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  1. added 2014-10-22
    Antti Kauppinen (2014). Hate and Punishment. Journal of Interpersonal Violence:1-19.
    According to legal expressivism, neither crime nor punishment consists merely in intentionally imposing some kind of harm on another. Crime and punishment also have an expressive aspect. They are what they are in part because they enact attitudes toward others—in the case of crime, some kind of disrespect, at least, and in the case of punishment, society’s condemnation or reprobation. Punishment is justified, at least in part, because (and when) it uniquely expresses fitting condemnation or other retributive attitude. What makes (...)
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  2. added 2014-10-16
    David Ellerman (2014). On Property Theory. Journal of Economic Issues (3):601–624.
    A theory of property needs to give an account of the whole life-cycle of a property right: how it is initiated, transferred, and terminated. Economics has focused on the transfers in the market and has almost completely neglected the question of the initiation and termination of property in normal production and consumption (not in some original state or in the transition from common to private property). The institutional mechanism for the normal initiation and termination of property is an invisible-hand function (...)
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  3. added 2014-10-14
    Bill Wringe (forthcoming). Perp Walks as Punishment. Ethical Theory and Moral Practice.
    When Dominique Strauss-Kahn, then head of the IMF, was arrested on charges of sexual assault arising from events that were alleged to have occurred during his stay in an up-market hotel in New York, a sizeable portion of French public opinion was outraged - not by the possibility that a well-connected and widely-admired politician had assaulted an immigrant hotel worker, but by the way in which the accused had been treated by the American authorities. I shall argue that in one (...)
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  4. added 2014-10-08
    Joseph Raz, Why the State.
    A broadly sketched exploration of the theory of state-law and of the ways developments in international law are transforming states.
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  5. added 2014-10-07
    Ori Simchen (forthcoming). Metasemantics and Legal Interpretation. In George Pavlakos & Veronica Rodriguez-Blanco (eds.), Reasons and Intentions in Law and Practical Agency. 72-92.
    There is a familiar disagreement between Justice Antonin Scalia of the US Supreme Court and Ronald Dworkin over whether the Eighth Amendment to the US Constitution could be plausibly interpreted so as to prohibit capital punishment. The dispute reflects a deep divergence in approach to statutory interpretation. I explore this divergence by paying particularly close attention to its metasemantic background. I then argue that the metasemantic orientation clearly vindicates the Dworkinian side.
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  6. added 2014-09-28
    Vuko Andrić (2014). Ein Plädoyer für den Rechtsnormen-Konsequentialismus. Archiv für Rechts- Und Sozialphilosophie 140:87-98.
  7. added 2014-09-20
    Sandra Raponi (2001). Grounding a Cause of Action for Torture in Transnational Law. In Craig Scott (ed.), Torture as Tort: Comparative Perspectives on the Development of Transnational Human Rights Litigation. Hart Publishing. 373-400.
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  8. added 2014-09-06
    C. G. Pulman (ed.) (forthcoming). Hart on Responsibility. Palgrave Macmillan.
  9. added 2014-09-01
    Steven Sverdlik, The Intrinsic Value of Retribution.
    Retributivist approaches to the philosophy of punishment are usually based on certain fundamental moral claims. One of these claims is also accepted, or at least treated sympathetically, by some consequentialists. It is this: -/- Intrinsic Value (IV): The deserved suffering of morally guilty wrongdoers has intrinsic value. -/- IV is sometimes supported by the construction of examples similar to Kant’s ‘desert island’. These are meant to show that there is intrinsic value in the suffering of a wrongdoer, even if none (...)
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  10. added 2014-08-30
    Michaela Rehm (2012). „The A. B. C. of Politicks“: Entstehungskontext und Rezeption von Lockes Zwei Abhandlungen über die Regierung. In Michaela Rehm & Bernd Ludwig (eds.), John Locke: „Zwei Abhandlungen über die Regierung“. Akademie-Verlag. 1-16.
    The paper is devoted to demonstrating the systematic value of the “Two Treatises of Government”. Even though their genesis is rooted in the political circumstances of Locke’s life-time, the “Treatises” are not simply a pamphlet designed to support the Whig cause, as Locke’s political ideas are derived from his theoretical philosophy and from his concept of natural law.
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  11. added 2014-08-29
    Jonny Anomaly & Geoffrey Brennan (forthcoming). Social Norms, The Invisible Hand, and the Law. University of Queensland Law Journal 33.
  12. added 2014-08-07
    Zachary Hoskins (2014). The Moral Permissibility of Punishment. Internet Encyclopedia of Philosophy.
    The Moral Permissibility of Punishment The legal institution of punishment presents a distinctive moral challenge because it involves a state’s infliction of intentionally harsh, or burdensome, treatment on some of its members—treatment that typically would be considered morally impermissible. Most of us would agree, for instance, that it is typically impermissible to imprison people, to […].
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  13. added 2014-08-05
    Barry Smith (2003). Real Estate: Foundations of the Ontology of Property. In Heiner Stuckenschmidt, Erik Stubjkaer & Christoph Schlieder (eds.), The Ontology and Modelling of Real Estate Transactions. Ashgate. 51-67.
    Suppose you own a garden-variety object such as a hat or a shirt. Your property right then follows the ageold saw according to which possession is nine-tenths of the law. That is, your possession of a shirt constitutes a strong presumption in favor of your ownership of the shirt. In the case of land, however, this is not the case. Here possession is not only not a strong presumption in favor of ownership; it is not even clear what possession is. (...)
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  14. added 2014-08-01
    Uwe Steinhoff, Political Obligation and the Particularity Problem: A Note on Markie.
    P.J. Markie tries to solve the so-called particularity problem of natural duty accounts of political obligation, a problem which seems to make natural duty accounts implausible. I argue that Markie at best “dissolves” the problem: while his own natural duty account of political obligation still does not succeed in ensuring particularity, this is not an implausible but an entirely plausible implication of his account, thanks to the weakness of his concept of political obligation. The price for this, however, is that (...)
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  15. added 2014-07-31
    Michaela Rehm (2012). Obligation in Rousseau: Making Natural Law History? Jahrbuch für Recht Und Ethik/Annual Review of Law and Ethics 20:139-154.
    Is Rousseau an advocate of natural law or not? The purpose of Rehm’s paper is to suggest a positive answer to this controversially discussed question. On the one hand, Rousseau presents a critical history of traditional natural law theory which in his view is based on flawed suppositions: not upon natural, but on artificial qualities of man, and even rationality and sociability are counted among the latter. On the other hand he presents the self-confident manifesto for a fresh start in (...)
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  16. added 2014-07-28
    Katrina L. Sifferd (forthcoming). What Does It Mean to Be a Mechanism? Stephen Morse, Non-Reductivism, and Mental Causation. Criminal Law and Philosophy:1-17.
    Stephen Morse seems to have adopted a controversial position regarding the mindbody relationship: John Searle’s non-reductivism, which claims that conscious mental states are causal yet not reducible to their underlying brain states. Searle’s position has been roundly criticized, with some arguing the theory taken as a whole is incoherent. In this paper I review these criticisms and add my own, concluding that Searle’s position is indeed contradictory, both internally and with regard to Morse's other views. Thus I argue that Morse (...)
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