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Philosophy of law

Englewood Cliffs, N.J.,: Prentice-Hall (1974)

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  1. Method, Morality and the Impossibility of Legal Positivism.Stuart Toddington - 1996 - Ratio Juris 9 (3):283-299.
    The dispute between Legal Positivists (eg, Hart) and Natural Lawyers (e.g., Finnis) concerns the existence or otherwise of a necessary (conceptual) connection between law and morality. Legal Positivists such as Hart deny this connection and assert the merely contingent relationship of law and morals. However, it can be demonstrated that implicit in the valid sociological method of concept formation of post‐Austinian Positivists are interpretative or ideal‐typical models of the practical rationality of the legal enterprise which are not, and cannot possibly (...)
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  • Transparency and doubt: Understanding and interpretation in pragmatics and in law. [REVIEW]Marcelo Dascal & Jerzy Wróblewski - 1988 - Law and Philosophy 7 (2):427-450.
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  • Obligations of poor countries in ensuring global justice: The case of uganda.John Barugahare & Reidar K. Lie - unknown
    Obligations of global justice rest mainly on the global rich but also to a lesser extent on the global poor. The governments of poor countries are obliged to fulfill requirements of non-aggression, good governance and decency, along with all other requirements which facilitate the achievement of global justice. So far, obligations of poor countries seem to be taken as given yet the behavior of governments in poor countries and occurrences therein attest to the contrary;this suggests a need to mainstream these (...)
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  • Does Predictive Sentencing Make Sense?Clinton Castro, Alan Rubel & Lindsey Schwartz - forthcoming - Inquiry: An Interdisciplinary Journal of Philosophy.
    This paper examines the practice of using predictive systems to lengthen the prison sentences of convicted persons when the systems forecast a higher likelihood of re-offense or re-arrest. There has been much critical discussion of technologies used for sentencing, including questions of bias and opacity. However, there hasn’t been a discussion of whether this use of predictive systems makes sense in the first place. We argue that it does not by showing that there is no plausible theory of punishment that (...)
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