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  1. LA COHERENCIA EN LA ARGUMENTACIÓN JURÍDICA.Amalia Amaya - manuscript
  2. Aspects juridiques des mégadonnées - RGPD (GDPR).Nicolae Sfetcu - manuscript
    L'utilisation des mégadonnée présente des problèmes juridiques importants, notamment en termes de protection des données. Le cadre juridique existant de l'Union européenne, basé notamment sur la Directive 46/95/CE et le Règlement général sur la protection des données (RGPD - en anglais : General Data Protection Regulation, GDPR) assurent une protection adéquate. Mais pour les mégadonnées, une stratégie globale et complète est nécessaire. L'évolution au fil du temps est passée du droit d'exclure les autres au droit de contrôler leurs propres données (...)
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  3. Procedure-Content Interaction in Attitudes to Law and in the Value of the Rule of Law: An Empirical and Philosophical Collaboration.Noam Gur & Jonathan Jackson - forthcoming - In Meyerson Denise, Catriona Mackenzie & Therese MacDermott (eds.), Procedural Justice and Relational Theory: Philosophical, Empirical and Legal Perspectives. Routledge.
    This chapter begins with an empirical analysis of attitudes towards the law, which, in turn, inspires a philosophical re-examination of the moral status of the rule of law. In Section 2, we empirically analyse relevant survey data from the US. Although the survey, and the completion of our study, preceded the recent anti-police brutality protests sparked by the killing of George Floyd, the relevance of our observations extends to this recent development and its likely reverberations. Consistently with prior studies, we (...)
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  4. Making Good Sense: Pragmatism's Mastery of Meaning, Truth, and Workable Rule of Law.Harold Anthony Lloyd - forthcoming - Wake Forest Journal of Law and Policy.
    The hermeneutic pragmatism explored in this article timely examines how “post-truth” claims over-estimate semantic freedoms while at the same time underestimating semantic and pre-semantic restraints. Such pragmatism also timely examines how formalists err by committing the reverse errors. Drawing on insights from James, Peirce, Putnam, Rorty, Gadamer, Derrida, and others, such hermeneutic pragmatism explores (1) the necessary role of both internal and objective experience in meaning, (2) the resulting instrumental nature of concepts required to deal with such experience, (3) the (...)
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  5. AI Risk Assessment: A Scenario-Based, Proportional Methodology for the AI Act.Claudio Novelli, Federico Casolari, Antonino Rotolo, Mariarosaria Taddeo & Luciano Floridi - forthcoming - Digital Society.
    The EU Artificial Intelligence Act (AIA) defines four risk categories for AI systems: unacceptable, high, limited, and minimal. However, it lacks a clear methodology for the assessment of these risks in concrete situations. Risks are broadly categorized based on the application areas of AI systems and ambiguous risk factors. This paper suggests a methodology for assessing AI risk magnitudes, focusing on the construction of real-world risk scenarios. To this scope, we propose to integrate the AIA with a framework developed by (...)
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  6. Crime & Punishment: A Rethink.Ognjen Arandjelović - 2023 - Philosophies 8 (3):47.
    Incarceration remains the foremost form of sentence for serious crimes in Western democracies. At the same time, the management of prisons and of the prison population has become a major real-world challenge, with growing concerns about overcrowding, the offenders’ well-being, and the failure of achieving the distal desideratum of reduced criminality, all of which have a moral dimension. In no small part motivated by these practical problems, the focus of the present article is on the ethical framework that we use (...)
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  7. Outcome Effects, Moral Luck and the Hindsight Bias.Markus Kneer & Iza Skoczeń - 2023 - Cognition 232.
    In a series of ten preregistered experiments (N=2043), we investigate the effect of outcome valence on judgments of probability, negligence, and culpability – a phenomenon sometimes labelled moral (and legal) luck. We found that harmful outcomes, when contrasted with neutral outcomes, lead to increased perceived probability of harm ex post, and consequently to increased attribution of negligence and culpability. Rather than simply postulating a hindsight bias (as is common), we employ a variety of empirical means to demonstrate that the outcome-driven (...)
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  8. The pragmatist school in analytic jurisprudence.Raff Donelson - 2021 - Philosophical Issues 31 (1):66-84.
    Almost twenty years ago, a genuinely new school of thought emerged in the field of jurisprudential methodology. It is a pragmatist school. Roughly, the pragmatists contend that, when inquiring about the nature of law, we should evaluate potential answers based on practical criteria. For many legal philosophers, this contention seems both unclear and unhinged. That appearance is lamentable. The pragmatist approach to jurisprudential methodology has received insufficient attention for at least two reasons. First, the pragmatists do not conceive of themselves (...)
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  9. Pr\'ecis for Just Words: On Speech and Hidden Har.Mary Kate McGowan - 2021 - Res Philosophica 98 (3):509-511.
    This is a summary of the book _Just Words: On Speech and Hidden Harm (OUP 2019)_. We all know that speech can be harmful. But what are the harms and how exactly does the speech in question brings those harms about? Just Words identifies a previously overlooked mechanism by which speech constitutes, rather than merely causes, harm. The author argues that speech constitutes harm when it enacts a norm that prescribes that harm. She illustrates this theory by considering many categories (...)
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  10. Law's Humility: Enlarging the Scope of Jurisprudential Disagreement.Triantafyllos Gkouvas - 2020 - New York, NY: Hart Publishing, Bloosmbury.
    This book advances a philosophical account of a substantive, albeit less elaborated, variant of jurisprudential disagreement about which kinds of non-legal facts determine the content and the normative force of the law. At the most abstract level legal philosophers disagree about the proper methodology of jurisprudence. Opinions are divided as to whether the proper method of philosophical inquiry about law consists in refining our description of what a legal practice is or, conversely, in justifying the practice of law from a (...)
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  11. The Conceptions of Self-Evidence in the Finnis Reconstruction of Natural Law.Kevin Lee - 2020 - St. Mary's Law Journal 51 (2):414-470.
    Finnis claims that his theory proceeds from seven basic principles of practical reason that are self-evidently true. While much has been written about the claim of self-evidence, this article considers it in relation to the rigorous claims of logic and mathematics. It argues that when considered in this light, Finnis equivocates in his use of the concept of self-evidence between the realist Thomistic conception and a purely formal, modern symbolic conception. Given his respect for the modern positivist separation of fact (...)
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  12. From Angels to Humans: Law, Coercion, and the Society of Angels Thought Experiment.Lucas Miotto - 2020 - Law and Philosophy 40 (3):277-303.
    Whether legal systems are necessarily coercive raises normative concerns. Coercion carries a presumption of illegitimacy and a special justificatory burden. If legal systems are necessarily coercive, coerciveness necessarily taints our legal institutions. Traditionally, legal systems have been regarded as contingently coercive. This view is mainly supported by the society of angels thought experiment. For the past few years, however, this traditional view has been under attack. Critics have challenged the reliability of the thought experiment and have urged us to centre (...)
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  13. Introduction to ‘Virtue and Law’ symposium.Amalia Amaya & Claudio Michelon - 2018 - Jurisprudence 9 (1):1-5.
    This short piece is the introduction to the Special Issue on ‘Virtue and the Law’ published by Jurisprudence in March 2019 (vol 9, issue 1). It explains the scope of the project and its place in the unfolding of virtue jurisprudence that has occurred in the past few decades, as well as introducing the topics addressed in the volume. In the first couple of pages the authors/editors outline a very brief genealogy of virtue jurisprudence and of its relation to both (...)
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  14. Transparency in internet regulation and governance: Arguments and counter-arguments with some methodological reflections.Gianluca Andresani & Natalina Stamile - 2018 - Revista Brasileira de Estudos Políticos 117:443-476.
    The debate on the argumentative turn in Public Policy and Administration (PPA), as reflective of the influence of politico-legal theory on the discipline, is reviewed with a thorough and indepth engagement with the Argumentation Theory (AT) literature. The focus in this article is in fact of a methodological nature since we argue that critical scholars - who have contributed to the general and specialized (i.e. political discourse analysis and critical contextualism) literature of AT as well as politico-legal theory - pave (...)
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  15. The Illuminati Problem and Rules of Recognition.Mikołaj Barczentewicz - 2018 - Oxford Journal of Legal Studies 38 (3):500-527.
    How to distinguish law from non-legal but systematic and rule-guided practices of legal officials? This issue features prominently in the debate on ‘positive originalism’ in US constitutional law, and in similar fundamental controversies in other legal orders. I take it as a question about content and constitution of ultimate rules of recognition. Legal philosophers have been too quick in dealing with this problem. I argue that there is more space to claim that non-officials have a constitutive relationship with the content (...)
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  16. Law is an Institution an Artifact and a Practice.Kenneth M. Ehrenberg - 2018 - In Luka Burazin, Kenneth Einar Himma & Corrado Roversi (eds.), Law as an Artifact. Oxford: Oxford University Press. pp. 177-191.
    I have argued that law is a genre of institutionalized abstract artifact, meaning that laws are purposive products of human creation designed to signal norms of behavior with respect to them. Its institutional nature is seen in the fact that it is a system of artificial statuses that convey deontic powers to status holders understood in their institutional roles. Following Searle in explaining institutions, however, is also to see the institution as the 'continuing possibility of a practice.' Hence there is (...)
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  17. The Methods of Normativity.Hass Binesh - 2017 - Canadian Journal of Law and Jurisprudence 30 (1):159.
    This essay is an examination of the relationship between phenomenology and analytic method in the philosophy of law. It proceeds by way of a case study, the requirement of compliance in Raz’s theory of mandatory norms. Proceeding in this way provides a degree of specificity that is otherwise neglected in the relevant literature on method. Drawing on insights from the philosophy of art and cognitive neuroscience, it is argued that the requirement of compliance is beset by a range of epistemological (...)
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  18. Applied Political and Legal Philosophy.Michelle Madden Dempsey & Matthew J. Lister - 2017 - In Kimberley Brownlee, Tony Coady & Kasper Lippert-Rasmussen (eds.), A Companion to Applied Philosophy. Oxford: Wiley-Blackwell. pp. 313-327.
    This chapter examines three approaches to applied political and legal philosophy: Standard activism is primarily addressed to other philosophers, adopts an indirect and coincidental role in creating change, and counts articulating sound arguments as success. Extreme activism, in contrast, is a form of applied philosophy directly addressed to policy-makers, with the goal of bringing about a particular outcome, and measures success in terms of whether it makes a direct causal contribution to that goal. Finally, conceptual activism (like standard activism), primarily (...)
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  19. Down the Methodological Rabbit Hole.David Frydrych - 2017 - Crítica. Revista Hispanoamericana de Filosofía 49 (147):41-73.
    This article surveys methodological matters that shape, drive, and plague analytic legal philosophy. Section 2 briefly explicates conceptual analysis, analytic definitions, and family resemblance concepts. It also argues that central cases are used in more than one way. Section 3 presents criticisms of those concepts and methods, and suggests that some of these difficulties are due to the lack of a shared paradigm regarding a counterexample’s impact. Section 4 explains “meta- theoretical” desiderata. It contends that, to date, legal philosophical appeals (...)
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  20. Structural Realism and Jurisprudence.Kevin Lee - 2017 - Legal Issues Journal 5 (2).
    Some Anglophone legal theorists look to analytic philosophy for core presuppositions. For example, the epistemological theories of Ludwig Wittgenstein and Willard Quine shape the theories of Dennis Patterson and Brian Leiter, respectively. These epistemologies are anti-foundational since they reject the kind of certain grounding that is exemplified in Cartesian philosophy. And, they are coherentist in that they seek to legitimate truth-claims by reference to entire linguistic systems. While these theories are insightful, the current context of information and communication technologies (ICT) (...)
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  21. Why the Late Justice Scalia Was Wrong: The Fallacies of Constitutional Textualism.Ken Levy - 2017 - Lewis and Clark Law Review 21 (1):45-96.
    My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is the (...)
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  22. Metaphilosophy of Law.Pawel Banas, Adam Dyrda & Tomasz Gizbert-Studnicki (eds.) - 2016 - Portland, Oregon: Hart.
    Methodological and metaphilosophical disputes in the contemporary philosophy of law are very vivid. Basic issues remain controversial. The purpose of the book is to confront approaches of Anglo-Saxon and continental philosophy of law to the following topics: the purpose of legal philosophy, the role of disagreement in legal philosophy, methodology of legal philosophy (conceptual analysis) and normativity of law. We see those areas of legal metaphilosophy as drawing recently more and more attention in the literature. The authors of particular chapters (...)
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  23. Applied Political and Legal Philosophy.Michelle Madden Dempsey & Matthew Lister - 2016 - In Kasper Lippert‐Rasmussen, Kimberley Brownlee & David Coady (eds.), A Companion to Applied Philosophy. Chichester, UK: Wiley. pp. 311–327.
    This chapter examines three approaches to applied political and legal philosophy: standard activism, extreme activism, and conceptual activism. They differ from one another in their target audiences, how directly the arguments seek to advance change in the world, and what they take as their measure(s) of success. Standard activism is primarily addressed to other philosophers, adopts an indirect and coincidental role in creating change, and counts articulating sound arguments as success. Extreme activism, in contrast, is a form of applied philosophy (...)
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  24. Law as Plan and Artefact.Kenneth M. Ehrenberg - 2016 - Jurisprudence 7 (2):325-340.
    Scott Shapiro’s theory that law is a social plan is helpful in seeing law essentially as a tool of human creation and as such is sympathetic to understanding law in terms of the social functions it performs, a method I argue for elsewhere. I focus here on two problems with the theory as presented. The planning theory does not adequately explain the persistence of law beyond the utility of those who implement it. Generally, plans can cease to exist as soon (...)
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  25. Ontology and Reason Giving in Law.Kenneth M. Ehrenberg - 2016 - In Pawel Banas, Adam Dyrda & Tomasz Gizbert-Studnicki (eds.), Metaphilosophy of Law. Hart. pp. 147-158.
  26. The Functions of Law.Kenneth M. Ehrenberg - 2016 - Oxford, United Kingdom: Oxford University Press.
    What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so (...)
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  27. Law and Authority Under the Guise of the Good, by Veronica Rodriguez-Blanco.Ori J. Herstein - 2016 - Mind 125 (500):1213-1222.
    Law and Authority Under the Guise of the Good, by Rodriguez-BlancoVeronica. Oxford : Hart Publishing, 2014. Pp. 215.
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  28. Philosophy of Law: Secular and Religious (with some reference to Jewish family law).Bernard S. Jackson - 2015 - In Alison Diduck, Noam Peleg & Helen Reece (eds.), Law In Society: Reflections on Children, Family, Culture and Philosophy. Essays in Honour of Michael Freeman. Leiden: Brill. pp. 45-62.
    Despite the efforts of some modern Jewish law scholars, it is difficult to apply models of secular jurisprudence (whether positivist or Dworkinian) to the Jewish legal system. Internal analysis suggests that the “secondary rules” of the system are far too fragile. Rather, the system appears to privilege trust over objectively determinable truth. (But perhaps trust is a concept to which greater attention should be paid also in secular jurisprudence, as a legal realism informed by semiotics might maintain.) The practical implications (...)
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  29. Four Entries for the Rawls Lexicon: Charles Beitz, H.L.A. Hart, Citizen, Sovereignty.Matthew Lister - 2015 - In Jon Mandle & David Reidy (eds.), The Cambridge Rawls Lexicon. Cambridge University Press.
    These are for entries for _The Cambridge Rawls Lexicon_, edited by Jon Mandle and David Reidy, on H.L.A. Hart, Charles Beitz, Sovereignty, and Citizen.
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  30. Evaluating the Force of Law's Force. [REVIEW]Lucas Miotto - 2015 - Australian Journal of Legal Philosophy 40:229-236.
  31. Casuistry as common law morality.Norbert Paulo - 2015 - Theoretical Medicine and Bioethics 36 (6):373-389.
    This article elaborates on the relation between ethical casuistry and common law reasoning. Despite the frequent talk of casuistry as common law morality, remarks on this issue largely remain at the purely metaphorical level. The article outlines and scrutinizes Albert Jonsen and Stephen Toulmin’s version of casuistry and its basic elements. Drawing lessons for casuistry from common law reasoning, it is argued that one generally has to be faithful to ethical paradigms. There are, however, limitations for the binding force of (...)
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  32. What Makes Law: An Introduction to the Philosophy of Law.Liam B. Murphy - 2014 - New York, NY: Cambridge University Press.
    This book offers an advanced introduction to central questions in legal philosophy. What factors determine the content of the law in force? What makes a normative system a legal system? How does law beyond the state differ from domestic law? What kind of moral force does law have? The most important existing views are introduced, but the aim is not to survey the existing literature. Rather, this book introduces the subject by stepping back from the fray to sketch the big (...)
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  33. Empirical Desert, Individual Prevention, and Limiting Retributivism: A Reply.Paul Robinson, Joshua S. Barton & Matthew J. Lister - 2014 - New Criminal Law Review 17 (2):312-375.
    A number of articles and empirical studies over the past decade, most by Paul Robinson and co-authors, have suggested a relationship between the extent of the criminal law's reputation for being just in its distribution of criminal liability and punishment in the eyes of the community – its "moral credibility" – and its ability to gain that community's deference and compliance through a variety of mechanisms that enhance its crime-control effectiveness. This has led to proposals to have criminal liability and (...)
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  34. Functions in Jurisprudential Methodology.Kenneth Ehrenberg - 2013 - Philosophy Compass 8 (5):447-456.
    This paper guides the reader through the use of functions in contemporary legal philosophy: in developing those philosophies and through methodological debates over their proper role. This paper is broken into two sections. In the first I canvass the role of functions in the legal philosophies of several mid to late twentieth century Anglo-American general jurisprudents whose theories are still common topics of discussion: Ronald Dworkin, H.L.A. Hart, Lon L. Fuller, John Finnis, and Joseph Raz. In the second, I examine (...)
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  35. Diagrams, Documents, and the Meshing of Plans.Barry Smith - 2013 - In Andras Benedek & Kristof Nyiri (eds.), How To Do Things With Pictures: Skill, Practice, Performance. Peter Lang Edition. pp. 165--179.
    There are two important ways in which, when dealing with documents, we go beyond the boundaries of linear text. First, by incorporating diagrams into documents, and second, by creating complexes of intermeshed documents which may be extended in space and evolve and grow through time. The thesis of this paper is that such aggregations of documents are today indispensable to practically all complex human achievements from law and finance to orchestral performance and organized warfare. Documents provide for what we can (...)
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  36. Legal Semiotics and Semiotic Aspects of Jurisprudence.Bernard S. Jackson - 2012 - In Anne Wagner & Jan Broekman (eds.), , eds., Prospects of Legal Semiotics. Dordrecht: Springer. pp. 3-36.
    Originally written in 1990, this reviews largely late 20th century debates on the study of law as Logic, Discourse, or Experience; the Unity of the Legal System and the Problem of Reference; Semiotic Presuppositions of Traditional Jurisprudence (Austin, Hart, Kelsen, Dworkin, Legal Realisms); then turns to legal philosophies explicitly Employing Forms of Semiotics (Kalinowski, the Italian Analytical School, Rhetorical and Pragmatic Approaches, Sociological and Socio-Linguistic Approaches, Peircian Legal Semiotics, Greimasian Legal Semiotics and Aesthetic/Symbolic Approaches). A major section then offers (from (...)
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  37. The Use and Abuse of Presumptions: Some comments on Dempsey on Finnis.Matthew Lister - 2012 - Villanova Law Review 57:485.
    This paper is a short commentary on Michelle Dempsey's contribution to a symposium on the work of John Finnis which took place at Villanova Law School in the fall of 2011. It focuses on Finnis's claim that there is a presumptive obligation to obey the law and some worries that Dempsey raises against this claim. It is forthcoming, along with several other papers from the symposium, in the Villanova Law Review.
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  38. George Pavlakos's Our Knowledge of the Law: Objectivity and Practice in Legal Theory. [REVIEW]Jonathan Gorman - 2009 - Social and Legal Studies 18:568-570.
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  39. Teaching jurisprudence in Namibia.Mark Hannam - 2009 - The Philosophers' Magazine 46:14-17.
    In Namibia, as in many other parts of Africa, customary law continues to play an important role for ordinary people, by setting the framework of behaviour that the law expects of them and, in return, what protections they can expect from the law. This role is today increasingly under challenge from the growing importance of constitutional law.
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  40. Defending the possibility of a neutral functional theory of law.Kenneth M. Ehrenberg - 2008 - Oxford Journal of Legal Studies 29 (1):91.
    I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...)
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  41. Internet Stings Directed at Pedophiles: A Study in Philosophy and Law.Joseph S. Fulda - 2007 - Sexuality and Culture 11 (1):52-98.
    The article is intended to, in Sections I and II, flesh out and put within a metaphilosophical framework the theoretical argument first made in 2002 in “Do Internet Stings Directed at Pedophiles Capture Offenders or Create Offenders? And Allied Questions” (Sexuality & Culture 6(4): 73–100), with some modifications (See note 14). Where there are differences, I stand by this version as the final version of the argument. Section III addresses three experimental or empirical studies which might be thought to contradict (...)
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  42. Moral evaluation and conceptual analysis in jurisprudential methodology.John Oberdiek & Dennis Patterson - 2007 - In Michael D. A. Freeman & Ross Harrison (eds.), Law and Philosophy. Oxford University Press.
  43. Per un'interpretazione retorica della verità processuale di Enrico Opocher (1914-2004).Maurizio Manzin - 2006 - Rivista Internazionale di Filosofia Del Diritto 83 (1):41-53.
    Enrico Opocher, one of the most important Italian legal philosophers in the last century, died on March 3, 2004. For almost four decades, he was Director of the prestigious Insitute of Philosophy of Law and Comparative Law in the University of Padua. Together with Norberto Bobbio, Sergio Cotta, Uberto Scarpelli and few others, he represented a generation as well as a season of deep renewal in Italian philosophy of law and politics. In the legal thought of the postwar period, Opocher (...)
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  44. Three separation theses.James Morauta - 2004 - Law and Philosophy 23 (2):111-135.
    Legal positivism's ``separation thesis'' is usually taken in one of two ways: as an analytic claim about the nature of law – roughly, as some version of the Social Thesis; or as a substantive claim about the moral value of law – roughly, as some version of the Value Thesis. In this paper I argue that we should recognize a third kind of positivist separation thesis, one which complements, but is distinct from, positivism's analytic and moral claims. The Neutrality Thesis (...)
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  45. Policy, principle, and incrementalism: Dworkin's jurisprudence of race. [REVIEW]Andrew Altman - 2001 - The Journal of Ethics 5 (3):241-262.
    For several decades, Ronald Dworkinhas been one of the most prominent voicesdefending the legality and justifiability ofrace-conscious programs aimed at undoing thecontinuing effects of prejudice. Writingwithin the framework of a liberal legalphilosophy, he has formulated powerfularguments against the view that color-blindpolicies are the only defensible ones. Nonetheless, I argue that a more completeliberal defense of race-conscious policieswould need to develop and modify Dworkin's lineof argument. Such a defense would go beyondhis policy-based arguments and incorporatearguments of principle. Race-conscious policiesdo not only (...)
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  46. A Revision of the Constitutive and Epistemic Coherence Theories in Law.Veronica Rodriguez-Blanco - 2001 - Ratio Juris 14 (2):212-232.
    This paper analyses and criticizes Joseph Raz's attacks on coherentist theories. It is argued that Raz's characterisation of epistemic coherence theories is too narrow and that his criticism of constitutive coherence theories is based on a conceptual mistake in his own description. The study is an indirect argument to rethink coherence theories of law and adjudication within a more powerful framework than that propounded by Raz.
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  47. Making sense in jurisprudence.Bernard S. Jackson - 1996 - Liverpool: Deborah Charles Publications.
    This book reviews the classical schools of jurisprudence with particular reference to their linguistic presuppositions, and summarises an alternative account based on Paris school semiotics. Detailed ToC available from linked web page. NOT available from Amazon.
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  48. The Pleadings Games: An Artificial Intelligence Model of Procedural Justice.Thomas F. Gordon - 1995 - Springer.
    The Pleadings Game is a major contribution to artificial intelligence and legal theory. The book draws on jurisprudence and moral philosophy to develop a formal model of argumentation called the pleadings game. From a technical perspective, the work can be viewed as an extension of recent argumentation-based approaches to non-monotonic logic: (1) the game is dialogical rather than mono-logical; (2) the validity and priority of defeasible rules is subject to debate; and (3) resource limitations are acknowledged by rules for fairly (...)
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  49. Sociological Jurisprudence and Legal Philosophy: Random Thoughts On.K. B. Agrawal & Rajendra Kumar Raizada (eds.) - 1993 - University Book House.
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  50. Hard cases: A procedural approach. [REVIEW]Jaap C. Hage, Ronald Leenes & Arno R. Lodder - 1993 - Artificial Intelligence and Law 2 (2):113-167.
    Much work on legal knowledge systems treats legal reasoning as arguments that lead from a description of the law and the facts of a case, to the legal conclusion for the case. The reasoning steps of the inference engine parallel the logical steps by means of which the legal conclusion is derived from the factual and legal premises. In short, the relation between the input and the output of a legal inference engine is a logical one. The truth of the (...)
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