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169 views

How to interpret an 'if' nested within another 'if'?

Source: p 153, Letters to a Law Student, 1 ed (2006), by McBride Section 2 of the Theft Act 1968 (title: “ ‘Dishonestly’ ”) provides that: (1) A person’s appropriation of property ...
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2answers
207 views

Is the age of Tristan Kurilla (10 year old charged with homicide) relevant to his trial

One of the top news stories today is that of Tristan Kurilla, a fifth-grader from Pennsylvania, who is being charged with criminal homicide after beating a woman to death. Kurilla is currently being ...
2
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2answers
64 views

Philosophical terms for the different kinds of acceptance of a rule

I'm trying to write a philosophy essay and I'm trying to distinguish between three different ways in which agents may accept or believe in a rule: That a rational agent seeking the best outcome (for ...
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1answer
103 views

What kinds of philosophy are described by these questions? How to self-learn them?

Is there a formal branch or name for the kind(s) of philosophy needed to answer questions like the following ? If so, how can I self-learn it? I stress that no legal knowledge is required. The ...
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1answer
169 views

How to self-learn legal arguments, logic, and reasoning?

What are some readable, eloquent (without legalese) books on arguments, fallacies, logic, and reasoning, as applied and used in law? This question is aimed towards a greenhorn/tenderfoot with ...
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5answers
250 views

Lawyers and crimes: moral, work ethics, truth and culpability

If a lawyer that is representing a defendant finds that his client is guilty, how is he supposed to act? Can a lawyer lie or pretend he doesn't know something? Should or could he, morally, try to win ...
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1answer
23 views

Law and The Formula of Humanity

There seems to be a clear notion of "taking into consideration" the humanity of others in the Formula of Humanity. "Every rational being exists as an end in himself, not merely as a means for ...
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2answers
418 views

Should governments have the power to limit the citizen's rights during wartime?

Should the government be allowed to limit their citizens rights during wartime or other hard times that the country is going through? What if it was an apocalyptic event that everyone knew they would ...
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2answers
40 views

Is State liable is a violent crime is committed because of the State laws?

US Supreme Court made numerous rulings that police does not have a duty to protect individuals. This effectively leaves nobody US residents to rely on for protection except themselves. However, ...
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3answers
122 views

Viewpoints of how the law should apply to authorities

When it comes to the question as to what extent authorities in a state should be bound by the laws of the state (which they often make themselves), there seem to be two main viewpoints, one of them ...
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0answers
96 views

Is Webers definition of a nation state applicable in other contexts?

Max Weber, in his essay politics as a vocation defined the nation state as that which can 'successfully uphold a claim on the monopoly of the legitimate use of physical force within a specific ...
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3answers
6k views

What's the difference between a 'duty' and 'obligation'?

Background I enrolled in a class, The Philosophy of Human Rights. The authors of the course readings never use 'duty' and 'obligation' interchangeably, so I suspect that the terms may have distinct ...
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2answers
377 views

A Marxist Theory of Justice?

I am stuck in a vast amount of papers concerning Marx's view of justice, written in the 70s, 80s and 90s, disputing and contradicting each other. With my current knowledge of Marx, it is sometimes ...
2
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3answers
197 views

Is it possible to define (legally-useful) inalienable natural rights without a deity?

Here's my understanding of natural rights: Natural rights are those rights inherent to a being. Those rights are inalienable if they may not be overridden by social contract. Without some sort of ...
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2answers
86 views

Must a self-legislating citizenry guarantee itself freedom of speech?

Specifically I want to know whether a constitution that is authored by its own citizens must contain a guarantee of free expression. And why? The intent is to retain the capacity of self-legislation ...
1
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1answer
64 views

How do philosophers distinguish between rights that beg legislation vs. those that not?

I have over the years seen podcasts or iTunes lectures from Michael Sandel's justice lectures at Harvard. He asks many profound questions. The problem I have is that most of them seem to be based ...
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1answer
109 views

Are there two fundamental views of rights?

I once saw a cartoon / infographic that attempted to explain the differences between liberals and conservatives. It had plenty of details that were subjective questions or might be said to be due to ...
2
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4answers
237 views

Can one ask for more than they deserve?

I would appreciate if answers can cite the individuals or religious-paradigm that derive the answer. The concept of being 'deserving' suggested an availability, if not a right, to something. ...
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6answers
686 views

Should attempted murder be a lesser crime than murder?

It is often the case that a person convicted of attempted murder receives a lesser punishment than if they had been successful in committing the crime. As far as I am aware, there are four main ...
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1answer
91 views

Collecting any formalisations of morality

I'm collecting formalizations of "morality" of any philosophical school. (My special wishes is anything for Kant, which I don't understand and for whom I didn't find anything seriously formal, at ...
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1answer
318 views

Is Nozick's Criticism of Rawls correct?

When Nozick says distributive justice 'marks a shift from the classical liberal notion of self ownership to a notion of property rights in others', is this a fair criticism of Rawls and distributive ...
4
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2answers
86 views

Violation of everyday rights or “whose right to what did I violate today?”

The idea of rights seems to be strongly, if not inextricably, connected to the idea of duties. As far as I remember in philosophy of law this is referred to as "reciprocity". If I must do something, ...
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0answers
55 views

Did Kant believe the enlightened and moral republican public could make up for legislative and executive institutions? [closed]

Kant's theoretical work Perpetual Peace could be seen as limited insofar as he didn't really provide any detailed thoughts on the legislative and executive institutions that would make international ...
3
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1answer
174 views

What are Kant's Permissive Laws?

My new term brings new questions, this time concerning Kant's "Perpetual Peace" (you can read most of it here). The preliminary articles can be differentiated: All of them are prohibitive rules, but ...
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1answer
138 views

What is the intrinsic difference between freedom of speech and freedom of deeds?

What are philosophical reasons for approving of freedom of speech but not of freedom of deeds? If teasing the others by speech is allowed, why not by deeds? If freedom of deeds is wrong, then why ...
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1answer
86 views

Alternative to Illegalisation

The problem of illegalisation is that crimes have to be controlled and prevented by the state (police) and this assignment can never be concluded (of course crime will still happen and not every ...
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3answers
781 views

Is unauthorized downloading of music stealing?

On the one hand, when you download music you are merely making a copy of something. You aren't depriving someone of a physical object. You aren't really taking anything. On the other hand, when you ...
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5answers
453 views

If the “right to life” is denied in abortion, isn't it also denied in the use of the death penalty?

Many people who support death penalty are also against abortion, and vice-versa. What is the moral difference between the two? In both cases, isn't the "right to life" of another being violated? ...
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8answers
3k views

When is it right to break the rules? [closed]

Not really an history question but the ethics/philosophy question came about while thinking of history. Lincoln violated the constitution a few times and although he's universally recognized as a ...
7
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1answer
147 views

Which if any contemporary philosophers have written about the potential negative effects of “reverse” discrimination?

In many cases when I talk about how I think, I find it useful to abstract the messy real sources of inspiration into a pure dialogue with my friend Matt. In this case, Matt and I were talking about ...
10
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2answers
199 views

Is it ethical for governments to compel their citizens to lead healthy lives?

Dr Peter Agre(MD) recently said this at the Lindau Meeting (Original full text from Ars Technica) Agre also noted that many of the biggest public health problems are a result of lifestyle ...
7
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1answer
427 views

What are the fundamental philosophical questions reflected in the American legal system?

I am interested in the link between philosophy and legal systems, in particular the American legal system (and English heritage) and the underlying ideas in play. At a high-level, it seems to me ...
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4answers
8k views

What are prominent attacks of Rawls' “veil of ignorance” argument? Which liberal philosophers have advanced it?

In John Rawls' A Theory of Justice, he argues that morally, society should be constructed politically as if we were all behind a veil of ignorance; that is, the rules and precepts of society should be ...