This category has changed name
This category needs an editor. We encourage you to help if you are qualified.
Volunteer, or read more about what this involves.
Related

Contents
6345 found
Order:
1 — 50 / 6345
Material to categorize
  1. Book Review: The Rights to Water: The Multi-Level Governance of a Unique Human Rights (2014). [REVIEW]Mohammad Rubaiyat Rahman - 2016 - International Journal of Legal Studies and Research 5 (1):89-92.
  2. By Convention Alone: Assignable Rights, Dischargeable Debts, and the Distinctiveness of the Commercial Sphere.Jed Lewinsohn - 2022 - Ethics 133 (2):231-270.
    This article argues that the dominant “nonconventionalist” theories of promising cannot account for the moral impact of two basic commercial practices: the transfer of contractual rights and the discharge of contractual debt in bankruptcy. In particular, nonconventionalism’s insensitivity to certain features of social context precludes it from registering the moral significance of these social phenomena. As prelude, I demonstrate that Seana Shiffrin’s influential position concerning the divergence between promise and contract commits her to impugning these features of the modern economy. (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  3. If You Care About a Rule, Why Weaken Its Enforcement Dimension? On a Tension in the War Convention.Susanne Burri - 2022 - Law and Philosophy 41 (6):671-690.
    In _War by Agreement_ (Oxford and New York: Oxford University Press, 2019), Yitzhak Benbaji and Daniel Statman argue that the ‘war convention’ – i.e. the international laws and conventions that are widely accepted to govern the use of force between sovereign states – represents a morally binding contract. On their understanding, the war convention replaces a pre-contractual morality governed by principles that so-called reductive individualists have identified and argued for over the past twenty years. This paper argues that if we (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  4. Law and Violence.Alexander Guerrero - 2022 - Journal of Ethics and Social Philosophy 22 (1).
    The law marks a significant difference between violent and non-violent criminal actions. Violent crimes are typically met with more severe punishments and consequences than non-violent crimes. Even in discussions of criminal justice reform, the refrain remains: violent crime is different; those convicted of violent crimes are different; and it is appropriate to respond to violent crime differently. This article argues that the violent/non-violent distinction cannot bear the normative weight placed on it and that we should jettison violence and move to (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  5. Are Hate Speech Laws Useless? An Appraisal of Eric Heinze’s Arguments.Stéphane Courtois - 2022 - Res Publica 28 (2):249-269.
    Most Western democracies and international institutions have currently adopted a range of policies aimed at regulating hate speech. However, the kinds of target groups that hate speech regulations seek to protect have not been clearly defined yet. In a series of publications, Eric Heinze has challenged the coherence of such regulations. His core thesis is that hate speech laws have simply no place in longstanding, stable, and prosperous democracies. In this paper, I examine the three main charges Heinze raises against (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  6. Jurilinguistics and Minority Languages: General Framework, Methodological Approach and the Case of the Basque Language.Andrés M. Urrutia - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 35 (2):391-408.
    Inside the interdisciplinary field of Jurilinguistics, the main research has been carried out on state languages like English, French, German or Spanish. However, there is a new reality in today´s world, namely the existence of minority languages that have arisen to an official status as sub-state languages for the law and a limited range of branches of the law to be the own way to express themselves. The jurilinguistical point of view of this new reality requires a new approach to (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  7. A Perspective of Objectivity in International Human Rights Treaties.Jingjing Wu - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 35 (2):369-390.
    In this paper I argue that there is objectivity in international human rights law, against which the justifiability of arguments can be determined, and which could advance the universality versus relativity of human rights debate. Revisiting the three schools of treaty interpretation and applying the three elements of Radbruch’s rule of law, I discuss how the interpreter’s job of balancing those schools has limited room for manoeuvre. I further propose an approach to help jurists detect unjustifiable arguments in treaty interpretation, (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  8. Rules for Wrongdoers.Arthur Ripstein - 2021 - Oxford: Oxford University Press. Edited by Oona Anne Hathaway, Christopher Kutz, Jeff McMahan & Saira Mohamed.
    Ripstein's lectures, which constitute the central texts of this book, focus on the two bodies of rules governing war: the jus ad bellum, which regulates resort to armed force, and the jus in bello, which sets forth rules governing the conduct of armed force and applies equally to all parties. The lectures argue that both sets of rules constitute prohibitions rather than permissions, and that recognizing them as distinctive prohibitions can reconcile the seeming tension between them. By understanding that the (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  9. Religious Liberty and the Alleged Afterlife.Richard Eva - 2021 - Southwest Philosophy Review 37 (1):179-185.
    It is common for religiously motivated actions to be specially protected by law. Many legal theorists have asked why: what makes religion special? What makes it worthy of toleration over and above other non-religious deeply held convictions? The answer I put forward is that religions’ alleged afterlife consequences call for a principle of toleration that warrants special legal treatment. Under a Rawlsian principle of toleration, it is reasonable for those in the original position to opt for principles of justice that (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  10. 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 (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  11. Methodologies of Rule of Law Research: Why Legal Philosophy Needs Empirical and Doctrinal Scholarship.Sanne Taekema - 2020 - 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 (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  12. Deseo, comunidad política y enseñanza jurídica.Marina Gorali - 2021 - Revista Del Centro Para El Desarrollo Docente - Facultad de Derecho UBA 11:34.
    En una entrevista realizada en la Revista Pratiques, Barthes plantea una pregunta de profunda relevancia para la enseñanza jurídica: ¿cómo reinscribir el deseo en los pliegues de un espacio de saber institucional? La mayoría de las veces nos preocupamos por los contenidos en la enseñanza. Pero la tarea no se centra solamente allí, advierte. El verdadero problema es saber cómo se puede poner en el contenido, en la temporalidad de una clase valores o deseos que no están previstos por la (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  13. “False Friends” and Some Other Phenomena Reflecting the Historical Determination of the Terminology of Hungarian Private Law.András Földi - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (3):729-747.
    This article deals with some phenomena of the Hungarian legal language from a historical point of view, with special regard to the terminology of private law going back to Roman law tradition. The author aims, on the one hand, to present the historical background of the current terminology of Hungarian private law by means of some representative examples. On the other hand, it is attempted at demonstrating that “false friends” and some further misunderstandings in the current terminology of Hungarian private (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  14. Language-bound terms—term-bound languages: the difficulties of translating a national civil code into a lingua franca.Ádám Fuglinszky & Réka Somssich - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (3):749-770.
    The present paper—taking the example of the English translation of the Hungarian Civil Code of 2013—aims to give an overview on the legal and terminology-related challenges and pitfalls that might occur during the process of translating a civil code with civil law traditions into the language of the common law world. An attempt is made to categorise terminology-related conceptual problems and elaborate how the different types of translation methods could be applied; moreover, how a kind of legal-linguistic checks-and-balances can be (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  15. Contextualising the Notion of Context in Jurilinguistic Studies.Edyta Więcławska - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (3):637-656.
    Context is a notion that is commonly invoked in many linguistic studies, either with very general reference or, more specifically, in the light of one of a number of research approaches which assign distinct definitions to context, ranging from factors that can be recovered from a text, through social parameters serving as an index for the appropriation of discursive performance, to factors that bring texts into being and give them meaning. This exploratory and descriptive research problematises the notion of context (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  16. Hate Speech Laws: Expressive Power is Not the Answer.Maxime Lepoutre - 2019 - Legal Theory 25 (4):272-296.
    According to the influential “expressive” argument for hate speech laws, legal restrictions on hate speech are justified, in significant part, because they powerfully express opposition to hate speech. Yet the expressive argument faces a challenge: why couldn't we communicate opposition to hate speech via counterspeech, rather than bans? I argue that the expressive argument cannot address this challenge satisfactorily. Specifically, I examine three considerations that purport to explain bans’ expressive distinctiveness: considerations of strength; considerations of directness; and considerations of complicity. (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  17. Rethinking European Competition Law: From a Consumer Welfare to a Capability Approach.Rutger Claassen & Anna Gerbrandy - 2016 - Utrecht Law Review 12 (1):1-15.
    European competition law is predominantly focused on maximizing consumer welfare. This overarching purpose (which is supported by economic theory) leaves little place for safeguarding non-economic values, such as sustainability. This makes it difficult to allow cooperation between companies to contribute to such non-economic goals. In this article we explore whether it is possible to establish a different normative framework, in which such goals can be taken into account and can be balanced against the economic goal of consumer welfare. To answer (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   1 citation  
  18. Toward a New Employer-Worker Compact.Gary Chartier - 2005 - Employee Rights and Employment Policy Journal 9:51-119.
    Proposes a new model of worker-employer relationships in the US employment context, involving shifts in law and social norms and designed to offer options of potential value to both progressives and libertarians. Emphasizes the importance of decentralized governance and of decoupling income support and other social services from employment.
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  19. Peoples or Person?: Revising Rawls on Global Justice.Gary Chartier - 2004 - Boston College International and Comparative Law Review 27:1-97.
    Argues that the reasons Rawls offers in The Law of Peoples for rejecting cosmopolitanism are unpersuasive and that Rawls's resistance to cosmopolitanism is associated with other problematic features of his approach, including his stance regarding justice in warfare; an individualist, cosmopolitan approach would resolve evident difficulties in Rawls's position.
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  20. Rethinking Libertarianism: Elizabeth Anderson's Private Government. [REVIEW]David Ellerman - 2018 - Challenge 61:156-182.
    In her recent book Private Government, Elizabeth Anderson makes a powerful but pragmatic case against the abuses experienced by employees in conventional corporations. The purpose of this review-essay is to contrast Anderson’s pragmatic critique of many abuses in the employment relation with a principled critique of the employment relationship itself. This principled critique is based on the theory of inalienable rights that descends from the Reformation doctrine of the inalienability of conscience down through the Enlightenment in the abolitionist, democratic, and (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   1 citation  
  21. Kimberlé Williams Crenshaw (encyclopedia entry).Anna Carastathis - 2018 - In M. Sellers & S. Kirste (eds.), Encyclopedia of the Philosophy of Law and Social Philosophy. New York, NY, USA: pp. 1-5.
    This encyclopedia entry focuses primarily on Kimberlé Williams Crenshaw’s theoretical contributions, but also discusses how through her activism, intersectionality – as a framework or an analytic sensibility for making visible the sociolegal invisibility of women of color (and multiply oppressed social groups more generally) – has become praxis, revealing how Black women and other women of color fall “through the cracks” of mutually exclusive anti-racist and feminist discourses or, rather, are pushed into the chasm produced by their respective uninterrogated sexisms (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  22. The Progress of Law: Aeschylus’s Oresteia in Feminist and Critical Theory.Wairimu Njoya - 2020 - Political Theory 48 (2):139-168.
    The Oresteia is conventionally read as an account of progress from the age of private vendetta to the public order of legal justice. According to G.W.F. Hegel, an influential proponent of this view, the establishment of a court in Athens was the first step in the progressive universalization of law. For feminists and Frankfurt School theorists, in contrast, the Oresteia offers an account of the origins of patriarchy and class domination by legal means. This article examines the two competing interpretations (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  23. 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 (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  24. Property in the body and medical law.Donna Dickenson - 2019 - In Andelka Phillips (ed.), Philosophical Foundations of Medical Law. Oxford: Oxford University Press.
    In common law, the traditional rule has been that there is no property in excised human tissue. In an era of widespread commodification of tissue, however, the practical reasons behind this position are increasingly outdated, while the philosophical grounds are paradoxical. This no-property rule has been construed so as to deprive tissue providers of ongoing rights, whereas researchers, universities, and biotechnology companies are prone to assume that once they acquire proprietary rights, those rights are complete and undifferentiated. That position can (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  25. Ethics at the Edges of Law: Christian Moralists and American Legal Thought. By CathleenKaveny. Pp. xxi, 299, New York, Oxford University Press, 2018, $35.00/£22.99.Litigating Religions: An Essay on Human Rights, Courts, and Beliefs. By ChristopherMcCrudden. Pp. xv, 196, Oxford, Oxford University Press, 2018, $65.00. [REVIEW]John R. Williams - 2019 - Heythrop Journal 60 (6):961-963.
  26. Is the ‘hate’ in hate speech the ‘hate’ in hate crime? Waldron and Dworkin on political legitimacy.Rebecca Ruth Gould - 2019 - Jurisprudence 10 (2):171-187.
    Among the most persuasive arguments against hate speech bans was made by Ronald Dworkin, who warned of the threat to political legitimacy posed by laws that deny those subject to them adequ...
    Remove from this list   Direct download (6 more)  
     
    Export citation  
     
    Bookmark  
  27. Review of Nils Hoppe, Bioequity--Property and the Human Body. [REVIEW]Donna Dickenson - 2010 - International Journal of Law in Context 6 (4):397-399.
    Review of Nils Hoppe book, Bioequity--Property in the Body.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  28. La ley de memoria histórica: ¿Cuentas pendientes? Sobre la revisión judicial de las condenas dictadas por motivos políticos o sin las debidas garantías durante la guerra civil y la dictadura.Oscar Vergara - 2011 - Revista de Derecho Procesal 3:179 - 229.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  29. The Theories of Rights Debate.David Frydrych - 2018 - Jurisprudence 9 (3):566-588.
    This is the first comprehensive explanation and survey of the Interest-Will theories of rights debate. It elucidates the traditional understanding of it as a dispute over how best to explain A RIGHT and clarifies the theories’ competing criteria for that concept. The rest of the article then shows why recent developments are either problematic or simply fail to actually advance the debate. First, it is erroneous, as some theorists have done, to frame the entire debate in terms of competing explanations (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  30. Reinterpreting the Right to an Open Future: From Autonomy to Authenticity.Scott Altman - 2018 - Law and Philosophy 37 (4):415-436.
    This paper reinterprets a child’s right to an open future as justified by authenticity rather than autonomy. It argues that authenticity can be recognized as valuable by people whose conceptions of the good do not value autonomy. As a running example, the paper considers ultra-Orthodox Jews who lead separatist lives and who deny their sons secular education beyond an elementary school level. If their adult sons want to have careers and participate in life outside the religious enclave, they cannot easily (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  31. Rights Correlativity.David Frydrych - 2022 - In The Legacy of Wesley Hohfeld. Cambridge University Press. pp. 112-137.
    This chapter explicates and critically assesses RIGHTS CORRELATIVITY. Section II addresses three core issues. The first concerns the conceptual structure of the tethered positions: does correlativity mean that the positions’ features must be symmetrical? Are correlative rights and duties the “mirror images” of one another, or not? A second issue is Existential correlativity: must the positions invariably co-obtain, or can one exist with the other(s)? Can there be a right without a correlative duty, and vice versa? A third issue concerns (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   2 citations  
  32. Two Fallacies About Corporations.Philip Pettit - 2015 - In Subramanian Rangan (ed.), Performance and Progress: Essays on Capitalism, Business, and Society. Oxford University Press. pp. 379-394.
    One of the most important challenges for political theory is to identify the extent to which corporations should be facilitated and restricted in law. By way of background to that challenge, we need to develop a view about the nature and potential of corporations and corporate bodies in general. This chapter discusses two fallacies that we should avoid in this exercise. One, a claim popular among economists, that corporate bodies are not really agents at all. The other, a claim associated (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   4 citations  
  33. Philosophical Foundations of Children's and Family Law.Elizabeth Brake & Lucinda Ferguson (eds.) - 2018 - Oxford University Press.
    What defines family law? Is it an area of law with clean boundaries and unified distinguishing characteristics, or an untidy grouping of disparate rules and doctrines? What values or principles should guide it – and how could it be improved? Indeed, even the scope of family law is contested. Whilst some law schools and textbooks separate family law from children’s law, this is invariably effected without asking what might be gained or lost from treating them together or separately. Should family (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  34. Constitutional rights and judicial review.T. R. S. Allan - 2018 - Jurisprudence 9 (1):138-145.
  35. La doctrine environnementaliste face à l'exigence de neutralité axiologique: de l'illusion à la réflexivité.Julien Bétaille - 2016 - Revue Juridique de L'Environnement:20-59.
    Confrontée à l’exigence de neutralité axiologique, comprise comme le rejet de tout jugement de valeur, la doctrine environnementaliste ne fait pas preuve d’une particulière originalité. Elle porte peu d’intérêt à cette exigence, son discours est inéluctablement affecté par les mêmes biais que ceux qui touchent les autres catégories de doctrine et elle y apporte aussi des réponses comparables. Elle met d’une part en place des processus d’objectivation dont la portée est limitée en raison de l’étroitesse de la communauté scientifique du (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  36. L’échec instructif de la bioéthique. Pour une réflexion sur les procédures décisionnelles dans le champ biomédical.Anna C. Zielinska - 2016 - Noesis 28.
    The article aims at challenging the very idea of bioethics. Starting with a thought experiment which puts into perspective relations between law and ethics, a reflexion on founding moments of bioethics as a distinctive discipline will be proposed in order to contest some of its assumptions. Less traditional ways of seeing the field will be subsequently analyzed, yet the conclusion of this exploration will remain critical: we should rather think of an alternative way of seeing moral expertise in the biomedical (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  37. Codice di Diritto Canonico latino e Diritto Internazionale.Bruno Esposito - 2008 - Lumen Veritatis 1 (3):13-72.
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  38. The Presumption of Liberty and the Coerciveness of the State.Cindy Phillips - 2016 - Jurisprudence 7 (3):557-574.
    A dominant belief in political philosophy is that states must be entitled to authorize the use of coercion in order to justifiably coerce its subjects. Call this view the entitlement view. On this view, for a state to justifiably coerce its subjects, a necessary condition is that it is entitled to authorize the use of coercion. Sceptics hold the entitlement view. However, they deny that states are entitled to authorize the use of coercion. This denial informs their views regarding the (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  39. Droit de la robotique: Livre blanc.Alain Bensoussan & Renaud Champion - 2016 - SYMOP.
    Histoire et utilisation du robot Bien que la robotique soit un marché économique relativement jeune et en pleine croissance, la genèse des robots remonte à l’Antiquité. Le premier robot à être déployé sur des lignes d’assemblage est Unimate, utilisé dès 1961 par General Motors. La robotique, en se di usant dans tous les pans de notre économie, va impacter les business modèles de nombreuses industries comme l’automobile et l’aéronautique mais aussi la construction ou l’agriculture. Aujourd’hui les robots industriels et de (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  40. Jennifer Suchland: Economies of Violence: Transnational Feminism, Postsocialism, and the Politics of Sex Trafficking: Duke University Press, Durham and London, NC and London, 2015, 280 pp.Shulamit Almog - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (4):843-845.
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  41. “Extreme" porn? The implications of a label.Steve Jones - 2016 - Porn Studies:1-13.
    Despite its prevalence, the term ‘extreme’ has received little critical attention. ‘Extremity’ is routinely employed in ways that imply its meanings are self-evident. However, the adjective itself offers no such clarity. This article focuses on one particular use of the term – ‘extreme porn’ – in order to illustrate a broader set of concerns about the pitfalls of labelling. The label ‘extreme’ is typically employed as a substitute for engaging with the term’s supposed referents (here, pornographic content). In its contemporary (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  42. Rights in the Law: The Importance of God's Free Choices in the Thought of Francis Turretin.James E. Bruce - 2013 - Vandenhoeck & Ruprecht.
    James E. Bruce explores the relationship between morality and God’s free choices in the thought of Francis Turretin. The first book-length treatment of Turretin’s natural law theory, Rights in the Law provides an important theological backdrop to Early Modern moral and political philosophy. Turretin affirms Thomas Aquinas’s approach to the natural law, calling it the common opinion of the Reformed orthodox, but he develops it, too, by introducing a threefold scheme of right —divine, natural, and positive—to explain how change within (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  43. 2008 Financial Crisis and Islamic Finance: An Unrealized Opportunity.Fahad Al-Zumai & Mohammed Al-Wasmi - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (2):455-472.
    The Islamic finance industry is relatively new and vibrant. It is becoming a mainstream industry in the MENA. The industry is based on a number of Sharia’a maxims and in particular the prohibition of Riba. Islamic law scholars’ emphasis on the ethical dimension of this industry and how it can be seen as a solution to existing capitalism. The current financial crisis presented this industry with an unprecedented test and an opportunity to influence and merge into main stream finance. This (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  44. Cultural Branding, Geographic Source Indicators and Commodification.Gordon Hull - 2016 - Theory, Culture and Society 33 (2):125-145.
    One strategy for indigenous producers competing with global capital is to obtain geographic source protection (a form of trademark) for products traditionally associated with a cultural grouping or region. The strategy is controversial, and this article adds an additional reason to be cautious about adopting it. Specifically, consumers increasingly consume brands not for the products they designate but for the affiliation with the brands themselves. Since the benefits of source protection depend upon a consumer's desire to have a product actually (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  45. Zwyczaje i obyczaje w filozofii prawa Herberta L. A. Harta.Michał Zabdyr-Jamróz - 2015 - Diametros 45:144-164.
    The purpose of this paper is to provide an analytical framework – derived from the Herbert L.A. Hart’s philosophy of law – for the study of the phenomenon of habit and custom from the perspective of normativity. Its starting point is the Hart’s concept of “internal aspect of rules” as a necessary criterion for the rule’s normative character. The internal aspect exists in two forms: the “recognition” based on specific rules, and “acceptance”. The concept of acceptance reveals a difference between (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  46. Is the Non-rivalrousness of Intellectual Objects a Problem for the Moral Justification of Economic Rights to Intellectual Property?Jukka Varelius - 2015 - Science and Engineering Ethics 21 (4):895-906.
    It is often argued that the fact that intellectual objects—objects like ideas, inventions, concepts, and melodies—can be used by several people simultaneously makes intellectual property rights impossible or particularly difficult to morally justify. In this article, I assess the line of criticism of intellectual ownership in connection with a central category of intellectual property rights, economic rights to intellectual property. I maintain that it is unconvincing.
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  47. Perp Walks as Punishment.Bill Wringe - 2015 - Ethical Theory and Moral Practice 18 (3):615-629.
    When Dominique Strauss-Kahn, then head of the IMF, was arrested on charges of sexual assault arising from events that were alleged to have occurred during his stay in an up-market hotel in New York, a sizeable portion of French public opinion was outraged - not by the possibility that a well-connected and widely-admired politician had assaulted an immigrant hotel worker, but by the way in which the accused had been treated by the American authorities. I shall argue that in one (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  48. Less Evidence, Better Knowledge.Kenneth M. Ehrenberg - 2015 - McGill Law Journal 60 (2):173-214.
    In his 1827 work Rationale of Judicial Evidence, Jeremy Bentham famously argued against exclusionary rules such as hearsay, preferring a policy of “universal admissibility” unless the declarant is easily available. Bentham’s claim that all relevant evidence should be considered with appropriate instructions to fact finders has been particularly influential among judges, culminating in the “principled approach” to hearsay in Canada articulated in R. v. Khelawon. Furthermore, many scholars attack Bentham’s argument only for ignoring the realities of juror bias, admitting universal (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  49. Discrimination Debated: A review of Deborah Hellman and Sophia Moreau , Philosophical Foundations of Discrimination Law[REVIEW]Andrew Altman - 2015 - Jurisprudence 6 (1):156-168.
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  50. Review: Deborah Hellman and Sophia Moreau, eds., Philosophical Foundations of Discrimination Law. [REVIEW]Review by: Larry Alexander - 2015 - Ethics 125 (3):872-879,.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
1 — 50 / 6345