34 found
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  1.  24
    Why Law Matters.Alon Harel - 2014 - Oxford, United Kingdom: Oxford University Press.
    Why Law Matters argues that public institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value. Examining the value of rights, public institutions, and constitutional review, the book criticises instrumentalist approaches in political theory, claiming they fail to account for their enduring appeal.
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  2.  65
    The Case Against Privatization.Avihay Dorfman & Alon Harel - 2013 - Philosophy and Public Affairs 41 (1):67-102.
  3.  8
    Can AI-Based Decisions be Genuinely Public? On the Limits of Using AI-Algorithms in Public Institutions.Alon Harel & Gadi Perl - 2024 - Jus Cogens 6 (1):47-64.
    AI-based algorithms are used extensively by public institutions. Thus, for instance, AI algorithms have been used in making decisions concerning punishment providing welfare payments, making decisions concerning parole, and many other tasks which have traditionally been assigned to public officials and/or public entities. We develop a novel argument against the use of AI algorithms, in particular with respect to decisions made by public officials and public entities. We argue that decisions made by AI algorithms cannot count as public decisions, namely (...)
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  4.  27
    Theories of rights.Alon Harel - 2004 - In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Oxford, UK: Blackwell. pp. 191–206.
    This chapter contains section titled: Introduction The Nature of Rights: Logic, Substance, and Strength Rights and Their Role in Moral Theory Conclusion References.
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  5.  39
    The Duty to Criminalize*: To be tortured would be terrible; but to be tortured and also to be someone it was not wrong to torture would be even worse†.Alon Harel - 2015 - Law and Philosophy 34 (1):1-22.
    The state has a duty to protect individuals from violations of their basic rights to life and liberty. But does the state have a duty to criminalize such violations? Further, if there is a duty on the part of the state to criminalize violations, should the duty be constitutionally entrenched? This paper argues that the answer to both questions is positive. The state has a duty not merely to effectively prevent violations of our rights to life and liberty, but also (...)
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  6.  61
    Why only the state may inflict criminal sanctions: The case against privately inflicted sanctions: Alon Harel.Alon Harel - 2008 - Legal Theory 14 (2):113-133.
    Criminal sanctions are typically inflicted by the state. The central role of the state in determining the severity of these sanctions and inflicting them requires justification. One justification for state-inflicted sanctions is simply that the state is more likely than other agents to determine accurately what a wrongdoer justly deserves and to inflict a just sanction on those who deserve it. Hence, in principle, the state could be replaced by other agents, for example, private individuals. This hypothesis has given rise (...)
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  7.  50
    Outsourcing Violence?Alon Harel - 2011 - Law and Ethics of Human Rights 5 (2):396-413.
  8.  30
    Defending Why Law Matters: Responses to Commentaries.Alon Harel - 2017 - Criminal Law and Philosophy 11 (4):847-859.
    Why Law Matters examines various legal and political institutions and procedures and argues that the desirability of these institutions and procedures is not contingent and does not hinge on the prospects that these institutions are conducive to the realization of valuable ends. Instead, various legal institutions and legal procedures that are often perceived as contingent means to facilitate the realization of valuable ends matter as such.
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  9.  6
    Disobedience as Such.Vincent Chiao & Alon Harel - forthcoming - Jurisprudence:1-18.
    Legal philosophers often ask whether a person has a reason to obey the law simply because it is the law. We ask the contrary question: does a person have a reason to disobey the law simply because it is the law? Many philosophers who have considered the question of disobedience have focused on injustice; others have defended disobedience on libertarian or anarchist grounds. In contrast, we argue that there is a content-independent reason to disobey the law even when it is (...)
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  10.  17
    Criminal Law Theory: Introduction.Mark Dsouza, Alon Harel & Re’em Segev - forthcoming - Criminal Law and Philosophy:1-4.
    This is an introduction to the special issue on criminal law theory.
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  11.  26
    7. The Boundaries of Justifiable Tolerance: A Liberal Perspective.Alon Harel - 1998 - In David Heyd (ed.), Toleration: An Elusive Virtue. Princeton University Press. pp. 114-126.
  12.  16
    Whose Home Is It? Reflections on the Palestinians' Interest in Return.Alon Harel - 2004 - Theoretical Inquiries in Law 5 (2):333-366.
    This paper investigates whether Palestinians have an interest in return rather than a mere interest in settling within the territory of a state that provides them with civil rights and economic opportunities. The paper establishes the following three claims. First, Palestinians have some interests in return to the territory of Palestine-Israel. Second, many of these interests can be satisfied by establishing an independent Palestinian state in part of historical Palestine. Third, some of these interests are similar to the interests that (...)
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  13.  18
    The Kantian case against democracy.Alon Harel - 2023 - Critical Review of International Social and Political Philosophy 26 (2):243-250.
    Contrary to what Cordelli argues, the relationship between Kantian legitimacy and democratic decision-making is contingent rather than necessary. This paper counters the connection between Kantian legitimacy and democracy in three ways: by arguing that democratic authorization is (i) not necessary, (ii) not sufficient, and indeed may be (iii) detrimental to, legitimate governance.
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  14.  12
    : Democratic Law.Alon Harel - 2023 - Ethics 133 (3):455-461.
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  15. Jonathan Wolff.Miriam Cohen Christofidis, Roger Crisp, Avner de-Shalit, Simon Duffy, Ronald Dworkin, Alon Harel, John Harris, W. D. Hart, Dan Hausman & Richard Hull - 2009 - In Kimberley Brownlee & Adam Cureton (eds.), Disability and Disadvantage. Oxford University Press.
     
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  16. Cambridge Handbook on Privitization.Avihay Dorfman & Alon Harel (eds.) - 2021
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  17.  9
    The Cambridge Handbook of Privatization.Avihay Dorfman & Alon Harel (eds.) - 2021 - Cambridge University Press.
    Some goods and services seem to be fundamentally public, such as legislation, criminal punishment, and fighting wars. By contrast, other functions, such as garbage collection, do not. This volume brings together prominent scholars from a range of academic fields - including law, economics, philosophy, and sociology - to address the core question of what makes a certain good or service fundamentally public and why. Sometimes, governments and other public entities are superior because they are more likely to get at the (...)
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  18.  15
    A Defense of Non-Representational Constitutionalism: Why Constitutions Need Not Be Representational.Alon Harel - 2020 - The Law and Ethics of Human Rights 14 (2):181-197.
    The standard opinion is that the force of the constitution hinges on the fact that it is willingly endorsed by the people or, at least representative of the people. This Article challenges this view. More specifically, I differentiate between two types of legitimation: representational legitimation and non-representational or reason-based legitimation. While representational legitimation rests on the fact that the constitution is representative of who the people are or what they want, reason-based constitutions are based on the judgement that the constitution (...)
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  19. Constitutionalism and Justice.Alon Harel - 2019 - In Ester Herlin-Karnell & Matthias Klatt (eds.), Constitutionalism Justified: Rainer Forst in Discourse. Oxford University Press, Usa.
     
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  20.  8
    Economic Culturalism: A comment on Dennis Mueller, Defining Citizenship.Alon Harel - 2002 - Theoretical Inquiries in Law 3 (1).
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  21. In Defense of an Involuntary Polity: Comments on Otsukaʼs Vision of the Consensual Polity.Alon Harel - 2006 - Iyyun 55:310-316.
     
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  22.  11
    of Responsibility: A Defence.Alon Harel - 2011 - In Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff. Oxford University Press. pp. 103.
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  23.  20
    On the Irrelevance of Neuroscience to Moral Theory.Alon Harel - 2015 - Law and Ethics of Human Rights 9 (2):173-179.
    Journal Name: The Law & Ethics of Human Rights Issue: Ahead of print.
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  24.  10
    On the Irrelevance of Neuroscience to Moral Theory.Alon Harel - 2015 - The Law and Ethics of Human Rights 9 (2):173-179.
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  25.  17
    Reply.Alon Harel - 2018 - Jurisprudence 9 (1):159-168.
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  26.  31
    R. A. Duff, Lindsay Farmer, S. E. Marshall, Massimo Renzo and Victor Tadros : The Constitution of the Criminal Law: Oxford University Press, Oxford, 2013, 250 pp, ISBN: 978-0-19-967387-2.Alon Harel - 2016 - Criminal Law and Philosophy 10 (3):603-610.
    This book is a collection consisting of an introduction and nine essays that explore foundational aspects of criminal law. As the introduction makes clear, the book is eclectic and the essays can be classified under three main headings. The first group of essays explores the political constitution of criminal law as part of the institutional structure of the state. The second group of essays investigates the question of the authority of criminal law and its potential to create reasons for action. (...)
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  27.  66
    Regulating Modesty-Related Practices.Alon Harel - 2007 - Law and Ethics of Human Rights 1 (1):213-236.
    This Paper explores the justifications for regulating modesty-related practices in liberal societies and uses two examples of modesty-related practices— the practice of wearing the hijab and the practice of separating men and women in buses—in order to demonstrate that modesty-related practices often rest on different rationales. Some of these rationales are oppressive and discriminatory while other are benign or even autonomy-enhancing. The multiplicity of meanings associated with modesty-related practices is a challenge to the policy maker. The Paper proposes that sometimes (...)
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  28.  11
    Rethinking the principle of authority.Alon Harel - 2020 - Jurisprudence 11 (2):243-247.
    In his admirable book Dimensions of Dignity, 1 Jacob Weinrib develops a comprehensive dignity-based theory of public law. Weinrib's ‘unified theory’ of public law rests on dignity; dignity, under h...
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  29. The Triadic Relational Structure of Responsibility: A Defence.Alon Harel - 2011 - In Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff. Oxford University Press.
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  30. Which Preferences Can Democracy Serve?Alon Harel & Moses Shayo - unknown
  31.  28
    An Economic Rationale for the Legal Treatment of Omissions in Tort Law: The Principle of Salience.Assaf Jacob & Alon Harel - 2002 - Theoretical Inquiries in Law 3 (2).
    This paper provides an economic justification for the exemption from liability for omissions in torts and for the exceptions to this exemption. It interprets the differential treatment of acts and omissions under tort law as a proxy for a more fundamental distinction between harms caused by multiple injurers, where each one can single-handedly prevent the harm, and harms caused by a single injurer. Since the overall cost to which a group of injurers is exposed is constant, attributing liability to many (...)
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  32.  15
    Detachment and attributability as foundational features of legal norms: a review of Knowing What the Law Is. [REVIEW]Alon Harel - 2023 - Jurisprudence 14 (4):515-520.
    There are many books on legal theory that are devoted to describing different accounts of law, criticising some theories, supporting others, and at times even developing new ones. Typically, howeve...
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  33.  22
    Alan Brudner and the Contemporary Significance of Hegel's Philosophy of Law. [REVIEW]Alan Brudner, Hamish Stewart, Dudley Knowles, Alon Harel & Tony Burns - 2012 - Jurisprudence 3 (1):211-251.
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  34.  59
    Rights-based judicial review: A democratic justification. [REVIEW]Alon Harel - 2003 - Law and Philosophy 22 (s 3-4):247-276.
    This paper investigates the accusation that judicial review is undemocratic. It argues that the alleged tension between judicial review and democracy fails to account for the fact that the content of rights and their scope depends on societal convictions and moral judgments of the public. Such dependence suggests that rights-based judicial review can be described as an alternative form of democratic participation.
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