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  1. What is positivism in legal analysis?Damian Wayne Williams - forthcoming - Forthcoming.
    Legal positivism emerged in response to natural law, as an indictment on the latter’s metaphysical predilections. Natural law dominance created a yearning for empiricism, or even a ‘hard scientism’ in approach to understanding socially constructed phenomenon, including legal praxis. From its Benthamite origins, it has since been developed, with recent, spirited debate still undertaken among towering legal scholars. Although its validity is contested to some, it remains as an analytic point of view of the law. Yet, within its design, there (...)
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  2. Environmental law and systems theory.Nico Buitendag - 2024 - Systems Research and Behavioral Science 41 (6).
    In 1985, German sociologist Niklas Luhmann published a monograph on ecology, which appeared in English translation in 1989 as Ecological Communication. It contained many original insights for ecological thinking and, despite being well-reviewed upon publication, has had a relatively minor impact on Anglophone environmental discourse. This inattention is also present in environmental law, which has recently seen an increase in legal theories that challenge its mainstream. This contribution first investigates why Ecological Communication has received scant attention, pointing to changes in (...)
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  3. Section 230 Reform, Liberalism, and Their Discontents.Blaszczyk Matt - 2024 - California Western Law Review 60 (2):221-314.
    The Section 230 debate is a proxy for reevaluating constitutional fundamentals. The modern right and the modern left, both attacking Section 230, have abandoned liberalism, together with free speech, public private divide, and the politics of neutrality. Instead of believing in First Amendment value pluralism, each side of the spectrum wishes to realize their own positive normative vision for the political community which, today, is largely defined in the realm of digital culture. Each side recognizes the political other as an (...)
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  4. Lecturas posestructuralistas para una crítica decolonial: repensando las subjetividades jurídicas.Marina Gorali - 2023 - Revista Movimiento 46.
    El presente trabajo pretende explorar las contribuciones que lecturas y categorías posestructuralistas ofrecen a la conformación de una crítica decolonial. En particular, se orienta a la recuperación del concepto de tercer espacio desarrollado por Homi Bhabha, la reinscripción de una política del reconocimiento en las figuraciones del lenguaje propuesta por Julia Kristeva y la crítica al humanismo de Sylvia Wynter. Lejos de confundir colonialismo y colonialidad o estudios poscoloniales y decoloniales, el artículo intenta dar cuenta de su íntima productividad. Es (...)
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  5. Hate Speech as Antithetical to Free Speech: The Real Polarity.Tiffany Elise Montoya - 2023 - Leiden, Netherlands: Brill. Edited by Will Barnes.
    I claim that hate speech is actually antithetical to free speech. Nevertheless, this claim invokes the misconception that one would be jeopardizing free speech due to a phenomenon known as "false polarization" – a “tendency for disputants to overestimate the extent to which they disagree about whatever contested question is at hand.” The real polarity does not lie between hate speech (as protected free speech) vs. censorship. Rather, hate speech is censorship. It is the censorship of entire sectors of the (...)
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  6. What Was Orwell's Conception of Free Speech?Mark Satta - 2023 - George Orwell Studies 8 (1):61-76.
    Orwell’s views on the nature of free speech are significantly more complex than is often recognized. This paper examines what he had to say about freedom of speech and intellectual freedom. It seeks to provide a philosophical analysis of his understanding and use of these concepts and to address some apparent tensions in his thought. In so doing, the paper identifies five dominant aspects of Orwell’s account of free speech. He viewed free speech as closely related to intellectual freedom, which (...)
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  7. Law as Counterspeech.Anjalee de Silva & Robert Mark Simpson - 2023 - Ethical Theory and Moral Practice 26 (4):493-510.
    A growing body of work in free speech theory is interested in the nature of counterspeech, i.e. speech that aims to counteract the effects of harmful speech. Counterspeech is usually defined in opposition to legal responses to harmful speech, which try to prevent such speech from occurring in the first place. In this paper we challenge this way of carving up the conceptual terrain. Instead, we argue that our main classificatory division, in theorising responses to harmful speech, should be between (...)
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  8. Just Judge: The Jury on Trial.Joe Slater - 2023 - American Philosophical Quarterly 60 (2):169-186.
    Content note: This paper discusses rape throughout.Abstract. In this paper, I consider arguments in favor of jury trials. While I find these generally persuasive, I argue that there can be cases where juries are not fit for purpose. In those cases, I argue that they should be replaced by judge-only trials. In doing so, I propose a framework for determining whether a type of case is unsuitable for jury trials. Partly in response to low conviction rates, there have been recent (...)
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  9. Theorizing the Normative Significance of Critical Histories for International Law.Damian Cueni & Matthieu Queloz - 2022 - Journal of the History of International Law 24 (4):561-587.
    Though recent years have seen a proliferation of critical histories of international law, their normative significance remains under-theorized, especially from the perspective of general readers rather than writers of such histories. How do critical histories of international law acquire their normative significance? And how should one react to them? We distinguish three ways in which critical histories can be normatively significant: (i) by undermining the overt or covert conceptions of history embedded within present practices in support of their authority; (ii) (...)
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  10. The Undermining Mechanisms of ‘Rule of Law’ Objections: A Response to Song and Bloemraad.Amelia M. Wirts & José Jorge Mendoza - 2022 - The Ethics of Migration Policy Dilemmas Project.
    In their article, “Immigrant legalization: A Dilemma Between Justice and The Rule of Law,” Sarah Song and Irene Bloemraad address rule of law objections to policies that would regularize the status of undocumented immigrants in the United States. On their view, justice requires that liberal democratic states (i.e., states that are committed to individual liberty and universal equality) provide pathways for undocumented immigrants to regularize their status. We do not disagree with Song and Bloemraad’s account: rule of law and regularization (...)
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  11. The Theoretical Logic and Contemporary Value of Legal Philosophy in Hegel’s Critique of Legal Philosophy.芳 刘 - 2022 - Advances in Philosophy 11 (2):149-153.
  12. Axel Honneth’s Dialogue on Hegel’s Philosophy of Law.Werner Euler - 2021 - Revista de Humanidades de Valparaíso 18:45-64.
    This article has two purposes. First, it aims to present a detailed analysis of the argument of “recognition” or even of the “fight for recognition”, which Hegel uses in his fragments from Jena treating of the system of philosophy, especially of the philosophy of spirit. It will be necessary to determine precedently by means of an exact interpretation the content of that expressions, in order to criticize and to compare, his original significance in Hegel with the theoretical application made by (...)
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  13. The Restlessness of Resistance: Community, Myth, and Negativity in Law.J. Reese Faust - 2021 - Law and Critique 32 (3):301-313.
    Peter Fitzpatrick’s intellectual relationship with Jean-Luc Nancy centred on the related problems of myth and community. In this article, I will explicate the ‘restlessness of the negative’ that Nancy describes in Hegel, in order to further develop Fitzpatrick’s notion of ‘law as resistance’. Set against the backdrop of myth and community, law can be understood as a community’s fragmentary attempt to explicate its essence. Modern law becomes an artefact of the negative twisting through a community’s attempts to construct itself through (...)
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  14. (What) Are Stereotyping and Discrimination? (What) Do We Want Them to Be?Alex Madva - 2021 - Social Epistemology Review and Reply Collective 10 (11):43-51.
    Comment on Beeghly, Erin. 2021. “Stereotyping as Discrimination: Why Thoughts Can Be Discriminatory.” Social Epistemology 35 (6): 547–63. -/- Beeghly’s “Stereotyping as Discrimination” is—characteristically—clear, thorough, and persuasive, rich with incisive arguments and thought-provoking case studies. In defending the view that stereotyping often constitutes discrimination, she makes a powerful case that, “Living ethically means cultivating a certain kind of ‘inner’ life and avoiding pernicious habits of thought, no matter how culturally pervasive” (Beeghly 2021b, 13). Support for such claims is traced back (...)
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  15. Il realismo critico. Un programma di ricerca a partire da Danilo Zolo.Elisa Orrù - 2021 - Jura Gentium 18 (1):63-86.
    This essay focuses on the approach to the study of political and legal phenomena that can be defined “critical realism” and with its apparent paradox. By “critical realism” I understand a way of looking at political and legal phenomena that combines a blunt analysis of social reality with a transformative, non-resigned critical attitude towards the status quo. I argue that this is the approach that inspired Danilo Zolo’s lifelong reflections on politics and law. The same approach, moreover, is in my (...)
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  16. Violence and politeness: From Walter Benjamin's “Critique” to the streets of Chicago.Kam Shapiro - 2020 - Constellations 27 (3):438-451.
  17. Law and the Relational Self.Jonathan Herring - 2019 - Cambridge: Cambridge University Press.
    This book promotes a relational understanding of the self. It explores how law can be transformed by focusing on the promotion and protection of caring relationships, rather than individual rights. This offers a radical and profound re-imagining of what law is about and what it should be trying to do. It moves from the theoretical into offering practical examples of how the law could be developed to enhance relationships, rather than undermine them.
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  18. Decoding the Crime Scene Photograph: Seeing and Narrating the Death of a Gangster.Anita Lam - 2019 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 34 (1):173-190.
    Because Arthur ‘Weegee’ Fellig’s crime scene photographs have become the standard for visually representing crime scenes in popular culture, this paper examines the extra-legal lives of two of his images, both of which were produced at the site of a gangster’s death in 1936. To decode the crime scene photograph is to interrogate the ways in which we make sense of crime through seeing and narrating. To that end, this paper charts how these two crime images were contextualized first in (...)
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  19. Criminal Disenfranchisement and the Concept of Political Wrongdoing.Annette Zimmermann - 2019 - Philosophy and Public Affairs 47 (4):378-411.
    Disagreement persists about when, if at all, disenfranchisement is a fitting response to criminal wrongdoing of type X. Positive retributivists endorse a permissive view of fittingness: on this view, disenfranchising a remarkably wide range of morally serious criminal wrongdoers is justified. But defining fittingness in the context of criminal disenfranchisement in such broad terms is implausible, since many crimes sanctioned via disenfranchisement have little to do with democratic participation in the first place: the link between the nature of a criminal (...)
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  20. Theory of Sovereignty and the Body Politic in Modern and Contemporary Political Thought.Valerio Fabbrizi - 2018 - Philosophica Critica 4 (1):3-19.
    The purpose of this article is to investigate one of the most interesting and debated issues within the philosophical dis-cussion about politics: the metaphor of the body politic and its relation with the theory of sovereignty in contemporary political theory. After an opening section, which proposes a brief sketch about the origin of the body politic within phi-losophy (especially in Plato’s and Aristotle’s contributions), the article provides a theoretical insight of such a theory, by dealing with three of its definitions: (...)
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  21. Sociological Jurisprudence: Juristic Thought and Social Inquiry.Roger Cotterrell - 2017 - New York: Routledge.
    This book presents a unified set of arguments about the nature of jurisprudence and its relation to the jurist's role. It explores contemporary challenges that create a need for social scientific perspectives in jurisprudence, and it shows how sociological resources can and should be used in considering juristic issues. Its overall aim is to redefine the concept of sociological jurisprudence and outline a new agenda for this. Supporting this agenda, the book elaborates a distinctive juristic perspective that recognises law's diversity (...)
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  22. On law, power and violence: from Christoph Menke to Hannah Arendt. A critical analysis.Valerio Fabbrizi - 2017 - Philosophy Kitchen 4 (7):33-42.
    This article wants to propose some reflections on law, power and violence in contemporary political philosophy. My attention will be devoted to a critical analysis of some relevant contribution on these matters by prominent scholars and authors such as Alessandro Ferrara, Christoph Menke, Walter Benjamin, Hannah Arendt. The first part is dedicated to a brief introduction in which the Alessandro Ferrara’s reading of Menke’s Law and Violence will be presented. The second part focuses its attention on the philosophical backgrounds of (...)
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  23. Law and the Question of the Animal: A Critical Jurisprudence.Yoriko Otomo & Edward Mussawir - 2013 - Routledge.
    This book addresses the problem of 'animal life' in terms that go beyond the usual extension of liberal rights to animals. The discourse of animal rights is one that increasingly occupies the political, ethical and intellectual terrain of modern society. But, although the question of the status of animals holds an important place within a range of civil, political and technological disciplines, the issue of rights in relation to animals usually rehearses the familiar perspectives of legal, moral and humanist philosophy. (...)
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  24. Entre arbitrariedad y razonabilidad. Hacia una teoría crítica del neoconstitucionalismo.Massimo Cuono - 2012 - Eunomía. Revista En Cultura de la Legalidad 2021 (3):44-60.
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  25. Jurisprudence as Ideology.Valerie Kerruish - 1991 - Routledge.
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