Philosophy of Law

Edited by Aness Webster (Nottingham University)
Assistant editors: Stephen Bero, Renee Bolinger
86 found
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1 — 50 / 86
  1. added 2018-04-19
    Crimes of Terrorism on Innocent Iraqis From to : A Semiotic Study.Ali Haif Abbas & Enas Naji Kadim - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-20.
    Terrorist organisations have increased and widened in Iraq in particular and the world in general in recent years. People have suffered a lot from these terrorist organisations due to their thirst for killing innocent civilians. The study aims to convey the suffering of innocent Iraqis caused by terrorist acts to the world. In order to achieve the aim, the research adopted Barthes’s framework to analyse the selected photographs. The researchers have selected iconic photographs for the analysis. The photographs are taken (...)
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  2. added 2018-04-18
    Recent Developments.Jeffrey Ellsworth & Sandy Lamalle - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-4.
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  3. added 2018-04-18
    Retributarianism: A New Individualization of Punishment.Hadar Dancig-Rosenberg & Netanel Dagan - forthcoming - Criminal Law and Philosophy:1-19.
    This article seeks to reveal, conceptualize, and analyze a trend in the development of the retributive theory of punishment since the beginning of the 21st century. We term this trend “retributarianism.” It is reflected in the emergence of retributive approaches that through expanding the concepts of censure and culpability extend the relevant time-frame for assessing the deserved punishment beyond the sentencing moment. These retributarian approaches are characterized by the individualization of retributivism. On one hand, retributarianism shares with classic retributivism the (...)
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  4. added 2018-04-18
    Symposium on Seth Lazar’s Sparing Civilians : Introduction.Helen Frowe - forthcoming - Law and Philosophy:1-13.
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  5. added 2018-04-15
    Recovering Lost Moral Ground.James Mahon & Joseph Mahon - 2016 - In Kevin Decker, David Koepsell & Robert Arp (eds.), Philosophy and Breaking Bad. New York, USA: Palgrave Macmillan. pp. 143-160.
    Is it possible to recover lost moral ground? In the closing episodes of the TV show "Breaking Bad", it becomes clear that the protagonist, Walter White, believes that the correct answer to this question is an affirmative one. Walt believes that he can, and that he has, recovered lost moral ground. "Breaking Bad" may be said to explore two distinct and incompatible ways of attempting to recover lost moral ground. The fi rst way is revisionist. This is to rewrite the (...)
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  6. added 2018-04-14
    Hitting Retributivism Where It Hurts.Nathan Hanna - forthcoming - Criminal Law and Philosophy:1-19.
    Many philosophers think that, when someone deserves something, it’s intrinsically good that she get it or there’s a non-instrumental reason to give it to her. Retributivists who try to justify punishment by appealing to claims about what people deserve typically assume this view or views that entail it. In this paper, I present evidence that many people have intuitions that are inconsistent with this view. And I argue that this poses a serious challenge to retributivist arguments that appeal to desert.
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  7. added 2018-04-14
    The Debate on Constitutional Courts and Their Authority Between Legal and Political Constitutionalism.Valerio Fabbrizi - 2016 - Philosophica Critica 2 (2):47-70.
    The paper is focused on the criticisms that theorists of political constitutionalism raise against legal constitutionalism, especially with regard to the idea of representation and political sovereignty. At the same time, the intention is to reconstruct the debate between legal and political constitutionalism in contemporary liberalism, starting from the so-called counter-majoritarian difficulty. This debate concerns two different approaches: the political one rejects the idea of judicial review by the Supreme Court because it may establish a possible rule of the judges (...)
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  8. added 2018-04-13
    The Citizen Victim: Reconciling the Public and Private in Criminal Sentencing.Jeffrey Kennedy - forthcoming - Criminal Law and Philosophy:1-26.
    In recent decades, increased attention has been given to the place of the victim within criminal justice systems. Advocates have called for recognition and participation for victims of crime, and widespread political support throughout common law jurisdictions has resulted in a number of reforms. While some have proven uncontroversial, the question of victim input into sentencing decisions has emerged as a highly contentious issue within scholarship. Scholars have been concerned with the potentially corrupting influence of victims’ private preferences and dispositions (...)
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  9. added 2018-04-13
    Mandatory Minimums and the War on Drugs.Daniel Wodak - forthcoming - In David Boonin (ed.), Palgrave Handbook of Philosophy and Public Policy. Palgrave.
    Mandatory minimum sentencing provisions have been a feature of the U.S. justice system since 1790. But they have expanded considerably under the war on drugs, and their use has expanded considerably under the Trump Administration; some states are also poised to expand drug-related mandatory minimums further in efforts to fight the current opioid epidemic. In this paper I outline and evaluate three prominent arguments for and against the use of mandatory minimums in the war on drugs—they appeal, respectively, to proportionality, (...)
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  10. added 2018-04-12
    Challenges to Living Together, or What Matters? Semioethic Approach to Global-Communicative Problems.Andreas Ventsel - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-7.
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  11. added 2018-04-12
    Should I Be Proud of Liberalism with Excellence? On the Collective Grounds of Self-Respect.Zofia Stemplowska - forthcoming - American Journal of Jurisprudence.
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  12. added 2018-04-09
    Crime Victims and the Right to Punishment.David Alm - forthcoming - Criminal Law and Philosophy:1-19.
    In this paper, I consider the question of whether crime victims can be said to have a moral right to see their victimizers punished that could explain why they often feel wronged or cheated when the state fails to punish offenders. In the first part, I explain what I mean by a “right to punishment” and what it is for such a right to “explain” the frustrated crime victim’s reaction. In the second part, I distinguish such a right from a (...)
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  13. added 2018-04-09
    Reading Wilhelm Furtwängler Jurisprudentially: Furtwängler’s Music Making in the Light of Legal Philosophy.Rudolf Michael Ondrich - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-39.
    This article examines the work of the German conductor Wilhelm Furtwängler through legal philosophy by applying recent scholarship in the intersection of law and music and a method which MacNeil describes as ‘reading jurisprudentially.’ Furtwängler saw himself as a custodian of a great German cultural tradition, a tradition which included not only German musicians but German jurists such as Friedrich Carl von Savigny and Carl Schmitt. Due to this shared German tradition, concepts in Furtwängler’s philosophy of music shares parallels with (...)
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  14. added 2018-04-09
    Introduction: Symposium on Paul Gowder, the Rule of Law in the Real World.Matthew J. Lister - forthcoming - St. Louis University Law Journal 62.
    This is a short introduction to a book symposium on Paul Gowder's recent book, _The Rule of Law in thee Real World_ (Cambridge University Press, 2016). The book symposium will appear in the St. Luis University Law Journal, 62 St. Louis U. L.J., -- (2018), with commentaries on Gowder's book by colleen Murphy, Robin West, Chad Flanders, and Matthew Lister, along with replies by Paul Gowder.
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  15. added 2018-04-08
    Disparate Statistics.Kevin P. Tobia - 2017 - Yale Law Journal 126 (8):2382-2420.
    Statistical evidence is crucial throughout disparate impact’s three-stage analysis: during (1) the plaintiff’s prima facie demonstration of a policy’s disparate impact; (2) the defendant’s job-related business necessity defense of the discriminatory policy; and (3) the plaintiff’s demonstration of an alternative policy without the same discriminatory impact. The circuit courts are split on a vital question about the “practical significance” of statistics at Stage 1: Are “small” impacts legally insignificant? For example, is an employment policy that causes a one percent disparate (...)
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  16. added 2018-04-06
    Listening Back: Music, Cultural Heritage and Law.Robbie Sykes - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-4.
    As a performative activity, music has the potential to help explain the interpretive and rhetorical work of lawyering. As an aesthetic creation that reflects and shapes individual identities and social bonds, music is a cultural force that may contest or enhance political and legal power. The papers in this special issue contribute to the expanding field that pairs law and music by examining how music has affected legal practices and legal thinking in particular historical and cultural instances.
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  17. added 2018-04-06
    Introduction to the Symposium on Matthew Kramer’s Liberalism with Excellence.Anthony Taylor & Paul Billingham - forthcoming - American Journal of Jurisprudence.
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  18. added 2018-04-03
    Peppa Pig and Friends.Francesco Mangiapane - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-21.
    This paper presents the first results of an ongoing semiotic research over TV series targeted to early childhood in Italy. In particular, it focuses on discussing and explaining the great success of the animated series Peppa Pig aired in Italy on the thematic channel Rai YoYo, by comparing it with other series available in the same channel, in the period of its first launch. Most of the programs taken into account refers to animals with the purpose of using them as (...)
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  19. added 2018-04-03
    Animals, Slaves, and Corporations: Analyzing Legal Thinghood.Visa A. J. Kurki - 2017 - German Law Journal 18 (5):1070-1090.
    The Article analyzes the notion of legal “thinghood” in the context of the person–thing bifurcation. In legal scholarship, there are numerous assumptions pertaining to this definition that are often not spelled out. In addition, one’s chosen definition of “thing” is often simply taken to be the correct one. The Article scrutinizes these assumptions and definitions. First, a brief history of the bifurcation is offered. Second, three possible definitions of “legal thing” are examined: Things as nonpersons, things as rights and duties, (...)
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  20. added 2018-04-03
    Toward an Ethics of Lobbying: Affirmative Obligations to Listen.Heidi Li Feldman - 2014 - Georgetown Journal of Law and Public Policy 12:493-504.
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  21. added 2018-04-03
    The Distinctiveness of Appellate Adjudication.Heidi Li Feldman - 2012 - Washington University Journal of Jurisprudence 5:61-105.
    This paper concerns two topics which, I hope to show, are vitally connected. One is the distinctive importance of appellate adjudication in the legal system of United States. The other is the workings of entangled concepts in the law. That appellate adjudication is important in some sense may seem obvious to everybody (to a few it will seem obvious that appellate adjudication is unimportant). My point will be that via appellate adjudication courts engineer entangled legal concepts, and it is this (...)
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  22. added 2018-04-02
    A Theory of Judicial Constitutional Design.Roberto Mancilla - 2017 - International Journal of Political Theory 2 (1):64-88.
    The purpose of this paper is to describe how judges engage in constitutional design, irrespective of legal tradition. I examine in great detail the role of the judge: as a conflict solver, as a member of an institution, as part of the political system and as a human being, for those are factors that intervene in the activities he makes. I later analyze the dynamics that a Constitution can have: the change in their structure conceptualized as interpretation, mutation and resistance (...)
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  23. added 2018-03-31
    The Representation of Laji’Een and Muhajireen in the Headlines of Jordan News Agency.Ahmad S. Haider & Saleh Olimy - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-32.
    This paper explores the representation of Laji’een and Muhajireen in Jordan News Agency. It uses the headlines of a 2.5 million word corpus of Arabic news articles in a time span of 5 years from 2012 to 2016. Chronologically analyzing the headlines shows a change in the representation of and attitudes towards refugees and migrants over the investigated period. The analysis of the headlines shows that 2012 starts with providing the assistance to the refugees then at a later stage of (...)
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  24. added 2018-03-29
    Ehre, Geschlecht und Recht.Anne Siegetsleitner - manuscript
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  25. added 2018-03-29
    Bestialitatis and the New Ethics on “Human” Animals.Giuditta Bassano - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-17.
    This article discusses how the legal systems in several Western countries, with a special focus on Italy, address our present day animal rights movement and how these legal systems can faithfully reflect the movement’s values as well as promote them in a manner that will ultimately change the rights themselves and their cultural context: this is an extremely interesting issue for the semiotic study of the “humanization of animals”. Therefore, I will summarize several semiotic arguments using the model of the (...)
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  26. added 2018-03-27
    The Senility of Group Solidarity and Contemporary Multiculturalism: A Word of Warning From a Medieval Arabic Thinker.Annalisa Verza - forthcoming - Ratio Juris.
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  27. added 2018-03-26
    The Philosophers' Brief on Chimpanzee Personhood.Kristin Andrews, Gillian Crozier, Sue Donaldson, Andrew Fenton, L. Syd M. Johnson, Robert Jones, Will Kymlicka, Letitia Meynell, Nathan Nobis, David Pena-Guzman, James Rocha, Bernard Rollin, Jeff Sebo, Adam Shriver, Rebecca Walker & Gary Comstock - 2018 - Proposed Brief by Amici Curiae Philosophers in Support of the Petitioner-Appelllant Court of Appeals, State of New York,.
    In this brief, we argue that there is a diversity of ways in which humans (Homo sapiens) are ‘persons’ and there are no non-arbitrary conceptions of ‘personhood’ that can include all humans and exclude all nonhuman animals. To do so we describe and assess the four most prominent conceptions of ‘personhood’ that can be found in the rulings concerning Kiko and Tommy, with particular focus on the most recent decision, Nonhuman Rights Project, Inc v Lavery.
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  28. added 2018-03-25
    The Moral Distinction Between Combatants and Noncombatants: Vulnerable and Defenceless.Victor Tadros - forthcoming - Law and Philosophy:1-24.
    In Sparing Civilians, Seth Lazar claims that in war, with rare exceptions, killing noncombatants is worse than killing combatants. This paper raises some doubts about whether this is an important principle – at least, once we understand Lazar’s clarifications. It also suggests that however it is clarified, it seems false. And it suggests a related principle that more plausible. This related principle applies only to those with just aims, and it applies only to intentional killing rather than to all forms (...)
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  29. added 2018-03-24
    Hohfeld's Arc.Mark Andrews - manuscript
    The eight jural relations defined by Wesley Hohfeld unite the many legal relationships that exist in American law. Together they are all part of a single structure, and this structure forms both a normal curve and a square of opposition. The two images express the process of legal analysis.
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  30. added 2018-03-23
    Lies and Free Speech Values.Leslie Kendrick - forthcoming - Law and Philosophy:1-12.
    In the short time since Seana Shiffrin published Speech Matters, ‘fake news’ and ‘alternative facts’ have become full-blown phenomena, and various forces have destabilized the line between truth and falsity. Now more than ever, Shiffrin’s project is one of urgent importance. This essay examines Chapter Four of Speech Matters, which asks the crucial question: when and how may the law regulate lies? Shiffrin concludes that the law could regulate lies much more often than it does, though sometimes it ought not (...)
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  31. added 2018-03-22
    Looking Forward to Play: The Persuasive Strategies of a Dog.Maria Pia Pozzato - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-9.
    The author analyses, with semiotic tools, the behaviour of a dog that she observed in Trieste, along the famous promenade called “Barcola”. The animal had been playing with its masters on the seashore and then brought back onto the avenue ready to go home. The dog repeatedly tried, with different strategies, to convince its masters to return to shore and continue their play. The tripling of the trials that is so typical of fairy tales was observed to have been enacted: (...)
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  32. added 2018-03-22
    Law as Authoritative Fiction.Andrei Marmor - forthcoming - Law and Philosophy:1-25.
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  33. added 2018-03-22
    Legal Agreements and the Capacities of Agents.Andrei Buckareff - 2014 - In Law and the Philosophy of Action. Leiden, Netherlands: Brill. pp. 195-219.
    Most work at the intersection of law and the philosophy of action focuses on criminal responsibility. Unfortunately, this focus has been at the expense of reflecting on how the philosophy of action might help illuminate our understanding of issues in civil law. In this essay, focusing on Anglo-American jurisprudence, we examine the conditions under which a party to a legal agreement is deemed to have the capacity required to be bound by that agreement. We refer to this condition as the (...)
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  34. added 2018-03-21
    On the Scope, Jurisdiction, and Application of Rationality and the Law.Daniel Fogal - forthcoming - Problema.
  35. added 2018-03-20
    Ironic Animals: Bestiaries, Moral Harmonies, and the ‘Ridiculous’ Source of Natural Rights.Mario Ricca - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-26.
    The Bible recounts that in Eden, Adam gives names to all the animals. But those names are not only representations of the animals’ nature, rather they shape and constitute it. The naming by Adam contains in itself the divide between the human and non-human. Then, there is the Fall: Adam falls and forgets Being. Though he may still remember the names he gave to the animals in Eden, he is no longer sure about their meaning. Adam will have to try (...)
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  36. added 2018-03-19
    Two Misunderstandings About Public Justification and Religious Reasons.Aurélia Bardon - forthcoming - Law and Philosophy:1-31.
    Two important objections have been raised against exclusivist public reason. First, it has been argued that EPR entails an unjust burden for citizens who want to appeal to non-public reasons, especially religious reasons. Second, it has been argued that EPR is based on a problematic conception of religious reasons and that it ignores the fact that religious reasons can be public as well. I defend EPR against both objections. I show that the first objection conflates two ideas of public justification (...)
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  37. added 2018-03-19
    Hoskins’s New Benefit-Fairness Theory of Punishment.Peter Chau - forthcoming - Criminal Law and Philosophy:1-13.
    The benefit-fairness theory of punishment, which is one of the most prominent retributive justifications of punishment, appeals to some benefits received by an offender in explaining why it is fair to impose punitive burdens on him. However, many see the two traditional versions of the theory, found in the works by writers such as Herbert Morris, Jeffrie Murphy, and George Sher, as being susceptible to fatal objections. In a recent paper, “Fairness, Political Obligation, and Punishment,” Zachary Hoskins offers a new (...)
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  38. added 2018-03-17
    Strengthening Moral Distinction.Seth Lazar - forthcoming - Law and Philosophy:1-23.
    The authors in this symposium on Sparing Civilians gave me much to think about; their criticisms have helped me to strengthen the argument for moral distinction, and enhance the moral protection of civilians in war. In this response I address their objections thematically, focusing in turn on each chapter of the book.
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  39. added 2018-03-14
    Political Liberties and Social Equality.Inigo González-Ricoy & Jahel Queralt - forthcoming - Law and Philosophy:1-26.
    This paper examines the link between political liberties and social equality, and contends that the former are constitutive of, i.e. necessary to secure, the latter. Although this constitutive link is often assumed in the literature on political liberties, the reasons why it holds true remain largely unexplored. Three such reasons are examined here. First, political liberties are constitutive of social equality because they bestow political power on their holders, leaving disenfranchised individuals excluded from decisions that are particularly pervasive, coercively enforced, (...)
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  40. added 2018-03-14
    Philosophical Foundations of Judicial Review.Cristina Lafont - 2016 - In David Dyzenhaus (ed.), Philosophical Foundations of Constitutional Law. Oxford: Oxford University Press. pp. 265-282.
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  41. added 2018-03-12
    Neural and Environmental Modulation of Motivation: What's the Moral Difference?Thomas Douglas - forthcoming - In David Birks & Thomas Douglas (eds.), Treatment for Crime: Philosophical Essays on Neurointerventions in Criminal Justice. Oxford: Oxford University Press.
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  42. added 2018-03-12
    Introduction.Thomas Douglas & David Birks - forthcoming - In David Birks & Thomas Douglas (eds.), Treatment for Crime: Philosophical Essays on Neurointerventions in Criminal Justice. Oxford: Oxford University Press.
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  43. added 2018-03-12
    Biological Interventions for Crime Prevention.Christopher Chew, Thomas Douglas & Nadira Faber - forthcoming - In David Birks & Thomas Douglas (eds.), Treatment for Crime: Philosophical Essays on Neurointerventions in Criminal Justice. Oxford: Oxford University Press.
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  44. added 2018-03-10
    Law as Language (in Contemporary Analytic Philosophy).Jose Juan Moreso & Samuele Chilovi - manuscript
  45. added 2018-03-10
    Il diritto come linguaggio (nella filosofia analitica contemporanea).Jose Juan Moreso & Samuele Chilovi - 2016 - In G. Bongiovanni (ed.), Che cosa è il diritto. Ontologie e concezioni del giuridico. Torino: Giappichelli. pp. 373-412.
  46. added 2018-03-09
    Legal Punishment and Free Will: An Epistemic Argument Against Retributivism.Gregg D. Caruso - forthcoming - Neuroethics.
    While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In Section 1 of this paper, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In Section 2, I then (...)
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  47. added 2018-03-08
    Resolving Judicial Dilemmas.Alexander Sarch & Daniel Wodak - forthcoming - Virginia Journal of Criminal Law.
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  48. added 2018-03-08
    What Does ‘Legal Obligation’ Mean?Daniel Wodak - forthcoming - Pacific Philosophical Quarterly.
    What do normative terms like “obligation” mean in legal contexts? On one view, which H.L.A. Hart may have endorsed, “obligation” is ambiguous in moral and legal contexts. On another, which is dominant in jurisprudence, “obligation” has a distinctively moralized meaning in legal contexts. On a third view, which is often endorsed in philosophy of language, “obligation” has a generic meaning in moral and legal con- texts. After making the nature of and disagreements between these views precise, I show how linguistic (...)
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  49. added 2018-03-06
    Compromise and the Value of Widely Accepted Laws.Fabian Wendt - 2017 - In Christian F. Rostboll & Theresa Scavenius (eds.), Compromise and Disagreement in Contemporary Political Theory. London: Routledge. pp. 50-62.
    The article defends the claim that if some laws are (or would be) widely accepted, this provides pro tanto moral reasons to support these laws and not to support otherwise better laws that are not widely accepted. In that sense the value of having widely accepted laws provides moral reasons to make compromises in politics, and it justifies a modest and qualified status quo bias. Widely accepted laws are valuable because they reduce enforcement costs, have symbolic value, help to maintain (...)
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  50. added 2018-03-02
    The Speaker Dilemma in Legal Implicatures: Comparisons and Further Issues.Samuele Chilovi - 2016 - In A. Ferreira Leite de Paula (ed.), Truth and Objectivity in Law and Morals, Proceedings of the Second Special Workshop held at the 27th World Congress of the International Association for Philosophy of Law and Social Philosophy in Washington D.C., 2015, Archiv für Rechts- und Sozial philos. Stuttgart: Franz Steiner Verlag..
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