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  1.  8
    Family Law: Values Beyond Choice and Autonomy?Brian H. Bix - 2021 - Law and Philosophy 40 (2):163-183.
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  2.  14
    The Priority of Liberty: An Argument From Social Equality.Devon Cass - 2021 - Law and Philosophy 40 (2):129-161.
    John Rawls’s thesis that a certain package of basic liberties should be given lexical priority is of great interest for legal and political philosophy, but it has received relatively little defense from Rawls or his supporters. In this paper, I examine three arguments for the thesis: the first is based on the two ‘moral powers’; the second, on the social bases of self-respect; and the third, on a Kantian notion of autonomy. I argue none of these accounts successfully establishes 1) (...)
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  3.  2
    Autonomy for Contract, Refined.Hanoch Dagan & Michael Heller - 2021 - Law and Philosophy 40 (2):213-245.
    In ‘The Choice Theory of Contracts’, we advance a claim about the centrality of autonomy to contract. Since publishing Choice Theory, we have engaged dozens of reviews and responses; here, we reply to Robert Stevens, Arthur Ripstein, and Brian Bix. All this rigorous debate confirms for us one core point: contract’s ultimate value must be autonomy, properly understood and refined. Autonomy is the telos of contract and its grounding principle. In Choice Theory, we stressed the proactive facilitation component of autonomy, (...)
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  4.  6
    Rethinking the Use of Statistical Evidence to Prove Causation in Criminal Cases: A Tale of (Im)Probability and Free Will.Amit Pundik - 2021 - Law and Philosophy 40 (2):97-128.
    Whenever a litigant needs to prove that a certain result was caused in a specific way, what could be more compelling than citing the infinitesimal probability of that result emanating from an alternative natural cause? Contrary to this intuitive position, in the present article, I argue that the contention that a result was due to a certain cause should remain unaffected by statistical evidence of the extremely low probability of an alternative cause. The only scenario in which the low probability (...)
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  5.  14
    The Contracting Theory of Choices.Arthur Ripstein - 2021 - Law and Philosophy 40 (2):185-211.
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  6.  6
    Must Penal Law Be Insulated From Public Influence?Christopher D. Berk - 2021 - Law and Philosophy 40 (1):67-87.
    Punishment and democracy appear to exacerbate each other’s worst features. The institutions and moral intuitions used to punish those that break the law can hollow out civic participation, distort the electorate, and undermine core democratic values. Likewise, many have argued the decentralized character of democracy is a key, albeit indirect, cause of increasingly punitive public policies that are divorced from any reasonable penological purpose. Given the effects of electoral politics, many have called for the separation, or general insulation, of state (...)
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  7.  47
    What Makes Disability Discrimination Wrong?Jeffrey M. Brown - 2021 - Law and Philosophy 40 (1):1-31.
    This paper concerns the question of what makes disability discrimination morally objectionable. When I refer to disability discrimination, I am focusing solely on a failure or denial of reasonable accommodations to a disabled person. I argue a failure to provide reasonable accommodations is wrong when and because it violates principles of relational equality. To do so, I examine four accounts of wrongful discrimination found in the literature and apply these theories to disability discrimination. I argue that all of these accounts (...)
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  8.  13
    A Note on Margaret Gilbert’s Rights and Demands: Discussion of Margaret Gilbert, Rights and Demands: A Foundational Inquiry. Oxford. Oxford University Press., 2017, pp. 400, $57.00.F. M. Kamm - 2021 - Law and Philosophy 40 (1):89-95.
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  9.  8
    Methodologies of Rule of Law Research: Why Legal Philosophy Needs Empirical and Doctrinal Scholarship.Sanne Taekema - 2021 - Law and Philosophy 40 (1):33-66.
    Rule of law is a concept that is regularly debated by legal philosophers, often in connection to discussion of the concept of law. In this article, the focus is not on the substance of the conceptual claims, but on the methodologies employed by legal philosophers, investigating seminal articles on the rule of law by Joseph Raz and Jeremy Waldron. I argue that their philosophical argumentations often crucially depend on empirical or legal doctrinal arguments. However, these arguments remain underdeveloped. I explore (...)
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