7 found

Year:

  1. Liberty and the Constitution.Michael S. Moore - 2015 - Legal Theory 21 (3-4):156-241.
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  2. The Place of Force in General Jurisprudence.Jeffrey A. Pojanowski - 2015 - Legal Theory 21 (3-4):242-253.
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  3.  1
    The Failure of Universal Theories of Tort Law.Goudkamp James & Murphy John - 2015 - Legal Theory 21 (2):47-85.
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  4.  1
    Harmless Discrimination.Adam Slavny & Tom Parr - 2015 - Legal Theory 21 (2):100-114.
    In Born Free and Equal: A Philosophical Inquiry into the Nature of Discrimination, Kasper Lippert-Rasmussen defends the harm-based account of the wrongness of discrimination, which explains the wrongness of discrimination with reference to the harmfulness of discriminatory acts. Against this view, we offer two objections. The conditions objection states that the harm-based account implausibly fails to recognize that harmless discrimination can be wrong. The explanation objection states that the harm-based account fails adequately to identify all of the wrong-making properties of (...)
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  5.  20
    What’s Virtuous About the Law?Kimberley Brownlee - 2015 - Legal Theory 21 (1):1-17.
    Debates about our moral relation to the law typically focus on the moral force of law. Often, the question asked is: Do we have a moral duty to follow the law? Recently, that question has been given a virtue-ethical formulation: Is there a virtue in abiding by the law? This paper considers our moral relation to the law in terms of virtue but focuses on a different question from the traditional ones. The question here is: Can the law model virtue (...)
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  6.  12
    Occupation Courts, Jus Ad Bellum Considerations, and Non-State Actors: Revisiting the Ethics of Military Occupation.Alejandro Chehtman - 2015 - Legal Theory 21 (1):18-46.
    This article provides a normative appraisal of the law of military occupation by looking into occupation courts and their legitimacy. It focuses on two cornerstones of the current regulation of war: the principle of equality of belligerents, that is, the potential relevance of jus ad bellum considerations on the in bello rights of occupants, and the normative force of the traditional distinction between states and non-state armed groups, specially in conflicts not of an international character. Against the currently predominant neoclassical (...)
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  7.  1
    Expected Applications, Contextual Enrichment, and Objective Communicative Content: The Linguistic Case for Conception Textualism.Asgeirsson Hrafn - 2015 - Legal Theory 21:115–135.
    Textualist and originalist legal reasoning usually involves something like the following thesis, whether implicitly or explicitly: the legal content of a statute or constitutional clause is the linguistic content that a reasonable member of the relevant audience would, knowing the context and conversational background, associate with the enactment. In this paper, I elucidate some important aspects of this thesis, emphasizing the important role that contextual enrichment plays in textualist and originalist legal reasoning. The aim is to show how the linguistic (...)
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