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  1.  11
    Law’s Normative Point.George Duke - 2019 - Law and Philosophy 38 (1):1-27.
    This paper defends the explanatory priority for the general descriptive theory of law of an investigation into law’s normative point over an investigation of law’s other central features. The paper begins by clarifying the normative priority thesis and implications of the assertion that law has a normative point. It then develops, in Section II, two arguments in favour of the priority thesis. Section III demonstrates the explanatory power of the law’s normative point priority thesis by reference to the related, but (...)
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  2.  17
    Public Reason, Science and Faith: The Case of Intelligent Design.Tim Fowler - 2019 - Law and Philosophy 38 (1):29-52.
    This article considers the justification of laws to religious citizens. It does via a consideration of the debate surround the teaching of Intelligent Design. It argues that one widely held view of political morality, public reason liberalism, requires that schools should allow teaching ID. This is contrary to the views of many defenders of this theory. I show that this argument reveals a deep problem with public reason liberalism, and that it undermines the judgement of the court in the high (...)
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  3.  9
    The Nature of Retributive Justice and Its Demands on the State.Richard L. Lippke - 2019 - Law and Philosophy 38 (1):53-77.
    The enterprise of state punishment requires the use of limited resources for which there are other competitors, such as national defense, market regulation, and social welfare. How resource-demanding retributive justice will turn out to be depends on how retributivists answer a series of questions concerning the theory’s structure. After elaborating these questions and the varieties of retributive justice that answers to them might generate, I consider the resource demands of retributive justice in the context of competing theories of distributive justice. (...)
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  4.  13
    ‘Won’T Somebody Please Think of the Children?’ Hate Speech, Harm, and Childhood.Robert Mark Simpson - 2019 - Law and Philosophy 38 (1):79-108.
    Some authors claim that hate speech plays a key role in perpetuating unjust social hierarchy. One prima facie plausible hypothesis about how this occurs is that hate speech has a pernicious influence on the attitudes of children. Here I argue that this hypothesis has an important part to play in the formulation of an especially robust case for general legal prohibitions on hate speech. If our account of the mechanism via which hate speech effects its harms is built around claims (...)
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