39 found

Year:

  1.  6
    The Concept of Voluntariness.Maria Alvarez - 2016 - Jurisprudence 7 (3):665-671.
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  2.  3
    Coercion as Enforcement, and the Social Organisation of Power Relations: Coercion in Specific Contexts of Social Power.Scott A. Anderson - 2016 - Jurisprudence 7 (3):525-539.
    Many recent theories of coercion broaden the scope of the concept coercion by encompassing interactions in which one agent pressures another to act, subject to some further qualifications. I have argued previously that this way of conceptualizing coercion undermines its suitability for theoretical use in politics and ethics. I have also explicated a narrower, more traditional approach—“the enforcement approach to coercion”—and argued for its superiority. In this essay, I consider the prospects for broadening this more traditional approach to cover some (...)
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  3.  2
    Coercion and Obligation as Exercises of Authority.Steve Coyne - 2016 - Jurisprudence 7 (3):575-592.
    How do exercises of authority different from requests, threats and advice? It is common to answer this question by emphasising the role of obligation, or the role of justified coercion, to the exclusion of the other. Using a distinction between an office of authority and an exercise of authority, I develop a taxonomy of such views of authority and present arguments against each of them. In place of these views, I argue for a symmetrical view of obligation and coercion within (...)
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  4.  9
    Towards a Philosophical Jurisprudence. [REVIEW]David Dyzenhaus - 2016 - Jurisprudence 7 (3):636-655.
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  5. Coercion, Stability, and Indoctrination in the Pejorative Sense.William A. Edmundson - 2016 - Jurisprudence 7 (3):540-556.
    John Rawls argued in A Theory of Justice that ‘justice as fairness … is likely to have greater stability than the traditional alternatives since it is more in line with the principles of moral psychology'. In support, he presented a psychology of moral development that was informed by a comprehensive liberalism. In Political Liberalism, Rawls confessed that the argument was 'unrealistic and must be recast'. Rawls, however, never provided a psychology of moral development informed by a specifically political liberalism, leaving (...)
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  6. The Authorisation of Coercive Enforcement Mechanisms as a Conceptually Necessary Feature of Law.Kenneth Einar Himma - 2016 - Jurisprudence 7 (3):593-626.
    One of the most conspicuous features of law, as it works in the world of our experience, is that legal norms are characteristically backed by coercive enforcement mechanisms. Nevertheless, many legal philosophers specializing in conceptual jurisprudence believe that coercion is not a conceptually necessary feature of law. In this essay, I argue that the authorization of coercive enforcement mechanisms is a conceptually necessary feature of law. I ground the argument in the Hartian claim that the sense of ‘law’ requiring explication (...)
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  7.  8
    Voluntariness and Intention.John Hyman - 2016 - Jurisprudence 7 (3):692-709.
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  8.  20
    Trying to Make Sense of Criminal Attempts. [REVIEW]Ken Levy - 2016 - Jurisprudence 7 (3):656-664.
    Issues include attempts generally; the problem of outcome luck; the impossibility defense; physical movement and intent; and reckless attempts, attempted rape, and attempted theft. In the final section, I offer a hypothetical that challenges Prof. Donnelly-Lazarov's theory.
    Direct download (4 more)  
     
    Export citation  
     
    My bibliography  
  9.  7
    Reasons and Causes: Do Dispositions Help Us Resolve the Old Debate?Erasmus Mayr - 2016 - Jurisprudence 7 (3):685-691.
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  10.  2
    Law and Coercion Introduction.Lucas Miotto - 2016 - Jurisprudence 7 (3):523-524.
    Introduction to the Law and Coercion Symposium.
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  11.  2
    The Logical Analysis of Law as a Bridge Between Legal Philosophical Traditions. [REVIEW]Jorge Emilio Núñez - 2016 - Jurisprudence 7 (3):627-635.
  12.  2
    Rethinking Duress.Dennis Patterson - 2016 - Jurisprudence 7 (3):672-677.
    John Hyman makes a good case for the proposition that duress defeases what would otherwise be a voluntary act. In this article, I consider Hyman's arguments in the context of economic duress and conclude that while Hyman makes an excellent case for the proposition that duress vitiates voluntariness, there may be cases where the law might not want to allow the defence of duress.
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  13. The Presumption of Liberty and the Coerciveness of the State.Cindy Phillips - 2016 - Jurisprudence 7 (3):557-574.
    A dominant belief in political philosophy is that states must be entitled to authorize the use of coercion in order to justifiably coerce its subjects. Call this view the entitlement view. On this view, for a state to justifiably coerce its subjects, a necessary condition is that it is entitled to authorize the use of coercion. Sceptics hold the entitlement view. However, they deny that states are entitled to authorize the use of coercion. This denial informs their views regarding the (...)
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  14. Action, Voluntariness and Consent: On John Hyman’s Action, Knowledge, and Will.Assaf Sharon - 2016 - Jurisprudence 7 (3):678-684.
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  15.  13
    Scott J Shapiro Between Positivism and Non-Positivism.Robert Alexy - 2016 - Jurisprudence 7 (2):299-306.
    In his book Legality Scott J Shapiro presents a large-scale and sophisticated attempt to defend legal positivism in its most outspoken form, namely exclusive legal positivism. This, however, does not mean that morality plays no role in Shapiro’s analysis of the nature of law. On the contrary, he connects law with morality in myriad ways. This gives rise to the question of whether Shapiro’s theory of the nature of law is truly positivistic. In the article I argue that Shapiro’s theory (...)
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  16.  4
    Coherentism and Foundationalism in the Practical Domain.Stefano Bertea - 2016 - Jurisprudence 7 (2):365-375.
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  17. Law as Plan and Artefact.Kenneth M. Ehrenberg - 2016 - Jurisprudence 7 (2):325-340.
    Scott Shapiro’s theory that law is a social plan is helpful in seeing law essentially as a tool of human creation and as such is sympathetic to understanding law in terms of the social functions it performs, a method I argue for elsewhere. I focus here on two problems with the theory as presented. The planning theory does not adequately explain the persistence of law beyond the utility of those who implement it. Generally, plans can cease to exist as soon (...)
    Direct download (4 more)  
     
    Export citation  
     
    My bibliography  
  18.  1
    Planning From a Legal Point of View.Triantafyllos Gkouvas - 2016 - Jurisprudence 7 (2):341-354.
    Legality is a monograph scoring distinct contributions across the board of jurisprudential discourse. Among the most prominent arguments marshalled in this book is an impressively robust defence of reductionism about legal norms. The concept of a plan is invoked in the service of delivering a formidable task, that of disembarrassing the legal philosopher of the quest for what makes legal norms metaphysically distinct. The answer is simple, yet relies on an intricate chain of arguments: talk of legal norms is just (...)
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  19.  9
    The Jurisprudence Annual Lecture 2016 – Mutual Recognition.A. J. Julius - 2016 - Jurisprudence 7 (2):193-209.
    Each of two mutually recognising persons knows herself to be capable of and responsible for acting toward the other in ways that presuppose the other’s capability and responsibility for doing the same. The lecture brings out some egalitarian, libertarian and solidaristic aspects of an interpersonal ideal of mutual recognition, and it considers conversation, friendship and respect for right as three main examples of the syndrome.
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  20. On the Legal Logic of Social Ontology: Short Remarks on Hans Lindahl’s Fault Lines of Globalization.Massimo La Torre - 2016 - Jurisprudence 7 (2):384-391.
  21.  1
    Reply to Critics.Hans Lindahl - 2016 - Jurisprudence 7 (2):419-429.
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  22. Legality Bound.Emmanuel Melissaris - 2016 - Jurisprudence 7 (2):392-400.
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  23.  3
    How to Address Kant’s Legal and Political Philosophy? A Review of Maliks’s Kantian Context and Horn’s Non-Ideal Normativity.Thomas Mertens - 2016 - Jurisprudence 7 (2):376-383.
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  24. A-Legal Irruptions and Spatial Revolutions.Panu Minkkinen - 2016 - Jurisprudence 7 (2):401-408.
  25.  1
    Introduction.George Pavlakos - 2016 - Jurisprudence 7 (2):297-298.
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  26.  5
    Normativity and the Planning Theory of Law.Connie S. Rosati - 2016 - Jurisprudence 7 (2):307-324.
    In this essay, I focus on what appear to be Shapiro’s views about the normativity of law, as well as with his surprising claim that law necessarily has a moral aim. I argue that even if Shapiro offers a more compelling reply to the problem of the normativity of law than Hart offers in The Concept of Law, the moves that he makes appear to be equally available to a defender of Hart’s theory, and so in this respect, the planning (...)
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  27.  2
    Public Rights, Private Relations.Mark Tushnet - 2016 - Jurisprudence 7 (2):355-364.
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  28.  2
    A Comment on Hans Lindahl, Fault Lines of Globalization: Legal Order and the Politics of A-Legality.Scott Veitch - 2016 - Jurisprudence 7 (2):409-418.
  29.  3
    Law, Neuroscience and Conceptual Housecleaning.Teneille Brown - 2016 - Jurisprudence 7 (1):164-170.
  30.  9
    Master Principles of Criminalisation.James Edwards - 2016 - Jurisprudence 7 (1):138-148.
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  31.  1
    Michael S Pardo and Dennis Patterson, Minds, Brains, and Law: The Conceptual Foundations of Law and Neuroscience.David L. Faigman - 2016 - Jurisprudence 7 (1):171-180.
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  32.  6
    Free Will and Consciousness.Andrew Field - 2016 - Jurisprudence 7 (1):127-137.
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  33.  5
    How Far Human Rights?Katrin Flikschuh - 2016 - Jurisprudence 7 (1):85-92.
    This short introductory paper explains the broader research setting from which the idea for this symposium arose. I then summarise the arguments mounted by Simon Hope and Kofi Quashigah respectively. Taking a philosophical perspective, Hope asks whether insisting on the language of human rights when broaching issues of historical injustice may not risk misunderstanding the nature of the original wrong. Quashigah analyses the legal conundrums facing modern African states when in seeking to comply with international human rights requirements they risk (...)
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  34.  4
    Human Rights: Sometimes One Thought Too Many?Simon Hope - 2016 - Jurisprudence 7 (1):111-126.
    It is commonly claimed, in the global justice literature, that global injustices are best characterised in terms of the violation or unfulfilment of human rights. I suggest that global justice theorists are overconfident on this point. For decolonising peoples, contemporary global injustice is likely to be characterised in terms drawn from local histories of injustice and the constellations of thick ethical concepts they contain. To make the point I describe how the Māori of New Zealand, who do not reject human (...)
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  35.  1
    Michael Pardo and Dennis Patterson, Minds, Brains, and Law: The Conceptual Foundations of Law and Neuroscience.Stephen J. Morse - 2016 - Jurisprudence 7 (1):158-163.
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  36.  2
    Symposium on Minds, Brains, and Law: A Reply.Michael S. Pardo & Dennis Patterson - 2016 - Jurisprudence 7 (1):181-191.
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  37.  9
    Justice, Non-Human Animals, and the Methodology of Political Philosophy.David Plunkett - 2016 - Jurisprudence 7 (1):1-29.
    One important trend in political philosophy is to hold that non-human animals don't directly place demands of justice on us. Another important trend is to give considerations of justice normative priority in our general normative theorising about social/political institutions. This situation is problematic, given the actual ethical standing of non-human animals. Either we need a theory of justice that gives facts about non-human animals a non-derivative explanatory role in the determination of facts about what justice involves, or else we should (...)
    Direct download (4 more)  
     
    Export citation  
     
    My bibliography  
  38. Justice in the Traditional African Society Within the Modern Constitutional Set-Up.Kofi Quashigah - 2016 - Jurisprudence 7 (1):93-110.
    This paper discusses justice as an inherent aspect of life in traditional African societies. It further examines the degree to which constitutions of African countries recognise and promote the traditions and customary practices. It is noted that of late, in the desire to contextualise justice, human rights has to a large extent become the yardstick. This universal idea often creates conflicts with African customary practices which indeed represent the expectations of individuals or groups within such customary traditions. It is therefore (...)
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  39.  10
    Judging Raz.Nicole Roughan - 2016 - Jurisprudence 7 (1):149-157.
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
 Previous issues
  
Next issues