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  1. added 2015-07-20
    Marek Piechowiak (2015). Plato's Conception of Punitive Justice. In Antonio Incampo & Wojciech Żełaniec (eds.), Universality of Punishment. Cacucci 73-96.
    The analysis demonstrates that for Plato the principal aim of punishment is not the defence of values acknowledged by the legal system, but the good of the individual – his personal development, which is, first of all, moral development, consisting of the attainment of the greatest – situated on the level of existence – excellence of the subject, which is the virtue of justice, an inner unity based on inner regularity, order, harmony and straightness. Attainment of the virtue of justice (...)
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  2. added 2015-07-20
    Marek Piechowiak (2014). Sprawiedliwość a prawo w nauczaniu Jana Pawła II [Justice and Law in the Teaching of John Paul II]. Przegląd Tomistyczny 20:209-237.
    The contribution focuses on philosophical issues of justice of positive law in the light of the social teaching of John Paul II. The analyses start with consideration of anthropological foundations of justice as virtue, develop with the reflexion upon justice of actions realizing justice and finally arrive at examination of the criteria of justice of law. -/- It is argued that relations between a human being and goods (ends of actions) form ontological basis of natural law and justice of actions (...)
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  3. added 2015-07-19
    Vincent Chiao (forthcoming). Mass Incarceration and the Theory of Punishment. Criminal Law and Philosophy:1-22.
    An influential strain in the literature on state punishment analyzes the permissibility of punishment in exclusively deontological terms, whether in terms of an individual’s rights, the state’s obligation to vindicate the law, or both. I argue that we should reject a deontological theory of punishment because it cannot explain what is unjust about mass incarceration, although mass incarceration is widely considered—including by proponents of deontological theories—to be unjust. The failure of deontological theories suggests a minimum criterion of adequacy for a (...)
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  4. added 2015-07-19
    Philippe Gréciano (forthcoming). Droit de L’Union Européenne Et Médiation Linguistique. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-13.
    The Law of the European Union is multilingual and multijural. Therefore, it is necessary to analyze the problems related to the use of several languages in the writing of European legal texts and to compare the interactions between law and language in the decision-making process at the executive and judicial levels. Finally, the study will focus on the contributions of translation as a linguistic mediation in the communication of the European message on the continent.
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  5. added 2015-07-19
    Janny H. C. Leung (forthcoming). Recent Publications Issue 28-4. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-2.
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  6. added 2015-07-19
    Joshua Glasgow (forthcoming). The Expressivist Theory of Punishment Defended. Law and Philosophy:1-31.
    Expressivist theories of punishment received largely favorable treatment in the 1980s and 1990s. Perhaps predictably, the 2000s saw a slew of critical rejections of the view. It is now becoming evident that, while several objections to expressivism have found their way into print, three concerns are proving particularly popular. So the time is right for a big picture assessment. What follows is an attempt to show that these three dominant objections are not decisive reasons to give up the most plausible (...)
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  7. added 2015-07-19
    Thomas Søbirk Petersen (2012). Less for Recidivists? Why Retributivists Have a Reason to Punish Repeat Offenders Less Harshly Than First-Time Offenders ∗. In Jesper Ryberg Claudio Tamburrini (ed.), Recidivists Punishment: The Philosophers' view. Lextington Books
    About 80 % of all convicted have had a prior record of conviction. But how should the state punish repeat offenders (with a prior conviction) as compared with first-time offenders who are convicted? The law in all jurisdictions, a large swathe of public opinion, and the general trend within criminal justice ethics all seem to accept what we may call: -/- Asymmetry A The punishment of repeat offenders should be harsher than the punishment of first-time offenders. -/- This asymmetry is (...)
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  8. added 2015-07-17
    Gerald Lang (2015). Owning Up: Dworkin on Responsibility. Jurisprudence 6 (2):298-308.
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  9. added 2015-07-13
    Ana Aliverti (forthcoming). The Wrongs of Unlawful Immigration. Criminal Law and Philosophy:1-17.
    For too long, criminal law scholars overlooked immigration-based offences. Claims that these offences are not ‘true crimes’ or are a ‘mere camouflage’ to pursue non-criminal law aims deflect attention from questions concerning the limits of criminalization and leave unchallenged contradictions at the heart of criminal law theory. My purpose in this paper is to examine these offences through some of the basic tenets of criminal law. I argue that the predominant forms of liability for the most often used immigration offences (...)
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  10. added 2015-07-13
    Yann Allard-Tremblay (2015). Human Rights, Specification and Communities of Inquiry. Global Constitutionalism 4 (2): 254-287.
    This paper offers a revised political conception of human rights informed by legal pluralism and epistemic considerations. In the first part, I present the political conception of human rights. I then argue for four desiderata that such a conception should meet to be functionally applicable. In the rest of the first section and in the second section, I explain how abstract human rights norms and the practice of specification prevent the political conception from meeting these four desiderata. In the last (...)
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  11. added 2015-07-09
    James Edwin Mahon, The Definition of Lying and Deception. Stanford Encyclopedia of Philosophy.
    Survey of different definitions of lying and deceiving, with an emphasis on the contemporary debate between Thomas Carson, Roy Sorensen, Don Fallis, Jennifer Saul, Paul Faulkner, Jennifer Lackey, David Simpson, Andreas Stokke, Jorg Meibauer, Seana Shiffrin, and James Mahon, among others, over whether lies always aim to deceive. Related questions include whether lies must be assertions, whether lies always breach trust, whether it is possible to lie without using spoken or written language, whether lies must always be false, whether lies (...)
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  12. added 2015-07-08
    Marcin Matczak, Three Types of Intention in Lawmaking.
    The nature of legislative intent remains a subject of vigourous debate in legal theory. A conspicuous feature of the debate is that its participants perceive the intent in many different ways. Some see it as an intention concerning the meaning of the words used in legal text, others as a will to enact the law, others still as a set of expectations regarding the law’s impact on reality. In this paper I identify the reason for such diverse perceptions: namely, that (...)
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  13. added 2015-07-08
    Marcin Matczak, A Theory That Beats the Theory? Lineages, the Growth of Signs, and Dynamic Legal Interpretation.
    Legal philosophers distinguish between a static and a dynamic interpretation of law. The former assumes that the meaning of the words used in a legal text is set at the moment of its enactment and does not change with time. The latter allows the interpreters to update the meaning and apply a contemporary understanding to the text. The dispute between these competing theories has significant ramifications for social and political life. To take an example, depending on the approach, the term (...)
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  14. added 2015-07-07
    Justin Tosi (2015). The Possibility of a Fair Play Account of Legitimacy. Ratio (3):1-12.
    The philosophical literature on state legitimacy has recently seen a significant conceptual revision. Several philosophers have argued that the state's right to rule is better characterized not as a claim right to obedience, but as a power right. There have been few attempts to show that traditional justifications for the claim right might also be used to justify a power right, and there have been no such attempts involving the principle of fair play, which is widely regarded as the most (...)
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  15. added 2015-07-04
    Anthony R. Reeves (2015). Standard Threats: How to Violate Basic Human Rights. Social Theory and Practice 41 (3):403-434.
    The paper addresses the nature of duties grounded in human rights. Rather than being protections against harm, per se, I contend that human rights largely shield against risk impositions to protected interests. “Risk imposition” is a normative idea requiring explication, but understanding dutiful action in its terms enables human rights to provide prospective policy guidance, hold institutions accountable, operate in non-ideal circumstances, embody impartiality among persons, and define the moral status of agencies in international relations. Slightly differently, I indicate a (...)
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  16. added 2015-07-01
    Danny Frederick (forthcoming). The Possibility of Contractual Slavery. Philosophical Quarterly.
    In contrast to eminent historical philosophers, almost all contemporary philosophers maintain that slavery is impermissible. In the enthusiasm of the Enlightenment, a number of arguments gained currency which were intended to show that contractual slavery is not merely impermissible but impossible. Those arguments are influential today in moral, legal and political philosophy, even in discussions that go beyond the issue of contractual slavery. I explain what slavery is, giving historical and other illustrations. I examine the arguments for the impossibility of (...)
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  17. added 2015-06-30
    Stewart Cunningham (forthcoming). Reinforcing or Challenging Stigma? The Risks and Benefits of ‘Dignity Talk’ in Sex Work Discourse. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-21.
    The concept of ‘human dignity’ sits at the heart of international human rights law and a growing number of national constitutions and yet its meaning is heavily contested and contingent. I aim to supplement the theoretical literature on dignity by providing an empirical study of how the concept is used in the specific context of legal discourse on sex work. I will analyse jurisprudence in which commercial sex was declared as incompatible with human dignity, focussing on the South African Constitutional (...)
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  18. added 2015-06-30
    Benjamin Rossi (forthcoming). Mental Self-Management as Attempted Negligence: Trying and Succeeding. Law and Philosophy:1-29.
    ‘Attempted negligence’ is a category of criminal offense that many jurists and philosophers have law have deemed conceptually incoherent. In his Attempts: In the Philosophy of Action and the Criminal Law, Gideon Yaffe challenges this dismissal, anchoring his argument in cases of what he calls ‘mental self-management’ in which agents plan to bring about that they perform unintentional actions at a later time. He plausibly argues that mental self-management-type attempted negligence is possible. However, his account raises the question whether such (...)
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  19. added 2015-06-27
    Michael S. Gorham (forthcoming). Richard D. Anderson, Jr.: Discourse, Dictators and Democrats: Russia’s Place in a Global Process. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-3.
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  20. added 2015-06-24
    James Edwards (2014). Harm Principles. Legal Theory 20 (4):253-285.
    Much time has been spent arguing about the soundness of But in the philosophical literature there is no single such principle; there are many harm principles. And many objections pressed against are objections to only some of these principles. The first half of this paper draws a number of distinctions between harm principles. It then argues that each harm principle is compatible with many other principles that impose limits on the law, including but not limited to other harm principles. The (...)
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  21. added 2015-06-18
    Alessandro Spena (forthcoming). A Just Criminalization of Irregular Immigration: Is It Possible? Criminal Law and Philosophy:1-23.
    The aim of this paper is to question, from the perspective of a principled theory of criminalization, the legitimacy of making irregular immigration a crime. In order to do this, I identify three main ways in which the political decision to introduce a crime of IM may be defended: according to the first, IM is a malum in se the wrongness of which resides in its being a violation of states’ territorial sovereignty; according to the second, IM is a justified (...)
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  22. added 2015-06-18
    Kimberly Wei Yi Tao (forthcoming). Exploring the Sources of Authority Over the Word Meaning in Transgender Jurisprudence. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-16.
    This paper looks at transgender identities and the law in the context of marriage in common law jurisdictions. It particularly focuses on the nature and sources of authority over word meaning as well as the role of language and definition in classifying transgender individuals into a legal category. When it comes to the legal question of who may marry whom, and what the terms “man” and “woman” actually refer to, there is no statutory definition of the terms “man”, “woman”, “male” (...)
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  23. added 2015-06-18
    Biyu Du (forthcoming). The Silenced Interpreter: A Case Study of Language and Ideology in the Chinese Criminal Court. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-18.
    Language-related right in the legal proceedings is mostly associated with access to interpreting. Literature on the bilingual courtroom primarily centres on the role of interpreters in the intercultural communication. This paper, drawing on discourse analysis of a case study in a Chinese criminal court, investigates the atypical role played by an interpreter when she ceases to be an active participant in the bilingual interaction. It discusses how language ideology underlying the judicial practice could transform the role of the interpreter and (...)
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  24. added 2015-06-14
    Jeffrey A. Gauthier (2014). Prostitution and Paternalism. In David Boersema (ed.), Dimensions of Moral Agency. Cambridge Scholars Press 194-202.
    Both liberals and feminists have long criticized the paternalistic approach to prostitution found in most jurisdictions in the U.S. In his recent book Prostitution and Liberalism, Peter de Marneffe defends just such an intervention, arguing that the demonstrated harmfulness of a life of prostitution justifies paternalistic policies aimed at reducing the number of women who are involved in it. Although de Marneffe does not endorse the prohibitionist approach typical in the U.S., he argues that the best reasons for alternative approaches (...)
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  25. added 2015-06-10
    Alfred R. Mele (forthcoming). On Pereboom’s Disappearing Agent Argument. Criminal Law and Philosophy:1-14.
    This article is a critical discussion of Derk Pereboom’s “disappearing agent objection” to event-causal libertarianism in his Free Will, Agency, and Meaning in Life. This objection is an important plank in Pereboom’s argument for free will skepticism. It is intended to knock event-causal libertarianism, a leading pro-free-will view, out of contention. I explain why readers should not find the objection persuasive.
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  26. added 2015-06-09
    María Ángeles Orts (forthcoming). Power and Complexity in Legal Genres: Unveiling Insurance Policies and Arbitration Rules. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-21.
    The purpose of the present paper is to unveil whether the power distance/textual complexity duality attributed ordinarily to legal language applies to two different documents which are widely deployed, interpreted and applied in the global scope of commercial trade and communications, namely Lloyd’s Institute Cargo Clauses and the London International Court of Arbitration Rules. In choosing two texts which are the direct product of the law-making machinery of the Common law system, but which are used internationally, we ultimately undertake to (...)
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  27. added 2015-06-07
    Jeffrey A. Gauthier (1999). Consent, Coercion, and Sexual Autonomy. In Keith Burgess-Jackson (ed.), A Most Detestable Crime: New Philosophical Essays on Rape. Oxford University Press 71-91.
    Feminist legal scholarship has questioned the usefulness of non-consent as a criterion for rape. Under conditions of generalized sexual oppression, consent may not be an adequate for absence of coercion. I defend this argument and propose that rape law reform can be usefully informed by state protection of workers in the capitalist labor market, where it is assumed that the parties occupy an unequal bargaining position.
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  28. added 2015-06-04
    Gregg D. Caruso (forthcoming). Free Will Skepticism and Criminal Behavior: A Public Health-Quarantine Model. Southwest Philosophy Review 32 (1).
    One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical view per (...)
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  29. added 2015-06-04
    Ryan Pevnick (forthcoming). Should Civil Liberties Have Strict Priority? Law and Philosophy:1-31.
    Many political controversies involve conflicts between civil liberties and other important social goals. The orthodox view in liberal political theory is that civil liberties must be given strict priority over competing social goals because of the importance of the interests advanced by such liberties and/or their role in upholding the status of citizens. This paper criticizes both lines of argument. Interest-based arguments fail because we are sometimes willing to sacrifice the very fundamental interests of some citizens in order to advance (...)
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  30. added 2015-05-31
    Georgia Cole (forthcoming). Negotiating Durable Solutions for Refugees: A Critical Space for Semiotic Analysis. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-19.
    Despite the proliferation of specialised agencies designed to reduce the prevalence of refugees worldwide, the number of individuals fleeing persecution is increasing year on year as endemic violence in countries such as Iraq, Somalia and the Syrian Arab Republic continues. As a result, media broadcasts and political dialogues are saturated with discussions about these “persons of concern”. Fundamental questions nonetheless remain unanswered about what meaning these actors attribute to the label ‘refugee’ and what intent, other than paucity of knowledge, might (...)
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  31. added 2015-05-27
    Gerald Lang (forthcoming). Legitimating Torture? Criminal Law and Philosophy:1-19.
    Steinhoff defends the moral and legal permissibility of torture in a limited range of circumstances. This article criticizes Steinhoff’s arguments. The analogy between ordinary defensive violence and defensive torture which Steinhoff argues for is partly spoiled by the presence, within defensive torture, of opportunistic harm, in addition to eliminative harm. Steinhoff’s arguments that the mere legalization of defensive torture would not metastasize into a more full-fledged institutionalization of torture are also found wanting. As a minimal form of institutionalization, the mere (...)
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  32. added 2015-05-26
    Alasdair Cochrane (forthcoming). Prison on Appeal: The Idea of Communicative Incarceration. Criminal Law and Philosophy:1-18.
    In the classic abolitionist text, Prison on Trial, Thomas Mathieson argues that imprisonment cannot be justified by appeal to any standard punitive aim: rehabilitation, deterrence, incapacitation, or retribution. The aim of this paper is to give prison an ‘appeal hearing’: to examine whether it can be justified by a set of punitive aims not considered by Mathieson. In particular, it asks whether imprisonment can be justified by the ‘communicative’ theory of punishment proposed by Antony Duff. Duff sees imprisonment as having (...)
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  33. added 2015-05-26
    Emmanuel Melissaris (forthcoming). Posthumous ‘Punishment’: What May Be Done About Criminal Wrongs After the Wrongdoer’s Death? Criminal Law and Philosophy:1-17.
    The commission of criminal wrongs is occasionally revealed after the wrongdoer’s death. In such cases, there seems to be a widely-shared intuition, which also frequently motivates many people’s actions, that the dead should still be blamed and that some response, not only stemming from civil society but also the state, to the criminal wrong is necessary. This article explores the possibility of posthumous blame and punishment by the state. After highlighting the deficiencies of the pure versions of retributivism and general (...)
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  34. added 2015-05-25
    Jason Bainbridge (forthcoming). The Call to Do Justice”: Superheroes, Sovereigns and the State During Wartime. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-19.
    This paper maps superheroes as signifiers of substantive justice and their relationship with the state across two Coverian nomoi, World War II and the “war on terror”. It is argued that the central concern of most superhero narratives is justice, exploring both what it means and how it can best be articulated. This “call to do justice” becomes even more important during wartime where superheroes become agitators for cultural change, appropriating the sovereign decision during states of exception even as they (...)
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  35. added 2015-05-23
    Marco Geuna (2015). Machiavelli and the Problem of Dictatorship. Ratio Juris 28 (2):226-241.
    Machiavelli is the first modern political thinker who pays great attention to the magistracy of dictatorship. “Dictatorial authority,” as he puts it, is fundamental to the survival and prosperity of republics: It is the magistracy, the “ordinary mode,” to which they turn to deal with “extraordinary accidents,” political and military emergencies. Machiavelli's gaze is cast both on the Ancient and the Modern world: Although he concentrates on the Roman magistracy, he also pays attention to magistracies of the modern world that (...)
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  36. added 2015-05-23
    John P. McCormick (2015). Of Tribunes and Tyrants: Machiavelli's Legal and Extra‐Legal Modes for Controlling Elites. Ratio Juris 28 (2):252-266.
    This essay examines the two means by which Machiavelli thought republics could address the political problem of predatory socio-economic elites: Healthy republics, he proposes explicitly, should consistently check the “insolence of the nobles” by establishing constitutional offices like the Roman tribunes of the plebeians; corrupt republics, he suggests more subtly, should completely eliminate overweening oligarchs via the violent actions of a tyrannical individual. Roman-styled tribunes, wielding veto, legislative and accusatory authority, contain the oppressive behavior of socio-economic elites during normal republican (...)
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  37. added 2015-05-23
    Cesare Pinelli (2015). Machiavelli, Guicciardini and the “Governo Largo. Ratio Juris 28 (2):267-285.
    Niccolò Machiavelli's support for what he calls governo largo, or popular government, is usually contrasted with the diffidence towards it of Francesco Guicciardini, the Florentine aristocrat. The article argues that both these authors grounded their vision on Polybius' theory of “mixed government,” though adapting it in different directions. In examining this difference, the article reaches the conclusion that it concerns far less the degree of popular participation in political decision-making and government than the value that Machiavelli and Guicciardini respectively ascribe (...)
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  38. added 2015-05-23
    Benjamin Sachs (2015). The Crime of Self‐Solicitation. Ratio Juris 28 (2):180-203.
    I hold that we could justifiably criminalize some threats, on account of the fact that issuing them renders one more likely to commit a crime. But I also point out that if we criminalize some threat-issuing, we will de facto criminalize some warning-issuing, which is unjust. So we ought not to criminalize any threat-issuing. Instead, we should criminalize rendering oneself more likely to commit a crime. This would allow us to punish all the threat-issuers we should want to punish. It (...)
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  39. added 2015-05-23
    Nicola Riva (2015). Equal Chances and Equal Options: Two Conceptions of Equality of Opportunity. Ratio Juris 28 (2):293-306.
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  40. added 2015-05-23
    Mortimer N. S. Sellers (2015). Niccolò Machiavelli: Father of Modern Constitutionalism. Ratio Juris 28 (2):216-225.
    Niccolò Machiavelli is the father of modern constitutionalism. Constitutionalism began anew in the modern world with the study of the ancient republics and it was Machiavelli who inaugurated this revived science of politics. Five hundred years after the composition of Il Principe and the Discorsi we are still working out the implications of applying reason to the structures of law and government in pursuit of justice and the common good. Modern constitutionalism and ancient republicanism share three central beliefs: first, that (...)
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  41. added 2015-05-23
    Andreas Follesdal (2015). Machiavelli at 500: From Cynic to Vigilant Supporter of International Law. Ratio Juris 28 (2):242-251.
    Machiavelli's 500-year-old treatise The Prince outlined the central features of the realist tradition in international relations. His premises led him to question the likelihood of efficacious and stable international law and international courts, a skepticism that has present-day proponents. Machiavelli's reluctance was due to a combination of features of human nature and a focus on anarchic features of the relations among states. This article challenges these assumptions and implications: Other interpretations of human nature are closer to Machiavelli's text, and current (...)
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  42. added 2015-05-23
    Richard L. Lippke (2015). The Presumption of Innocence in the Trial Setting. Ratio Juris 28 (2):159-179.
    The starting frame with which jurors begin trials and the approach which they should take toward the presentation of evidence by the prosecution and defense are distinguished. A robust interpretation of the starting frame, according to which jurors should begin trials by presuming the material innocence of defendants, is defended. Alternative starting frames which are less defendant-friendly are shown to cohere less well with the notion that criminal trials should constitute stern tests of the government's case against those it has (...)
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  43. added 2015-05-23
    James Rocha (2015). The Homophobic Sexual Harassment Claim and Sexuality Discrimination. Ratio Juris 28 (2):204-215.
    In sexual harassment law scholarship, it is often argued that the reasonable person standard should give way to a reasonable victim standard. Yet, this latter standard may unintentionally invite homophobic employees to attempt to use a reasonable homophobe standard to charge gay supervisors with harassment merely for being openly gay at work. In response, I argue that we currently act on an unjustifiable distinction whereby we treat sexuality behavior as necessarily sexualized only for GLBTQ behavior. By disallowing this discriminatory treatment, (...)
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  44. added 2015-05-23
    Gilbert E. Plumer (2000). A Review of the LSAT Using Literature on Legal Reasoning. Law School Admission Council Computerized Testing Report 97 (8):1-19.
    Research using current literature on legal reasoning was conducted with the goals of (a) determining what skills are most important in good legal reasoning according to such literature, (b) determining the extent to which existing Law School Admission Test item types and subtypes are designed to assess those skills, and (c) suggesting test specifications or new or refined item types and formats that could be developed in the future to assess any important skills that appear [by (a) and (b)] to (...)
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  45. added 2015-05-21
    Luis Gómez Romero (forthcoming). The Jurisprudence of Ratatouille: The Rat in the Machine, or, the Equivocal Taste of Égaliberté. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-24.
    This article traces commonalities between the practices of visual animation and modern law through a political and jurisprudential reading of the animated film Ratatouille . It contends that Ratatouille’s treatment of the ontological and anthropological problem of the human soul not only addresses the philosophical complexities inherent to animation, but also the ideological and material conditions that currently govern the practice of égaliberté in contemporary liberal democracies.
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  46. added 2015-05-20
    Kimberley Brownlee (forthcoming). What’s Virtuous About the Law? Legal Theory:1-17.
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  47. added 2015-05-20
    John Danaher (forthcoming). Common Knowledge, Pragmatic Enrichment and Thin Originalism. Jurisprudence.
    The meaning of an utterance is often enriched by the pragmatic context in which it is uttered. This is because in ordinary conversations we routinely and uncontroversially compress what we say, safe in the knowledge that those interpreting us will “add in” the content we intend to communicate. Does the same thing hold true in the case of legal utterances like “This constitution protects the personal rights of the citizen” or “the parliament shall have the power to lay and collect (...)
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  48. added 2015-05-19
    Ricardo Restrepo Echavarría (2014). Independencia judicial y democracia en Ecuador. In Ricardo Restrep (ed.), Pugna de poderes, crisis orgánica e independencia judicial. IAEN 121-155.
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  49. added 2015-05-18
    Steven Sverdlik, Deterrent Punishment in Utilitarianism.
    This is a presentation of the utilitarian approach to punishment. It is meant for students. The first section discusses Bentham's psychological hedonism. The second briefly criticizes it. The third section explains abstractly how utilitarianism would determine of the right amount of punishment. The fourth section applies the theory to some cases, and brings out how utilitarianism could favor punishments more or less severe than the lex talionis.
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  50. added 2015-05-14
    Jillian Kramer (forthcoming). Mapping Terra Nullius: Hindmarsh, Wik and Native Title Legislation in Australia. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-22.
    In this paper, I argue that the Hindmarsh and Wik cases stand as crucial case studies that evidence the ongoing production of terra nullius within contemporary Australian contexts. They bring into focus the critical importance the signifiers of property, capitalist ‘productivity’ and legality within the settler-colonial state. Alongside notions of ‘civility,’ discourses surrounding ‘economic productivity’ and ‘equality before the law’ are consistently mobilised in these cases to assert white sovereignty. In contradistinction to the discourses that construct Indigenous people’s relation to (...)
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