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  1.  8
    Liberal Religious Neutrality and the Demarcation of Science: The Problem with Methodological Naturalism.Cristóbal Bellolio - 2020 - Law and Philosophy 39 (3):239-261.
    There have been persistent philosophical efforts to demarcate the province of science. Fewer attempts have been made to explore whether these demarcation strategies are consistent with the liberal promise of religious neutrality. Within this framework, most liberal political theorists seem to agree that hypotheses suggesting supernatural agency should remain outside the purview of science by principle. In their view, this rule of methodological naturalism is neutral in the relevant sense, since it is silent towards ultimate questions. This paper examines whether (...)
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  2.  9
    Holding Responsible and Taking Responsibility.Stephen Bero - 2020 - Law and Philosophy 39 (3):263-296.
    In matters of responsibility, there are often two sides to the transaction: one party who holds another responsible, and the other who takes responsibility for her conduct. The first side has been closely scrutinized in discussions of the nature of responsibility, due to the influential Strawsonian conjecture that an agent is responsible if and only if it is appropriate to hold her responsible. This preoccupation with holding responsible – with its focus on the second-personal perspective and on responses like blame (...)
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  3.  5
    Legality’s Law’s Empire.Nevin Johnson - 2020 - Law and Philosophy 39 (3):325-349.
    Scott Shapiro’s Legality argues the positivist Planning Theory of law meets the anti-positivist challenge posed by the argument from theoretical disagreements about law in Ronald Dworkin’s Law’s Empire. Legality equates theoretical disagreements with what Shapiro calls meta-interpretive disagreements, and then offers a legal theory of meta-interpretation that purportedly accounts for the existence of meta-interpretive disagreements by showing how it is rational or intelligible for legal actors to have such disagreements. This paper argues Legality misconstrues Law’s Empire. The true challenge of (...)
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  4.  1
    State Estoppel.Dennis Klimchuk - 2020 - Law and Philosophy 39 (3):297-323.
    It is a recurring idea in the history of political philosophy that concepts and doctrines of private law are illuminative of public law and political philosophy. Central among these are contract and the trust. In this paper, I consider the prospects of a third: estoppel. The public law context in which estoppel is most commonly invoked is criminal law, and there especially in the service of understanding the defenses of entrapment and what I call officially induced mistake of law. My (...)
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  5.  8
    Against the Alienage Condition for Refugeehood.Eilidh Beaton - 2020 - Law and Philosophy 39 (2):147-176.
    Under the 1951 Refugee Convention, there are two necessary conditions for refugeehood: a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion and alienage – that is, being outside of one’s country of nationality or habitual residence. In 1985 Andrew Shacknove famously argued that both of these conditions should be rejected. Shacknove’s paper prompted much debate about the suitability of the persecution condition, but his rejection of the alienage requirement has (...)
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  6.  13
    Legitimate Power without Authority: The Transmission Model.Matthias Brinkmann - 2020 - Law and Philosophy 39 (2):119-146.
    Some authors have argued that legitimacy without authority is possible, though their work has not found much uptake in mainstream political philosophy. I provide an improved model how legitimate political institutions without authority are possible, the Transmission Model, which I couple with a thin substantive position, the Moral Value View. I defend the model against three common objections.
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  7.  7
    Compromise and religious freedom.Brian Hutler - 2020 - Law and Philosophy 39 (2):177-202.
    Compromise is surprisingly common in the context of religious freedom. In Holt v. Hobbs, for example, a Muslim prison inmate challenged his prison’s no-beards policy on religious freedom grounds. He proposed, and was eventually granted, a compromise that allowed him to grow a half-inch beard rather than the full beard normally required by his beliefs. Some have argued that such a compromise is inconsistent with the purpose of religious freedom, which is to guard against interference with an individual’s religious practices. (...)
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  8.  10
    Why Snowden and not Greenwald? On the Accountability of the Press for Unauthorized Disclosures of Classified Information.Dorota Mokrosinska - 2020 - Law and Philosophy 39 (2):203-238.
    In 2013, following the leaks by Edward Snowden, The Guardian published a number of classified NSA documents. Both leaking and publishing leaks violate the law prohibiting unauthorized disclosures. Accordingly, there are two potential targets for prosecution: the leakers and the press. In practice, however, only the leakers are prosecuted: Snowden is facing a threat of 30 years’ imprisonment; no charges have been made against The Guardian. If both leaking and publishing leaks violate the law, why prosecute only the leakers and (...)
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  9.  12
    Rescuing Public Reason Liberalism’s Accessibility Requirement.Gabriele Badano & Matteo Bonotti - 2020 - Law and Philosophy 39 (1):35-65.
    Public reason liberalism is defined by the idea that laws and policies should be justifiable to each person who is subject to them. But what does it mean for reasons to be public or, in other words, suitable for this process of justification? In response to this question, Kevin Vallier has recently developed the traditional distinction between consensus and convergence public reason into a classification distinguishing three main approaches: shareability, accessibility and intelligibility. The goal of this paper is to defend (...)
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  10.  7
    The Feasibility of a Public Interest Defense for Whistleblowing.Eric R. Boot - 2020 - Law and Philosophy 39 (1):1-34.
    It is commonly stated, by both whistleblower protection laws and political philosophers, that a breach of state secrecy by disclosing classified documents is justified if it serves the public interest. The problem with this defense of justified whistleblowing, however, is that the operative term – the public interest – is all too often left unclarified. This is problematic, because it leaves potential whistleblowers without sufficient certainty that their disclosures will be covered by the defense, leading many to err on the (...)
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  11.  9
    A Quasi-Contract Theory of Political Obligation.Cameron Oren Hunter - 2020 - Law and Philosophy 39 (1):93-118.
    Whether there is a general moral obligation to obey the law, often referred to as ‘political obligation’, is an enduring question in contemporary legal and political philosophy. Theories are continually being formulated, criticized, and reformulated as theorists attempt to settle this issue. However, there yet remains no general consensus as to whether any theory successfully answers this question in either the affirmative or the negative. I propose the legal doctrine of quasi-contract as a candidate for making sense of this persistent (...)
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  12.  11
    Entrapment, Culpability, and Legitimacy.Hochan Kim - 2020 - Law and Philosophy 39 (1):67-91.
    In this paper, I offer a novel account of entrapment. This account suggests that the wrongness of pursuing punishment in cases of entrapment consists of two distinct components, one concerning the culpability of the entrapped defendant and the other concerning the legitimacy of the entrapping state to prosecute crimes that it has effectively created. Distinguishing these two components of entrapment, I explain, helps to clarify the moral issues at stake and to resolve some confusions and debates in existing legal analyses (...)
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  13.  12
    Against the Managerial State: Preventive Policing as Non-Legal Governance.John Lawless - 2020 - Law and Philosophy:1-33.
    Since at least the 1980s, police departments in the United States have embraced a set of practices that aim, not to enable the prosecution of past criminal activity, but to discourage people from breaking the law in the first place. It is not clear that these practices effectively lower the crime rate. However, whatever its effect on the crime rate, I argue that preventive policing is essentially distinct from legal governance, and that excessive reliance on preventive policing undermines legal governance. (...)
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