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The Morality of Law

Yale University Press (1964)

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  1. Epinomia: Plato and the First Legal Theory.Eric Heinze - 2007 - Ratio Juris 20 (1):97-135.
    In comparison to Aristotle, Plato's general understanding of law receives little attention in legal theory, due in part to ongoing perceptions of him as a mystic or a totalitarian. However, some of the critical or communitarian themes that have guided theorists since Aristotle find strong expression in Plato's work. More than any thinker until the nineteenth and twentieth centuries, Plato rejects the rank individualism and self-interest which, in his view, emerge from democratic legal culture. He rejects schisms between legal norms (...)
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  • Law and Social Order.Russell Hardin - 2001 - Noûs 35 (s1):61 - 85.
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  • The Rule of Law and Equality.Paul Gowder - 2013 - Law and Philosophy 32 (5):565-618.
    This paper describes and defends a novel and distinctively egalitarian conception of the rule of law. Official behavior is to be governed by preexisting, public rules that do not draw irrelevant distinctions between the subjects of law. If these demands are satisfied, a state achieves vertical equality between officials and ordinary people and horizontal legal equality among ordinary people.
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  • Libertarian Rectification: Restitution, Retribution, and the Risk-Multiplier.J. C. Lester - 2000 - Journal of Value Inquiry 34 (2/3):287-297.
    Libertarians typically object to having the state deal with law and order for several general reasons: it is inefficient; it is carried out at the expense of taxpayers; and it punishes so-called victimless crimes. Exactly what the observance of liberty implies with respect to the treatment of tortfeasors and criminals is more controversial among libertarians. A pure theory of libertarian restitution and retribution is mainly what is attempted here, without becoming involved in general moral anti-state arguments. However, the pure theory (...)
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  • A Sporting Dilemma and its Jurisprudence.Patrick Lenta & Simon Beck - 2006 - Journal of the Philosophy of Sport 33 (2):125-143.
    Our purpose in this article is to draw attention to a connection that obtains between two dilemmas from two separate spheres: sports and the law. It is our contention that umpires in the game of cricket may face a dilemma that is similar to a dilemma confronted by legal decision makers and that comparing the nature of the dilemmas, and the arguments advanced to solve them, will serve to advance our understanding of both the law and games.
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  • Clinic, Courtroom or Committee: In the Best Interests of the Critically Ill Child?Richard Huxtable - 2018 - Journal of Medical Ethics 44 (7):471-475.
    Law’s processes are likely always to be needed when particularly intractable conflicts arise in relation to the care of a critically ill child like Charlie Gard. Recourse to law has its merits, but it also imposes costs, and the courts’ decisions about the best interests of such children appear to suffer from uncertainty, unpredictability and insufficiency. The insufficiency arises from the courts’ apparent reluctance to enter into the ethical dimensions of such cases. Presuming that such reflection is warranted, this article (...)
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  • Natural Law and Vengeance: Jurisprudence on the Streets of Gotham.Thomas Giddens - 2015 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (4):765-785.
    Batman is allied with modern natural law in the way he relies upon reason to bring about his vision of ‘true justice’, operating as a force external to law. This vision of justice is a protective one, with Batman existing as a guardian—a force for resistance against the corruption of the state and the failures of the legal system. But alongside his rational means, Batman also employs violence as he moves beyond the boundaries of the civilised state into the dark (...)
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  • Criminalising Anti-Social Behaviour.Andrew Cornford - 2012 - Criminal Law and Philosophy 6 (1):1-19.
    This paper considers the justifiability of criminalising anti-social behaviour through two-step prohibitions such as the Anti-Social Behaviour Order (ASBO). The UK government has recently proposed to abolish and replace the ASBO; however, the proposed new orders would retain many of its most controversial features. The paper begins by criticising the definition of anti-social behaviour employed in both the current legislation and the new proposals. This definition is objectionable because it makes criminalisation contingent upon the irrational judgements of (putative) victims, and (...)
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  • Why Education in Public Schools Should Include Religious Ideals.Doret J. de Ruyter & Michael S. Merry - 2009 - Studies in Philosophy and Education 28 (4):295-311.
    In this article we aim to open a new line of debate about religion in public schools by focusing on religious ideals. We begin with an elucidation of the concept ‘religious ideals’ and an explanation of the notion of reasonable pluralism, in order to be able to explore the dangers and positive contributions of religious ideals and their pursuit on a liberal democratic society. We draw our examples of religious ideals from Christianity and Islam, because these religions have most adherents (...)
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  • Philosophy in Law? A Legal‐Philosophical Inquiry.Michel Rosenfeld - 2014 - Ratio Juris 27 (1):1-20.
    Going beyond the debate between positivists and proponents of natural law, there is a controversy over whether there can or ought to be “philosophy in law”. According to Luhmann's autopoietic theory, law is a normatively closed system and accordingly remains completely independent from philosophy. Dworkin, on the other hand, asserts that constitutional law depends for its coherence and integrity on being encompassed within a particular political philosophy. This essay approaches “philosophy in law” from a functional rather than a legitimating perspective, (...)
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  • Code, Nintendo’s Super Mario and Digital Legality.Ashley Pearson & Kieran Tranter - 2015 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (4):825-842.
    The rise of technology in controlling and performing legal processes has created a new digital legality, signalling a transformation of law from an analog paper-based interpretative activity to an autonomous system governed by the rigidity and speed of code. This emerging digital legality converts life and living to data to be processed and catalogued. This process is exemplified and normalised within video games making them important cultural artefacts through which to identify the features and anxieties of digital legality. While video (...)
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  • Law’s Cultural Project and the Claim to Universality or the Equivocalities of a Familiar Debate.José Manuel Aroso Linhares - 2012 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (4):489-503.
    Do our present circumstances allow us to defend a specific connection (that specific connection) between «legal rules», «moral claims» and «democratic principles» which we may say is granted by an unproblematic presupposition of universality or by an «acultural» experience of modernity? In order to discuss this question, this paper invokes the challenge-visée of a plausible reinvention of Law’s autonomous project (a reinvention which may be capable of critically re-thinking and re-experiencing Law’s constitutive cultural-civilizational originarium in a «limit-situation» such as our (...)
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  • Ethics in Psychology and Law: An International Perspective.Alfred Allan - 2015 - Ethics and Behavior 25 (6):443-457.
    Some psychologists working in the psychology and law field feel that the profession does not provide them with adequate ethical guidance even though the field is arguably one of the oldest and best established applied fields of psychology. The uncertainty psychologists experience most likely stems from working with colleagues whose professional ethics differs from their own while providing services to demanding people and the many moral questions associated with the administration of law. I believe psychology’s ethics does, however, provide adequate (...)
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  • The Promotion of Moral Ideals in Schools; What the State May or May Not Demand.Doret J. de Ruyter & Jan W. Steutel - 2013 - Journal of Moral Education 42 (2):177-192.
    The content and boundaries of moral education the state may require schools to offer is a matter of contention. This article investigates whether the state may obligate schools to promote the pursuit of moral ideals. Moral ideals refer to (a cluster of) characteristics of a person as well as to situations or states that are believed to be morally excellent or perfect and that are not yet realised. Having an ideal typically means that the person is dedicated to realising the (...)
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  • Moral Aspirations and Ideals.Kimberley Brownlee - 2010 - Utilitas 22 (3):241-257.
    My aim is to vindicate two distinct and important moral categories – ideals and aspirations – which have received modest, and sometimes negative, attention in recent normative debates. An ideal is a conception of perfection or model of excellence around which we can shape our thoughts and actions. An aspiration, by contrast, is an attitudinal position of steadfast commitment to, striving for, or deep desire or longing for, an ideal. I locate these two concepts in relation to more familiar moral (...)
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  • The Law‐Based Utopia.Miguel Angel Ramiro Avilés - 2000 - Critical Review of International Social and Political Philosophy 3 (2-3):225-248.
  • Constitutional Conscience: Criminal Justice and Public Interest Ethics.Bradley Stewart Chilton - 1998 - Criminal Justice Ethics 17 (2):33-41.
    (1998). Constitutional conscience: Criminal justice and public interest ethics. Criminal Justice Ethics: Vol. 17, No. 2, pp. 33-41. doi: 10.1080/0731129X.1998.9992056.
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  • Autonomy and the Rule of Law.Ricardo García Manrique - 2007 - Ratio Juris 20 (2):280-301.
  • The Rule of Law in Contemporary Liberal Theory.Jeremy Waldron - 1989 - Ratio Juris 2 (1):79-96.
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  • The Role of the Jurist: Reflections Around Radbruch.Roger Cotterrell - 2013 - Ratio Juris 26 (4):510-522.
    Many different kinds of professionals work with law, but often they seek to use law for particular governmental or private purposes, they focus on some specific areas or aspects of its creation, interpretation or application, or they study it for its interest judged by criteria that are given by fields of scholarly practice outside it. Is there a special significance for a role exclusively concerned with analysing, protecting and enhancing the general well-being or worth of law as a practical idea? (...)
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  • The Ethics of Empowerment.Jeffrey Gandz & Frederick G. Bird - 1996 - Journal of Business Ethics 15 (4):383 - 392.
    Driven by competitive pressure, organizations are empowering employees to use their judgment, creativity, and ideas in pursuit of enhanced organizational performance and both employee and shareholder satisfaction. This empowerment offers both benefits and potential harm. This article explores the benefits and harm associated with role, reward, process and governance empowerment and makes recommendations for minimizing the harm while maximizing the benefits.
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  • Positivism, Legal Validity, and the Separation of Law and Morals.Giorgio Pino - 2014 - Ratio Juris 27 (2):190-217.
    The essay discusses the import of the separability thesis both for legal positivism and for contemporary legal practice. First, the place of the separability thesis in legal positivism will be explored, distinguishing between “standard positivism” and “post-Hartian positivism.” Then I will consider various kinds of relations between law and morality that are worthy of jurisprudential interest, and explore, from a positivist point of view, what kind of relations between law and morality must be rejected, what kind of such relations should (...)
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  • Morality and Ethics in Organizational Administration.Howard Adelman - 1991 - Journal of Business Ethics 10 (9):665 - 678.
    The article is a detailed case study of theft and fraud by an employee in an organization. The analysis suggests that in the process of dealing with the employee, the issue was notprimarily one of ethics, but of two moral principles in conflict, compassion and concern for a fellow human being and the morality governing responses to betrayal. The latter governed the results because that morality was congruent with the predominant ethics of the organization concerned with preserving the authority structure (...)
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  • The Suicide Tourist Trap: Compromise Across Boundaries. [REVIEW]Richard Huxtable - 2009 - Journal of Bioethical Inquiry 6 (3):327-336.
    Amongst the latest, and ever-changing, pathways of death and dying, “suicide tourism” presents distinctive ethical, legal and practical challenges. The international media report that citizens from across the world are travelling or seeking to travel to Switzerland, where they hope to be helped to die. In this paper I aim to explore three issues associated with this phenomenon: how to define “suicide tourism” and “assisted suicide tourism”, in which the suicidal individual is helped to travel to take up the option (...)
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  • Practical‐Political Jurisprudence and the Dual Nature of Law.Sarah Nason - 2013 - Ratio Juris 26 (3):430-455.
    Law contains many dualities, though most, if not all, of these dualities resolve into one complex puzzle: To what extent is law a matter of pure social facts, or moral value untethered to social facts? I argue that each concept of law reconciles this duality in a different way on the basis of certain beneficial consequences that might result. Instead of pitting concepts against one another universally, we should accept that the balance between law's social fact and moral value dimensions (...)
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  • Green Constitutionalism: The Constitutional Protection of Future Generations.Kristian Skagen Ekeli - 2007 - Ratio Juris 20 (3):378-401.
  • Review Essay / Dworkin's “Full Political Theory of Law”.Thomas D. Eisele - 1988 - Criminal Justice Ethics 7 (2):49-66.
    Ronald Dworkin, Law's Empire Cambridge: The Belknap Press of Harvard University Press, 1986, xiii + 470 pp.
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  • Law and Morality: A Critical Relation.Luc J. Wintgens - 1991 - Ratio Juris 4 (2):177-201.
    .The article deals with the difference between some forms of legal positivism. It is argued that, even in continental legal systems which are typically “rule bound,” there is some space left for principles in the legal system. The author tries to explain how this space can be filled and what methods should be used by a judge to do so.
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  • What Is Legal Philosophy?Matthew H. Kramer - 2012 - Metaphilosophy 43 (1-2):125-134.
    This article delineates some of the main issues that are debated by philosophers of law. It explores the connections between legal philosophy and other areas of philosophy, while also seeking to specify the distinctiveness of many of the concerns that have preoccupied philosophers of law. It illustrates its abstract points with examples focused on the separability of law and morality, the nature of the rule of law, the nature of rights, justifications for the imposition of punishment, and the identification of (...)
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  • Compliance and the Illusion of Ethical Progress.Christopher Michaelson - 2006 - Journal of Business Ethics 66 (2-3):241-251.
    It has become common for business practitioners and management scholars to distinguish between compliance and ethics. According to the conventional distinction as expressed in Paine’s formulation of Integrity Strategy, compliance is ordinarily a necessary but insufficient condition for ethics. Now that this distinction has been institutionalized in the most significant judicial, legislative, and regulatory developments in American business conduct management since the Enron failure, it is worth asking whether the current emphasis on ethics represents progress. Does it make logical and (...)
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  • Must Legalistic Conceptions of the Rule of Law Have a Social Dimension?N. W. Barber - 2004 - Ratio Juris 17 (4):474-488.
  • The Legality of Self‐Constitution.Christoph Hanisch - 2015 - Ratio Juris 28 (4):452-469.
    An influential strand in recent action-theory employs constitutivist arguments in order to present accounts of individual agency and practical identity. I argue for an extension of this framework into the interpersonal realm, and suggest using it to reassess issues in jurisprudence. A legal system is an instantiation of the solution to the inescapable tasks of self-constituting action and identity-formation in the presence of other agents. Law's validity and normativity can be enlightened when the constitutivist approach considers the external prerequisites of (...)
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  • Personal Identity and Education for the Desirable.Mordecai Nisan - 1996 - Journal of Moral Education 25 (1):75-83.
    Abstract On the basis of an analysis of moral judgements and choices, this paper discusses moral motivation grounded in the desire to maintain and express one's personal identity as a good, or ?good enough?, person. This identity is perceived as a link between moral knowledge and commitment to moral action. Identity?based motivation encourages a pluralistic and tolerant view of other norms. Since it is based on personal identity, it suggests a new situation in education. The aim of moral education will (...)
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  • Toleration and the Design of Norms.Luciano Floridi - 2015 - Science and Engineering Ethics 21 (5):1095-1123.
    One of the pressing challenges we face today—in a post-Westphalian order and post-Bretton Woods world —is how to design the right kind of MAS that can take full advantage of the socio-economic and political progress made so far, while dealing successfully with the new global challenges that are undermining the best legacy of that very progress. This is the topic of the article. In it, I argue that in order to design the right kind of MAS, we need to design (...)
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  • A Formal Theory of the Rule of Law.Robert S. Summers - 1993 - Ratio Juris 6 (2):127-142.
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  • Grounding the Rule of Law.Noel B. Reynolds - 1989 - Ratio Juris 2 (1):1-16.
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  • On Necessary Relations Between Law and Morality.Robert Alexy - 1989 - Ratio Juris 2 (2):167-183.
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  • Holding Organized Crime Leaders Accountable for the Crimes of Their Subordinates.Shachar Eldar - 2012 - Criminal Law and Philosophy 6 (2):207-225.
    Criminal law doctrine fails to provide an adequate solution for imputing responsibility to organized crime leaders for the offenses committed by their subordinates. This undesirable state of affairs is made possible because criminal organizations adopt complex organizational structures that leave their superiors beyond the reach of the law. These structures are characterized by features such as the isolation of the leadership from junior ranks, decentralized management, and mechanisms encouraging initiative from below. They are found in criminal organizations such as the (...)
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  • Reliance and Obligation.Oliver Black - 2004 - Ratio Juris 17 (3):269-284.
    The fact that A has relied on B to do something is often taken to be a relevant factor in judging that B has a moral or legal obligation to do that thing. This paper investigates the relation between reliance and obligation. Specifically, the question is whether reliance and moral obligation are connected by some relation of conditionality. I consider four such relations - necessary condition, sufficient condition, necessary part of a sufficient condition, and independent necessary part of a sufficient (...)
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  • Nigel Simmonds' Law as a Moral Idea.Tim Potier - 2011 - Ratio Juris 24 (3):364-367.
  • David Dyzenhaus and the Holy Grail.Roger A. Shiner - 1994 - Ratio Juris 7 (1):56-71.
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  • Legal Validity: An Inferential Analysis.Giovanni Sartor - 2008 - Ratio Juris 21 (2):212-247.
    . I will argue that the concept of law is a normative notion, irreducible to any factual description. Its conceptual function is that of relating certain properties a norm may possess to the conclusion that the norm is legally binding, namely, that it deserves to be endorsed and applied in legal reasoning. Legal validity has to be distinguished from other, more demanding, normative ideas, such as moral bindingness or legal optimality.
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  • Corruption Between Public and Private Moralities: The Albanian Case in a Comparative Perspective.Giuliana Prato - 2013 - Human Affairs 23 (2):196-211.
    This essay draws on comparative ethnographic material from Albania and Italy. It addresses different forms of corruption, arguing that in order to understand the way in which phenomena such as corruption occur and are experienced in any given society, we should contextualize them in the historical and cultural traditions of that specific society. In doing so, however, we should be alert in avoiding falling into the trap of either moral relativism or cultural determinism. The essay suggests that an anthropological analysis (...)
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  • The Holocaust: Moral and Political Lessons.A. H. Lesser - 1995 - Journal of Applied Philosophy 12 (2):143-150.
  • The Hart‐Fuller Debate.Juan Vega Gomez - 2014 - Philosophy Compass 9 (1):45-53.
    I will center the discussion of the Hart-Fuller debate on the five claims Hart mentions might be understood as legal positivisms main tenets: (1) the command theory; (2) the no necessary connection thesis; (3) the methodological claim; (4) the charge of positivism as formalism and the problem of interpretation; and (5) the meta-ethical confusion. In light of these five claims, I will explore whether the exchange of views between Hart and Fuller in 1957 truly amounted to a debate. Sorting out (...)
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  • Eyes Wide Shut: On Risk, Rule of Law and Precaution.Lyana Francot-Timmermans & Ubaldus De Vries - 2013 - Ratio Juris 26 (2):282-301.
    The rule of law offers legal certainty, laying down boundaries to the state's playing field. The precautionary approach stipulates that the absence of scientific certainty is no reason not to act to prevent harm. Here, uncertainty frames action. The precautionary approach potentially expands the state's playing field, and this expansion might well undermine the precepts of the rule of law. The certainty-uncertainty axis exposes a tension between the rule of law and the precautionary approach in what Ulrich Beck has termed (...)
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  • Dworkin and His Critics: The Relevance of Ethical Theory in Philosophy of Law.Stephen W. Ball - 1990 - Ratio Juris 3 (3):340-384.
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  • The Legality of Law.John Gardner - 2004 - Ratio Juris 17 (2):168-181.
  • The Tyranny of the Enfranchised Majority? The Accountability of States to Their Non-Citizen Population.Meghan Benton - 2010 - Res Publica 16 (4):397-413.
    The debate between legal constitutionalists and critics of constitutional rights and judicial review is an old and lively one. While the protection of minorities is a pivotal aspect of this debate, the protection of disenfranchised minorities has received little attention. Policy-focused discussion—of the merits of the Human Rights Act in Britain for example—often cites protection of non-citizen migrants, but the philosophical debate does not. Non-citizen residents or ‘denizens’ therefore provide an interesting test case for the theory of rights as trumps (...)
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  • Business-State Relations in the Commercial Republic.Stephen L. Elkin - 1994 - Journal of Political Philosophy 2 (2):115–139.
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