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  1. An Acquittal for Epistemicism.Hesam Mohamadi - 2018 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 31 (4):905-928.
    Scott Soames argues that consideration of the practice of legal judgement gives us good reason to favor the partial-definition/context-sensitive theory of vagueness against epistemicism. Despite the fact that the value of power-delegation through vagueness is evidenced in practice, Soames says, epistemicism cannot account for it theoretically, while the partial-definition/context-sensitive theory is capable of it. In this paper, I examine the two possible arguments against epistemicism that can be extracted from Soames’s account: (i) an argument based on unknown obligations, and (ii) (...)
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  2. "Is the ‘Hate’ in Hate Speech the ‘Hate’ in Hate Crime? Waldron and Dworkin on Political Legitimacy," Jurisprudence (Forthcoming).Rebecca Ruth Gould - forthcoming - Jurisprudence.
    Among the most persuasive arguments against hate speech bans was made by Ronald Dworkin, who warned of the threat to political legitimacy posed by laws that deny those subject to them adequate opportunity for dissent. In his influential defence of hate speech bans, Jeremy Waldron addresses these objections. Dworkin’s concern with political legitimacy is misplaced, he argues, given the provision speech bans make for substituting permissible modes of expression for impermissible ones. I argue that this defence of speech bans misidentifies (...)
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  3. El filósofo, el legislador, y el sistema.A. Rábanos Julieta - 2017 - Revus. Journal for Constitutional Theory and Philosophy of Law / Revija Za Ustavno Teorijo in Filozofijo Prava 1.
    El objetivo del presente trabajo es sugerir que las cuestiones centrales relacionadas con el legislador no fueron abordadas en profundidad por Bulygin en el marco de su prolífica obra, conduciendo así a algunas inconsistencias internas en su pensamiento. Me propongo sugerir, específicamente, que: i) el ideal de sistema jurídico que sostiene en Normative Systems parece estar basado en el ideal del legislador racional; ii) el análisis de las lagunas normativas para Bulygin es dependiente de la existencia de un recorte en (...)
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  4. Morality Under Risk.Chad Lee-Stronach - 2018 - Dissertation,
    Many argue that absolutist moral theories -- those that prohibit particular kinds of actions or trade-offs under all circumstances -- cannot adequately account for the permissibility of risky actions. In this dissertation, I defend various versions of absolutism against this critique, using overlooked resources from formal decision theory. Against the prevailing view, I argue that almost all absolutist moral theories can give systematic and plausible verdicts about what to do in risky cases. In doing so, I show that critics have (...)
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  5. Justifying Resistance to Immigration Law: The Case of Mere Noncompliance.Caleb Yong - 2018 - Canadian Journal of Law and Jurisprudence 2 (31):459-481.
    Constitutional democracies unilaterally enact the laws that regulate immigration to their territories. When are would-be migrants to a constitutional democracy morally justified in breaching such laws? Receiving states also typically enact laws that require their existing citizens to participate in the implementation of immigration restrictions. When are the individual citizens of a constitutional democracy morally justified in breaching such laws? In this article, I take up these questions concerning the justifiability of noncompliance with immigration law, focusing on the case of (...)
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  6. Disobedience, Civil and Otherwise.Candice Delmas - 2017 - Criminal Law and Philosophy 11 (1):195-211.
    While philosophers usually agree that there is room for civil disobedience in democratic societies, they disagree as to the proper justification and role of civil disobedience. The field has so far been divided into two camps—the liberal approach on the one hand, which associates the justification and role of civil disobedience with the good of justice, and the democratic approach on the other, which connects them with the value and good of democracy. William Smith’s Civil Disobedience and Deliberative Democracy offers (...)
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  7. Democratic Authority and Respect for the Law.Harrison Frye & George Klosko - 2017 - Law and Philosophy 36 (1):1-23.
    In recent years, scholars have argued that democratic provenance of law establishes moral requirements to obey it. We argue against this view, claiming that, rather than establishing moral requirements to obey the law, democratic provenance grounds only requirements to respect it. Establishing what we view as this more plausible account makes clear not only exactly what democracy itself contributes to requirements to obey the law but also important difficulties proponents of democratic authority must overcome in order successfully to make their (...)
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  8. Coercion and Obligation as Exercises of Authority.Steve Coyne - 2016 - Jurisprudence 7 (3):575-592.
    How do exercises of authority different from requests, threats and advice? It is common to answer this question by emphasising the role of obligation, or the role of justified coercion, to the exclusion of the other. Using a distinction between an office of authority and an exercise of authority, I develop a taxonomy of such views of authority and present arguments against each of them. In place of these views, I argue for a symmetrical view of obligation and coercion within (...)
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  9. The Presumption of Liberty and the Coerciveness of the State.Cindy Phillips - 2016 - Jurisprudence 7 (3):557-574.
    A dominant belief in political philosophy is that states must be entitled to authorize the use of coercion in order to justifiably coerce its subjects. Call this view the entitlement view. On this view, for a state to justifiably coerce its subjects, a necessary condition is that it is entitled to authorize the use of coercion. Sceptics hold the entitlement view. However, they deny that states are entitled to authorize the use of coercion. This denial informs their views regarding the (...)
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  10. Obligation and Impersonality Wittgenstein and the Nature of the Social.Albert Ogien - 2016 - Philosophy of the Social Sciences 46 (6):604-623.
    Although sociologists conceive obligation as an objective force that compels individuals to act and think according to pre-defined norms of conduct and ways of reasoning, philosophers view it as an imperative that is met through the agent’s deliberation. The aim of this article is to undermine the standard dichotomy between the deterministically sociological and the moral–philosophical views of obligation by way of contending that Wittgenstein’s view on blind obedience bears a conception of the social. I will then argue that Wittgenstein’s (...)
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  11. How Democratic is Civil Disobedience?Daniel Weinstock - 2016 - Criminal Law and Philosophy 10 (4):707-720.
    In her book, Conscience and Conviction, Kimberley Brownlee argues that there is nothing undemocratic about the robust, primary right to civil disobedience that she devotes most of her argument to defending. To the contrary, she holds that there is nothing paternalistic about civil disobedients opposing the will of democratic majorities, because, inter alia, democratic majorities cannot claim particular epistemic superiority, and because there are flaws inherent to democratic procedures that civil disobedience addresses. I hold that Brownlee’s arguments fail. In particular, (...)
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  12. The Justification of Governmental Authority.Kurt Baier - 1972 - Journal of Philosophy 69 (20):700.
  13. The Objective Character of Legal "Intent.".J. F. Dashiell - 1931 - Psychological Review 38 (6):529-537.
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  14. Law and Authority in British Legal History, 1200–1900.Mark Godfrey (ed.) - 2016 - Cambridge University Press.
    By presenting original research into British legal history, this volume emphasises the historical shaping of the law by ideas of authority. The essays offer perspectives upon the way that ideas of authority underpinned the conceptualisation and interpretation of legal sources over time and became embedded in legal institutions. The contributors explore the basis of the authority of particular sources of law, such as legislation or court judgments, and highlight how this was affected by shifting ideas relating to concepts of sovereignty, (...)
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  15. Renzo's Attempt to Ground State Legitimacy on a Right to Self‐Defence, and the Uselessness of Political Obligation.Uwe Steinhoff - 2016 - Ratio Juris 29 (1):122-135.
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  16. Duties of Samaritanism and Political Obligation.Massimo Renzo - 2008 - Legal Theory 14 (4):310.
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  17. II. Illegal Actions, Universal Maxims, and the Duty To Obey the Law: The Case for Civil Authority in the Crito.D. M. Farrell - 1978 - Political Theory 6 (2):173-189.
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  18. Climate Change and Justice: A Non-Welfarist Treaty Negotiation Framework.Alyssa R. Bernstein - 2015 - Ethics, Policy and Environment 18 (2):123-145.
    Obstacles to achieving a global climate treaty include disagreements about questions of justice raised by the UNFCCC's principle that countries should respond to climate change by taking cooperative action "in accordance with their common but differentiated responsibilities and respective capabilities and their social and economic conditions". Aiming to circumvent such disagreements, Climate Change Justice authors Eric Posner and David Weisbach argue against shaping treaty proposals according to requirements of either distributive or corrective justice. The USA's climate envoy, Todd Stern, takes (...)
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  19. Foundational Myths and Actual Challenges: What is Political Exclusion About?Mariano Croce - 2015 - Jurisprudence 6 (3):644-650.
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  20. Authority, Recognition, and the Grounds of Promise.Daniel Markovits - 2015 - Jurisprudence 6 (2):349-356.
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  21. The Scales of Authority.J. Grant - 2015 - American Journal of Jurisprudence 60 (1):79-104.
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  22. The Ghost of Authority.Garrett Hardin - 1966 - Perspectives in Biology and Medicine 9 (2):289-297.
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  23. Authority, Nationality, and Minorities.Alex Schwartz - 2015 - Ratio Juris 28 (3):354-371.
    Prominent normative theories for accommodating minority national groups appeal to the value of national cultures and/or the psychology of group recognition. This article aims to show that an argument from political authority provides a better justification. Building on Joseph Raz's theory of authority, the article argues that members of minority national groups are disadvantaged in relation to their majority counterparts under standard democratic institutions; such institutions do not provide minority national groups with comparable access to the conditions for legitimate political (...)
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  24. Machiavelli and the Problem of Dictatorship.Marco Geuna - 2015 - 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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  25. The Foundations of Legal Obligation.Robert A. Kominar - unknown
    Source: Masterss International, Volume: 40-07, page:. Thesis --University of Windsor, 1975.
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  26. Pareto’s Sociological Maximum of Utility of the Community and the Theory of the Elites.Paolo Silvestri & Francesco Forte - 2013 - In Jurgen Backhaus (ed.), Essentials of Fiscal Sociology. Conceptions of an Encyclopedia. Peter Lang. pp. 231-265.
    The paper deals with three interrelated Pareto’s contributions to fiscal sociology of relevant contemporary importance, i. e., the maximum of utility of the community as a sociological process (Pareto II criterion of maximum welfare), the non logical actions consisting of derivations based on residuals and the theory of the elites. Pareto II welfare criterion of sociological maximization of individual utilities is compared with Pareto I welfare criterion, commonly known as Pareto criterion, introducing the process of valuations by the elite of (...)
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  27. Richard Vernon: Cosmopolitan Regard: Political Membership and Global Justice. [REVIEW]Catherine Lu - 2015 - Criminal Law and Philosophy 9 (1):171-175.
    We live in a time of “cosmopolitan regard,” when there is widespread acknowledgement that every person has moral importance. At the same time, most of us affirm and practice particular regard for our family, friends and compatriots, despite knowing that in our contemporary world, every day, many people, in many places, are treated like nothing. Are cosmopolitan and particular regard fated to be irreconcilable features of our moral lives? Are the grounds for our moral duties to our fellow citizens fundamentally (...)
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  28. Responsibility, Authority, and the Community of Moral Agents in Domestic and International Criminal Law.Ryan Long - 2014 - International Criminal Law Review 14 (4-5):836 – 854.
    Antony Duff argues that the criminal law’s characteristic function is to hold people responsible. It only has the authority to do this when the person who is called to account, and those who call her to account, share some prior relationship. In systems of domestic criminal law, this relationship is co-citizenship. The polity is the relevant community. In international criminal law, the relevant community is simply the moral community of humanity. I am sympathetic to his community-based analysis, but argue that (...)
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  29. The Constitution of Authority: A Review of Joseph Raz, Between Authority and Interpretation: On the Theory of Law and Practical Reason. [REVIEW]Michael Sevel - 2014 - Jurisprudence 5 (2):430-441.
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  30. Authority.Joseph Raz - 1990
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  31. Narrative, Authority, and Law.Robin West - 1993
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  32. Select Passages on Duty to the State, and Kindred Subjects, Arranged by J.G. Jennings.James George Jennings - 1913
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  33. Science in Authority.Lancelot Hogben - 1964 - Philosophy of Science 31 (2):184-186.
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  34. Freedom, Law and Authority: Norman Barry.Norman Barry - 1988 - Royal Institute of Philosophy Supplement 24:191-223.
    Despite the emphasis on the state in the history of political philosophy, the twentieth century has been characterized by a remarkable lack of philosophical reflection on the concept. Until recently analytical philosophy had eschewed those evaluative arguments about political obligation and the limits of state authority that were typical of political theory in the past in favour of the explication of the meaning of the concept. However, even here the results have been disappointing. Logical Positivist attempts to locate some unique (...)
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  35. Allen, R. E., "Socrates and Legal Obligation". [REVIEW]Joseph Cropsey - 1982 - Ethics 93:623.
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  36. A Duty to Obey the Law: For or Against?Christopher Heath Wellman & A. John Simmons - 2009 - Law and Philosophy 28 (1):101-107.
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  37. Justification and Legitimacy: Essays on Rights and Obligations.A. John Simmons - 2003 - Law and Philosophy 22 (2):195-216.
    A. John Simmons is widely regarded as one of the most innovative and creative of today's political philosophers. His work on political obligation is regarded as definitive and he is also internationally respected as an interpreter of John Locke. The characteristic features of clear argumentation and careful scholarship that have been hallmarks of his philosophy are everywhere evident in this collection. The essays focus on the problems of political obligation and state legitimacy as well as on historical theories of property (...)
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  38. A Rawlsian Dual Duty Of Assistance.Hugo Seleme - 2010 - Canadian Journal of Law and Jurisprudence 23 (1):163-178.
    This paper seeks to specify the requirements that follow from the Rawlsian duty of assistance. In order to determine them, the hypothesis I will defend is that this duty is a specification of the natural duty of justice. This interpretation has several advantages: a) It facilitates the task of appreciating how one of the most important parts of the Rawlsian conception of international justice presented in The Law of Peoples is connected with the natural duty of justice presented in A (...)
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  39. "Whose Keeper? Social Science and Moral Obligation", by Alan Wolfe. [REVIEW]Richard W. Wilson - 1993 - Philosophy of the Social Sciences 23 (1):108.
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  40. The Duty to Criminalize.Alon Harel - 2015 - Law and Philosophy 34 (1):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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  41. Is Constitutional Rigidity the Problem? Democratic Legitimacy and the Last Word.José Luis Martí - 2014 - Ratio Juris 27 (4):550-558.
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  42. The Philosophy of Law in Historical Perspective. [REVIEW]E. B. F. - 1959 - Review of Metaphysics 12 (4):663-663.
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  43. A General Theory of Authority. [REVIEW]T. B. T. J. - 1964 - Review of Metaphysics 17 (3):482-482.
  44. Existentialismus Und Rechtswissenschaft. [REVIEW]H. E. L. - 1955 - Review of Metaphysics 9 (1):158-158.
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  45. A Dialogue Between a Philosopher and a Student of Law of the Common Laws of England. [REVIEW]S. C. A. - 1971 - Review of Metaphysics 25 (2):354-354.
  46. In Defense of a Moral Duty to Obey the Law.Joshua Gert - 2013 - Teaching Ethics 14 (1):83-92.
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  47. On A Recent Theory of "Legal Obligation".Bruno Leoni - 2009 - Libertarian Papers 1:16.
    This paper, by the late Bruno Leoni, was originally published in the Italian journal Il Politico in 1966. In the article, Leoni reviews H.L.A. Hart’s The Concept of Law . Hart first analyzes the concept of law by resorting to the classical concept of “obligation.” But he later tries a “fresh start” by resorting to the concept of “secondary rules.” In his review, Leoni argues that the former attempt is confronted with serious difficulties, and that the latter attempt is ultimately (...)
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  48. The Authority of Law in the Circumstances of Politics.Mark Capustin - 2007 - Canadian Journal of Law and Jurisprudence 20 (2):297-322.
    Joseph Raz’s influential account of authority holds that authority is normally justified by the authority’s ability to issue directives that, if followed, would increase a norm subject’s chances of conforming to the requirements of right reason. Jeremy Waldron raises a number of challenging and important questions about whether Raz’s account of authority can usefully illuminate our understanding of law’s authority in contemporary democracies, where laws are enacted by large, diverse legislatures in circumstances of disagreement. I examine a number of these (...)
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  49. Do We Have a Right to Common Goods?Andrei Marmor - 2001 - Canadian Journal of Law and Jurisprudence 14 (2):213-225.
    The essay explores the question of whether people can have a right to common goods, such as the flourishing of their culture or national heritage. It first explains the concept of a common good and its distinction from other similar concepts, such as collective and public goods. Second, it argues that individuals ought not to have a right to common goods, unless a particular distributive principle applies to the good in question, and then the individual's right is the right to (...)
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  50. Social Meaning, Compliance Conditions, and Law's Claim to Authority.William Edmundson - 2002 - Canadian Journal of Law and Jurisprudence 15 (1):51-67.
    Political authorities claim to be able to impose moral duties on citizens by the mere expedient of legislating. This claim is problematic -- in fact, among theorists, it is widely denied that political authorities have such powers. I argue that the legitimacy of political authority is not contingent upon the truth of its claim to be able to impose moral duties by mere legislation. Such claims are better seen as exercises of semiotic techniques to alter social meanings. These alterations serve (...)
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