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  1. 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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  2. 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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  3. 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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  4. 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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  5. 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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  6. 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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  7. 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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  8. 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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  9. 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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  10. 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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  11. 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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  12. 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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  13. 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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  14. 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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  15. 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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  16. 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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  17. added 2014-05-23
    V. C. Geeraets (forthcoming). Fictions of Restorative Justice, Vincent Geeraets. Criminal Law and Philosophy:1-17.
    In this paper, I argue that scholars such as John Braithwaite and Lode Walgrave rely on fictions when presenting their utopian vision of restorative justice. Three claims in particular are shown to be fictitious. Proponents of restorative justice maintain, first, that the offender and the victim voluntarily attend the restorative conference. Second, that the restorative conference enables the offender and the victim to take on active responsibility. Third, that the reparatory tasks on which the parties agree should not be understood (...)
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  18. added 2014-05-19
    Svein Eng (2014). Why Reflective Equilibrium? II: Following Up on Rawls's Comparison of His Own Approach with a Kantian Approach. Ratio Juris 27 (2):288-310.
    In A Theory of Justice (1971), John Rawls introduces the concept of “reflective equilibrium.” Although there are innumerable references to and discussions of this concept in the literature, there is, to the present author's knowledge, no discussion of the most important question: Why reflective equilibrium? In particular, the question arises: Is the method of reflective equilibrium applicable to the choice of this method itself? Rawls's drawing of parallels between Kant's moral theory and his own suggests that his concept of “reflective (...)
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  19. added 2014-05-19
    Mirjami Paso (2014). Rhetoric Meets Rational Argumentation Theory. Ratio Juris 27 (2):236-251.
    The theory of rhetoric is recognised and widely used in a number of disciplines, particularly in the social sciences. It is therefore slightly surprising that it has not gained an important footing in jurisprudence. It is often argued that rhetoric and argumentative justification are clearly different issues. However, the present paper argues that they are in fact two aspects of argumentation and that the theory of rhetoric may be used also in the context of legal reasoning.
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  20. added 2014-05-19
    Claudio Michelon (2014). Virtuous Circularity: Positive Law and Particular Justice. Ratio Juris 27 (2):271-287.
    This paper argues that the positive allocative decisions paradigmatically carried out by the application of legal rules are a necessary condition for arguments about particular justice (i.e., distributive and commutative justice) to make sense. If one shifts the focus from the distinction between distributive and commutative justice to what the two aspects of particular justice are for, namely, providing criteria to judge the allocation of goods, it becomes clear that the distinction is conceptually unstable. The paper argues that stabilizing the (...)
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  21. added 2014-05-19
    Marijan Pavčnik (2014). Methodological Clarity or the Substantial Purity of Law? Notes on the Discussion Between Kelsen and Pitamic. Ratio Juris 27 (2):176-189.
    Leonid Pitamic was convinced that law could not be understood and explored by a single method aiming at a pure object of enquiry. He argued that it was necessary to employ other methods besides the normative one (especially the sociological and axiological methods), which, however, should not be confounded. Methodological syncretism can be avoided by clearly distinguishing between different aspects of law and by allowing the methods to support each other. By following this guideline, and by arguing according to a (...)
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  22. added 2014-05-19
    Peter Koller (2014). On the Nature of Norms. Ratio Juris 27 (2):155-175.
    This paper deals with the question of how norms are to be conceived of in order to understand their role as guidelines for human action within various normative orders, particularly in the context of law on the one hand and conventional morality on the other. After some brief remarks on the history of the term “norm,” the author outlines the most significant general features of actually existing social norms, including legal and conventional norms, from which he arrives at two basic (...)
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  23. added 2014-05-19
    Marko Novak (2014). A Typological Reading of Prevailing Legal Theories. Ratio Juris 27 (2):218-235.
    A classic debate in the history of philosophy is that between rationalists and empiricists concerning the “true” source of human knowledge. In legal philosophy this debate has been reflected in the classic opposition between natural law and legal positivist perspectives. Even the currently predominant inclusivist perspectives on the nature of law, such as inclusive legal positivism and inclusive legal non-positivism, are not immune to such a dichotomy. In this paper I attempt to present an understanding of specific cognitive characteristics of (...)
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  24. added 2014-05-19
    Ludvig Beckman (2014). The Subjects of Collectively Binding Decisions: Democratic Inclusion and Extraterritorial Law. Ratio Juris 27 (2):252-270.
    Citizenship and residency are basic conditions for political inclusion in a democracy. However, if democracy is premised on the inclusion of everyone subject to collectively binding decisions, the relevance of either citizenship or residency for recognition as a member of the polity is uncertain. The aim of this paper is to specify the conditions for being subject to collective decisions in the sense relevant to democratic theory. Three conceptions of what it means to be subject to collectively binding decisions are (...)
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  25. added 2014-05-15
    Uwe Steinhoff (2014). Just Cause and 'Right Intention'. Journal of Military Ethics 13 (1):32-48.
    I argue that the criterion of just cause is not independent of proportionality and other valid jus ad bellum criteria. One cannot know whether there is a just cause without knowing whether the other (valid) criteria (apart from ‘right intention’) are satisfied. The advantage of this account is that it is applicable to all wars, even to wars where nobody will be killed or where the enemy has not committed a rights violation but can be justifiably warred against anyway. This (...)
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  26. added 2014-05-14
    Findlay Stark (forthcoming). Andrew Ashworth, Lucia Zedner and Patrick Tomlin (Eds): Prevention and the Limits of the Criminal Law. Criminal Law and Philosophy:1-6.
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  27. added 2014-05-14
    Sarah Marusek (2014). Recent Publications 2. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 27 (2):419-420.
    de Carvalho, Evandro Menezes (2011).Semiotics of International Law: Trade and Translation. Springer: New York. ISBN: 978-90-481-9011-9.According to Evandro Menezes de Carvalho in Semiotics of International Law: Trade and Translation, language carries more than meanings; language conveys a means of conceiving the world. In this sense, national legal systems expressed through national languages organize the Law based on their own understanding of reality. International Law becomes, in this context, the meeting point where different legal cultures and different views of world intersect. (...)
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  28. added 2014-05-12
    Kerléo Jean-François (forthcoming). L'imaginaire. Un Outil Méthodologique d'Analyse du Droit. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-12.
    L’imaginaire est une catégorie plastique qui renvoie à des conceptions préscientifiques, aux fictions politiques et juridiques, aux croyances religieuses, aux stéréotypes ou préjugés, sans se confondre avec tous ces objets. Notion imprécise et fourre-tout, l’imaginaire serait inutile pour saisir avec rigueur les objets du monde : il relèverait du subjectif et de l’insaisissable. Pourtant, l’imaginaire a bien un contenu, des structures et dévoile une visée de la conscience. En se fondant sur les écrits de Castoriadis, et notamment la distinction imaginaire (...)
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  29. added 2014-05-12
    Gary Watson (forthcoming). Raz on Responsibility. Criminal Law and Philosophy:1-15.
    Standard treatments of responsibility have been preoccupied with issues of blame and punishment, and concerns about free will. In contrast, Raz is concerned with problems about responsibility that arise from the “puzzle of moral luck,” puzzles that lead to misguided skepticism about negligence. We are responsible not only for conduct that is successfully guided by what we take to be our reasons for action, but also for misexercises of our rational capacities that escape our rational control. To deny this is (...)
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  30. added 2014-05-12
    Mark Tunick (forthcoming). Should We Aim for a Unified and Coherent Theory of Punishment? Criminal Law and Philosophy:1-18.
    Thom Brooks criticizes utilitarian and retributive theories of punishment but argues that utilitarian and retributive goals can be incorporated into a coherent and unified theory of punitive restoration, according to which punishment is a means of reintegrating criminals into society and restoring rights. I point to some difficulties with Brooks’ criticisms of retributive and utilitarian theories, and argue that his theory of punitive restoration is not unified or coherent. I argue further that a theory attempting to capture the complex set (...)
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  31. added 2014-05-10
    Berislav Žarnić & Gabriela Bašić (2014). Metanormative Principles and Norm Governed Social Interaction. Revus 22:105-120.
    Critical examination of Alchourrón and Bulygin’s set-theoretic definition of normative system shows that deductive closure is not an inevitable property. Following von Wright’s conjecture that axioms of standard deontic logic describe perfection-properties of a norm-set, a translation algorithm from the modal to the set-theoretic language is introduced. The translations reveal that the plausibility of metanormative principles rests on different grounds. Using a methodological approach that distinguishes the actor roles in a norm governed interaction, it has been shown that metanormative principles (...)
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  32. added 2014-05-07
    Donald C. Hubin (2003). Daddy Dilemmas: Untangling the Puzzles of Paternity. Cornell Journal of Law and Public Policy 13 (29):29-80.
    Though most children can easily answer the question, "Who's your daddy?", the concept of paternity is complex and multifaceted. Courts have stumbled in answering it. In order to ground paternal rights and obligations in a satisfactory way, we need to disaggregate the various elements of stereotypical paternity. It is not sufficient merely to separate social from biological paternity. The latter concept, itself, is complex. We need to separate the procreative element of paternity from the genetic relationship.
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  33. added 2014-05-03
    John Stanton-Ife (forthcoming). What is the Harm Principle For? Criminal Law and Philosophy:1-25.
    In their excellent monograph, Crimes, Harms and Wrongs, Andrew Simester and Andreas von Hirsch argue for an account of legitimate criminalisation based on wrongfulness, the Harm Principle and the Offence Principle, while they reject an independent anti-paternalism principle. To put it at its simplest my aim in the present paper is to examine the relationship between ‘the harms’ and ‘the wrongs’ of the authors’ title. I begin by comparing the authors’ version of the Harm and Offence Principle with some other (...)
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  34. added 2014-05-02
    Albert Keating (2011). Jurisprudence. Round Hall.
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  35. added 2014-04-25
    Jonathan Quong (2014). Introduction to the Symposium on Fabre's Cosmopolitan War. Law and Philosophy 33 (3):265-280.
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  36. added 2014-04-25
    Cécile Fabre (2014). Rights, Justice and War: A Reply. Law and Philosophy 33 (3):391-425.
    I offer a response to Rodin’s, Statman’s, Stilz’s, and Tadros’ papers on my book Cosmopolitan War.
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