenes & Arno R. Lodder (1993). Hard Cases: A Procedural Approach. [REVIEW] Artificial Intelligence and Law 2 (2):113-167.
    Much work on legal knowledge systems treats legal reasoning as arguments that lead from a description of the law and the facts of a case, to the legal conclusion for the case. The reasoning steps of the inference engine parallel the logical steps by means of which the legal conclusion is derived from the factual and legal premises. In short, the relation between the input and the output of a legal inference engine is a logical one. The truth of the (...)
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  32. Ori J. Herstein (2012). Defending the Right To Do Wrong. Law and Philosophy 31 (3):343-365.
    Are there moral rights to do moral wrong? A right to do wrong is a right that others not interfere with the right-holder’s wrongdoing. It is a right against enforcement of duty, that is a right that others not interfere with one’s violation of one’s own obligations. The strongest reason for moral rights to do moral wrong is grounded in the value of personal autonomy. Having a measure of protected choice (that is a right) to do wrong is a condition (...)
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  33. Ori J. Herstein (2011). A Normative Theory of the Clean Hands Defense. Legal Theory 17 (3):171-208.
    What is the clean hands defense (CHD) normatively about? Courts designate court integrity as the CHD's primary norm. Yet, while the CHD may at times further court integrity, it is not fully aligned with court integrity. In addition to occasionally instrumentally furthering certain goods (e.g., court legitimacy, judge integrity, deterrence), the CHD embodies two judicially undetected norms: retribution and tu quoque (“you too!”). Tu quoque captures the moral intuition that wrongdoers are in no position to blame, condemn, or make claims (...)
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  34. Frank Hindriks (2010). Person as Lawyer: How Having a Guilty Mind Explains Attributions of Intentional Agency. Behavioral and Brain Sciences 33 (04):339-340.
    In criminal law, foresight betrays a guilty mind as much as intent does: both reveal that the agent is not properly motivated to avoid an illegal state of affairs. This commonality warrants our judgment that the state is brought about intentionally, even when unintended. In contrast to Knobe, I thus retain the idea that acting intentionally is acting with a certain frame of mind.
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  35. Antonio Incampo (2011). Miserere. Aesthetics of Terror. Avant: Trends in Interdisciplinary Studies 2 (2):111–118.
    I say: “Oh, what a beautiful surrealist picture!” With quite precise awareness: this páthos, these emotions of mine do not stem from our common sense. An aesthetic judgment is founded on an immediate subjective intuition: an emotion or a free feeling of a single subject towards an object. A universal sense, possibly. Some judgments of ours in ethics and in law are no different from our perceptions in front of art. It would be the same for a hypothetical sentence of (...)
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  36. Marek Jakubiec (2015). Autonomia filozofii prawa względem metafizyki w ujęciu W. Sołowjowa – zarys problematyki. Hybris (28):045-057.
    AUTONOMY OF PHILOSOPHY OF LAW IN RELATION TO METAPHYSICS IN SOLOVIOV In the present paper two issues are enunciated. The first part consists brief analysis of Soloviov's metaphysics. In the second one, main aspects of Russian philosopher's legal theory and the relation between his metaphysical and legal conceptions are presented. The aim is to indicate originality of Soloviov's thought, especially in the context of the paradigm which ruled in Russia in 19th century.
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  37. Marek Jakubiec (2013). Nieracjonalność Dyskursu Prawnego W Świetle Teorii Roberta Alexy'ego. In Społeczeństwo rozumne? O relacji między jednostkami a racjonalnością. Kraków 130-140.
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  38. Marek Jakubiec (2012). Filozofia wyboru S. Kierkegaarda i B. Spinozy a teoria prawa. Racjonalia 2:142-164.
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  39. Aleksandar Jokic (2013). Go Local: Morality and International Activism. Ethics and Global Politics 6 (1):1-24.
    A step towards constructing an ethics of international activism is proposed by formulating a series of constraints on what would constitute morally permissible agency in the context that involves delivering services abroad, directly or indirectly. Perhaps surprisingly, in this effort the author makes use of the concept of ‘force multiplier’. This idea and its official applications have explanatory importance in considering the correlation between the post-Cold War phenomenal growth in the number of international non-governmental organizations and the emergence of the (...)
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  40. Jacquelyn Kegley & Krzyszof Piotr Skowronski (eds.) (2013). Persuasion and Compulsion in Democracy. Lexington.
    This collection of essays focuses on the roles that coercion and persuasion should play in contemporary democratic political systems or societies. A number of the authors advocate new approaches to this question, offering various critiques of the dominant classical liberalism views of political justification, freedom, tolerance and the political subject. A major concern is with the conversational character of democracy. Given the problematic and ambiguous status of the many differences present in contemporary society, the authors seek to alert us to (...)
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  41. Julias Kraft (1926). Die wissenschaftliche Bedeutung der phänomenologischen Rechtsphilosophie. Kant-Studien 31 (1-3):286-296.
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  42. Volodymyr Kuznetsov (ed.) (2003). The Philosophy of Law. History and Modernity. Stylos.
    The manual represents the evolution of the concept of law from antiquity to the end of XX century. It also describes some important Anglo-American directions in the philosophy of law, which are important for developments of Ukrainian legal system (legal positivism, naturalism, realism, criticism, feminism, economical theory of law, postmodernism, etc. The main text is supplemented with excerpts from the writings on the philosophy of law, which are little known for Ukrainian readers. The audience of textbook is students, educators, jurists (...)
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  43. Holly Lawford-Smith (2010). Crime and Culpability: A Theory of Criminal Law (by Larry Alexander Et Al.). [REVIEW] Australian Journal of Legal Philosophy 35:152-158.
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  44. Patrick Lenta & Simon Beck (2006). A Sporting Dilemma and its Jurisprudence. Journal of the Philosophy of Sport 33 (2):125-143.
    Our purpose in this article is to draw attention to a connection that obtains between two dilemmas from two separate spheres: sports and the law. It is our contention that umpires in the game of cricket may face a dilemma that is similar to a dilemma confronted by legal decision makers and that comparing the nature of the dilemmas, and the arguments advanced to solve them, will serve to advance our understanding of both the law and games.
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  45. Annabelle Lever (2008). Is It Ethical To Patent Human Genes? In Gosseries Axel, Marciano A. & Strowel A. (eds.), Intellectual Property and Theories of Justice. Basingstoke & N.Y.: Palgrave Mcmillan 246--64.
    This paper examines the claims that moral objections to the patenting of human genes are misplaced and rest on confusions about what a patent is, or what is patented by a human gene patent. It shows that theese objections rest on too simple a conception of property rights, and the connections betwteen familiar moral objections to private property and moral objections to the patenting of human genes. Above all, the paper claims, objections to HGPs often reflect worries about the lack (...)
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  46. Elisabeth A. Lloyd (2001). Science Gone Astray: Evolution and Rape. [REVIEW] Michigan Law Review 99 (6):1536-1559.
  47. Martin López Corredoira (2004). Castigo y derecho sin libre albedrío ni responsabilidad. Dikaiosyne 13 (7).
    Se exponen brevemente algunas ideas relacionadas con la aplicación de castigos y derechos a los ciudadanos de una sociedad, partiendo del supuesto de que el individuo no tiene libre albedrío. Circunstancias externas (educación, genética, sociedad circundante en un omento dado) condicionan sus pensamientos y actos, y por lo tanto no es responsable directo de sus delitos. Hablar de derecho natural no tiene sentido pues el «fatum» de su naturaleza no se distingue del destino del más minúsculo gusano. Sólo razones de (...)
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  48. Edward C. Lyons (2005). Balancing Acts: Intending Good and Foreseeing Harm -- The Principle of Double Effect in the Law of Negligence. 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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  49. Rupert Macey-Dare, Expected Loss Divisibility Theorem.
    This paper proposes and analyses the following theorem: For every total actual loss caused to a claimant with given probabilities by a single unidentified member of a defined group, there is a corresponding total expected loss, divisible and separable into discrete component expected sub-losses, each individually "caused" by a corresponding specific member of that defined group. Moreover, for every total estimated loss caused to a claimant in the past or present or prospectively in the future with estimable probabilities by one (...)
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  50. Rupert Macey-Dare, Expected Loss Interest-Adjustment Theorem.
    This paper proposes and analyses the following theorem: Every legal claim or award that includes interest rate adjustment also incorporates an implicit head of loss or counterclaim for the expected opportunity cost or time value of the underlying claim amount. This expected opportunity cost satisfies no-arbitrage when compared with the parallel interest rate market. The inflation and discounting of nominal damage awards forwards and backwards in time and the relationship between indemnity interest rates and equity are all examined.
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