Philosophy of Law

Edited by Aness Kim Webster (Durham University)
Assistant editors: Stephen Bero, Renee Jorgensen
216 found
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1 — 50 / 216
  1. added 2022-07-03
    Rescuing Inclusive Legal Positivism From the Charge of Inconsistency.Cindy L. Phillips - unknown
    Scott Shapiro, an exclusive legal positivist, argues that inclusive legal positivism is inconsistent with the view that legal norms must conceptually provide reasons for agents of a legal system to act in specified ways. I defend inclusive legal positivism from Shapiro's charge of inconsistency.
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  2. added 2022-07-02
    A Model for Free Speech.Daniel Weston - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-30.
    The truth-justification is an enduring explanation for valuing free speech. This paper seeks to advance an account of “assertion”, found in speech act theory, that can identify speech which contributes to truth-discovery in a nuanced way. I apply the dialectic theory of assertion which emphasises the language game of giving and asking for reasons to believe things as assertional social practice. In doing so, I consider what “moves” in this game make sense from a truth-discovery perspective, drawing together contemporary and (...)
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  3. added 2022-07-02
    Coercion Without Incapacitation.William R. Tadros - forthcoming - Law and Philosophy:1-36.
    This essay examines why coerced conduct tends not to have the moral and legal consequences that non-coerced conduct often has. In it, I argue against the “incapacitation approach,” the view that coerced conduct tends not to result in the coercer acquiring a permission or an entitlement because the coercee is typically incapable of exercising her rights to change the coercer’s permissions or entitlements. After demonstrating that coercees retain the ability to exercise those rights, this article develops an alternative account: that (...)
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  4. added 2022-07-02
    Eugene Debs and the Socialist Republic.Tom O’Shea - forthcoming - Political Theory:009059172210950.
    I reconstruct the civic republican foundations of Eugene Debs’s socialist critique of capitalism, demonstrating how he uses a neo-roman conception of freedom to condemn waged labour. Debs is also shown to build upon this neo-roman liberty in his socialist republican objections to the plutocratic capture of the law and threats of violence faced by the labour movement. This Debsian socialist republicanism can be seen to rest on an ambitious understanding of the demands of citizen sovereignty and civic solidarity. While Debs (...)
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  5. added 2022-07-02
    Rise of Conspiracy Theories in the Pandemic Times.Elżbieta Kużelewska & Mariusz Tomaszuk - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-17.
    COVID-19 pandemic occurred as an unexpected experience affecting all countries around the globe. In addition to the obvious health, economic and political effects, the COVID-19 pandemic triggered immense changes in the social spheres. People and institutions were forced to adjust to the new circumstances, change habits and move most or all of their activity online. In the completely virtual world, pandemic became a fertile ground for the bloom of the conspiracy theories already existing, but struggling for the global attention. The (...)
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  6. added 2022-07-02
    Reading the Cold War Through Outer Space: The Past and Future of Outer Space.Yang Immanuel Pachankis - 2022 - International Journal of Scientific and Engineering Research 13 (6):826-829.
    The article takes a history based technical analysis on the governing activities by outer space laws. It outlined the spirit of the outer space law and treaty by the scientific development of the earth’s orbits & solar objects’ orbits. It focuses on the contamination of outer space by human activities in large scale structure with concluding scientific evidence. It analyzed geopolitical conflicts in terms of satellite technologies. They are analyzed based on the utility-science dichotomy, and the subject(s) that ultimately benefit (...)
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  7. added 2022-07-01
    Legitimate Injustice and Acting for Others.Daniel Viehoff - forthcoming - Philosophy and Public Affairs.
  8. added 2022-07-01
    If You Care About a Rule, Why Weaken Its Enforcement Dimension? On a Tension in the War Convention.Susanne Burri - forthcoming - Law and Philosophy:1-20.
    In War by Agreement, Yitzhak Benbaji and Daniel Statman argue that the ‘war convention’ – i.e. the international laws and conventions that are widely accepted to govern the use of force between sovereign states – represents a morally binding contract. On their understanding, the war convention replaces a pre-contractual morality governed by principles that so-called reductive individualists have identified and argued for over the past twenty years. This paper argues that if we take Benbaji and Statman’s contractarian interpretation of the (...)
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  9. added 2022-07-01
    Sisyphus and the Present: Time in Modern and Digital Legalities.Kieran Tranter - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-12.
    Albert Camus’ reflection in The Myth of Sisyphus presents the absurd, the intrusion of the meaningless and irrational universe into the order and future focus of modern life. Central to Camus’ reading of Sisyphus and his dammed eternal labour, was time. Camus clearly saw that modernity and modern life was predicated on tensions in time. Moderns perceived, and lived, in the timescale of past-present-future. A commitment to chronology that promised an allusion of meaning within a world of essential meaninglessness. Modern (...)
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  10. added 2022-07-01
    Derecho y pandemia. El escándalo de la muerte contemporánea.Marina Gorali - 2022 - Revista Electrónica Del Instituto de Investigaciones Jurídicas y Sociales Ambrosio Gioja 28.
    Jean Luc Nancy (2020) refería a la pandemia como un virus demasiado humano. Esto es un virus ligado a nuestros modos de producción y consumo; al uso ilimitado de todas las fuerzas disponibles, naturales y humanas, con miras a una producción que no tiene otra finalidad más que ella misma. El virus, señala Nancy, viene a señalarnos que hay límites. A partir de esta lectura, el artículo propone tres aportes conceptuales para repensar nuestro modo de habitar el mundo. Mundo no (...)
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  11. added 2022-06-30
    Dignidad humana, personalidad y control de constitucionalidad. ¿Normatividad fuerte sin metafísica?Wei Feng - 2022 - UNIVERSITAS. Revista de Filosofía, Derecho y Política 37:2-50.
    El concepto de dignidad humana ha sido considerado o demasiado denso o demasiado delgado. Sin embargo, desde el punto de vista del no-positivismo, la normatividad jurídica de la dignidad humana puede ser justificada y reforzada por medio de su corrección moral. Desde una perspectiva individual, la comprensión de Mencio sobre la dignidad humana como un valor intrínseco y el imperativo categórico de Kant (el ser humano como un fin en sí mismo) podrían ser adecuadamente comprendidos con base en la diferencia (...)
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  12. added 2022-06-30
    Working Document on Penal Laws' Reforms in India.Deepa Kansra - 2022 - Lex Quest Foundation's Working Document on Penal Laws' Reforms in India.
    India is a party to several international laws which speak of the duty to prosecute, investigate, and punish crimes. In light of India’s commitments to international law, the scope of its criminal laws appears to be failing on several counts. The following are a few general and specific recommendations for penal law reforms in India. These have been framed in light of several international developments, international laws, and relevant Indian laws and judgments. The recommendations concern the following themes: 1. gaps (...)
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  13. added 2022-06-29
    How Do Non-professional Participants of a Trial Cope with the Communication Process at the Trial? The Results of Empirical Research Conducted in Polish Courts.Karolina Gmerek - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-23.
    The aim of this article is to present some of the results of empirical research on the communication process at a trial conducted in Polish courts. These results will concern the participation of non-professional participants of a trial and the ways in which they deal with the communication process in the courtroom. The article presents the results of the analysis of the research material conducted in accordance with the detailed research questions and analytical categories. The analysis has especially shown that: (...)
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  14. added 2022-06-29
    Lesser Evils, Mere Permissions and Justifying Reasons in Law.Robert Mullins - 2022 - In Mark McBride & James Penner (eds.), New Essays on the Nature of Legal Reasoning. Oxford: Hart Publishing. pp. 259-280.
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  15. added 2022-06-28
    International Law and the Struggle for the Future: Historicizing Agenda 2030 for Radical Critique of International Legal Ideology.Matheus Gobbato Leichtweis - 2022 - Athena 2 (1):73-115.
    This paper addresses the UN’s ‘Agenda 2030’ from a historical-materialist perspective, interrogating its potential to effectively ‘transform our world’ in the face of the ‘crisis of the future’. It explores the ideological dimensions of the international legal form, critically reflecting upon the role of international lawyers in the reproduction of global capitalist relations, on the limits of international law as an instrument of social transformation and of the Agenda as a roadmap to a ‘better future’. Specifically, it demonstrates how the (...)
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  16. added 2022-06-28
    History of Codification of Private Law in the Republic of Moldova.Gheorghe Avornic, Violeta Cojocaru & Iulian Moraru - 2021 - Supremația Dreptului 1:8-28.
    The division of the entire system of law into public law and private law comes from ancient times, which we have referred to in several previous personal publications. In this article we will analyze the evolution of private law in the Republic of Moldova. Private law constitutes one of the fundamental subdivisions of the science of law as a whole. At the level of the Republic of Moldova, the subdivision in question represents a distinct specific in the context that: it (...)
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  17. added 2022-06-27
    Consent to Unjust Institutions.Bas van der Vossen - 2021 - Legal Theory 27 (3):236-251.
    John Rawls wrote that people can voluntarily acquire political obligations to institutions only on the condition that those institutions are at least reasonably just. When an institution is seriously unjust, by contrast, attempts to create political obligation are “void ab initio.” However, Rawls's own explanation for this thought was deeply problematic, as are the standard alternatives. In this paper, I offer an argument for why Rawls's intuition was right and trace its implications for theories of authority and political obligation. These, (...)
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  18. added 2022-06-27
    From Is_ to _Ought. How Scientific Research in the Field of Moral Cognition Can Impact the Criminal Law.Levin Güver - 2019 - Cognitio: Student Law and Society Forum 2:1–22.
    Rapid technological advancements such as fMRI have led to the rise of neuroscientific discoveries. Coupled with findings from cognitive psychology, they are claiming to have solved the millennia-old puzzle of moral cognition. If true, our societal structures – and with that the criminal law – would be gravely impacted. This thesis concerns itself with four distinct theories stemming from the disciplines above as to what mechanisms constitute moral judgement: the Stage Model by KOHLBERG, the Universal Moral Grammar Theory by MIKHAIL, (...)
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  19. added 2022-06-26
    Knowledge, Individualised Evidence and Luck.Dario Mortini - forthcoming - Philosophical Studies.
    The notion of individualised evidence holds the key to solve the puzzle of statistical evidence, but there's still no consensus on how exactly to define it. To make progress on the problem, epistemologists have proposed various accounts of individualised evidence in terms of causal or modal anti-luck conditions on knowledge like appropriate causation (Thomson 1986), sensitivity (Enoch et al. 2012) and safety (Pritchard 2018). In this paper, I show that each of these fails as satisfactory anti-luck condition, and that such (...)
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  20. added 2022-06-26
    Characteristic of Features of the Philosophical and Legal Paradigm of Control in the Context of the Philosophy of Law.Volodymyr Ortynskyi, Taras Harasymiv, Iryna Lychenko, Hisham Jadallah Mansour Shakhatreh & Nataliia Pavliuk - 2022 - Wisdom 22 (2):244-252.
    Social order and stability depend on many social factors, among which social control occupies an essential place as a means of self-regulation of society, the purpose of which is to streamline social relations. This problem is especially acute in the legal plane, where control is used together with other social and legal means as a decisive factor in forming the legal order. A philosophical and legal study of control and its impact on the rule of law requires a detailed examination (...)
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  21. added 2022-06-25
    Review of Stephen P. Garvey, Guilty Acts, Guilty Minds. [REVIEW]Christopher Bennett - forthcoming - Criminal Law and Philosophy:1-8.
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  22. added 2022-06-25
    Social Connections, Social Contributions, and Why They Matter: Comments on Being Sure of Each Other.Cheshire Calhoun - forthcoming - Criminal Law and Philosophy:1-10.
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  23. added 2022-06-22
    Religious Reasons in Politics: Some Problems for the Free Marketplace Model.Camilo Andres Garcia - forthcoming - Law and Philosophy:1-25.
    In this paper, I critique a popular yet seldom recognized theory of the political role of religious reasons. According to this theory, the Free Marketplace model, laws may be justified on religious reasons as long as such laws do not impinge on rights. I argue that this theory is internally contradictory and can only be defended by either accepting normatively unacceptable consequences, or resorting to ad hoc distinctions between compelling and non-compelling legal justifications.
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  24. added 2022-06-22
    A influência de Gustav Radbruch no Direito brasileiro das Obrigações.Lucas Frederico Rodrigues Seemund & Natan Ben-Hur Braga - forthcoming
    A presente pesquisa em desenvolvimento tem como propósito demonstrar por meio da interpretação das concepções filosóficas a influência de Gustav Radbruch tendo como ponto de partida o direito das obrigações. Por meio da análise da obra Filosofia do Direito, entende-se a perpetuação do autor como uma ponte para a compreensão dos conceitos de personalidade, propriedade e contrato, tendo como fundamento sempre as bases do direito alemão.
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  25. added 2022-06-22
    Monitoring Peace and Security Mandates for Human Rights.Deepa Kansra - 2022 - Artha: The Sri Ram Economics Journal 1 (1):188-192.
    The jurisprudence under international human rights treaties has had a considerable impact across countries. Known for addressing complex agendas, the work of expert bodies under the treaties has been credited and relied upon for filling the gaps in the realization of several objectives, including the peace and security agenda. -/- In 1982, the Human Rights Committee (ICCPR), in a General Comment observed that “states have the supreme duty to prevent wars, acts of genocide and other acts of mass violence ... (...)
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  26. added 2022-06-21
    Neuroscience and Normativity: How Knowledge of the Brain Offers a Deeper Understanding of Moral and Legal Responsibility.William Hirstein - 2022 - Criminal Law and Philosophy 16 (2):327-351.
    Neuroscience can relate to ethics and normative issues via the brain’s cognitive control network. This network accomplishes several executive processes, such as planning, task-switching, monitoring, and inhibiting. These processes allow us to increase the accuracy of our perceptions and our memory recall. They also allow us to plan much farther into the future, and with much more detail than any of our fellow mammals. These abilities also make us fitting subjects for responsibility claims. Their activity, or lack thereof, is at (...)
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  27. added 2022-06-21
    Between Exception and Normality: Schmittian Dictatorship and the Soviet Legal Order.Anna Lukina - 2022 - Ratio Juris 35 (2):139-157.
    Ratio Juris, Volume 35, Issue 2, Page 139-157, June 2022.
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  28. added 2022-06-21
    Author’s Reply: Negligence and Normative Import.Katrina L. Sifferd & Tyler K. Fagan - 2022 - Criminal Law and Philosophy 16 (2):353-371.
    In this paper we attempt to reply to the thoughtful comments made on our book, Responsible Brains, by a stellar group of scholars. Our reply focuses on two topics discussed in the commenting papers: first, the issue of responsibility for negligent behavior; and second, the broad claim that facts about brain function are normatively inert. In response to worries that our theory lacks normative implications, we will concentrate on an area where our theory has clear relevance to law and legal (...)
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  29. added 2022-06-21
    Justifying the Imperfect: Differentiated Integration and the Problem of the Second Best.Erik O. Eriksen - 2022 - Ratio Juris 35 (2):123-138.
    Ratio Juris, Volume 35, Issue 2, Page 123-138, June 2022.
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  30. added 2022-06-20
    Ethics, Force, and Power: On the Political Preconditions of Just War.Christopher J. Finlay - forthcoming - Law and Philosophy:1-24.
    Benbaji and Statman’s contractarian ethics of war offers a powerful new philosophical defence of orthodox conclusions against revisionist criticism. I present a two-pronged argument in reply. First, contractarianism yields what I call ‘decent war theory,’ a theory in which war between decent states is paradigmatic. I argue, by contrast, that states should treat wars against indecent states as paradigmatic, resulting in a Rawlsian alternative that issues in an ethics closer to revisionism. The second prong argues that the symmetrical international distribution (...)
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  31. added 2022-06-20
    Nationalism with Chinese Characteristics: Infliction of Condescension.Yang Immanuel Pachankis - forthcoming - Academia Letters.
    The letter analyzes the country-specific structural stigma in the modern media development of People’s Republic of China. It raises the issues on unconventional cybersecurity risks in mental & psychological health with a lens of justice in gender & marriage, and critical discourses in the media environment with the Chinese revisionist nationalism. It studied media coercion in relation to the breaches of humanitarian law in the constitutionalism context of PRC, and adopted a critical theory approach to religion with the background of (...)
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  32. added 2022-06-18
    Éthique, droit pénal et déterminisme chez TwardowskiTwardowski on Ethics, Criminal Law, and Determinism.Nicolas Nayfeld - 2022 - Philosophia Scientae 26:173-194.
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  33. added 2022-06-17
    The Generality of Penalties in İslamic Criminal Law.Abdulmuid Aykul - forthcoming - Trabzon İlahiyat Dergisi.
    In contemporary legal systems, the generality of laws refers to provisions that do not target a specific person, not a special and incidental situation, but predetermined, abstract, and appealing to everyone. From this point of view, the generality of the law means the same thing as the equality of all before the law. However, in contemporary criminal law, equality and relative equality can be understood and an equality between people who are equal in everything can be mentioned. The fact that (...)
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  34. added 2022-06-15
    Educational Justice and School Boosting.Marcus Arvan - forthcoming - Social Theory and Practice.
    School boosters are tax-exempt organizations that engage in fundraising efforts to provide public schools with supplementary resources. This paper argues that prevailing forms of school boosting are defeasibly unjust. Section 1 shows that inequalities in public education funding in the United States violate John Rawls’s two principles of domestic justice. Section 2 argues that prevailing forms of school boosting exacerbate and plausibly perpetuate these injustices. Section 3 then contends that boosting thereby defeasibly violates Rawlsian principles of nonideal theory for rectifying (...)
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  35. added 2022-06-15
    Correction to: Inert.Dennis Patterson - 2022 - Criminal Law and Philosophy 16 (2):325-325.
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  36. added 2022-06-14
    Legal Realism and 'Working' Rules.David Frydrych - forthcoming - Canadian Journal of Law and Jurisprudence.
    The American Legal Realists offered several hypotheses about alternative drivers of official decision-making (i.e., considerations other than the rules on the books). This article identifies a tension between two of those hypotheses: the ‘extra-legal’ factors and ‘working’ rules. This tension gets exacerbated in Frederick Schauer’s account of Legal Realism, one which places his Dislocated Determinacy thesis—about working rules constituting an additional ground for the existence of ‘easy’ cases and determinacy across a legal system—into doubt.
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  37. added 2022-06-14
    Argumenty a klimatické zmeny (Arguments and Climate Changes).Vladimir Marko - forthcoming - Bratislava: Univerzita Komenského.
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  38. added 2022-06-14
    Realism and Positivism.David Frydrych - forthcoming - Jurisprudence.
    Several scholars advance the ‘LR-LP thesis’: the claim that American Legal Realism presupposes Legal Positivism. Brian Leiter and Frederick Schauer, prominent scholars of Realism, delimit that thesis to a Razian version of Exclusive Legal Positivism (‘ELP’). This article nevertheless argues that Leiter and Schauer’s respective accounts of Legal Realism are difficult to square with Razian ELP. Indeed, the Realist hypotheses about alternative drivers of official decision, concerning ‘working’ rules, ‘real’ rules, and ‘situation-types’, if correct, actually threaten Razian ELP. -/- Problems (...)
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  39. added 2022-06-14
    Legal Formalism, Legal Realism, and the Interpretation of Statutes and the Constitution.Richard Posner - 1986 - Case Western Reserve Law Review 37 (2):179–217.
    A current focus of legal debate is the proper role of the courts in the interpretation of statutes and the Constitution. Are judges to look solely to the naked language of an enactment, then logically deduce its application in simple syllogistic fashion, as legal formalists had purported to do? Or may the inquiry into meaning be informed by perhaps unbridled and unaccountable judicial notions of public policy, using legal realism to best promote the general welfare? Judge Posner considers the concepts (...)
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  40. added 2022-06-13
    Review of Why Free Will is Real, Christian List, Cambridge, MA: Harvard University Press, 2019. [REVIEW]Derk Pereboom - forthcoming - Criminal Law and Philosophy:1-6.
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  41. added 2022-06-13
    Two Attitudes Towards Textuality in International Law: The Battle for Dualism.Jean D’Aspremont - forthcoming - Oxford Journal of Legal Studies.
    This article sketches out two distinct attitudes towards textuality in international law, namely international hermeneutics and international poetics. It argues that these two attitudes towards textuality espouse very different types of dualism of thought. This difference bears major implications on how the international lawyer approaches international legal texts. In exposing these two attitudes towards textuality and the distinct types of dualism they reveal, this article makes a plea for a greater embrace of international poetics by international lawyers, and thus for (...)
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  42. added 2022-06-13
    Critical Legal Studies and the Rule of Law.Mark Tushnet - 2021 - In Jens Meierhenrich & Martin Loughlin (eds.), The Cambridge Companion to the Rule of Law. pp. 328 - 339.
    This brief essay describes what critical legal scholars said – or perhaps more accurately – would have said – about the concept of the rule of law. Describing critical legal studies as a project in American legal thought rather than analytical jurisprudence, it argues that “the rule of law” is an ideological project, and can come in various versions – liberal, social democratic, and more. It addresses Morton Horwitz’s critique of E.P. Thompson’s assertion that the rule of law is an (...)
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  43. added 2022-06-13
    The President and Immigration Law.Adam B. Cox & Cristina M. Rodríguez - 2020 - Oxford University Press.
    Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President—policies such as President Obama’s decision to protect Dreamers from deportation and President Trump’s proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will (...)
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  44. added 2022-06-13
    Purposive Interpretation in Law.Aharon Barak - 2011 - Princeton University Press.
    This book presents a comprehensive theory of legal interpretation, by a leading judge and legal theorist. Currently, legal philosophers and jurists apply different theories of interpretation to constitutions, statutes, rules, wills, and contracts. Aharon Barak argues that an alternative approach--purposive interpretation--allows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to the important differences. Moreover, regardless of whether purposive interpretation amounts to a unifying theory, it would still be superior to other methods of interpretation (...)
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  45. added 2022-06-12
    How to Undo (and Redo) Words with Facts: A Semio-enactivist Approach to Law, Space and Experience.Mario Ricca - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-55.
    In this essay both the facts/values and facticity/normativity divides are considered from the perspective of global semiotics and with specific regard to the relationships between legal meaning and spatial scope of law’s experience. Through an examination of the inner and genetic projective significance of categorization, I will analyze the semantic dynamics of the descriptive parts comprising legal sentences in order to show the intermingling of factual and axiological/teleological categorizations in the unfolding of legal experience. Subsequently, I will emphasize the translational (...)
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  46. added 2022-06-12
    Hate Speech as Antithetical to Free Speech: The Real Polarity.Tiffany Elise Montoya - forthcoming - Leiden, Netherlands: Brill.
    I claim that hate speech is actually antithetical to free speech. Nevertheless, this claim invokes the misconception that one would be jeopardizing free speech due to a phenomenon known as "false polarization" – a “tendency for disputants to overestimate the extent to which they disagree about whatever contested question is at hand.” The real polarity does not lie between hate speech (as protected free speech) vs. censorship. Rather, hate speech is censorship. It is the censorship of entire sectors of the (...)
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  47. added 2022-06-12
    Intersections of International Human Rights Law and Criminal Law (Conference Report).Deepa Kansra - 2021 - Indian Law Institute Law Review 1 (Winter):377-379.
    The Human Rights Studies Programme, School of International Studies (JNU), in collaboration with the Centre for Inner Asian Studies, School of International Studies (JNU), and the Indian Law Institute (Delhi), organized a Human Rights Day Webinar on the Intersections of Human Rights and Criminal Law on December 9-10, 2021. Experts and young scholars from the field shared their insights and research on the webinar theme. The presentations were organized under four sessions, including Session I on Rights Jurisprudence and Criminal Law, (...)
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  48. added 2022-06-12
    The DNA Technology (Use and Application) Regulation Bill, 2019: A Critical Analysis.Deepa Kansra, Manpreet Dhillon, Mandira Narain, Prabhat Mishra, Nupur Chowdhury & P. Puneeth - 2021 - Indian Law Institute Law Review 1 (Winter):278-301.
    The aim of this paper is to explain the emergence and use of DNA fingerprinting technology in India, noting the specific concerns faced by the Indian Legal System related to the use of this novel forensic technology in the justice process. Furthermore, the proposed construction of a National DNA Data Bank is discussed taking into consideration the challenges faced by the government in legislating the DNA Bill into law. A critical analysis of the DNA Technology (Use and Application) Regulation Bill, (...)
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  49. added 2022-06-11
    Review: Kamm, almost over: Aging, Dying, Death. [REVIEW]Michael Cholbi - forthcoming - Criminal Law and Philosophy:1-6.
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  50. added 2022-06-11
    The Foundations of Criminal Law Epistemology.Lewis Ross - forthcoming - Ergo: An Open Access Journal of Philosophy.
    Legal epistemology has been an area of great philosophical growth since the turn of the century. But recently, a number of philosophers have argued the entire project is misguided, claiming that it relies on an illicit transposition of the norms of individual epistemology to the legal arena. This paper uses these objections as a foil to consider the foundations of legal epistemology, particularly as it applies to the criminal law. The aim is to clarify the fundamental commitments of legal epistemology (...)
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