"End-Of-Law week drinkS @ ACT Magistrates Court: Friday 20 May 2005." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (198), pp. 24.

We need to acknowledge that the members of most modern societes adhere to different and partially contradictory moral convictions which to overcome we yet don’t have the intellectual means. Since such convictions typically include opions about which moral rules should be established as laws there will be disagreement about the correct rules of law as well. The article investigates the possibilities to find a system of laws that all can accept on the basis of such moral pluralism. It develops six (...) steps and models for the required justification. As the final step has the form of a strategic negotiation the concluding section explores which forms of representation and which deviations from unanimity are acceptable within this procedural model of justification. (shrink)

To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality (...) lurks a range of different understandings. This volume brings together many of the world's leading constitutional theorists - proponents and critics of proportionality - to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning. Their essays provide important new perspectives on this leading doctrine in human rights law. (shrink)

Un des problèmes persistants pour la philosophie pratique est de découvrir un procédé adéquat pour justifier des lois dont la finalité est de réguler le fonctionnement des démocraties constitutionnelles. Les libéraux partisans de la raison publique nient que cette justification puisse provenir de doctrines substantielles, étant donné que les lois doivent pouvoir être justifiées par tous les citoyens (raisonnables). La tradition de la loi naturelle offre un test utile quant à la plausibilité de cette thèse. L’article montre comment les (...) deux versions du libéralisme de la raison publique diffèrent quant à leur acceptation de raisons tirées du droit naturel, et pourquoi, étant donné l’influence de leurs points de départs disparates sur les critères normatifs par lesquels elles évaluent les lois, les partisans du droit naturel ont de bonnes raisons de les rejeter toutes les deux. (shrink)

Take a correct sequent of formal logic, perhaps a simple logical truth, like the law of excluded middle, or something with premises, like disjunctive syllogism, but basically a claim of the form \.Γ can be empty. If you don’t like my examples, feel free to choose your own, everything I have to say should apply to those as well. Such a sequent attributes the properties of logical truth or logical consequence to a schematic sentence or argument. This paper aims to (...) answer the question of how beliefs in such attributions are justified, on both its descriptive and normative interpretations; I aim to say when we generally take ourselves to be justified in forming such beliefs, and to make it plausible that beliefs formed this way really are justified.We can ask such questions about many domains but there are special difficulties for answering them in logic. Some of the difficulties stem from the fact that logic is thought t.. (shrink)

The proof-theoretic analysis of logical semantics undermines the received view of proof theory as being concerned with symbols devoid of meaning, and of model theory as the sole branch of logical theory entitled to access the realm of semantics. The basic tenet of proof-theoretic semantics is that meaning is given by some rules of proofs, in terms of which all logical laws can be justified and the notion of logical consequence explained. In this paper an attempt will be made to (...) unravel some aspects of the issue and to show that this justification as it stands is untenable, for it relies on a formalistic conception of meaning and fails to recognise the fundamental distinction between semantic definitions and rules of inference. It is also briefly suggested that the profound connection between meaning and proofs should be approached by first reconsidering our very notion of proof. (shrink)

Clarence Morris argues that the more the law implements the public's genuine and important aspirations--not its desires for individual gratification but the social, deep-seated unselfish, nonexploitable aspirations--the more just the legal system becomes.

Hart commences his essays by stating what he thinks is the search and its concomitant questions. The search he asserts is for principles to justify punishment. Unfortunately, no attempt is made to describe criteria of justification, let alone what is meant by principles. The questions that arise are in terms of giving a general justification for punishing individuals and for determining the severity of that punishment; and of establishing the appropriate method for selection of objects of punishment. No (...) reference is made to a general societal system, nor to the nature of a whole criminal process functioning from statutes through police, to courts and judges. He then describes a "General Justifying Aim" and a system of distribution of punishment. (shrink)

Partial proceedings of the 17th World Congress, International Association for Philosophy of Law and Social Philosophy, Bologna, 1995.

In Righting Health Policy, MacDougall argues that bioethics has not developed the tools best suited for justifying health law and policy. Using Kant’s practical philosophy as an example, he explores the promise of political philosophy for making normatively justified recommendations about health law and policy.

Legal systems such as those in the United States and Canada, which include fundamental moral rights or provisions in their constitutions, present an interesting and difficult problem for legal positivists. Are such moral standards to count among the existence or validity conditions of laws in those systems, or are they better understood as fundamental objectives or justification conditions which laws may or may not achieve or respect in practice? The first option, known as inclusive legal positivism, expands the traditional (...) positivist separation thesis to mean that although there is no necessary connection between law and morality in general, it is possible that in some systems it is a necessary truth that laws reproduce or satisfy certain demands of morality. The second option, known as exclusive legal positivism, denies this possibility, and maintains instead that it is never a necessary condition that laws reproduce or satisfy certain demands of morality, even if such demands are constitutionally recognized. On the exclusive account, in the context of constitutional states such as the U.S. and Canada, the separation thesis is expanded to mean that there is no necessary connection between the existence and content of laws and the demands of political morality typically included in constitutions. In this paper I defend exclusive positivism and argue that it best follows from traditional positivist commitments and avoids what I take to be a critical problem with inclusive positivism. Further, I argue that the concepts, distinctions, and arguments deployed in the internal positivist debate are also of value in the wider debate between H.L.A. Hart and Ronald Dworkin. (shrink)

According to a famous maxim, ignorance or mistake of law is no excuse. This maxim is supposed to represent both the standard and the proper rule of law. In fact, this maxim should be qualified in both respects: ignorance and mistake of law sometimes are, and (perhaps even more often) should be, excused. But this dual qualification only reinforces the fundamental and ubiquitous assumption which underlies the discussions of the subject, namely, that the only ground of exculpation relevant to ignorance (...) or mistake of law is excuse due to lack of (sufficient) culpability. The paper challenges this consensus. I argue that, according to the best conception of justification, ignorance and mistake, including ignorance and mistake of law, could be justified. Generally, ignorance and mistake are justified when based on a rational analysis of the information the agent has and should have. The conceptual possibility of justified ignorance or mistake is demonstrated mainly with respect to ignorance or mistake of law due to reliance on the guidance of public officials or private lawyers. (shrink)

Society has historically not taken a benign view of genetic disease. The laws permitting sterilization of the mentally re tarded~ and those proscribing consanguineous marriages are but two examples. Indeed as far back as the 5th-10th centuries, B.C.E., consanguineous unions were outlawed (Leviticus XVIII, 6). Case law has traditionally tended toward the conservative. It is reactive rather than directive, exerting its influence only after an individual or group has sustained injury and brought suit. In contrast, state legislatures have not been (...) inhibited in enacting statutes. Many of their products can be characterized as hasty, unnecessary, ill-conceived, and based on the heart rather than the head. Moreover the lack of expert consultation sought has also been remarkable. One state legislature, for example, has advocated immunization for sickle cell anemia! Many others have enacted laws for the screening of inborn errors of metabolism, e.g., phenylketon uria, but have poorly defined the lines of responsibility to secure compliance. A spate of specific disease-related bills has emerged in the u.S. Congress, each seeking recognition and appropriations. Sickle cell anemia, hemophilia, Cooley's anemia and Tay-Sachs disease have been among the front-runners for support. Finally, in 1975, Congress has begun to examine an omnibus bill concerning all forms of genetic disease. The bill, termed the National Genetic Diseases Act is, however, still far from being enacted. (shrink)

According to a standard view of the second law of thermodynamics, our belief in the second law can be justified by pointing out that low-entropy macrostates are less probable than high-entropy macrostates, and then noting that a system in an improbable state will tend to evolve toward a more probable state. I would like to argue that this justification of the second law is unhelpful at best and wrong at worst, and will argue that certain puzzles sometimes associated with (...) the second law are merely artifacts of this questionable justification. *Received October 2006; revised October 2007. †To contact the author, please write to: Department of Philosophy, University of Chicago, 1115 E. 58th St., Chicago, IL 60637; e-mail: [email protected]. (shrink)

Joan Weiner has recently claimed that Frege neither uses, nor has any need to use, a truth-predicate in his justification of the logical laws. She argues that because of the assimilation of sentences to proper names in his system, Frege does not need to make use of the Quinean device of semantic ascent in order to formulate the logical laws, and that the predicate ‘is the True’, which is used in Frege's justification, is not to be considered as (...) a truth-predicate, because it does not apply to true sentences or true thoughts. The present paper aims to show that Frege needs to use, and does use, a truth-predicate in this context. It is argued, first, that Frege needs to use a truthpredicate in order to show that the truth of the logical laws is evident from the senses of the sentences by means of which they are formulated, and second, that the predicate that he actually uses, ‘is the True’, must be considered as a truth-predicate in the relevant sense, because it can be used and is actually used by Frege to explain the truth-conditions of thoughts. To defend this interpretation, it is discussed whether the explanatory use of ‘is the True’ in Frege's system is compatible with his deflationary analysis of ‘true’. The paper's conclusion is that there is indeed a conflict here; but, from Frege's point of view, this conflict is due merely to the logical imperfection of natural language and does not affect the proper system but only its propaedeutic. (shrink)

Papers presented at the IVR 11th World Congress, Helsinki, 1983.

Whistleblowing is the act of disclosing information from a public or private organization in order to reveal cases of corruption that are of immediate or potential danger to the public. Blowing the whistle involves personal risk, especially when legal protection is absent, and charges of betrayal, which often come in the form of legal prosecution under treason laws. In this article we argue that whistleblowing is justified when disclosures are made with the proper intent and fulfill specific communicative constraints in (...) addressing issues of public interest. Three communicative constraints of informativeness, truthfulness and evidence are discussed in this regard. We develop a ‘harm test’ to assess the intent for disclosures, concluding that it is not sufficient for justification. Along with the proper intent, a successful act of whistleblowing should provide information that serves the public interest. Taking cognizance of the varied conceptions of public interest, we present an account of public interest that fits the framework of whistleblowing disclosures. In particular, we argue that whistleblowing is justified inter alia when the information it conveys is of a presumptive interest for a public insofar as it reveals an instance of injustice or violation of a civil or political right done against and unbeknown to some members of a polity. (shrink)

Philosophical accounts of punishment are primarily concerned with punishment by the (or: a) state. More specifically, they attempt to explain why the (a) state may justifiably penalize those who are judged to violate its laws and the conditions under which it is entitled to do so. But any full account of these matters must surely be grounded in an account of the nature and purpose of the state and the justification of state authority. Because they are not so grounded, (...) deterrence and retributive theories are incomplete as they are typically formulated. The intuitions behind these theories can be satisfied in a variety of complete theories, i.e., theories that understand the justification of punishment in relation to the justification of state authority. A consequence of this is that at least some of the intuitions underlying deterrence and retributive theories can be satisfied at the same time by a given theory. (shrink)

Aus dem Inhalt: Views from the North: Hans Petter Graver: Law, Justice and the State: Nordic Perspectives u Jacob Dahl Rendtorff: The Danish Welfare State: Philosophical Ideals and Systemic Reality u Sigri!Dur *orgeirsdottir: Feminist Ethics and Feminist Politics u Kuellike Lengi: The Situation of Human Rights in Estonia u Einar Palsson: Pythagoras and Early Icelandic Law u Law, Discourse and Rationality: Mats Flodin: Internal and External Rationality of Legal Systems u Logi Gunnarsson: A Discourse About Discourse u Hjordi!s Hakonardottir: Legal (...) Language: A Tool of Justice u Ghita Holmstrom-Hintikka: On the Use of Expert Witness in Legal Reasoning and Inquiry u Law, State and Nation: Agust H. Ing*orsson: Democracy, Bureaucracy and Marginalization of the State u Aleksander Peczenik: Law-State, Legal Certainty and Legitimacy of Law u Ove K. Pedersen/Sverre Raffnsoe: Reorganizing Society u Juha Raikka: Mill on National Sentiment u Pall Skulason: Concepts of the State and Classes of Value u Problems of Law and Rights: Britt-Mari Blegvad: How to Cope With Uncertainty: Trust and Law u Jon Wetlesen: Animal Rights or Human Duties?. (shrink)