Results for 'Equality before the law'

999 found
Order:
  1.  69
    Equality Before the Law and Precedent.Alfonso Ruiz Miguel - 1997 - Ratio Juris 10 (4):372-391.
  2. Concept, Principle, and Norm—Equality Before the Law Reconsidered.Frej Klem Thomsen - 2018 - Legal Theory 24 (2):103-134.
    Despite the attention equality before the law has received, both laudatory and critical, peculiarly little has been done to precisely define it. The first ambition of this paper is to remedy this, by exploring the various ways in which a principle of equality before the law can be understood and suggest a concise definition. With a clearer understanding of the principle in hand we are better equipped to assess traditional critique of the principle. Doing so is (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  3.  12
    The White Mob, (In) Equality Before the Law, and Racial Common Sense: A Critical Race Reading of the Negro Question in “Reflections on Little Rock”.Ainsley LeSure - 2021 - Political Theory 49 (1):3-27.
    This article argues that Hannah Arendt’s controversial essay “Reflections on Little Rock,” when situated within her analysis of Jewish assimilation, has an astute insight: racial integration and the decrease of the racial gaps in material inequality, without taking seriously the political project of building a world in common, only intensify racism in racist polities. This occurs because attempts to extend formal equality to the racially dominated give rise to the rule of racial common sense, a result of a clash (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  4. The Utilitarian Theory of Equality Before the Law.William E. Conklin - 1976 - Ottawa Law Review 8 (3):485-517.
    This Article argues that a particular political theory underlies the judicial interpretation of ‘equality before the law’. The Canadian Courts at the date of writing have elaborated two tests for the signification of ‘equality before the law’. The Article traces the two tests to the utilitarian political theory outlined by John Stuart Mill. The one test sets out the ‘greatest happiness of the greatest number’ or ‘social interests’ as the criterion for adjudicating equality. The second (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  5. The Irrelevance of Equality Before the Law.Fred Feldman - manuscript
    Political activists drive around with bumper stickers proclaiming their commitment to equality. Perhaps the bumper sticker loudly asserts “=!” Oppressed people lament their lack of equality. Political philosophers contemplate equality and try to formulate general principles about it. In recent days, some advocates of marriage rights for same-sex couples argued for their view by claiming it’s just a matter of equality. Indeed, one of their advocacy websites uses the name ‘Equality’.1 They want equal rights. Everyone (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  6. Two Conceptions of Equality Before the (Criminal) Law.Malcolm Thorburn - 2012 - In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing.
  7. Equal Before the Law: On the Machinery of Sameness in Forensic DNA Practice.Wiebe de Vries, Rob Hagendijk & Amade M’Charek - 2013 - Science, Technology, and Human Values 38 (4):542-565.
    The social and legal implications of forensic DNA are paramount. For this reason, forensic DNA enjoys ample attention from legal, bioethics, and science and technology studies scholars. This article contributes to the scholarship by focusing on the neglected issue of sameness. We investigate a forensic courtroom case which started in the early ’90s and focus on three modes of making similarities: creating equality before the law, making identity, and establishing standards. We argue that equality before the (...)
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark   1 citation  
  8.  26
    Before the Law: Humans and Other Animals in a Biopolitical Frame.Cary Wolfe - 2013 - University of Chicago Press.
    Bringing these two emergent areas of thought into direct conversation in Before the Law, Cary Wolfe fosters a new discussion about the status of nonhuman animals and the shared plight of humans and animals under biopolitics.
    Direct download  
     
    Export citation  
     
    Bookmark   11 citations  
  9. Before the Law.Mark Eli Kalderon - 2011 - Philosophical Issues 21 (1):219-244.
    Before the law sits a gatekeeper. To this gatekeeper comes a man from the country who asks to gain entry into the law. But the gatekeeper says that he cannot grant him entry at the moment. The man thinks about it and then asks if he will be allowed to come in sometime later on. “It is possible,” says the gatekeeper, “but not now.”—Franz Kafka..
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   21 citations  
  10.  20
    Philosophy Before the Law: Averroës's "Decisive Treatise".Daniel Heller-Roazen - 2006 - Critical Inquiry 32 (3):412-442.
  11.  3
    Philosophy Before the Law: Averroës's "Decisive Treatise".Daniel Heller-Roazen - 2006 - Critical Inquiry 32 (3):412.
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  12.  17
    Equality and Legitimacy.Wojciech Sadurski - 2008 - Oxford University Press.
    This book examines the relationship between the idea of legitimacy of law in a democratic system and equality, conceived in a tripartite sense: political, legal, and social. Exploring the constituent elements of the legal philosophy underlying concepts of legitimacy, this book seeks to demonstrate how a conception of democratic legitimacy is necessary for understanding and reconciling equality and political legitimacy by tracing and examining the conceptions of equality in political, legal, and social dimensions. -/- In the sphere (...)
    Direct download  
     
    Export citation  
     
    Bookmark   2 citations  
  13. Before the Law: Humans and Other Animals in a Biopolitical Frame.Cary Wolfe - 2012 - University of Chicago Press.
    Animal studies and biopolitics are two of the most dynamic areas of interdisciplinary scholarship, but until now, they have had little to say to each other. Bringing these two emergent areas of thought into direct conversation in _Before the Law_, Cary Wolfe fosters a new discussion about the status of nonhuman animals and the shared plight of humans and animals under biopolitics. Wolfe argues that the human­­­-animal distinction must be supplemented with the central distinction of biopolitics: the difference between those (...)
     
    Export citation  
     
    Bookmark   7 citations  
  14.  26
    Equality and Equity.D. Daiches Raphael - 1946 - Philosophy 21 (79):118 - 132.
    In some sense every man has a moral right, or more properly a moral claim, to equality with other men. In what sense will, I hope, become apparent in the course of this paper. That there is such a claim in some sense is clear enough. “Equality before the law,” for example, is something which we all recognize to be right.
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  15.  48
    Equal Before the Law: The Evilness of Human and Divine Lies ‘Abd Al-Gabbar's Rational Ethics.Sophia Vasalou - 2003 - Arabic Sciences and Philosophy 13 (2):243-268.
    This paper sets out to chart the fortunes of one of the most significant moral propositions in Mu'tazilite moral theory — namely, that it is evil to lie, and it is evil irrespective of the consequences of so doing. The reasons which promote this principle to significance relate to the broader context of Mu'tazilite theological orientation, which aims to vindicate God's justice through demonstrating that moral value does not derive from revelation. Yet this principle suffers the difficulties which commonly afflict (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  16. Before the Law: Reflections on Textual Reasoning.Elliot Wolfson - 2002 - Journal of Textual Reasoning 1 (1).
    No categories
     
    Export citation  
     
    Bookmark  
  17. ""Women" Before" the Law: Judicial Stories About Women, Work, and Sex Segregation on the Job.Vicki Schultz - 1992 - In Judith Butler & Joan Wallach Scott (eds.), Feminists Theorize the Political. Routledge. pp. 297--338.
     
    Export citation  
     
    Bookmark   1 citation  
  18. Equality.David Johnston (ed.) - 2000 - Hackett Publishing Company.
    Organized around such themes as equality before the law, equality of opportunity, and equality of result, the selections included in this anthology range from Plato to the present, treating a topic of fundamental importance to political theory.
    No categories
     
    Export citation  
     
    Bookmark   1 citation  
  19.  11
    Liberty, Equality, Honor.William Kristol - 1984 - Social Philosophy and Policy 2 (1):125.
    As today's battles rage between those who march under the banner of liberty and those who unfurl the flag of equality, even an engaged partisan might be forgiven for occasionally wondering whether the game is, after all, worth the candle. For one thing, neither party simply rejects the other's principle – properly understood. Egalitarians routinely emphasize that their concern for equality is, also, a concern for true liberty; thus Michael Walzer, writing “In Defense of Equality,” finds it (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark  
  20.  48
    ISPs & Rowdy Web Sites Before the Law: Should We Change Today’s Safe Harbour Clauses?Ugo Pagallo - 2011 - Philosophy and Technology 24 (4):419-436.
    The paper examines today’s debate on the new responsibilities of Internet service providers in connection with legal problems concerning jurisdiction, data processing, people’s privacy and education. The focus is foremost on the default rules and safe harbour clauses for ISPs liability, set up by the US and European legal systems. This framework is deepened in light of the different functions of the services provided on the Internet so as to highlight multiple levels of control over information and, correspondingly, different types (...)
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  21.  17
    An Argument Against Arguments for Enhancement: The Treatment-Enhancement Distinction is Difficult to Make, and Defenders of Enhancement Often Base Their Case on That. Critics of Enhancement, However, Often Have Prototypical Cases of Enhancement-Oriented Interventions in Mind, and the Ethics of These Can Be Evaluated on a Case by Case Basis. Things Like Intelligence Enhancement May Have Adverse Effects on Equality and Utility. If the Equality and Utility Effects of Such Enhancements Were Sufficiently Severe, Then Restrictions Would Be Called For. We Need to Think More About How to Make Tradeoffs Between Liberty, Equality, and Utility—and We Need to Know More About the Extent to Which Each of These is at Stake—Before Reaching Conclusions About the Ethics of, and Appropriate Social Policy Regarding, Human Enhancement. [REVIEW]Michael Selgelid - 2007 - Law and Ethics of Human Rights 1 (1).
    Direct download  
     
    Export citation  
     
    Bookmark   2 citations  
  22.  46
    The Concept of Equality in Aristotle's Moral and Political Philosophy.Charilaos Platanakis - 2006 - Dissertation, Cambridge
    Many scholars have suggested that Aristotle’s famous aphorism ‘treat equals equally, unequals unequally’ is a formal, and thus impractical, theory of equality. This dissertation aims to criticise the popular view that Aristotle’s theory of equality is purely formal and to develop and defend an interpretation which will pay attention to the substantive elements. The first chapter argues that Aristotle provides us with a spectrum from formal to substantive equality. At the formal end, we have the abstract principles (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  23.  17
    Wolfe, Cary. Before the Law: Humans and Other Animals in a Biopolitical Frame. Chicago and London: University of Chicago Press, 2013. 143pp. [REVIEW]K. Sugiyama - 2015 - Substance 44 (2):176-180.
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  24.  7
    The Obligation of a Judge to Apply the Law in a Functioning Democracy.Margaret Beazley - 2016 - The Australasian Catholic Record 93 (1):3.
    Beazley, Margaret Australia rightfully places itself amongst democratic countries governed by the rule of law. It is a tradition in which I hold a firm belief. An essential aspect of the rule of law is its non-arbitrary application, and its guarantee of equality before the law. When describing the rule of law, A. V. Dicey stated that the rule of law meant: the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power, and (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  25.  33
    Tableau Before the Law: Albert Camus' The Fall After Deconstruction.Caroline Sheaffer-Jones - 2013 - Derrida Today 6 (1):115-134.
    At the beginning of Derrida's ‘Before the Law’, a reading of Kafka's story with that title, is an epigraph from Montaigne's Essays: ‘… science does likewise (and even our law, it is said, has legitimate fictions on which it bases the truth of its justice)…’. Derrida again refers to this quotation in ‘Force of Law’, asking what a ‘legitimate fiction’ might be and what it would mean to establish the basis for the truth of justice. With reference to these (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  26.  74
    The Law’s ‘Majestic Equality’.Andrew Sepielli - 2013 - Law and Philosophy 32 (6):673-700.
    Anatole France’s The Red Lily is best known for this ironic aphorism: ‘The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.’ The laws mentioned in this aphorism are open to two criticisms. The first criticism is that they forbid conduct that oughtn’t to be forbidden. The second criticism is that they unfairly place greater burdens of compliance on some than on others. (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  27.  20
    Before the Law.Russell A. Berman - 2012 - Telos: Critical Theory of the Contemporary 2012 (160):3-7.
    ExcerptAll rational liberal philosophic positions have lost their significance and power. One may deplore this but I for one cannot bring myself to clinging to philosophic positions which have been shown to be inadequate. Leo Strauss, “Existentialism”1The Supreme Court decision on the Patient Protection and Affordable Care Act, the Obama administration's signature legislation on health care, attracted exceptional public attention, and rightly so. Health is a vital concern, and the topic is charged with acerbic party politics. More importantly, the terms (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  28.  1
    Before the Law. Beyond Subjectivity and Objectivity.Luc Anckaert - 1999 - Europa Forum Philosophie 14:55-59.
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark  
  29.  1
    Before the Law.R. A. Berman - 2012 - Télos 2012 (160):3-7.
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  30.  18
    Sade Before the Law: Vilmer, Jean-Baptiste Jeangene. Sade Moraliste. Le Devoilement de la Pensee Sadienne a la Lumiere de la Reforme Penale au XVIIIe Siecle. Preface by Maurice Lever. Geneva: Droz, 2005. Ost, Francois. Sade Et la Loi. Paris: Odile Jacob, 2005.Roxanne Lapidus & Eric Mechoulan - 2006 - Substance 35 (1):146-150.
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  31.  22
    Sade Before the Law: Vilmer, Jean-Baptiste Jeangene. Sade Moraliste. Le Devoilement de la Pensee Sadienne a la Lumiere de la Reforme Penale au XVIIIe Siecle. Preface by Maurice Lever. Geneva: Droz, 2005. Ost, Francois. Sade Et la Loi. Paris: Odile Jacob, 2005. [REVIEW]Eric Méchoulan - 2006 - Substance 35 (1):146-150.
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  32.  2
    Art Before the Law: Aesthetics and Ethics.Ruth Ronen - 2014 - University of Toronto Press.
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark  
  33.  15
    Before the Law: The complete text of Préjugés.Stuart Sim - 2020 - Contemporary Political Theory 19 (2):145-148.
    Direct download (2 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  34.  10
    Before the Law of Spectrality: Derrida on the Prague Imprisonment.Tyson Stewart - 2018 - Empedocles European Journal for the Philosophy of Communication 9 (1):57-74.
    No categories
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  35.  1
    Importance Of The Law Of Compatibility (Kufu) In Islamic Marriage.Ubaid Ahmad Khan & Hafiz Naqib Ullah - 2014 - Pakistan Journal of Gender Studies 8 (1):231-236.
    This article has two parts, first part of the article deals with the importance of marriage in Islam in the light of Quran and Hadith. This part of article also elaborates the social importance of marriage for Muslim man and woman. The second part of this article deals with the law of compatibility, its importance and the role it plays in the success of marriage. The law of compatibility emphasizes that before arranging marriage of girl compatibility between the boy (...)
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark  
  36.  29
    Dynamic Resemblance: Hegel's Early Theory of Ethical Equality.Martin Gammon - 1996 - Review of Metaphysics 50 (2):315 - 349.
    Hegel's reflections depend on the unique semantic richness of the German term Gleichheit, which has a wider range of application than the English term "equality." While Gleichheit can certainly mean equality or "parity" in the sense of sharing the same set of rights or status as another, it can also mean "to resemble" or "to be like" something in a certain respect. For Hegel, however, resemblance is not merely a relation between shared external properties, but rather two things (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  37.  19
    Democracy and Equity: The Idea of the Just State (Rechtsstaat) Before and After 1994.Danie Strauss - 2012 - South African Journal of Philosophy 31 (2):405-418.
    The recent publication of a special number of the SAJP dedicated to a discussion of Samantha Vice’s thoughts on being a white South African prompted this reflection on justice, equity and the modern idea of the state – against the background of moral feelings of guilt and shame, cultural diversity and merging identities. Its aim is to provide a perspective on the unity of the public legal order of the state, the distinct meaning of citizenship and affirmative action in terms (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  38.  22
    The Global Promotion of Gender Equality—A Propaganda Approach.Mark DaCosta Alleyne - 2004 - Human Rights Review 5 (3):103-116.
    This paper proposes a new way of measuring progress in international politics, an approach that focuses on the symbolic and ideological work of international organizations. Although such a strategy is not entirely new to the study of International Relations, it has not been a common, accessible way of assessing how well international organizations work to effect change. The more famous methods have been legalistic—investigations of how international organizations have created new international law in the issue-areas under investigation1—and bureaucratic—studies of how (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  39. Constitutional Justice: A Liberal Theory of the Rule of Law.T. R. S. Allan - 2001 - Oxford University Press UK.
    'The many virtues of Constitutional Justice are evident throughout the piece. The author should be congratulated for even attempting to construct a normative theory of liberal constitutionalism... Constitutional Justice is a work that faithfully carries on the grand tradition of normative legal thought. No small task, and Allan succeeds admirably.' -Law and Politics Book ReviewThis book offers a systematic interpretation of the ideal of the rule of law, arguing that the principles it identifies provide the foundations of a liberal democratic (...)
     
    Export citation  
     
    Bookmark   1 citation  
  40.  18
    After Animality, Before the Law: Interview with Cary Wolfe.Ron Broglio - 2013 - Angelaki 18 (1):181-189.
    This interview discusses Cary Wolfe's book Before the Law with a focus on how animals fit within the framework of biopolitics. Wolfe takes on the distinctions between Foucault's and Agamben's development of biopolitics and finds room within Foucault's conceptualization for rethinking the role of animals within culture and philosophy. Additionally, the interview explores current directions in posthumanism and the Minnesota University Press series oversees as editor.
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  41. Unfair by Design: The War on Drugs, Race, and the Legitimacy of the Criminal Justice System.Lawrence D. Bobo & Victor Thompson - 2006 - Social Research: An International Quarterly 73 (2):445-472.
    Equality before the law is one of the fundamental guarantees citizens expect in a just and fair society. We argue that recent trend toward mass incarceration, which has had vastly disproportionate impact on African Americans, is undermining this claim to fairness and raises a serious legitimacy problem for the legal system as a whole. Using original data from the Race, Crime and Public Opinion study we show that African Americans view the 'War on Drugs" as racially biased in (...)
     
    Export citation  
     
    Bookmark   1 citation  
  42.  3
    The Law Applicable to Governmental Liability for Injuries to Foreign Individuals During World War II: Questions of Private International Law in the Ongoing Legal Proceedings Before Japanese Courts.Paul Volken & Petar Sarcevic - 2009 - In Paul Volken & Petar Sarcevic (eds.), Yearbook of Private International Law: Volume Iii. Sellier de Gruyter.
  43.  79
    Deliberation Before the Revolution.Archon Fung - 2005 - Political Theory 33 (3):397-419.
    Deliberative democracy is a revolutionary political ideal that requires fundamental changes in political institutions, bases of collective decision making, and the distribution of resources. Perhaps because of its revolutionary character accounts of deliberation in political theory thus far have offered little guidance for actors in actually-existing democratic circumstances. This article develops an ethical account of deliberative democratic action under imperfectly just conditions characterized by material and political inequality and failures of reciprocity. Under such conditions, appropriate principles of action can resolve (...)
    Direct download (8 more)  
     
    Export citation  
     
    Bookmark   52 citations  
  44.  8
    `... Equality From The Masculine Point Of View ...': The 2nd Earl Russell and Divorce Law Reform in England.Gail Savage - 1996 - Russell: The Journal of Bertrand Russell Studies 16 (1).
  45. Liberal Neutrality.Robert E. Goodin & Andrew Reeve (eds.) - 1989 - Routledge.
  46. The Creature Before the Law: Notes on Walter Benjamin’s Critique of Violence.Mathew Abbott - 2008 - Colloquy 16:80-95.
    Transforming as it does from an exemplar of meticulous philosophical analysis into an allusive political/messianic tract, Walter Benjamin’s “Critique of Violence” is representative of all that is most difficult about his work. Against those critics who find the eschatological dimensions of Benjamin’s texts unpalatable and/or philosophically bankrupt, 1 however, the wager of this paper is that it is possible to extract a philosophically sophisticated and politically interesting concept of the messianic from Benjamin. For it remains the case that the mortification (...)
     
    Export citation  
     
    Bookmark   1 citation  
  47.  12
    The Law of Illumination Before Bouguer (1729): Statement, Restatements and Demonstration.Piero E. Ariotti & Francis J. Marcolongo - 1976 - Annals of Science 33 (4):331-340.
    Contrary to what has been asserted or implied by Mach and more recent writers, the law of illumination and the study of photometry were not ignored in the years between Kepler's first enunciation of the former in 1609 and Bouguer's Essai on the latter in 1729. The law of illumination was in fact denied in 1613 by Aguilonius. It was probably rediscovered independently and certainly reformulated in more modern terms by Mersenne and Castelli in 1634, and by Boulliau in 1638. (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  48. Language and Disadvantage Before the Law.John Gibbons - 1994 - In Language and the Law. Longman.
  49. Equality, Responsibility, and the Law.Arthur Ripstein - 1998 - Cambridge University Press.
    This book examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice. The central question is: whose bad luck is a particular piece of misfortune? Arthur Ripstein argues that there is a general set of principles to be found that clarifies responsibility in those cases where luck is most obviously an issue: accidents, mistakes, emergencies, and failed attempts at crime. In revealing how the problems that arise in tort and criminal law as well as (...)
     
    Export citation  
     
    Bookmark   3 citations  
  50.  13
    Kafka’s “Before the Law”.Cindy Rand - 2004 - Questions 4:15-15.
    No categories
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
1 — 50 / 999