Results for 'conditions of legal regularity'

1000+ found
Order:
  1.  53
    The regular practice of morality in law.Michael Giudice - 2008 - Ratio Juris 21 (1):94-106.
    This article examines the possibility of moral considerations and arguments serving as validity conditions of law in legal positivist theory. I argue that, despite recent attempts, this possibility has yet to be established. My argument turns on a defense of Joseph Raz's Sources Thesis, yet I do not adopt his famous “argument from authority.” Rather, I offer a renewed defense of the distinction between creation and application of law and argue that moral considerations and arguments, whether recognized in (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  2.  29
    Taking it outside: A study of legal contexts and external whistleblowing in China and India.Sebastian Oelrich & Kimberly Erlebach - 2021 - Asian Journal of Business Ethics 10 (1):129-151.
    Whistleblowing is regularly identified as corporate control mechanism to prevent and uncover fraud. We review and compare the legal situation for whistleblowers in the People’s Republic of China and India. In a survey of 942 employees from private companies in both countries, we take a look at the status quo of whistleblowing system implementation, explore preference of channels to disclose fraud or corruption, and analyze under which conditions and what kind of employees prefer external over internal whistleblowing. We (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  3.  18
    A Legal Conventionalist Approach to Pollution.Carmen E. Pavel - 2016 - Law and Philosophy 35 (4):337-363.
    There are no moral entitlements with respect to pollution prior to legal conventions that establish them, or so I will argue. While some moral entitlements precede legal conventions, pollution is part of a category of harms against interests that stands apart in this regard. More specifically, pollution is a problematic type of harm that creates liability only under certain conditions. Human interactions lead to harm and to the invasion of others’ space regularly, and therefore we need an (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  4.  16
    System and flexibility in law.Katharina Sobota - 1991 - Argumentation 5 (3):275-282.
    Usually, rhetoric is supposed to provide a model of law which describes legal interactions as volitive, arbitrary, and void of any system. However, the Mainz School, founded by Theodor Viehweg, proves the contrary: without referring to any metaphysics, such as consensus or auditoire universel, it seeks to discover the systematic character and the more or less flexible structures of legal rhetoric.
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  5.  9
    Understanding the gaps between the bilateral regularization of migration and workers’ rights: The case of agricultural migrant workers in Thailand.Sudarat Musikawong - 2022 - Theoretical Inquiries in Law 23 (2):289-325.
    ASEAN agricultural workers represent one of the most vulnerable groups of workers regardless of citizenship. While bilateral agreements focus on general migration governance mechanisms, the specifics of agricultural workers’ rights and protections fall outside their scope. Due to the seasonal nature of cross-border agriculture, these are flexible precarious workers readily available to employers in the borderlands that often do not invest in worker health and social security. The Article reveals how foreign migrant agricultural workers with and without work permits continue (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  6.  20
    Conceptions of Caliphate in Contemporary Islamic Thought: Muhammad Hamīdullah and High Caliphate Council.Abdulkadir Maci̇t - 2018 - Cumhuriyet İlahiyat Dergisi 22 (2):833-858.
    After the death of Prophet Muhammad (p.b.u.h), one of the most significant debated topics of Muslims was the institution of caliphate. This institution caused crucial argumentations through the ages from Abu Bakr to Abd-al-Majid who was the hundreth khalifa. Some prominent issues in that regard as follows: How khalifa comes to power, who becomes khalifa, whether he is descended from Quraysh or not, which kind of traits khalifa should have, and how khalifa should behave in certain circumstances. While these arguments (...)
    No categories
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  7.  7
    Improvement of legal normalization of church-state relations in Ukraine - an important condition of the implementation of freedom of conscience and religion by believers.N. Kulish - 2014 - Ukrainian Religious Studies 69:4-13.
    The article of N. Kulish "Improvement of legal normalization of church-state relations in Ukraine - an important condition of the implementation of freedom of conscience and religion by believers" analyzes the impact of legal normalization of issues of the religious education on modern believer.
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  8.  6
    Conditionals and Legal Reasoning. Elements of a Logic of Law.Shahid Rahman & Bernadette Dango - unknown
    The main aim of this paper is to study the notion of conditional right by means of constructive type theory (CTT) which provides the means to develop a system of contentual inferences rather than of syntactic derivations. Moreover, in line with Armgardt, we will first study the general notion of dependence as triggered by hypotheticals and then the logical structure of dependence specific to conditional right. I will develop this idea in a dialogical framework where the distinction between play-object and (...)
    No categories
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  9. W poszukiwaniu ontologicznych podstaw prawa. Arthura Kaufmanna teoria sprawiedliwości [In Search for Ontological Foundations of Law: Arthur Kaufmann’s Theory of Justice].Marek Piechowiak - 1992 - Instytut Nauk Prawnych PAN.
    Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  10. Institutional conditions of contemporary legal thought.Paulo Barrozo - 2017 - In Justin Desautels-Stein & Christopher Tomlins (eds.), Searching for Contemporary Legal Thought. Cambridge, United Kingdom: Cambridge University Press.
     
    Export citation  
     
    Bookmark  
  11. Whither Justice: The Common Problematic of Five Models of 'Access to Justice'.William Conklin - 2001 - Windsor Yearbook of Access to Justice 19:297-316.
    This article surveys five approaches to justice in contemporary Anglo-American legal thought: pure proceduralism, the sources thesis, the semiotic model, the social convention model, and the ‘law and...’ model. Each approach has associated justice with the foundation of the legal structure of rules, principles and the like. The foundation for pure proceduralism has rested in the conditions (such as majority will, freedom of expression, and political equality), external to the pure process. For the sources thesis, the foundation (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  12.  14
    Pandemics and intergenerational justice. Vaccination and the wellbeing of future societies. FRFG policy paper.Jörg Tremmel - 2022 - Intergenerational Justice Review 7 (1).
    While the unprecedented lockdown measures were at the heart of the debate in the first year of the pandemic, the focus since then has shifted to vaccination issues. The reason, of course, is that vaccines and vaccinations have become available by now. All experts agree: If mankind had failed to develop vaccines against SARS-CoV-2, the death toll would have been much higher. This issue seeks to explore what could be described as a “generational approach to vaccinations”. The question “What can (...)
    Direct download (9 more)  
     
    Export citation  
     
    Bookmark  
  13.  14
    Conditions of Validity and Cognition in Modern Legal Thought.Neil Maccormick, Stavros Panou & Luigi Lombardi Vallauri - 1985 - Franz Steiner Verlag Wiesbaden.
    Papers presented at the IVR 11th World Congress, Helsinki, 1983.
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark  
  14.  10
    The Issue of the Unchangeability of Sunnatullah.Yaşar Ünal - 2023 - Kader 21 (2):763-794.
    From the earliest moments in human history, the relationship between God, the universe, and humanity has been a subject of discussion, not only among followers of divine religions but also among representatives of positive sciences. Various theories have been put forth, and numerous evaluations have been made regarding the details of this relationship. The discussions around this topic continue to be relevant today From the perspective of divine religions, one of the most notable and fundamental aspects of the Quran-centered revelation (...)
    No categories
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  15.  38
    Quasivarieties of logic, regularity conditions and parameterized algebraization.G. D. Barbour & J. G. Raftery - 2003 - Studia Logica 74 (1-2):99 - 152.
    Relatively congruence regular quasivarieties and quasivarieties of logic have noticeable similarities. The paper provides a unifying framework for them which extends the Blok-Pigozzi theory of elementarily algebraizable (and protoalgebraic) deductive systems. In this extension there are two parameters: a set of terms and a variable. When the former is empty or consists of theorems, the Blok-Pigozzi theory is recovered, and the variable is redundant. On the other hand, a class of membership logics is obtained when the variable is the only (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  16.  14
    Quasivarieties of Logic, Regularity Conditions and Parameterized Algebraization.G. Barbour & J. Raftery - 2003 - Studia Logica 74 (1-2):99-152.
    Relatively congruence regular quasivarieties and quasivarieties of logic have noticeable similarities. The paper provides a unifying framework for them which extends the Blok-Pigozzi theory of elementarily algebraizable (and protoalgebraic) deductive systems. In this extension there are two parameters: a set of terms and a variable. When the former is empty or consists of theorems, the Blok-Pigozzi theory is recovered, and the variable is redundant. On the other hand, a class of ‘membership logics’ is obtained when the variable is the only (...)
    Direct download  
     
    Export citation  
     
    Bookmark   4 citations  
  17.  22
    Refusing care as a legal pathway to medical assistance in dying.Jocelyn Downie & Matthew J. Bowes - unknown
    Can a competent individual refuse care in order to make their natural death reasonably foreseeable in order to qualify for medical assistance in dying (MAiD)? Consider a competent patient with left-side paralysis following a right brain stroke who is not expected to die for many years; normally his cause of death would not be predictable. However, he refuses regular turning, so his physician can predict that pressure ulcers will develop, leading to infection for which he will refuse treatment and consequently (...)
    No categories
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  18.  52
    A New Minimality Condition for Boolean Accounts of Causal Regularities.Jiji Zhang & Kun Zhang - forthcoming - Erkenntnis:1-20.
    The account of causal regularities in the influential INUS theory of causation has been refined in the recent developments of the regularity approach to causation and of the Boolean methods for inference of deterministic causal structures. A key element in the refinement is to strengthen the minimality or non-redundancy condition in the original INUS account. In this paper, we argue that the Boolean framework warrants a further strengthening of the minimality condition. We motivate our stronger condition by showing, first, (...)
    No categories
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  19.  62
    Fundamentals of Legal Argumentation: A Survey of Theories on the Justification of Judicial Decisions.Eveline T. Feteris - 2017 - Dordrecht, Netherland: Springer Verlag.
    Aulis Aarnio addresses the question of how legal interpretations should be justified. Aarnio considers a justification to be rational only if the justification process has been conducted in a rational way, and if the final result of this process is acceptable to the legal community. According to Aarnio, a theory concerning the justification of legal interpretations should contain a procedural component specifying the conditions of rationality for legal discussions, and a substantial component specifying the material (...)
    No categories
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   26 citations  
  20. Kant on the Moral Condition of Law: Between Natural Law and Legal Positivism.Sven Arntzen - 2008 - In Valerio Hrsg V. Rohden, Ricardo Terra & Guido Almeida (eds.), Recht Und Frieden in der Philosophie Kants. pp. 1--195.
     
    Export citation  
     
    Bookmark  
  21. Theorizing justice under conditions of global legal pluralism.Víctor M. Muñiz-Fraticelli - 2020 - In Paul Schiff Berman (ed.), The Oxford handbook of global legal pluralism. New York, NY: Oxford University Press.
     
    Export citation  
     
    Bookmark  
  22.  5
    Conditionals and Legal Reasoning.Shahid Rahman & Adjoua Bernadette Dango - 2017 - Nunya. Philosophie, Patrimoine Scientifique Et Technique 5.
    The main aim of this paper is to study the notion of conditional right by means of a dialogical approach to constructive type theory (CTT). We will develop this idea in a framework where the distinction between local-reason and strategic-reason leads to the further distinction between two basic kinds of pieces of evidence, factual and logical. The present paper is based on Rahman (2015). However, though the underlying CTT-analysis is the same, the dialogical reconstruction makes use of a new way (...)
    No categories
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  23. On the possibility of stable regularities without fundamental laws.Aldo Filomeno - 2014 - Dissertation, Autonomous University of Barcelona
    This doctoral dissertation investigates the notion of physical necessity. Specifically, it studies whether it is possible to account for non-accidental regularities without the standard assumption of a pre-existent set of governing laws. Thus, it takes side with the so called deflationist accounts of laws of nature, like the humean or the antirealist. The specific aim is to complement such accounts by providing a missing explanation of the appearance of physical necessity. In order to provide an explanation, I recur to fields (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   7 citations  
  24.  18
    Chain conditions of products, and weakly compact cardinals.Assaf Rinot - 2014 - Bulletin of Symbolic Logic 20 (3):293-314,.
    The history of productivity of the κ-chain condition in partial orders, topological spaces, or Boolean algebras is surveyed, and its connection to the set-theoretic notion of a weakly compact cardinal is highlighted. Then, it is proved that for every regular cardinal κ > א1, the principle □ is equivalent to the existence of a certain strong coloring c : [κ]2 → κ for which the family of fibers T is a nonspecial κ-Aronszajn tree. The theorem follows from an analysis of (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   14 citations  
  25. The Cement of the Universe: A Study of Causation.John Leslie Mackie - 1974 - Clarendon Press.
    In this book, J. L. Mackie makes a careful study of several philosophical issues involved in his account of causation. Mackie follows Hume's distinction between causation as a concept and causation as it is ‘in the objects’ and attempts to provide an account of both aspects. Mackie examines the treatment of causation by philosophers such as Hume, Kant, Mill, Russell, Ducasse, Kneale, Hart and Honore, and von Wright. Mackie's own account involves an analysis of causal statements in terms of counterfactual (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   68 citations  
  26.  9
    Kant on the Moral Condition of Law: Between Natural Law and Legal Positivism.Margit Ruffing, Guido A. De Almeida, Ricardo R. Terra & Valerio Rohden - 2008 - In Margit Ruffing, Guido A. De Almeida, Ricardo R. Terra & Valerio Rohden (eds.), Law and Peace in Kant's Philosophy/Recht und Frieden in der Philosophie Kants: Proceedings of the 10th International Kant Congress/Akten des X. Internationalen Kant-Kongresses. Walter de Gruyter.
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark  
  27.  34
    Human germline editing in the era of CRISPR-Cas: risk and uncertainty, inter-generational responsibility, therapeutic legitimacy.Sebastian Schleidgen, Hans-Georg Dederer, Susan Sgodda, Stefan Cravcisin, Luca Lüneburg, Tobias Cantz & Thomas Heinemann - 2020 - BMC Medical Ethics 21 (1):1-12.
    BackgroundClustered Regularly Interspaced Short Palindromic Repeats-associated technology may allow for efficient and highly targeted gene editing in single-cell embryos. This possibility brings human germline editing into the focus of ethical and legal debates again.Main bodyAgainst this background, we explore essential ethical and legal questions of interventions into the human germline by means of CRISPR-Cas: How should issues of risk and uncertainty be handled? What responsibilities arise regarding future generations? Under which conditions can germline editing measures be therapeutically (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  28.  5
    Realms of legal interpretation: core elements and critical variations.Kent Greenawalt - 2018 - New York, NY: Oxford University Press.
    "In Realms of Legal Interpretation, Kent Greenawalt focuses on how courts decide what is legally forbidden or authorized, and how context shapes their decisions. The problem, he argues, is that we do not, and never have, agreed on all the details of the standards United States judges should employ - like everyone else, judges have different ideas of what constitutes good common sense. Moreover, circumstance regularly throws up hurdles... Different judges react in different ways. Acknowledging that courts will never (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  29.  20
    Comments on Soames' Understanding Truth.Jamie Tappenden - 2002 - Philosophy and Phenomenological Research 65 (2):418-421.
    I’ll use an extension of the “smidget” example Soames sets out on pages 165-172 to bring out the point. Groups A and B are disjoint and satisfy certain regularity conditions. Recall that the extension and anti-extension are specified by a pair of sufficient conditions. We specify: every member of group A is a smidget and every member of group B is not a smidget. No decision is made about persons that are outside groups A and B. It (...)
    No categories
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  30.  23
    Surrogate decision making in crisis.Dominic Wilkinson & Thillagavathie Pillay - forthcoming - Journal of Medical Ethics.
    Care of the critically ill newborn includes support for the birth mother/parents with regular updates around the clinical condition of the baby, and involvement in discussions around complex decision-making issues. Discussions around continuation or discontinuation of life-sustaining are challenging even in the most straightforward of cases, but what happens when the birth mother is critically unwell? Such cases can lead to uncertainty around who should assume the parental role for these difficult discussions. In this round table discussion, we explore the (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   5 citations  
  31.  24
    Climate justice without freedom: Assessing legal and political responses to climate change and forced migration.Tracey Skillington - 2015 - European Journal of Social Theory 18 (3):288-307.
    Storm surges, flooding, heatwaves, and prolonged drought, as ever more regular features of life under deteriorating climate conditions, are unmistakably violent. Their effects on the lives of vulnerable human populations and ecosystems across the world are widely known to be devastating. Yet a legal order that denies the victims of such ecological persecution safe haven, no matter how great its use of force (e.g., detention, arrest, forced return) cannot, by definition, be violent. The power of law, used to (...)
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark  
  32.  11
    Comments on Soames' Understanding Truth.Jamie Tappenden - 2002 - Philosophy and Phenomenological Research 65 (2):418-421.
    I’ll use an extension of the “smidget” example Soames sets out on pages 165-172 to bring out the point. Groups A and B are disjoint and satisfy certain regularity conditions. Recall that the extension and anti-extension are specified by a pair of sufficient conditions. We specify: every member of group A is a smidget and every member of group B is not a smidget. No decision is made about persons that are outside groups A and B. It (...)
    No categories
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  33.  12
    The Human Subjects Trade: Ethical and Legal Issues Surrounding Recruitment Incentives.Trudo Lemmens & Paul B. Miller - 2003 - Journal of Law, Medicine and Ethics 31 (3):398-418.
    Over the past 5 years, a series of articles in leading American newspapers has revealed the extent to which the conduct of clinical trials may be affected by inducements offered by corporate research sponsors and accepted by some unscrupulous physicians. The cases described were disturbing. They involved physicians engaged in excessive “enrollment activities” in exchange for money. Some of these physicians perpetrated fraud, falsifying their recruitment records in order to increase their profits. Others ignored exclusion criteria designed to ensure the (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   7 citations  
  34.  76
    Royal Dutch Shell in Nigeria: Where Do Responsibilities End?Esther Hennchen - 2015 - Journal of Business Ethics 129 (1):1-25.
    This case study discusses the scope of responsibilities and the basis of legitimacy of multinational corporations in a complex operating environment. In January 2013 a precedent was set when Shell was held liable in The Hague for oil pollution in the Niger Delta. The landmark ruling climaxed the ongoing dispute over the scope of Shell’s responsibilities for both the company’s positive and negative impact. Shell’s was considered a forerunner in corporate social responsibility and had even assumed public responsibilities in a (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   6 citations  
  35.  57
    The sensitivity of legal proof.Guido Melchior - 2024 - Synthese 203 (5):1-23.
    The proof paradox results from conflicting intuitions concerning different types of fallible evidence in a court of law. We accept fallible individual evidence but reject fallible statistical evidence even when the conditional probability that the defendant is guilty given the evidence is the same, a seeming inconsistency. This paper defends a solution to the proof paradox, building on a sensitivity account of checking and settling a question. The proposed sensitivity account of legal proof not only requires sensitivity simpliciter but (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  36.  17
    The Human Subjects Trade: Ethical and Legal Issues Surrounding Recruitment Incentives.Trudo Lemmens & Paul B. Miller - 2003 - Journal of Law, Medicine and Ethics 31 (3):398-418.
    Over the past 5 years, a series of articles in leading American newspapers has revealed the extent to which the conduct of clinical trials may be affected by inducements offered by corporate research sponsors and accepted by some unscrupulous physicians. The cases described were disturbing. They involved physicians engaged in excessive “enrollment activities” in exchange for money. Some of these physicians perpetrated fraud, falsifying their recruitment records in order to increase their profits. Others ignored exclusion criteria designed to ensure the (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  37. The pragmatics of legal language.Andrei Marmor - 2008 - Ratio Juris 21 (4):423-452.
    The purpose of this essay is to explore some of the main pragmatic aspects of communication within the legal context. It will be argued that in some crucial respects, the pragmatics of legal language is unique, involving considerations that are not typically present in ordinary conversational contexts. In particular, certain normative considerations that are typically settled in a regular conversational context are unresolved and potentially contentious in the legal case. On the other hand, the essay also argues (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   25 citations  
  38.  23
    Gender-Based Violence Without a Legal Gender: Imagining Single-Sex Services in Conditions of Decertification.Flora Renz - 2023 - Feminist Legal Studies 31 (1):43-66.
    This article considers what the implications of decertification would be for single-sex services such as domestic and sexual violence support. Some reform options attached to decertification could (re)allocate authority away from the state to organisations or individuals to determine gender criteria. What would the consequences of such re-allocation be in determining eligibility to receive or access services or excluding people on the basis of a characteristic protected under equality law? Engaging with this in the context of domestic and sexual violence (...)
    No categories
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   6 citations  
  39.  14
    The Long Arc of Legality: Hobbes, Kelsen, Hart.David Dyzenhaus - 2021 - Cambridge University Press.
    The Long Arc of Legality breaks the current deadlock in philosophy of law between legal positivism and natural law by showing that any understanding of law as a matter of authority must account for the interaction of enacted law with fundamental principles of legality. This interaction conditions law's content so that officials have the moral resources to answer the legal subject's question, 'But, how can that be law for me?' David Dyzenhaus brings Thomas Hobbes and Hans Kelsen (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  40.  21
    Conditions for Legal Obligation.Derek A. Kelly - 1973 - Southwestern Journal of Philosophy 4 (2):43-56.
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  41.  22
    Ethics briefing.Charlotte Wilson, Veronica English, Julian C. Sheather, Ruth Campbell, Olivia Lines & Sophie Brannan - 2019 - Journal of Medical Ethics 45 (2):147-148.
    The British Medical Association and Royal College of Physicians have published new guidance, endorsed by the General Medical Council, on decision-making about clinically assisted nutrition and hydration and adults who lack capacity to consent. The development of the guidance follows a series of legal cases which has created confusion about the precise circumstances in which an application to the court is required before CANH is withdrawn which has culminated with the decision of the Supreme Court in National Health Service (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  42.  32
    Human Rights Law and the Obligation to Reduce Greenhouse Gas Emissions.Alexander Zahar - 2022 - Human Rights Review 23 (3):385-411.
    Human rights law has been called upon to help with the problem of persistently high greenhouse gas emissions. An obligation on states and other legal entities to lower their emissions (mitigation) is said to be deducible from that body of law. I refute this thesis. First, I consider two practical difficulties—causality and non-triviality—that face a plaintiff who, with emission mitigation as the objective, attempts to prove a human rights violation using the regular pattern of proof for a violation. Proponents (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  43.  38
    Comments on Soames' understanding truth.Jamie Tappenden - 2002 - Philosophy and Phenomenological Research 65 (2):418–421.
    I’ll use an extension of the “smidget” example Soames sets out on pages 165-172 to bring out the point. Groups A and B are disjoint and satisfy certain regularity conditions. Recall that the extension and anti-extension are specified by a pair of sufficient conditions. We specify: every member of group A is a smidget and every member of group B is not a smidget. No decision is made about persons that are outside groups A and B. It (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark  
  44. Debate: Procedure and Outcome in the Justification of Authority.Daniel Viehoff - 2010 - Journal of Political Philosophy 19 (2):248-259.
    Why should one person obey another? Why (to ask the question from the first-person perspective) ought I to submit to another and follow her judgment rather than my own? In modern political thought, which denies that some are born rulers and others are born to be ruled, the most prominent answer has been: “Because I have consented to her authority.” By making authority conditional on the subjects’ consent, political philosophers have sought to reconcile authority’s hierarchical structure with the equal moral (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   11 citations  
  45.  9
    Critique of legal order.Richard Quinney & Randall G. Shelden - 1973 - Boston,: Little, Brown.
    Originally published thirty years ago, Critique of the Legal Order remains highly relevant for the twenty-first century. Here Richard Quinney provides a critical look at the legal order in capitalist society. Using a traditional Marxist perspective, he argues that the legal order is not intended to reduce crime and suffering, but to maintain class differences and a social order that mainly benefits the ruling class. Quinney challenges modern criminologists to examine their own positions. As "ancillary agents of (...)
    Direct download  
     
    Export citation  
     
    Bookmark   2 citations  
  46. The Twilight of Legality.John Gardner - 2019 - Australasian Journal of Legal Philosophy 43 (1):1-16.
    This paper argues that juridification has become the enemy of legality. By 'juridification' is meant the proliferation of legal norms and legally recognized norms. By legality is meant conformity with the ideal of the rule of law. The paper begins with the most obvious ways in which juridification threatens legality. Too much law makes the law on any subject hard to discover, hard to remember, and hard to follow. It also makes us too dependent on the discretion of petty (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  47.  26
    Migration Justice and Legitimacy.Peter W. Higgins - 2022 - Res Publica 28 (3):425-433.
    In order for a state to rightfully exercise self-determination by means of setting policies concerning migrants and migration, they must be legitimate, Gillian Brock argues in _Justice for People on the Move_. Legitimacy, in Brock’s view, requires that states satisfy three (jointly sufficient) conditions: they must respect their own citizens’ human rights; they must be a part of a legitimate state system; and they must adequately contribute to the maintenance of this state system. In her new book, Brock also (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  48. The Moral Conditions of Economic Efficiency.Walter J. Schultz - 2001 - Cambridge University Press.
    In the late eighteenth century, Adam Smith significantly shaped the modern world by claiming that when people individually pursue their own interests, they are together led towards achieving the common good. But can a population of selfish people achieve the economic common good in the absence of moral constraints on their behavior? If not, then what are the moral conditions of market interaction which lead to economically efficient outcomes of trade? Answers to these questions profoundly affect basic concepts and (...)
     
    Export citation  
     
    Bookmark   7 citations  
  49. Defeasibility, contributory conditionals, and refinement of legal systems.Juliano S. A. Maranhão - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.
  50.  3
    Розвиток культурної і спортивної діяльності у сільській місцевості.Lina Jaruševičienе - 2019 - Гуманітарний Вісник Запорізької Державної Інженерної Академії 77:123-132.
    In large and small villages, regardless of tourist attraction, cultural life is faded; people's initiative is low as urban migration is extremely high. Many ethnographic villagers do not realize that they live in a significant for the state areas. The younger generation is embarrassed by local traditions, folklore. The low level of aesthetic education, and the poor possibilities of organizing artistic celebrations for the younger generation make them the users of the lowest level of urban culture. The relevance of the (...)
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
1 — 50 / 1000