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Forthcoming articles
  1. 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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    Akira Inoue (forthcoming). Can Luck Egalitarianism Serve as a Basis for Distributive Justice? A Critique of Kok-Chor Tan’s Institutional Luck Egalitarianism. Law and Philosophy:1-24.
    This paper examines whether Kok-Chor Tan’s institutional luck egalitarianism is successful as a pluralist luck egalitarian theory of justice and morality. In recent years, pluralist luck egalitarianism has become a salient theory of justice. Tan’s pluralist proposal for institutional luck egalitarianism is attractive because it seems to refute the metaphysical and practical challenges against luck egalitarianism. This paper demonstrates that, although Tan’s institutional luck egalitarianism is indeed a most sophisticated systematic pluralist theory of justice and morality, his argument fails because (...)
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    Seth Lazar (forthcoming). Complicity, Collectives, and Killing in War. Law and Philosophy:1-25.
    Recent work on the ethics of war has struggled to simultaneously justify two central tenets of international law: the Permission to kill enemy combatants, and the Prohibition on targeting enemy noncombatants. Recently, just war theorists have turned to collectivist considerations as a way out of this problem. In this paper, I reject the argument that all and only unjust combatants are liable to be killed in virtue of their complicity in the wrongful war fought by their side, and that noncombatants (...)
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    Carmen E. Pavel (forthcoming). A Legal Conventionalist Approach to Pollution. Law and Philosophy:1-27.
    There are no moral entitlements with respect to pollution prior to legal conventions that establish them, or so I will argue. While some moral entitlements precede legal conventions, pollution is part of a category of harms against interests that stands apart in this regard. More specifically, pollution is a problematic type of harm that creates liability only under certain conditions. Human interactions lead to harm and to the invasion of others’ space regularly, and therefore we need an account of undue (...)
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