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  1. H. A. (1997). Rules in the Law. Law and Philosophy 16 (6):581-602.
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  2. Aulis Aarnio (2001). Lawyers' Professional Ethics-Do They Exist? Ratio Juris 14 (1):1-9.
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  3. David M. Adams (2002). Families: Law, Gender and Difference. Hypatia 17 (3):254-256.
  4. David M. Adams (2002). Review: Families: Law, Gender and Difference. [REVIEW] Hypatia 17 (3):254 - 256.
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  5. Michael Adler (2010). Social Security and Social Welfare. In Peter Cane & Herbert M. Kritzer (eds.), The Oxford Handbook of Empirical Legal Research. Oxford University Press. 399--423.
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  6. 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 (...)
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  7. Peter de Marneffe (2009). Liberalism and Prostitution. OUP USA.
    Civil libertarians characterize prostitution as a "victimless crime," and argue that it ought to be legalized. Feminist critics counter that prostitution is not victimless, since it harms the people who do it. Civil libertarians respond that most women freely choose to do this work, and that it is paternalistic for the government to limit a person's liberty for her own good. In this book Peter de Marneffe argues that although most prostitution is voluntary, paternalistic prostitution laws in some form are (...)
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  8. William A. Edmundson (2012). Coercion. In Andrei Marmor (ed.), Routledge Companion to the Philosophy of Law. Routledge.
    This chapter explains the concept of coercion as it features in recent legal and political philosophical work.
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  9. Walter Glannon (ed.) (forthcoming). Free Will and the Brain: Neuroscientific, Philosophical, and Legal Perspectives on Free Will.
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  10. Gordon Hull, Geographic Source Indicators in and as Branding Culture.
    Geographic Indications (GIs) are a form of trademark protection afforded to products that are historically the product of a particular place and production process by restricting use of the name to products that actually come from the place in question; “Champagne” can only come from that region of France, for example. GIs are often proposed as a way to protect indigenous cultural products from Western appropriation: a global GI regime would ensure that “Mysore” silk sarees were produced in India, and (...)
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  11. Iddo Landau (2005). The Law of Sexual Harassment. Business Ethics Quarterly 15 (3):531-536.
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  12. Rae Langton (2000). Pornography and Free Speech. The Philosophers' Magazine 11 (11):41-42.
  13. Alice MacLachlan & C. Allen Speight (eds.) (2013). Justice, Responsibility, and Reconciliation in the Wake of Conflict. Springer.
    What are the moral obligations of participants and bystanders during—and in the wake of –a conflict? How have theoretical understandings of justice, peace and responsibility changed in the face of contemporary realities of war? Drawing on the work of leading scholars in the fields of philosophy, political theory, international law, religious studies and peace studies, the collection significantly advances current literature on war, justice and post-conflict reconciliation. Contributors address some of the most pressing issues of international and civil conflict, including (...)
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  14. Alfred R. Mele (2012). Crimes of Negligence: Attempting and Succeeding. [REVIEW] Criminal Law and Philosophy 6 (3):387-398.
    In chapter 6 of Attempts , Gideon Yaffe defends the thesis that it is “possible to attempt crimes of negligence” ( 2010 , p. 173). I am persuaded that he is right about this, provided that “attempt crimes of negligence” is read as (potentially misleading) shorthand for “attempt to bring it about that we commit crimes of negligence.” But I find certain parts of his defense unpersuasive. My discussion of those parts of his argument motivates the following thesis: Not only (...)
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  15. Thaddeus Metz (2008). The Nature of Reactive Practices:Exploring Strawson’s Expressivism. South African Journal of Philosophy 27 (3):49-63.
    I aim to answer the questions of whether reactive practices such as gratitude and punishment are inherently expressive, and, if so, in what respect. I distinguish seven ways in which one might plausibly characterize reactive practices as essentially expressive in nature, and organise them so that they progress in a dialectical order, from weakest to strongest. I then critically discuss objections that apply to the strongest conception, questioning whether it coheres with standard retributive understandings of why, when and where the (...)
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  16. Roland Pierik & Wibren van der Burg (2011). The Neutral State and the Mandatory Crucifix. Religion and Human Rights 6 (3):259–264.
    In this article we present a conceptual overview of relevant interpretations of what state neutrality may imply; we suggest a distinction between inclusive neutrality and exclusive neutrality. This distinction provides a useful framework for understanding the several positions as presented by the parties in the Lautsi case. We conclude by suggesting a solution of the Lautsi case that might provide a more viable solution.
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  17. Daniel N. Robinson (1999). Fitness for the Rule of Law. Review of Metaphysics 52 (3):539-554.
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  18. Daniel N. Robinson (1996). Wild Beasts and Idle Humours: The Insanity Defense From Antiquity to the Present. Harvard Univ. Press.
    "An American psychologist, Daniel N. Robinson, traces the development of the insanity plea...[He offers] an assured historical survey." Roy Porter, The Times [UK] "Wild Beasts and Idle Humours is truly unique. It synthesizes material that I do not believe has ever been considered in this context, and links up the historical past with contemporaneous values and politics. Robinson effortlessly weaves religious history, literary history, medical history, and political history, and demonstrates how the insanity defense cannot be fully understood without consideration (...)
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  19. David-Hillel Ruben (1972). Positive and Natural Law Revisited. Modern Schoolman 49 (4):295-317.
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  20. Nick Smith (2009). Commodification in Law: Ideologies, Intractabilities, and Hyperboles. [REVIEW] Continental Philosophy Review 42 (1):101-129.
    In this paper I first aim to identify, from a perspective mindful of both analytic and Continental traditions, the central normative issues at stake in the various debates concerning commodification in law. Although there now exists a wealth of thoughtful literature in this area, I often find myself disoriented within the webs of moral criteria used to analyze the increasingly ubiquitous practice of converting legal goods into monetary values. I therefore attempt to distinguish and organize these often conflated conceptual distinctions (...)
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  21. A. Wertheimer (2001). Intoxicated Consent to Sexual Relations. Law and Philosophy 20 (4):373-401.
Causation in the Law
  1. Larry Alexander & Kimberly Kessler Ferzan (2012). “Moore or Less” Causation and Responsibility. Criminal Law and Philosophy 6 (1):81-92.
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  2. Lawrence C. Becker (1987). Book Review:Causation in the Law. H. L. A. Hart, Tony Honore. [REVIEW] Ethics 97 (3):664-.
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  3. Andrew Botterell & Chris Essert (2010). Normativity, Fairness, and the Problem of Factual Uncertainty. Osgoode Hall Law Journal 47 (4):663-693.
    This article concerns the problem of factual uncertainty in negligence law. We argue that negligence law’s insistence that fair terms of interaction be maintained between individuals—a requirement that typically manifests itself in the need for the plaintiff to prove factual or “but-for” causation—sometimes allows for the imposition of liability in the absence of such proof. In particular, we argue that the but-for requirement can be abandoned in certain situations where multiple defendants have imposed the same unreasonable risk on a plaintiff, (...)
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  4. Alex Broadbent (2009). Fact and Law in the Causal Inquiry. Legal Theory 15 (3):173-191.
    This paper takes it as a premise that a distinction between matters of fact and of law is important in the causal inquiry. But it argues that separating factual and legal causation as different elements of liability is not the best way to implement the fact/law distinction. What counts as a cause-in-fact is partly a legal question; and certain liability-limiting doctrines under the umbrella of “legal causation” depend on the application of factual-causal concepts. The contrastive account of factual causation proposed (...)
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  5. Haskell Fain (1966). Hart and Honoré on Causation in the Law. Inquiry 9 (1-4):322-338.
    Hart and Honoré contend, in their book Causation in the Law, that causal appraisals in everyday life and in the law can be made, with justifiable confidence, without appealing to relevant general laws; that in order to grasp the workings of causal notions in everyday life and the law, it is sufficient to note that causes are events which interfere with or intervene in the course of events which would normally have taken place. This thesis is criticized on the ground (...)
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  6. Philippa Foot (1963). Hart and Honoré: Causation in the Law. Philosophical Review 72 (4):505-515.
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  7. M. P. Golding (1962). Causation in the Law. Journal of Philosophy 59 (4):85-95.
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  8. Susan Haack (2008). Proving Causation: The Holism of Warrant and the Atomism of Daubert. Journal of Health and Biomedical Law 4:253-289.
    In many toxic-tort cases - notably in Oxendine v. Merrell Dow Pharmaceuticals, Inc, and in Joiner v. G.E., - plaintiffs argue that the expert testimony they wish to present, though no part of it is sufficient by itself to establish causation "by a preponderance of the evidence," is jointly sufficient to meet this standard of proof; and defendants sometimes argue in response that it is a mistake to imagine that a collection of pieces of weak evidence can be any stronger (...)
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  9. Toby Handfield & Trevor Pisciotta (2005). Is the Risk–Liability Theory Compatible with Negligence Law? Legal Theory 11 (4):387-404.
    David McCarthy has recently suggested that our compensation and liability practices may be interpreted as reflecting a fundamental norm to hold people liable for imposing risk of harm on others. Independently, closely related ideas have been criticised by Stephen R. Perry and Arthur Ripstein as incompatible with central features of negligence law. We aim to show that these objections are unsuccessful against McCarthy’s Risk–liability theory, and that such an approach is a promising means both for understanding the moral basis of (...)
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  10. Antony Honoré, Causation in the Law. Stanford Encyclopedia of Philosophy.
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  11. Jos Lehmann, Joost Breuker & Bob Brouwer (2004). Causation in AI and Law. Artificial Intelligence and Law 12 (4):279-315.
    Reasoning about causation in fact is an essential element of attributing legal responsibility. Therefore, the automation of the attribution of legal responsibility requires a modelling effort aimed at the following: a thorough understanding of the relation between the legal concepts of responsibility and of causation in fact; a thorough understanding of the relation between causation in fact and the common sense concept of causation; and, finally, the specification of an ontology of the concepts that are minimally required for (automatic) common (...)
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  12. Thomas Nadelhoffer & Adam Feltz (2008). The Actor–Observer Bias and Moral Intuitions: Adding Fuel to Sinnott-Armstrong's Fire. Neuroethics 1 (2):133-144.
    In a series of recent papers, Walter Sinnott-Armstrong has used findings in social psychology to put pressure on the claim that our moral beliefs can be non-inferentially justified. More specifically, he has suggested that insofar as our moral intuitions are subject to what psychologists call framing effects, this poses a real problem for moral intuitionism. In this paper, we are going to try to add more fuel to the empirical fire that Sinnott-Armstrong has placed under the feet of the intuitionist. (...)
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  13. Michael S. Pardo & Dennis Patterson (2011). More on the Conceptual and the Empirical: Misunderstandings, Clarifications, and Replies. [REVIEW] Neuroethics 4 (3):215-222.
    At the invitation of the Editors, we wrote an article (entitled, “Minds, Brains, and Norms”) detailing our views on a variety of claims by those arguing for the explanatory power of neuroscience in matters of law and ethics. The Editors invited comments on our article from four distinguished academics (Walter Glannon, Carl Craver, Sarah Robins, and Thomas Nadelhoffer) and invited our reply to their critique of our views. In this reply to our commentators, we correct some potential misunderstandings of our (...)
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  14. Michael Pardo & Dennis Patterson (2011). Minds, Brains, and Norms. Neuroethics 4 (3):179-190.
    Arguments for the importance of neuroscience reach across many disciplines. Advocates of neuroscience have made wide-ranging claims for neuroscience in the realms of ethics, value, and law. In law, for example, many scholars have argued for an increased role for neuroscientific evidence in the assessment of criminal responsibility. In this article, we take up claims for the explanatory role of neuroscience in matters of morals and law. Drawing on our previous work together, we assess the cogency of neuroscientific explanations of (...)
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  15. Dennis Patterson (2011). Minds, Brains, and Norms. Neuroethics 4 (3):179-190.
    Arguments for the importance of neuroscience reach across many disciplines. Advocates of neuroscience have made wide-ranging claims for neuroscience in the realms of ethics, value, and law. In law, for example, many scholars have argued for an increased role for neuroscientific evidence in the assessment of criminal responsibility. In this article, we take up claims for the explanatory role of neuroscience in matters of morals and law. Drawing on our previous work together, we assess the cogency of neuroscientific explanations of (...)
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  16. D. D. Raphael (1962). Causation in the Law. By H. L. A. Hart and A. M. Honors. (Clarendon Press: Oxford University Press, 1959. Pp. Xxxii + 454. Price 55s.). [REVIEW] Philosophy 37 (139):83-.
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  17. Robert C. Robinson (2010). The Role of Causation in Decision of Tort Law. 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.
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  18. Jonathan Schaffer (2012). Disconnection and Responsibility. Legal Theory 18 (Special Issue 04):399-435.
    Michael Moore’s Causation and Responsibility offers an integrated conception of the law, morality, and metaphysics, centered on the notion of causation, grounded in a detailed knowledge of case law, and supported on every point by cogent argument. This is outstanding work. It is a worthy successor to Harte and Honoré’s classic Causation in the Law, and I expect that it will guide discussion for many years to come.
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  19. Jonathan Schaffer (2010). Contrastive Causation in the Law. Legal Theory 16 (4):259-297.
    What conception of causation is at work in the law? I argue that the law implicitly relies on a contrastive conception. In a liability case where the defendant's breach of duty must be shown to have caused the plaintiff's damages, it is not enough to consider what would have happened if the cause had not occurredthe law requires us to look to a specific replacement for the effect, which in this case is the hypothetical outcome in which the plaintiff came (...)
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  20. Judith Jarvis Thomson (2008). Some Reflections on Hart and Honore, Causation in the Law. In Matthew H. Kramer (ed.), The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy. Oxford University Press.
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  21. Stephen J. Toope (2009). Internationalism and Global Norms for Neuroethics. American Journal of Bioethics 9 (1):1 – 2.
  22. Stacey A. Tovino (2008). The Impact of Neuroscience on Health Law. Neuroethics 1 (2):101-117.
    Advances in neuroscience have implications for criminal law as well as civil and regulatory law, including health, disability, and benefit law. The role of the behavioral and brain sciences in health insurance claims, the mental health parity debate, and disability proceedings is examined.
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  23. Nicole A. Vincent (2005). Compensation for Mere Exposure to Risk. Australian Journal of Legal Philosophy 29:89-101.
    It could be argued that tort law is failing, and arguably an example of this failure is the recent public liability and insurance (‘PL&I’) crisis. A number of solutions have been proposed, but ultimately the chosen solution should address whatever we take to be the cause of this failure. On one account, the PL&I crisis is a result of an unwarranted expansion of the scope of tort law. Proponents of this position sometimes argue that the duty of care owed by (...)
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Evidence and Proof in Law
  1. Lennart Åqvist (2007). An Interpretation of Probability in the Law of Evidence Based on Pro-Et-Contra Argumentation. Artificial Intelligence and Law 15 (4):391-410.
    The purpose of this paper is to improve on the logical and measure-theoretic foundations for the notion of probability in the law of evidence, which were given in my contributions Åqvist [ (1990) Logical analysis of epistemic modality: an explication of the Bolding–Ekelöf degrees of evidential strength. In: Klami HT (ed) Rätt och Sanning (Law and Truth. A symposium on legal proof-theory in Uppsala May 1989). Iustus Förlag, Uppsala, pp 43–54; (1992) Towards a logical theory of legal evidence: semantic analysis (...)
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  2. Jeremy Bentham (1825/1981). A Treatise on Judicial Evidence. F.B. Rothman.
    Explains every part of the theory of the law of evidence, including the nature and species of judicial proof, means of protection against falsehood, grounds of excluding proof, and peculiarities of certain species of evidence.
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  3. Floris Bex, Henry Prakken, Chris Reed & Douglas Walton (2003). Towards a Formal Account of Reasoning About Evidence: Argumentation Schemes and Generalisations. [REVIEW] Artificial Intelligence and Law 11 (2-3):125-165.
    This paper studies the modelling of legal reasoning about evidence within general theories of defeasible reasoning and argumentation. In particular, Wigmore's method for charting evidence and its use by modern legal evidence scholars is studied in order to give a formal underpinning in terms of logics for defeasible argumentation. Two notions turn out to be crucial, viz. argumentation schemes and empirical generalisations.
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  4. Yuqian Bi (2010). Min Shi Su Song Zheng Ming Fang Ai Yan Jiu =. Beijing da Xue Chu Ban She.
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  5. Jingtian Chen (2012). Fa Guan Zheng Ju Ping Pan Yan Jiu =. Zhongguo Ren Min Gong an da Xue Chu Ban She.
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  6. Kuk Cho (2005). Wibŏp Sujip Chŭnggŏ Paeje Pŏpchʻik. Pagyŏngsa.
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