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28 views

Why is it an Appeal to Pity if a defense attorney evidences misfortune of the defendant?

Source: p 236-237, With Good Reason, An Introduction to Informal Fallacies (2000 6 ed) by York U. Prof. S. Morris Engel   The trouble with such appeals [to Pity] is that, however are, they may ...
0
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1answer
51 views

What is erroneous about attacking someone's trying to understand how to live life?

Original Source: Michael E. Tigar BA JD (Univ. of California, Berkeley), “Defending,” Texas Law Review 74 (1995). Source: p 196, How Can You Represent Those People? (2013) by Abbe Smith, Monroe ...
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0answers
10 views

Can I use “nomothetic” to refer to the calculus correctness perspective in the Tractatus?

I'm doing a comparison between the Tractatus Logico Philosophicus and the Philosophical Investications. I want to remark the difference between the solid formal edifice built in the former, in ...
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0answers
12 views

How is determination of purpose Individualist, but determination of knowledge Majoritarian?

Source: p 227, Thinking Like a Lawyer: An Introduction to Legal Reasoning (2010, 2 ed) by Kenneth J. Vandevelde. The following quote is based on p 225 that summarises Asahi Metal Industry Co. v. ...
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2answers
81 views

How can opposing policies under the Particular-Universal Dualism still function well together?

Source: pp 167-168, Thinking Like a Lawyer: An Introduction to Legal Reasoning (2010, 2 ed) by Kenneth J. Vandevelde. Can someone please explain and demystify (make more intuitive) the paradox per ...
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0answers
12 views

Is it 'simply implausible' that minute regulations are rooted in God’s will or the nature of the universe?

Source: p 154, Thinking Like a Lawyer: An Introduction to Legal Reasoning (2010, 2 ed) by Kenneth J. Vandevelde   Third, much law in the modern world governs mundane, trivial matters that could ...
0
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1answer
34 views

Which branches of philosophy matter most to law, law students, and academics?

This question presumes that after reading short introductions, the best next step is to read introductory textbooks from each branch of philosophy. Feel free to challenge this presumption. Then ...
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2answers
93 views

Is my interpretation of Objectivism in relation to environmental preservation correct? [closed]

Objectivism states, among the ethical aspects of its philosophy, that no human has the right to physically harm another in even the tiniest portion, except as just punishment. Environmental ...
3
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0answers
62 views

What is a strong argument that shows social rules exist? [closed]

Aside from an appeal to common sense, what are the strongest contemporary arguments for the existence of social rules? By social rules, I mean social rules in the tradition of Durkheim, Weber, Hart, ...
3
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2answers
76 views

How does one justify “to deserve” when punishing or sentencing?

The idea of issuing punishment for justice, because the agent of some crime "deserves" it has always bothered me. How does one justify what one deserves? Obviously this is a subjective value ...
0
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1answer
42 views

First books about philosophy of law, for a novice with no exposure?

I define exiguous to mean the shortest and easiest introductions (< 300 pages) of philosophy. This question premises a reader with zero exposure to philosophy of law. Please correct me if I erred ...
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3answers
73 views

Does criminal law have different rules for “evidence” than general science?

It looks to me like (at least here in USA) the court of law does not always require empirical evidence to sentence someone to death. Rather it seems that the person can be sentenced as long as there ...
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4answers
326 views

Can any consensual activity be wrong?

What are the philosophical arguments / frameworks that view at least seemingly consensual activities (e.g incest, killing (assisted suicide), mutilation, gay sex ) involving one or more autonomous ...
8
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2answers
196 views

Is there a demarcation problem for religions?

So far, all of the philosophy of religion I have read focuses on the questions of God's existence and on the problem of evil. It seems to me that just as important would be the question of what a ...
1
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3answers
178 views

Capital punishment and morality

I'm surprised this never came up. For me, capital punishment may or may not have its place, but if it does then it acts to absolve the punished individual of their guilt. Sometimes this is preferable ...
2
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1answer
130 views

Laws are made for humans, but does everyone classify as a human? [closed]

By law, even the worst criminals may be pardoned on grounds of mercy etc. But if an animal attacks or even kills a human, it can be put down. My question is: Shouldn't there be 'rules' to determine ...
1
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1answer
49 views

How would binding soldiers to war against their will, mock a legal system?

Source: Unjust War ..., by PAUL CHRISTOPHER, from Parameters Autumn 1995, pp 4-8. Moreover, it is profoundly arrogant for officers to take the view, as some do, that after the national debate ...
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4answers
172 views

What can be plausible justification for the judges' subjectivity in interpreting some laws? (More questions below)

The Judiciary generally holds the power to interpret the law based on the legislative intent. However, some of their judgments may be counter-intuitive, if not contrary to the clear and unmistakable ...
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2answers
122 views

How would Kant decide whether a law is ethical?

From what I understand, I know that Kant believes that the purpose of government is to "[hinder] a hindrance to freedom" that people could impose on others. Additionally, in a Kantian government ...
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1answer
139 views

German philosophers on (french) revolution

I'm reading an essay written by the Italian philosopher Remo Bodei, where he examines the thoughts of some German philosopher on the french revolution and revolutions in general. According to him, ...
0
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1answer
116 views

What's the difference between true statements and real information? [closed]

In Sweden we have legislation about "Osant intygande" - "Untrue verification" e.g. false and fabricated Ph D diploma or similar "Oriktig uppgift" - "Not a real piece of information" e.g. ...
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4answers
324 views

How to dissect or parse 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
262 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
114 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 ...
1
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1answer
161 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 ...
1
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1answer
289 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 ...
1
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6answers
497 views

If a lawyer that is representing a defendant finds that his client is guilty, how is he supposed to act?

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 ...
0
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1answer
44 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
937 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 ...
1
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2answers
45 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, ...
3
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7answers
432 views

If one is presumed innocent until proven guilty beyond any reasonable doubt, why wrongful convictions are so common?

Is it because we don't get the actual meaning of "proven" so we implement the concept in a faulty way ? Is it because "reasonable" varies too much from person to person ? Is it because the ...
4
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3answers
133 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 ...
2
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0answers
286 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 ...
3
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3answers
15k 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
572 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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5answers
273 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
94 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
vote
1answer
72 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 ...
1
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1answer
130 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
273 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. '...
8
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6answers
1k 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 ...
3
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1answer
93 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 ...
15
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1answer
412 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
101 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, ...
2
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0answers
62 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
262 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 ...
2
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1answer
182 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 ...
1
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1answer
90 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 ...
3
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3answers
968 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
588 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? ...