16 found
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  1. The Good, The Bad, and the Puzzled: Coercion and Compliance.Lucas Miotto - 2021 - In Jorge Luis Fabra Zamora & Gonzalo Villa Rosas (eds.), Conceptual Jurisprudence: Methodological Issues, Conceptual Tools, and New Approaches.
    The assumption that coercion is largely responsible for our legal systems’ efficacy is a common one. I argue that this assumption is false. But I do so indirectly, by objecting to a thesis I call “(Compliance)”, which holds that most citizens comply with most legal mandates most of the time at least partly in virtue of being motivated by legal systems’ threats of sanctions and other unwelcome consequences. The relationship between (Compliance) and the efficacy of legal systems is explained in (...)
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  2.  15
    What makes Law Coercive when it is Coercive.Lucas Miotto - 2021 - Archiv für Rechts- und Sozialphilosophie 107 (2):235-250.
    Most legal and political philosophers agree that typical legal systems are coercive. But there is no extant account of what typically makes typical legal systems coercive when they are coercive. This paper presents such an account and compares it with four alternative views. Towards the end I discuss the proposed account’s payoffs. Among other things, I show how it can help us explain what I call ‘comparative judgements’ about coercive legal systems (judgements such as ‘Legal system a is more coercive (...)
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  3. Law, Coercion and Folk Intuitions.Lucas Miotto, Guilherme F. C. F. Almeida & Noel Struchiner - 2023 - Oxford Journal of Legal Studies 43 (1):97-123.
    In discussing whether legal systems are necessarily coercive, legal philosophers usually appeal to thought experiments involving angels or other morally driven beings who need no coercion to organise their social lives. Such appeals have invited criticism. Critics have not only challenged the relevance of such thought experiments to our understanding of legal systems; they have also argued that, contrary to the intuitions of most legal philosophers, the ‘man on the Clapham Omnibus’ would not hold that there is law in a (...)
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  4.  58
    Law and Coercion: Some Clarification.Lucas Miotto - 2021 - Ratio Juris 34 (1):74-87.
    The relationship between law and coercion has been, and still is, a central topic in legal philosophy. Despite this, discussion about it is immersed in confusion. Some philosophers have noticed this, but hardly any work has been done to attempt to solve or even identify the confusions. This paper aims to fill this gap. Here I propose distinctions and qualifications that help us clarify the relationship between law and coercion and avoid confusion. Building on the clarificatory work, I then argue (...)
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  5. Manipulation, Real-Time Profiling, and their Wrongs.Jiahong Chen & Lucas Miotto - 2022 - In Michael Klenk & Fleur Jongepier (eds.), The Philosophy of Online Manipulation. Routledge. pp. 392-409.
    Technology scholars and journalists have recently called attention to digital platforms’ and devices’ ability to influence users based on their present moods, stress level, hunger, and other transient features. For them, such influence based on users’ present status – what the chapter calls “real-time profiling” – is not only a clear form of wrongful manipulation but also online manipulation’s future. The chapter aims to explain what makes real-time profiling wrong (when wrong) and discusses problems associated with its regulation. After explaining (...)
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  6. What Makes Law Coercive When it is Coercive.Lucas Miotto - 2021 - Archiv Fuer Rechts Und Sozialphilosphie 107 (2):235-250.
    Most legal and political philosophers agree that typical legal systems are coercive. But there is no extant account of what typically makes typical legal systems coercive when they are coercive. This paper presents such an account and compares it with four alternative views. Towards the end I discuss the proposed account’s payoffs. Among other things, I show how it can help us explain what I call ‘comparative judgements’ about coercive legal systems (judgements such as ‘Legal system a is more coercive (...)
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  7. Sanctioning.Lucas Miotto - 2018 - Jurisprudence 9 (2):236-250.
    Up until recently, most legal philosophers have argued that an action is a token of sanctioning if, and only if, (i) its performance brings about unwelcome consequences to the targets, and (ii) it is performed as a response to the breach of a duty. In this paper I take issue with this account. I first add some qualifications to it in order to present it in its most plausible form. After doing this, I advance a series of hypothetical cases which (...)
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  8. Eu Não Quero Saber! Uma Defesa do Direito de Não Saber Como Independente do Direito à Privacidade.Lucas Miotto - 2014 - Direito, Estado E Sociedade 45:82-97.
    Neste artigo defendo a tese de que o direito de não saber é independente do direito à privacidade. Há duas diferenças fundamentais entre esses dois direitos que os tornam independentes: (1) a direção da informação do direito de não saber é oposta a do direito à privacidade e (2) o âmbito do direito de não saber é maior do que o do direito à privacidade. Pretendo clarificar essas diferenças e fazer algumas qualificações sobre o direito de não saber, tal como (...)
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  9.  10
    Transitional Health Justice.Himani Bhakuni & Lucas Miotto - 2023 - In Himani Bhakuni & Lucas Miotto (eds.), Justice in Global Health: New Perspectives and Current Issues. Routledge.
    In the past few years, health and human rights scholars have stressed upon the need for rebuilding or reforming our health systems to make them both more resilient to health emergencies and less prone to nurturing inequalities. Discussions about health reform often centre on the ends of reform: the kind of health systems that should be built and the demands of justice that they should be able to satisfy once reformed. However, little has been said about the demands of justice (...)
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  10.  26
    Don’t Feel Threatened by Law.Lucas Miotto - 2022 - Canadian Journal of Law and Jurisprudence 35 (2):487-509.
    The idea that legal systems conditionally threaten citizens is taken by most legal and political philosophers as ‘reasonably uncontroversial,’ ‘obvious,’ or as portraying ‘a large part of how law operates.’ This paper clarifies and ultimately rejects this idea: our legal systems, it is argued, rarely address citizens via conditional threats. If correct, the conclusion defended in this paper might force us to re-examine core debates in legal and political philosophy that rely on the assumption that legal systems often threaten citizens: (...)
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  11.  56
    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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  12.  25
    Conscientious objection to abortion in the developing world: The correspondence argument.Himani Bhakuni & Lucas Miotto - 2020 - Developing World Bioethics 21 (2):90-95.
    In this paper we extend Heidi Hurd’s “correspondence thesis” to the termination of pregnancy debate and argue that the same reasons that determine the permissibility of abortion also determine the justifiability of acts involving conscientious objection against its performance. Essentially, when abortion is morally justified, acts that prevent or obstruct it are morally unjustified. Therefore, despite conscientious objection being legally permitted in some global south countries, we argue that such permission to conscientiously object would be morally wrong in cases of (...)
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  13.  28
    Justice in Global Health: New Perspectives and Current Issues.Himani Bhakuni & Lucas Miotto (eds.) - 2023 - Routledge.
    Rather than making another attempt at proposing a single and unifying theory of global health justice, this timely collection brings together, instead, scholars from a range of traditions to frame the issue more broadly, highlighting not only different perspectives but also key topics and debates. -/- The volume features chapters that offer both new theoretical approaches to global health justice, as well as fresh takes on existing frameworks. Others adopt a bottom-up approach to tackle specific problems, including the sexual rights (...)
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  14.  49
    Law and Coercion Introduction.Lucas Miotto - 2016 - Jurisprudence 7 (3):523-524.
  15.  34
    O que há de errado com a pornografia?Lucas Miotto - 2013 - Fundamento 1 (4):109-123.
    My aim in this essay is to show that some of the arguments usually offered by the feminist movements and conservatists against the pornography are not sound, and so, are not sufficient to hold that pornography is morally wrong.
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  16.  61
    Evaluating the Force of Law's Force. [REVIEW]Lucas Miotto - 2015 - Australian Journal of Legal Philosophy 40:229-236.