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  1. added 2014-04-18
    Sol Azuelos-Atias (forthcoming). The Legal Notion of “Linguistic Possibility”: The Israeli Case. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-16.
    After a brief survey of the Israeli legal system, I will elucidate how the method of judicial interpretation used in Israeli courts is applied by means of an example of the judicial interpretation of section 37 of the Land Appreciation Tax Law (1963) presented by Judge Grunis in the Shadmi case. This case reveals a controversy among the judges of the Israeli Supreme Court over the notion of “linguistic possibility”. As this notion is one of the judicial criteria for appropriateness (...)
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  2. added 2014-04-18
    A. Duff (1998). Michael Moore. Placing Blame: A General Theory of the Criminal Law. Journal of Applied Philosophy 15:305-307.
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  3. added 2014-04-13
    Joanna Kyriakakis (forthcoming). Rene Provost and Payam Akhavan: Confronting Genocide. Criminal Law and Philosophy:1-8.
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  4. added 2014-04-12
    Alon Harel (forthcoming). The Duty to Criminalize. Law and Philosophy:1-22.
    The state has a duty to protect individuals from violations of their basic rights to life and liberty. But does the state have a duty to criminalize such violations? Further, if there is a duty on the part of the state to criminalize violations, should the duty be constitutionally entrenched? This paper argues that the answer to both questions is positive. The state has a duty not merely to effectively prevent violations of our rights to life and liberty, but also (...)
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  5. added 2014-04-11
    Tatjana Hörnle (forthcoming). Theories of Criminalization. Criminal Law and Philosophy:1-14.
    In this article, I comment on Simester and von Hirsch’s theory of criminalization and discuss general principles of criminalization. After some brief comments on punishment theories and the role of moral wrongdoing, I examine main lines of contemporary criminalization theories which tend to focus on the issues of harm, offense, paternalism and side-constraints. One of the points of disagreement with Simester and von Hirsch concerns the role of the harm principle. I rely on a straightforward normative concept of “rights of (...)
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  6. added 2014-04-09
    Hall Stephen John (2011). Custom, Enactment and Legal Order: A Natural Law Account. Journal of Catholic Social Thought 8 (1):1-36.
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  7. added 2014-04-08
    Gordon Graham (2008). Ethics and International Relations. Wiley-Blackwell.
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  8. added 2014-04-07
    Thomas Fossen (forthcoming). Review of Bert van Roermund, Legal Thought and Philosophy: What Legal Scholarship is About. [REVIEW] Political Theory.
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  9. added 2014-04-07
    Von Wright (1991). Georg Henrik von Wright: Is There a Logic of Norms. Ratio Juris 4.
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  10. added 2014-04-07
    Ronald Dworkin (1991). Notes'discussion¢ Book Reviews. Ratio Juris 3 (1):68-80.
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  11. added 2014-04-07
    Heta Häyry (1991). Legal Paternalism and Legal Moralism. Ratio Juris 4:202-18.
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  12. added 2014-04-07
    R. K. Stamper (1991). The Role of Semantics in Legal Expert Reasoning and Legal Systems. Ratio Juris 2 (4):219-44.
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  13. added 2014-04-06
    Steven Sverdlik, The Permissibility of Deterrence.
    In this paper I explore the degree to which the most plausible versions of a Kantian approach to punishment differ from plausible versions of a consequentialist approach with regard to the permissibility of deterrence. I begin by examining the Formula of Humanity. Perhaps surprisingly, I show that the most plausible statement of this principle does not even mention the idea of treating people merely as a means. The other crucial claim in that principle—that we must treat people as ends—is in (...)
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  14. added 2014-04-06
    Ns Jecker (1989). Persons, Rights, and the Moral Community-Lomasky, Loren. Law and Philosophy 8 (2):279-285.
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  15. added 2014-04-06
    Joseph Raz (1989). The Contemporary Perception of the Centrality of Rights Exemplifies Both the Influence of Locke and the Way Our Moral Ideas Have Been Affected by Our Political Principles. Locke is a Key Figure in the Rise of" Rights" to a Place of Preeminence in Liberal Culture. 2 Natural Law, Having Been Traditionally Understood as the Doctrine of People's Duties. [REVIEW] Law and Philosophy 8:3-21.
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  16. added 2014-04-06
    Liberal Rights (1989). Carlos S. Nino. Law and Philosophy 8:37-52.
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  17. added 2014-04-06
    Neil Maccormick (1989). Political and Literary. Law and Philosophy 8:23-36.
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  18. added 2014-04-05
    Ben Hightower (forthcoming). Refugees, Limbo and the Australian Media. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-24.
    It seems that more often than not, refugees and asylum seekers are associated with the notion of ‘limbo’. This terminology is used to illustrate situations in which people are unable to access systems that would alleviate their ‘standstill’ lives. In other words, when it is said that people are in limbo, it is understood they have a sense of hopelessness. Specifically, in the media, at least three examples of ‘limbo’ are often used: limbo as a physical space, limbo as a (...)
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  19. added 2014-04-04
    J. Finnis (forthcoming). Law as Fact and as Reason for Action: A Response to Robert Alexy on Law's "Ideal Dimension". American Journal of Jurisprudence.
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  20. added 2014-04-04
    Elisabeth A. Lloyd (2001). Science Gone Astray: Evolution and Rape. [REVIEW] Michigan Law Review 99 (6):1536-1559.
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  21. added 2014-04-04
    R. Alexy (1993). Legal Argumentation as Rational Discourse, 1992; It. Trans.: G. Sartor In. Ratio Juris 6.
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  22. added 2014-04-04
    Saint-Louis Brussel (1993). European Association for the Teaching of Legal Theory. Ratio Juris 5.
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  23. added 2014-04-04
    Eric W. Orts (1993). Systemic Legitimacy and Positive Law: A Comment on Hart and Habermas. Ratio Juris 6:245.
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  24. added 2014-04-04
    Robert Alexy (1993). Justificação e aplicação das normas. Ratio Juris 6 (2):157-70.
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  25. added 2014-04-04
    Rafael Hernández Marín (1993). Double Pairs. Ratio Juris 6 (3).
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  26. added 2014-04-04
    Ierzy Wroblewski (1993). Notes Discussion Book Reviews. Ratio Juris 5:92.
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  27. added 2014-04-04
    Mbe Smith (1991). Smith Against Law and Ethicists-Reply. Law and Philosophy 10 (4):427-432.
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  28. added 2014-04-03
    R. Ekins (forthcoming). Interpretive Choice in Statutory Interpretation. American Journal of Jurisprudence.
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  29. added 2014-04-03
    William T. Braithwaite (forthcoming). The Common Law and the Judicial Power: An Introduction to Swift-Erie and the Problem of Transcendental Versus Positive Law. Law and Philosophy.
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  30. added 2014-04-03
    Hock Lai Ho (forthcoming). The Criminal Trial, the Rule of Law and the Exclusion of Unlawfully Obtained Evidence. Criminal Law and Philosophy:1-23.
    If the criminal trial is aimed simply at ascertaining the truth of a criminal charge, it is inherently problematic to prevent the prosecution from adducing relevant evidence on the ground of its unlawful provenance. This article challenges the starting premise by replacing the epistemic focus with a political perspective. It offers a normative justification for the exclusion of unlawfully obtained evidence that is rooted in a theory of the criminal trial as a process of holding the executive to the rule (...)
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  31. added 2014-04-03
    Christopher Kletzer (2007). Towards an Inferential Semantics in Jurisprudence. In Michael Freeman & Ross Harrison (eds.), Law and Philosophy. Oup Oxford.
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  32. added 2014-04-03
    Antony Duff & Marshall & Sandra (2007). Criminal Responsibility and Public Reason. In Michael Freeman & Ross Harrison (eds.), Law and Philosophy. Oup Oxford.
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  33. added 2014-04-03
    John Oberdiek & Patterson & Dennis (2007). Moral Evaluation and Conceptual Analysis in Jurisprudential Methodology. In Michael Freeman & Ross Harrison (eds.), Law and Philosophy. Oup Oxford.
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  34. added 2014-04-03
    G. Zanetti (1994). Rex Martin, A System of Rights. Ratio Juris 7:372-372.
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  35. added 2014-04-03
    Jean Ferry (1994). Approaches to Liberty. Outline for a “Methodological Communitarianism”. Ratio Juris 7 (3):291-307.
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  36. added 2014-04-03
    S. L. Paulson (1994). Deryck Beyleveld and Roger Brownsword," Law as a Moral Judgment". Ratio Juris 7:111-111.
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  37. added 2014-04-03
    J. F. Spiz (1994). The Concept of Liberty in 'A Theory of Justice'. Ratio Juris 7.
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  38. added 2014-04-03
    M. Elosegui (1994). Joxerramon Bengoetxea, The Legal Reasoning of the European Court of Justice. Towards a European Jurisprudence. Ratio Juris 7:383-383.
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  39. added 2014-04-03
    Gianfrancesco Zanetti (1994). A SYSTEM OF RIGHTS. By Rex Martin. Oxford: Clarendon. 1993. Pp. 439. Ratio Juris 7 (3):372-82.
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  40. added 2014-04-03
    Percy Lehning (1994). The Idea of Public Reason. Ratio Juris 8 (1):30-39.
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  41. added 2014-04-03
    Douglas N. Husak & George C. Thomas (1992). Date Rape, Social Convention, and Reasonable Mistakes. Law and Philosophy 11 (1):95-126.
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  42. added 2014-04-03
    A. V. Mal’ko (1990). Effektivnost'pravovogo Regulirovaniia [Legal Regulation Effectiveness]. Jurisprudence 6:61-67.
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  43. added 2014-04-02
    David M. Adams (forthcoming). Belief and Death: Capital Punishment and the Competence-for-Execution Requirement. Criminal Law and Philosophy:1-14.
    A curious and comparatively neglected element of death penalty jurisprudence in America is my target in this paper. That element concerns the circumstances under which severely mentally disabled persons, incarcerated on death row, may have their sentences carried out. Those circumstances are expressed in a part of the law which turns out to be indefensible. This legal doctrine—competence-for-execution (CFE)—holds that a condemned, death-row inmate may not be killed if, at the time of his scheduled execution, he lacks an awareness of (...)
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  44. added 2014-04-02
    Cindy Holder (forthcoming). Transition, Trust and Partial Legality: On Colleen Murphy's A Moral Theory of Political Reconciliation. Criminal Law and Philosophy:1-12.
    In A Moral Theory of Political Reconciliation Colleen Murphy develops a rich and potentially transformative account of political reconciliation. The potential of this account is not fully realized because of limitations in how Murphy conceptualizes political relationships. For example, group-differentiated integration into states opens up important questions about partial legality and group-differentiated experiences of repression that Murphy does not address. However, Murphy’s framework is well-suited to take up these questions, once they are acknowledged, and this is an important strength of (...)
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  45. added 2014-04-02
    Jorge Emilio Núñez (forthcoming). About the Impossibility of Absolute State Sovereignty: The Middle Ages. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-16.
    State sovereignty is often thought to be and seen as absolute, unlimited. We have seen that there is no such a thing as absolute State sovereignty. Indeed, I maintained in the first article of this series that absolute or unlimited sovereignty is impossible because all sovereignty is necessarily underpinned by its conditions of possibility. The present paper has two main parts. Firstly, I will introduce two different kinds of agents: (a) individuals; and (b) States. The aim is to show that (...)
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  46. added 2014-04-02
    Leo Zaibert (forthcoming). Of Normal Human Sympathies and Clear Consciences: Comments on Hyman Gross's Crime and Punishment: A Concise Moral Critique. Criminal Law and Philosophy:1-18.
    Contemporary criminal justice systems are extraordinarily unfair. Focusing on Hyman Gross’s Crimes and Punishment: A Concise Moral Critique, however, I identify ways in which scholarly criticisms of these criminal justice systems tend to miss their target. In particular, I argue against the assumption that in order to criticize these criminal justice systems we need to cast doubt on the very practice of blaming people and on the notion of desert, or that we need to reject wholesale retributive rationales for punishment. (...)
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  47. added 2014-04-02
    Michael S. Moore (forthcoming). Stephen Morse on the Fundamental Psycho-Legal Error. Criminal Law and Philosophy:1-45.
    Stephen Morse has long proclaimed there to be a “fundamental psycho-legal error” (FPLE) that is regularly made by legal and social/psychological/medical science academics alike. This is the error of thinking that causation of human choice by factors themselves outside the chooser’s control excuses that chooser from moral responsibility. In this paper, I examine Morse’s self-labelled “internalist” defense of his thesis that this is indeed an error, and finds such internalist defense incomplete; needed is the kind of externalist defense of Morse’s (...)
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  48. added 2014-04-02
    Adam Hill (forthcoming). Stability, Assurance, and the Concept of Legal Guidance. Law and Philosophy:1-31.
    Legal theorists standardly hold that stability is one of eight necessary conditions for legal guidance. We lack an adequate explanation, however, of why, exactly, stability is necessary in order that law possess the capacity to guide behavior. Standard explanations, which rely on a claim about reasonable expectations, fail to connect the concepts of stability and legal guidance. In this paper, I argue that, according to the leading conception of legal guidance, stability is, in fact, not necessary in order for law (...)
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  49. added 2014-04-02
    Colleen Murphy (forthcoming). Reply to Critics. Criminal Law and Philosophy:1-13.
    One of the central moral challenges facing numerous political communities today is political reconciliation. In the aftermath of repression, conflict, and injustice, communities confront the task of repairing damaged relationships among citizens and between citizens and officials. In A Moral Theory of Political Reconciliation, I develop a theory of what this process entails and of its moral significance. My central claim is that political relationships are damaged when and to the extent that they fail to express reciprocity and respect for (...)
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  50. added 2014-04-02
    George Duke (forthcoming). Hobbes on Political Authority, Practical Reason and Truth. Law and Philosophy:1-23.
    The role of sovereign authority in Hobbes' political philosophy is to establish peace and stability by serving as a definitive and unambiguous source of law. Although these broad outlines of Hobbes' account of political authority are uncontentious, matters quickly become more complicated once one seeks its normative basis. This much is evident from recent debates on the normative status of the laws of nature and the related issue as to whether Hobbes is better categorised as an incipient legal positivist or (...)
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