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  1. 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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  2. added 2014-08-06
    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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  3. added 2014-08-02
    Jonny Anomaly & Geoffrey Brennan (forthcoming). Social Norms: The Invisible Hand of the Law. University of Queensland Law Review 33.
  4. 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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  5. added 2014-07-28
    Katrina Sifferd (forthcoming). What Does It Mean to Be a Mechanism? Morse, Non-Reductivism, and Mental Causation. Criminal Law and Philosophy:1-17.
    Stephen Morse seems to have adopted a controversial position regarding the mind-body 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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  6. added 2014-07-18
    Marek Piechowiak (2013). Aksjologiczne podstawy polskiego prawa [The Axiological Basis of Polish Law]. In Tadeusz Guz, Jan Głuchowski & Maria Pałubska (eds.), Synteza prawa polskiego od 1989 roku. C. H. Beck. 39-70.
    An axiological analysis of the basis of the 1997 Constitution of the Republic of Poland, determined mainly in the Preamble, makes it possible to put forward a thesis that this axiology is not, at least in reference to the principle, eclectic. In respect of the meta-axiological settlements, this is a tradition of natural-law type, recognizing the objective grounding of values and law. The accepted solutions are also convergent with the axiology typical of the international protection of human rights. -/- Résumé (...)
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  7. added 2014-07-18
    Marek Piechowiak (2012). Karta Praw Podstawowych UE a tradycyjne wartości [Charter of Fundamental Rights of the European Union and Traditional Values]. In Michał Gierycz & Jan Grosfeld (eds.), Zmagania początku tysiąclecia. Łośgraf - Wydawnictwo Akademickie - Oficyna Wydawnicza Łośgraf. 199-205.
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  8. added 2014-07-04
    Grant Lamond (forthcoming). Analogical Reasoning in the Common Law. Oxford Journal of Legal Studies 34 (3).
    Analogical reasoning is a pervasive feature of the common law, yet its structure and rational force is much disputed by legal theorists, some of whom are sceptical that it has any rational force at all. This paper argues that part of the explanation for these disagreements lies in there being not one form of analogical reasoning in the common law, but three: classificatory analogies, close analogies, and distant analogies. These three differ in their functions and rationale. Classificatory analogies involve the (...)
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  9. added 2014-06-28
    Charles L. Barzun (forthcoming). Metaphysical Quietism and Functional Explanation in the Law. Law and Philosophy:1-21.
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  10. added 2014-06-28
    Antony Duff (forthcoming). Symposium on Preventive Justice Preface. Criminal Law and Philosophy:1-2.
    Ideas of prevention (the prevention of harms, or of wrongs, or of crimes) have always played a significant role in accounts of the proper aims of a system of criminal law, but in recent years they have come to play a more prominent and disturbing part in developments in criminal law policies—most obviously, but by no means only, in the USA and Britain. Governments have sought to meet (or to be seen to be meeting) a range of perceived threats, such (...)
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  11. added 2014-06-21
    Gideon Yaffe (forthcoming). In Defense of Criminal Possession. Criminal Law and Philosophy:1-31.
    Criminal law casebooks and treatises frequently mention the possibility that criminal liability for possession is inconsistent with the Voluntary Act Requirement, which limits criminal liability to that which includes an act or an omission. This paper explains why criminal liability for possession is compatible with the Voluntary Act Requirement despite the fact that possession is a status. To make good on this claim, the paper (1) defends the Voluntary Act Requirement, (2) offers an account of the nature of omissions of (...)
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  12. added 2014-06-19
    Anne Waters, &Quot;global Indigenous Research Contexts for Bio-Prospecting: Sacred Collisions of Ethnobotany, Diversity Genetics, Intellectual Property Law, Sovereign Rights, and Public Interest Pharmaceuticals&Quot;. American Philosophical Association Newsletter On Indigenous Philosophy.
    Waters aries that the demands of indigenous bio-prospecting programs need to be considered against the needs of indigenous communities. Issues of sovereignty and rights to self-determination need to be resolved in the context of negotiating bio-prospecting plans. By setting out clear guidelines and priorities, as determined through the eyes and values of indigenous peoples, indigenous communities may have an opportunity to participate in the global sharing of biomedical information and healing for all our relations. Before any projects get underway, however, (...)
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  13. added 2014-06-15
    Frederico Figueiredo (2014). Zur Möglichkeit des Unmöglichen Strafrechts: Ein Versuch Über Die Dissonanz Im System der Ultima Ratio. Pl Academic Research.
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  14. added 2014-06-06
    Michelle Madden Dempsey (forthcoming). Response to Commentators. Criminal Law and Philosophy:1-11.
    I am grateful to Criminal Law & Philosophy for organizing this symposium on my book, Prosecuting Domestic Violence: A Philosophical Analysis (OUP 2009)—and am especially indebted to Professors Kinports and Cowan for their careful, generous, and challenging engagements with my arguments. I am relieved to find that Professors Kinports and Cowan are mostly positive in their evaluation of the book’s merits and delighted to find their critical reflections have offered me the opportunity to think more deeply about the project I (...)
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  15. added 2014-06-05
    Shane Nicholas Glackin (2014). Back to Bundles: Deflating Property Rights, Again. Legal Theory 20 (1):1-24.
    Following Wesley Hohfeld's pioneering analyses, which demonstrated that the concept of ownership conflated a variety of distinct legal relations, a deflationary regarding those relations as essentially unconnected held sway for much of the subsequent century. In recent decades, this theory has been thought too diffuse; it seems counterintuitive to insist, for instance, that rights of possession and alienation over a property are associated only contingently. Accordingly, scholars such as James Penner and James Harris have advanced theories that revive the concept (...)
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  16. added 2014-06-04
    Lionel A. Levert (forthcoming). La Jurilinguistique: Un Appui Indispensable à la Corédaction. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-20.
    The advent and expanding role of jurilinguistics as part of the federal legislative process are closely associated with the gradual recognition of the equal authority of the two linguistic versions of federal legislation, as well as the implementation of co-drafting as the most effective method of taking into account the equal authority of the two official languages of the country. Jurilinguistics gradually made its way into the federal legislative process starting in the mid 70s and quickly resulted in the establishment (...)
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  17. added 2014-06-02
    Frederick Schauer (forthcoming). On the Utility of Religious Toleration. Criminal Law and Philosophy:1-14.
    Brian Leiter’s Why Tolerate Religion? valuably clarifies the issues involved in granting religion-specific accommodations (and thus exceptions or exemptions) to laws and policies of general application. His arguments are careful, rigorous, and fair, and in rejecting the deontological arguments for religion-specific accommodations he seems to me largely correct. But when he turns to arguing against the utilitarian case for such accommodations, he employs a seemingly non-standard sense of utilitarianism in which demands of principled consistency constrain what would otherwise be utilitarian (...)
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  18. added 2014-06-02
    Łucja Biel (forthcoming). Legal Translator as a Communicator. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-6.
    Legal Translation in Context. Professional Issues and Prospects, edited by Anabel Borja Albi from Jaume I University (Spain) and Fernando Prieto Ramos from the University of Geneva, both practising sworn translators, offers an insightful overview of professional practices in the public and private sectors. As such, the book falls within the emerging track of research in Translation Studies, namely—workplace studies, and is a valuable contribution to the field. The book is a fruit of a two-year international project run at the (...)
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  19. added 2014-05-31
    Ian Loader (forthcoming). In Search of Civic Policing: Recasting the 'Peelian' Principles. Criminal Law and Philosophy:1-14.
    For over a century the so-called ‘Peelian’ principles have been central to the self-understanding of Anglo-American policing. But these principles are the product of modern state-building and speak only partially to the challenges of urban policing today. In fact, they stand in the way of clear thinking and better practice. In this paper, I argue that these principles ought to be radically recast and put to work in new ways. The argument proceeds as follows. First, I recover and outline the (...)
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  20. added 2014-05-24
    Christopher Bennett (forthcoming). Penal Disenfranchisement. Criminal Law and Philosophy:1-15.
    This paper considers the justifiability of removing the right to vote from those convicted of crimes. Firstly, I consider the claim that the removal of the right to vote from prisoners (or serious offenders) is necessary as a practical matter to protect the democratic process from those who have shown themselves to be untrustworthy. Secondly, I look at the claim that offenders have broken the social contract and forfeited rights to participate in making law. And thirdly, I look at the (...)
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  21. added 2014-05-24
    Colin Grey (2014). The Rights of Migration. Legal Theory 20 (1):25-51.
    This paper argues that neither a general right to exclude migrants nor a general right to migrate freely exists. The extent of the right to exclude or the right to migrate freely must instead, in the majority of cases, be determined indirectly by examining whether a given immigration law or policy would result in the violation of migrants right to exclude migrants is constrained by what the author calls the indirect principle of freedom of migration. Under this principle, if an (...)
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