Law and Philosophy

ISSNs: 0167-5249, 1573-0522

7 found

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  1.  20
    The Internal Point of View.Jeffrey Kaplan - 2023 - Law and Philosophy 42 (3):211-236.
    The most discussed theory of law of the twentieth century – HLA Hart’s theory from _The Concept of Law_ – is fundamentally _psychological_. It explains the existence of legal systems in terms of an attitude taken by legal officials: the internal point of view. Though much has been said about this attitude (what statements _express_ it, what it is _not_, how Hart _ought_ to have conceived of it, etc.), we nonetheless lack an adequate account of the attitude itself. This paper (...)
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  2.  1
    Conditional Relevance and Conditional Admissibility.Matthew Kotzen - 2023 - Law and Philosophy 42 (3):237-283.
    In this paper, I aim to explicate the distinction between ‘unconditional relevance’ and ‘conditional relevance’ as those terms and related concepts are applied in the context of admissibility determinations in modern trials. I take the U.S. Federal Rules of Evidence to be my model in analyzing these concepts, though on my view any reasonable approach to legal evidence will have to distinguish between these concepts and make appropriate provisions for their separate treatment. I begin by explaining how the Federal Rules (...)
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  3.  6
    The moral permissibility of banishment.E. E. Sheng - 2023 - Law and Philosophy 42 (3):285-310.
    This essay defends the moral permissibility, as a form of punishment, of banishment, namely the exclusion by a state of a citizen from its territory. I begin by outlining the prima facie case for banishment, consider for whom it may be appropriate, and acknowledge constraints on its permissibility. I then defend banishment against the main objections in the literature to banishment or the related measure of denationalization (stripping citizens of their citizenship): impermissible permanency; excessive severity; ineffectiveness; unfairness to those who (...)
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  4.  1
    The Phenomenology and Ethics of P-Centricity in Mental Capacity Law.Camillia Kong - 2023 - Law and Philosophy 42 (2):145-175.
    Under the Mental Capacity Act 2005 (MCA) in England and Wales, the liberal commitments to subjective freedom guide obligations towards persons who do not lack capacity. For the subject of proceedings who might lack capacity (P), it is less clear as to what obligations orient best interests decision-making on their behalf. The UK Supreme Court has emphasised the centrality of ‘P-centricity’ in best interests decision-making, where there is the legal obligation to consider P’s subjective views and wishes in a holistic (...)
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  5.  23
    Now It’s Personal: From Me to Mine to Property Rights.David Shoemaker & Bas van der Vossen - 2023 - Law and Philosophy 42 (2):177-203.
    Philosophical theories of property rights struggle to adequately explain the moral significance of ownership. We propose that the moral significance of property rights is due to the intersection of what we call "the extended self” and conventionally protected rights claims. The latter, drawing on conventionalist accounts of property rights, explains the social nature and flexibility of property. The former, drawing on naturalist theories, explains their personal nature. The upshot is that we find at this intersection the full moral significance of (...)
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  6.  10
    Kinship, Justice, and Inheritance: The Case of ‘Rest’ in Ethiopia.Kebadu Mekonnen Gebremariam - 2023 - Law and Philosophy 42 (1):37-55.
    This paper argues that the inheritance of wealth must be grounded on reasons other than the defense of the testator’s right to bequeath or that of an heir’s alleged moral right to receive inheritance. It asserts that the accepted approach in anglophone political philosophy about the justice of inheritance along the framework of ‘justice in transfer’ is misguided. Taking _Rest_ land inheritance in Ethiopia as a case study, it defends a system of corporate ownership of land by the descent group (...)
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  7.  10
    Coercion Without Incapacitation.William R. Tadros - 2023 - Law and Philosophy 42 (1):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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