Philosophy of Law

Edited by Aness Webster (Nottingham University)
Assistant editors: Renee Jorgensen, Stephen Bero
123 found
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1 — 50 / 123
  1. added 2021-06-24
    The Preamble (Ed.).Deepa Kansra - 2013 - New Delhi, Delhi, India: Universal Law Publishing Co..
    Constitutions all over the world are propelling significant reforms and innovations for their respective societies. What ushers such dynamism is a fundamental question. Taking the case of India, the constitutional philosophy as reflected in the text of the Constitution has permitted growth and expansion in terms of rights, opprtunities, institutional arrangements etc. WIthin the constitution, the preamble expresses this philosophy. -/- On preambles, there is growing international consensus on their role in the developement of societies. The preambles are said to (...)
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  2. added 2021-06-22
    Olemisen oikeudenmukaisuus: laki ja järjestys esisokraattisilla ajattelijoilla.Jussi Backman - 2015 - Tiede Ja Edistys 40 (1):27-42.
    Lähtökohtanaan Jean-Paul Vernantin ja Albrecht Dihlen historialliset teesit artikkeli tarkastelee tärkeimpien ”lakia ja järjestystä” ilmaisevien käsitteiden (nomos, dikē) roolia esisokraattisten filosofien, erityisesti Anaksimandroksen, Herakleitoksen ja Parmenideen, ajattelussa. Arkaaisessa kreikkalaisessa ajatusmaailmassa sekä luonnon että ihmisyhteisön sisäinen tasapaino ilmentää moninaisen jumalmaailman ja ihmisten välistä vuorovaikutusta. Esisokraatikot ajattelevat todellisuutta eriytyneenä ykseytenä, jonka moninaisuutta sitoo yhteen yhtenäinen perusrakenne; tämän mallin uusi filosofia jäsentää uudesta polis-ajattelusta lainattujen käsitteiden avulla. Tämä esisokraatikkojen ”poliittinen ontologia” ja toisaalta nomoksen, yhteisöllisen normiston, enenevä ymmärtäminen inhimillisenä konventiona, mahdollistaa fysiksen ja nomoksen, (...)
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  3. added 2021-06-20
    A Review of Elinor Mason’s Ways to be Blameworthy. [REVIEW]Andreas Brekke Carlsson - forthcoming - Criminal Law and Philosophy:1-7.
    In this review, I summarize Elinor Mason’s Ways to be Blameworthy and raise some worries concerning three aspects of her book: her account of the knowledge condition on moral responsibility, her notion of blame and its justification as well as Mason’s conception of extended blameworthiness.
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  4. added 2021-06-20
    La inalienabilidad de los derechos como incompetencia del titular.Noelia Martínez Doallo - 2021 - Anuario de Filosofía Del Derecho 37 (1):229-256.
    Concebir los derechos como una protección no-paternalista de los intereses de sus titulares supone aceptar que su aspecto más relevante consiste en la provisión de una competencia para renunciar o consentir su inobservancia por terceros, lo cual no tiene por qué coincidir con la mejor estimación de sus intereses, aun cuando estos últimos juegan un papel importante en la justificación de las posiciones jurídicas implicadas. A partir de la tesis de la correlatividad, los conceptos jurídicos fundamentales de W.N. Hohfeld y (...)
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  5. added 2021-06-18
    State Obligations Under International Criminal Law.Deepa Kansra - 2014 - Rostrum's Law Review 1 (4):1-.
    The prosecution of international crimes is a challenge both under international and domestic law. Taking the example of international criminal law (ICL) , the fullest realization of its objectives is influenced by many factors including; (a) the adoption of appropriate laws by states, (b) the adequacy of the ICL framework on definitions of crimes and principles of criminal responsibility, (c) the level of political control and involvement in decision making related to investigation, prosecution or extradition, (d) Problems with exclusion including (...)
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  6. added 2021-06-17
    Do Formalist Judges Abide By Their Abstract Principles? A Two-Country Study in Adjudication.Piotr Bystranowski, Bartosz Janik, Maciej Próchnicki, Ivar Rodriguez Hannikainen, Guilherme da Franca Couto Fernandes de Almeida & Noel Struchiner - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-33.
    Recent literature in experimental philosophy has postulated the existence of the abstract/concrete paradox : the tendency to activate inconsistent intuitions depending on whether a problem to be analyzed is framed in abstract terms or is described as a concrete case. One recent study supports the thesis that this effect influences judicial decision-making, including decision-making by professional judges, in areas such as interpretation of constitutional principles and application of clear-cut rules. Here, following the existing literature in legal theory, we argue that (...)
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  7. added 2021-06-16
    A Criminal Law for Semicitizens.Ivó Coca-Vila & Cristián Irarrázaval - forthcoming - Journal of Applied Philosophy.
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  8. added 2021-06-16
    Crimen Publicum, Poena Forensis Reassessing Kant’s Theory of Criminal Law, in Line with Contemporary Philosophy of Punishment Debates.Stergios Mitas - 2020 - Archiv für Rechts- Und Sozialphilosophie 106 (4):554-562.
    Philosophical debates on punishment mainly - and exhaustively - revolve around the traditional dipole “retribution - deterrence”; or, lately, seek for some alternative counterproposal. In all sides of the debates, Kant is standardly depicted as the advocate of a traditional, outmost punitive theory of justice; the kind of heritage modern-day “retributivists” seek to reassess, while “preventive” or “restorative” justice defenders aim to abandon. In the present paper, we intend to scrutinize Kant’s own views on crime and punishment, as an integral (...)
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  9. added 2021-06-16
    Arguments and Stories in Legal Reasoning.Gianluca Andresani & Tony Ward - 2020 - Archiv für Rechts- Und Sozialphilosophie 106 (1):75-90.
    We argue that legal argumentation, as the subject matter as well as a special subfield of Argumentation Studies, has to be examined by making skilled use of the full panoply of tools such as argumentation and story schemes which are at the forefront of current work in AS. In reviewing the literature, we make explicit our own methodological choices and then illustrate the implications of such an approach through the analysis of a case study in the English law of evidence. (...)
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  10. added 2021-06-16
    The Will Theory of Rights and Criminal Law.Elisa Moser - 2020 - Archiv für Rechts- Und Sozialphilosophie 106 (1):55-74.
    The will theory of rights has so far been considered incapable of accounting for individual rights in criminal law. Adherents of the theory, therefore, defend the claim that criminal law does not assign rights to individuals. In this article I argue that criminal law in fact does assign rights to individuals and that the will theory of rights may enhance our understanding of these rights. I admit that if the theory is understood as a descriptive account, it cannot encompass rights (...)
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  11. added 2021-06-16
    Carmelo Massimo De Iuliis: Gottfried Wilhelm Leibniz, The New Method of Learning and Teaching. Jurisprudence According to the Principles of the Didactic Art Premised in the General Part and in the Light of Experience. [REVIEW]Christoph Sorge - 2020 - Archiv für Rechts- Und Sozialphilosophie 106 (1):141-144.
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  12. added 2021-06-16
    The Philosophy of Criminal Law and the Phenomenon of Anti-Democratization.Michał Peno - 2019 - Archiv für Rechts- Und Sozialphilosophie 105 (4):471-483.
    The aim of the article is to analyze the processes of anti-democratization as a violation of the idea of the rule of law in the context of changes and directions of criminal policy and criminal justice system, on the example of Polish legislation. Activity of the legislator in the field of criminal law was confronted with the liberal-democratic philosophy of criminal law, which searches for the justification for punitive repression in a social consensus, fair procedures for reaching an agreement, and (...)
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  13. added 2021-06-16
    Capabilities, Political Liberalism and Private Law.Thom Brooks - 2018 - Archiv für Rechts- Und Sozialphilosophie 104 (4):556-569.
    This article argues political liberalism can and should be revised to improve its relevance to the private law. This approach is not a rejection of political liberalism, but instead a restatement consistent with the fundamental tenets of Rawls’s theory of justice. The first part begins with a brief summary of Rawls’s political liberalism. The second part discusses the strategies used to demonstrate the relevance of Rawls’s theory to the private law. The third part examines how Rawls’s theory can and should (...)
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  14. added 2021-06-16
    Human Rights, the Right to Food, Legal Philosophy, and General Principles of International Law.Felix Ekardt & Anna Hyla - 2017 - Archiv für Rechts- Und Sozialphilosophie 103 (2):221-238.
    This article examines the following questions: Is there a human right to food and water in the international sphere? Is it possible to derive such human rights as “general principles of law” within the meaning of public international law, which are independent from contractual agreement or recognition by States? What exactly would such a right to food and water comprise? Is there a constitutional rank relationship evolving between human rights and public international law which might affect the interpretation of, e. (...)
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  15. added 2021-06-14
    Philosophy of Law as an Integral Part of Philosophy - Essays on the Jurisprudence of Gerald J Postema.Daniel Peixoto Murata - forthcoming - Jurisprudence:1-8.
    Once I’ve heard a joke about legal academia, and given that this was a very good joke, it was also very close to reality. This is how it went: ‘well, if you want to be successful in the Anglo-Ameri...
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  16. added 2021-06-13
    Punitive Intent.Nathan Hanna - forthcoming - Philosophical Studies.
    Most punishment theorists seem to accept the following claim: punishment is intended to harm the punishee. A significant minority of punishment theorists reject the claim, though. I defend the claim from objections, focusing mostly on recent objections that haven’t gotten much attention. My objective is to reinforce the already strong case for the intentions claim. I first clarify what advocates of the intentions claim mean by it and state the standard argument for it. Then I critically discuss a wide variety (...)
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  17. added 2021-06-12
    The Influence of Latinisms on the Quality of the Judgments of Polish Courts undefined.Joanna Kowalczyk - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-13.
    This article addresses the issue of linguistic phenomena which, as a legacy of the centuries-old tradition of the Roman Empire, are rooted in Polish jurisdictional texts. The study focused on foreign-language expressions and short texts in Latin, used in judicial decisions. The aim of the study was to determine the function of Latinisms as foreign-language expressions in judicial decisions and how their use influences the communicativeness and persuasiveness of argumentation. During the analysis, it was noticed that Latinisms in jurisdictional texts (...)
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  18. added 2021-06-12
    The Color Code of National Identity in Fyodor Dostoyevsky's Novel Crime and Punishment: Semiotic and Legal Analysis.Yulia Erokhina - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-26.
    The article discusses the characterization of the visualization of visible reality in Crime and Punishment by Fyodor Dostoyevsky. The author suggests that semiotic and legal analysis should be used to understand the meaning of the color code of the novel. Semiotic discourse reduces the ambiguity, uncertainty, and expression of the color code to a conscious, discrete, and conditioned meaning of individual colors. Legal analysis helps to better understand the main idea and other aspects of the novel, encoded in colors. Psychological, (...)
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  19. added 2021-06-12
    Correction to: Corporate Essence and Identity in Criminal Law.Mihailis E. Diamantis - forthcoming - Journal of Business Ethics:1-1.
    A correction to this paper has been published: https://doi.org/10.1007/s10551-021-04827-y.
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  20. added 2021-06-12
    Offender Agency in a State-Centred Sentencing Process: In Search of an Agentic Sentencing Model.Elise Maes - forthcoming - Criminal Law and Philosophy:1-35.
    Punishment is a grave intrusion into individual liberty, yet in most liberal criminal justice systems, including England and Wales, those punished are rarely directly engaged in determining their sentence. Consequently, the offender’s agency in respect of sentence—i.e. the offender’s capacity to play an active part in the sentencing process—is limited. Drawing on existing theories of punishment, the article argues that there may be justifications and scope for allowing offenders to exercise agency in a state-centred sentencing process, even though this scope (...)
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  21. added 2021-06-12
    Proportionality’s Lower Bound.James Manwaring - forthcoming - Criminal Law and Philosophy:1-13.
    Many philosophers have raised difficulties for any attempt to proportion punishment severity to crime seriousness. One reason for this may be that offering a full theory of proportionality is simply too ambitious. I suggest a more modest project: setting a lower bound on proportionate punishment. That is, I suggest a metric to measure when punishment is not disproportionately severe. I claim that punishment is not disproportionately severe if it imposes costs on a criminal wrongdoer which are no greater than the (...)
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  22. added 2021-06-12
    Proceed with Caution.Annette Zimmermann & Chad Lee-Stronach - forthcoming - Canadian Journal of Philosophy.
    It is becoming more common that the decision-makers in private and public institutions are predictive algorithmic systems, not humans. This article argues that relying on algorithmic systems is procedurally unjust in contexts involving background conditions of structural injustice. Under such nonideal conditions, algorithmic systems, if left to their own devices, cannot meet a necessary condition of procedural justice, because they fail to provide a sufficiently nuanced model of which cases count as relevantly similar. Resolving this problem requires deliberative capacities uniquely (...)
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  23. added 2021-06-12
    Person and Disability: Legal Fiction and Living Independently.Paolo Heritier - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-18.
    Without extending the historical analysis, this article analyzes the relationship between the legal concept of person with regard to the notion of living independently. The concept is normatively established in Article 19 of the CRPD and is presented as a legal fiction. The legal technique of fictio iuris is the premise for analyzing contemporary problems, for example, the attribution of responsibilities to non-human personalities, such as robots. The article, however, develops the problem of attributing rights to persons with disabilities. The (...)
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  24. added 2021-06-12
    Senthorun Sunil Raj: Feeling Queer Jurisprudence: Injury, Intimacy, Identity: Routledge, London, 2020. [REVIEW]Kay Lalor - 2020 - Feminist Legal Studies 29 (2):277-281.
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  25. added 2021-06-11
    Criminal Law, Philosophy, and Psychology: Working At the Cross-Roads.Thomas Nadelhoffer - 2011 - In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law: Volume 1. Oxford University Press.
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  26. added 2021-06-11
    The Philosophy of Criminal Law.Larry Alexander - 2004 - In Jules Coleman & Scott Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.
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  27. added 2021-06-11
    Philosophy of Private Law.Benjamin Zipursky - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.
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  28. added 2021-06-11
    Philosophy of Criminal Law.Larry Alexander - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.
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  29. added 2021-06-11
    Exclusive Legal Positivism.Andrei Marmor - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.
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  30. added 2021-06-11
    Inclusive Legal Positivism.Kenneth Eimar Himma - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.
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  31. added 2021-06-11
    Philosophy of International Law.Allen Buchanan & David Golove - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.
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  32. added 2021-06-09
    Russian Geopolitics and Eurasia: An Analytical Study of Russia's Role in the Eurasian Integration.Shahzada Rahim Abbas - 2020 - World Affairs Journal 2 (24):90-105.
    Throughout history, Eurasia has been central to relations between Europe and Asia. It has been the crossroads of civilizations, contributing to the cultural and ethnic hybridity of the region. However, after the fall of the Ottoman Empire and later the Soviet Union in the twentieth century, Eurasia lost its geostrategic importance in the US-led liberal world order. In the 1920s, a group of Russian emigres described the cultural and ethnic ties among the communities living across the vast Eurasian steppes as (...)
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  33. added 2021-06-09
    The Social Construction of Legal Norms.Kirk Ludwig - 2020 - In Miguel Garcia-Godinez, Rachael Mellin & Raimo Tuomela (eds.), Social Ontology, Normativity and Law. De Gruyter. pp. 179-208.
    Legal norms are an invention. This paper advances a proposal about what kind of invention they are. The proposal is that legal norms derive from rules which specify role functions in a legal system. Legal rules attach to agents in virtue of their status within the system in which the rules operate. The point of legal rules or a legal system is to solve to large scale coordination problems, specifically the problem of organizing social and economic life among a group (...)
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  34. added 2021-06-09
    Russia’s Eurasian Union Dream: A Way Forward Towards Multi Polar World Order.Shahzada Rahim Abbas - 2020 - Rechtsidee 6 (2):1-8.
    Since the disintegration of the USSR Eurasia has gained a new geopolitical and strategic significance. Fifteen Countries emerged as a result of disintegration, among which only the Russian Federation was the successor state. The post-soviet era especially the era of the 1990s was a political and economic trauma for the Russian Federation and the post-soviet space. But Eurasianists were well aware of the American unilateralism and American ‘Grand Chessboard strategy” that was solely aimed at encircling Russian geography. With these concerns, (...)
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  35. added 2021-06-08
    The Harmonization of Domestic and International Human Rights Standards on Criminalization of Rape.Deepa Kansra - 2021 - Rights Compass.
    In the field of human rights, expressions like justice and legal reform are closely linked to the process of harmonization of domestic and international human rights standards. Harmonization of human rights standards can be described as a process wherein international human rights are incorporated or given full effect to at the domestic level. [i] To harmonize the two set of standards i.e. domestic and international is viewed as both a commitment and obligation of states under international law. [ii] In terms (...)
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  36. added 2021-06-06
    Justice in Epistemic Gaps: The ‘Proof Paradox’ Revisited.Lewis D. Ross - forthcoming - Philosophical Issues.
    This paper defends the heretical view that, at least in some cases, we ought to assign legal liability based on purely statistical evidence. The argument draws on prominent civil law litigation concerning pharmaceutical negligence and asbestos-poisoning. The overall aim is to illustrate moral pitfalls that result from supposing that it is never appropriate to rely on bare statistics when settling a legal dispute.
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  37. added 2021-06-04
    Virtue, Emotion and Imagination in Law and Legal Reasoning.Amalia Amaya & Maksymillian Del Mar (eds.) - 2020 - Hart Publishing.
  38. added 2021-06-03
    Prioritizing the Prevention of Early Deaths During Covid‐19.Govind Persad - 2021 - Hastings Center Report 51 (2):42-43.
    In this Correspondence, I argue that given that scarcity has existed both for critical care resources and for vaccines, allocating critical care resources to prioritize the prevention of early COVID-19 deaths (i.e. COVID-19 deaths among younger patients) could valuably counterbalance the disproportionate exclusion of minority patients and those with life shortening disabilities that age-based vaccine allocation produces. -/- Covid-19 deaths early in life have overwhelmingly befallen minorities and people with life-shortening disabilities. Policies preventing early deaths prevent an outcome widely recognized (...)
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  39. added 2021-06-01
    Is Protestant Interpretation an Acceptable Attitude Toward Normative Social Practices? An Analysis of Dworkin and Postema.Thomas Bustamante - forthcoming - American Journal of Jurisprudence.
    Gerald Postema raised a powerful challenge to Ronald Dworkin’s theory of interpretation. By allowing each interpreter to make her own judgment about the content of a social norm, Dworkinian interpretation becomes insufficiently intersubjective and insufficiently political. In previous work, I argued that this criticism must be rejected because Postema’s own account of law, analogical reasoning, and the rule of law requires one to make a reflected judgment and hold other actors accountable to the law. Nevertheless, a powerful objection claims that (...)
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  40. added 2021-05-31
    The Law Challenged and the Critique of Identity with Emmanuel Levinas.Susan Petrilli - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-39.
    Identity as traditionally conceived in mainstream Western thought is focused on theory, representation, knowledge, subjectivity and is centrally important in the works of Emmanuel Levinas. His critique of Western culture and corresponding notion of identity at its foundations typically raises the question of the other. Alterity in Levinas indicates existence of something on its own account, in itself independently of the subject’s will or consciousness. The objectivity of alterity tells of the impossible evasion of signs from their destiny, which is (...)
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  41. added 2021-05-30
    Anderson v Dredd [2138] Megacity LR (A) 1.Mark Thomas - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-43.
    Chief Judge Achilles and Judge Hera – uniqueness of proceedings – the nature of judicial decision-making – the judicial order of Mega-city One – source of judicial power – judicial styles – qualities required for judicial office – context of judicial action – requirement of reflection – interpretation and meaning in enforcement of law – adjudicative models – law as horrific – legal theories – Hans Kelsen – Justice Hercules – Jacques DerridaJudge Howard – critical assessment of judicial order of (...)
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  42. added 2021-05-27
    The Separation of Powers in The Principles of Constitutionalism.Philip Sales - forthcoming - American Journal of Jurisprudence.
    Focusing on Barber’s account of the separation of powers, this essay questions the solidity of the foundations for the constitutional principles he articulates. It argues that his attempt at universalism and his account of the substantive content of the principles come apart. Barber’s attempt to ground universal principles in an account of the nature of the state is questionable, because that account is too thin. In making the conception of the state thick enough to ground the substantive content of his (...)
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  43. added 2021-05-26
    Practical Reasons and Interpretation of Customary International Law.Kostiantyn Gorobets - forthcoming - In Panos Merkouris, Jörg Kammerhofer & Noora Arjärvi (eds.), The Theory and Philosophy of Customary International Law and its Interpretation. Cambridge, UK:
    When we say that we interpret customary international law, what is this thing that we actually interpret? Depending on how we answer this question, our view on interpretative methodology will change. It seems that the most promising approach is to say that interpretation of customary international law is an interpretation of certain legal practices. However, here we also encounter some problems. The dominant doctrine of customary international law requiring state practice and opinio juris assumes that only by adding a psychological (...)
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  44. added 2021-05-26
    Reasons for Endorsing or Rejecting ‘Self-Binding Directives’ in Bipolar Disorder: A Qualitative Study of Survey Responses From UK Service Users.Tania Gergel, Preety Das, Lucy Stephenson, Gareth Owen, Larry Rifkin, John Dawson, Alex Ruck Keene & Guy Hindley - 2021 - The Lancet Psychiatry 8.
    Summary Background Self-binding directives instruct clinicians to overrule treatment refusal during future severe episodes of illness. These directives are promoted as having potential to increase autonomy for individuals with severe episodic mental illness. Although lived experience is central to their creation, service users’ views on self-binding directives have not been investigated substantially. This study aimed to explore whether reasons for endorsement, ambivalence, or rejection given by service users with bipolar disorder can address concerns regarding self-binding directives, decision-making capacity, and human (...)
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  45. added 2021-05-24
    Free Speech and the Legal Prohibition of Fake News.Étienne Brown - forthcoming - Social Theory and Practice.
    Western European liberal democracies have recently enacted laws that prohibit the diffusion of fake news on social media. Yet, many consider that such laws are incompatible with freedom of expression. In this paper, I argue that democratic governments have strong pro tanto reasons to prohibit fake news, and that doing so is compatible with free speech. First, I show that fake news disrupts a mutually beneficial form of epistemic dependence in which members of the public are engaged with journalists. Second, (...)
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  46. added 2021-05-24
    Introduction.Douglas Husak - forthcoming - Criminal Law and Philosophy:1-2.
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  47. added 2021-05-21
    Recent Work in African Political and Legal Philosophy.Thaddeus Metz - manuscript
    In this article I critically survey non-edited books on political and legal philosophy that have been composed by those working in the African tradition and have appeared in print since 2016. These monographs principally address political, distributive, and criminal justice at the domestic level, with this article recounting the essentials of these texts as well as noting prima facie weaknesses in their positions and gaps in current research agendas. My aims are to enable readers to obtain a bird’s-eye picture of (...)
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  48. added 2021-05-21
    A Relational Theory of Justice.Thaddeus Metz - forthcoming - Oxford University Press.
    The core idea of A Relational Theory of Justice (RTJ) is that normative political and legal philosophy should be grounded on people’s relational features, roughly their ability to commune with others and be communed with by them. Usually, philosophers of justice in the West have based their views on people’s intrinsic features, ones that make no essential reference to others, such as their autonomy, self-ownership, or well-being. In addition, often critics of basing politics and law on justice, whether in the (...)
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  49. added 2021-05-20
    Should Bitcoin Be Classified as Money?Asya Passinsky - 2020 - Journal of Social Ontology 6 (2):281-292.
    The advent of virtual currencies such as bitcoin raises a pressing question for lawmakers, regulators, and judges: should bitcoin and other virtual currencies be classified as money or currency for legal and regulatory purposes? I examine two different approaches to answering this question—a descriptive approach and a normative approach. The descriptive approach says that bitcoin and other virtual currencies should be classified as money or currency just in case they really are money or currency, whereas the normative approach says that (...)
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  50. added 2021-05-18
    Il realismo critico. Un programma di ricerca a partire da Danilo Zolo.Elisa Orrù - forthcoming - Jura Gentium.
    This essay focuses on the approach to the study of political and legal phenomena that can be defined “critical realism” and with its apparent paradox. By “critical realism” I understand a way of looking at political and legal phenomena that combines a blunt analysis of social reality with a transformative, non-resigned critical attitude towards the status quo. I argue that this is the approach that inspired Danilo Zolo’s lifelong reflections on politics and law. The same approach, moreover, is in my (...)
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