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  1. Legal Vices and Civic Virtue: Vice Crimes, Republicanism and the Corruption of Lawfulness. [REVIEW]Ekow N. Yankah - 2013 - Criminal Law and Philosophy 7 (1):61-82.
    Vice crimes, crimes prohibited in part because they are viewed as morally corrupting, engage legal theorists because they reveal importantly contrasting views between liberals and virtue-centered theorists on the very limits of legitimate state action. Yet advocates and opponents alike focus on the role law can play in suppressing personal vice; the role of law is seen as suppressing licentiousness, sloth, greed etc. The most powerful advocates of the position that the law must nurture good character often draw on Aristotelian (...)
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  • Comments on The Mighty and The Almighty.Paul Weithman - 2016 - Journal of Analytic Theology 4:377-386.
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  • Virtue jurisprudence a virtue–centred theory of judging.Lawrence B. Solum - 2003 - Metaphilosophy 34 (1/2):178--213.
    “Virtue jurisprudence” is a normative and explanatory theory of law that utilises the resources of virtue ethics to answer the central questions of legal theory. The main focus of this essay is the development of a virtue–centred theory of judging. The exposition of the theory begins with exploration of defects in judicial character, such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis, or sound practical judgement. A virtue–centred account (...)
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  • Religious accommodation law in the UK: five normative gaps.Jonathan Seglow - 2018 - Critical Review of International Social and Political Philosophy 21 (1):109-128.
  • In Defense of “Pure” Legal Moralism.Danny Scoccia - 2013 - Criminal Law and Philosophy 7 (3):513-530.
    In this paper I argue that Joel Feinberg was wrong to suppose that liberals must oppose any criminalization of “harmless immorality”. The problem with a theory that permits criminalization only on the basis of his harm and offense principles is that it is underinclusive, ruling out laws that most liberals believe are justified. One objection (Arthur Ripstein’s) is that Feinberg’s theory is unable to account for the criminalization of harmless personal grievances. Another (Larry Alexander’s and Robert George’s) is that it (...)
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  • Neutrality of What? Public Morality and the Ethics of Equal Respect.Koen Raes - 1995 - Philosophica 56 (2):133-168.
  • Legal Moralism, Interests and Preferences: Alexander on Aesthetic Regulation.Jonathan Peterson - 2015 - Philosophia 43 (2):485-498.
    Legal moralists hold that the immorality of an action is a sufficient reason for the state to prevent it. Liberals in the tradition of Mill generally reject legal moralism. However, Larry Alexander has recently developed an argument that suggests that a class of legal restrictions on freedom that most liberals endorse is, and perhaps can only be, justified on moralistic grounds. According to Alexander, environmental restrictions designed to preserve nature or beauty are forms of legal moralism. In this paper, I (...)
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  • The Limits of Tolerance: A Substantive-Liberal Perspective.Yossi Nehushtan - 2007 - Ratio Juris 20 (2):230-257.
    In this paper I explore the concept of tolerance and suggest a description of that concept that could be accepted regardless of the political theory one supports. Since a neutral perception of the limits of tolerance is impossible, this paper offers a guideline for a substantive-liberal or a perfectionist-liberal approach to it. The limits of tolerance are described through the principles of reciprocity and proportionality. The former explains why intolerance should not be tolerated whereas the latter prescribes how and to (...)
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  • A Failed Refutation and an Insufficiently Developed Insight in Hart’s Law, Liberty, and Morality.Jeffrie G. Murphy - 2013 - Criminal Law and Philosophy 7 (3):419-434.
    H. L. A. Hart, in his classic book Law, Liberty, and Morality, is unsuccessful in arguing that James Fitzjames Stephen’s observations about the role of vice in criminal sentencing have no relevance to a more general defense of legal moralism. He does, however, have a very important insight about the special significance of sexual liberty.
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  • Rights in Criminal Law in the Light of a Will Theory.Elias Moser - 2019 - Criminal Justice Ethics 38 (3):176-197.
    The will theory of rights has so far been considered incapable of capturing individual rights under criminal law. Adherents of the will theory, therefore, have defended the claim that criminal law does not assign rights to individuals. In this article I argue first, that criminal law does assign individual rights and second, that the will theory of rights may enhance our understanding of these rights. The two major implications of the account are: a volenti non fit iniuria principle for criminal (...)
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  • Of art and blasphemy.Anthony Fisher & Hayden Ramsay - 2000 - Ethical Theory and Moral Practice 3 (2):137-167.
    What does philosophy have to say about the argument that blasphemous art ought not to be publicly displayed? We examine four concepts of blasphemy: blasphemy as offence, attack on religion, attack on the sacred, attack on the blasphemer himself. We argue all four are needed to grasp this complex concept. We also argue for blasphemy as primarily a moral, not a religious concept. We then criticise four arguments for the public display of blasphemous art: it may be beautiful, provocative, devoutly (...)
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  • Ethical individualism, natural law, and the primacy of natural rights.Douglas J. Den Uyl & Douglas B. Rasmussen - 2001 - Social Philosophy and Policy 18 (1):34-69.
    Whether or not Strauss's observation is historically accurate, it does suggest two sets of questions for philosophical examination. (1) Is Strauss correct to view natural duties and natural rights as the same type of ethical concept? Do they serve the same function? Do they work on the same level, and are they necessarily in competition with each other? (2) Does saying that the individual human being is the center of the moral world require that one reject the idea of a (...)
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