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Questions tagged [philosophy-of-law]

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2
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1answer
38 views

10 : 1 - Blackstone's Principle

So, Blackstone's law states that 1 innocent man going to jail is worse than 10 guilty men being set free. This principle seems to be a fundamental principle for all Western governments. I'm ...
11
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14answers
7k views

Why are legal and moral responsibilities said to be different?

It seems in most cases which laws are adopted depends on what ethical views legislators hold. There might be counterexamples when a lawmaker does not adopt laws reflecting own moral views. But I do ...
2
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3answers
100 views

What's wrong with the following argument regarding temporal limits?

Let us suppose there is a limit: you cannot buy something after 10:00PM. From the position of law, of course "cannot" must be taken directly. But from the position of common thinking, people are less ...
6
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2answers
235 views

How does Kant's absolute obligation to obey the law square with existence of unfair laws?

According to Corlett's "Is There a Moral Duty to Obey the Law?" It is a self-contradiction, Kant argues, for the law to contain within itself a law permitting citizens to disobey it. ...
5
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7answers
489 views

Is it moral to obey the law?

To be clear, I am not asking if laws are moral, or even a good approximation for a moral system. We understand that there can be moral laws and immoral laws. For example, the law prohibiting murder is ...
2
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0answers
67 views

How to judge somebody when the Poe's Law apply?

Some posts or videos may be considered racist or offensive, or they may just be parodying racist people (https://rationalwiki.org/wiki/Poe%27s_Law) What are the philosophical thoughts that proposes a ...
4
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2answers
143 views

Is it my right to choose to violate the law?

Is it my right to choose not to follow the law, provided I accept to bear the consequences? Or should I be forced to follow it at all times? The point is not whether it's right to violate the law ...
3
votes
2answers
87 views

What philosophical books criticizing secular morality are available?

I'm interested in a reading list of critics of secular morality. What authors and books are there on the subject? Can be a criticism of consequentialism, hedonism, utilitarianism, or simply a general ...
1
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0answers
38 views

Who gets to decide [closed]

Who gets do decide whether or not someone’s actions are that of justice or revenge? Who decides which is right? If one person is fighting for justice but the other is also, Who is right?
5
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12answers
3k views

Innocent until proven guilty - why?

What is the philosophical basis for the notion that somebody is "innocent until proven guilty"? This seems to imply that we can confidently assert that a person is innocent until proof to the ...
0
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0answers
33 views

What laws has supporters that do not affect its supporters?

I'm thinking about whether concer for others (and not oneself) can explain why people vote. I'm trying to come up with examples of laws (or legislation) that has support from people, who are ...
-4
votes
1answer
80 views

Can a living being claim themselves as a sovereign nation? [closed]

note: this question was first asked on Worldbuilding.SE, then on Politics.SE. The basic premises are the same, but you should go look at them, too. Sovreign nations are, typically, plots of land ...
2
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4answers
261 views

When should a state have a right to prohibit abortion?

I am asking about the the relation of law to morality. Specifically my question centres of the intersection of law and morality on the question of abortion. My personal position on the subject of ...
1
vote
4answers
188 views

Does a person own his/her body?

To be more specific, i was wondering about the legal aspect of the issue. Does a person own his/her body? If not, who owns it? If yes, then can a person sell themselves into slavery? Prostitution? ...
3
votes
1answer
209 views

Is the right to an abortion the same as the right to kill human being? [closed]

If a fetus could be safely and simply removed from a woman and put in an artificial womb where it could grow normally, would a woman have a right to kill it instead?
3
votes
2answers
92 views

Why do societies sustain law of private inheritance of property?

Inheritance laws state that in the case of death, material property ownership is passed to next of kin, or distributed based on the documented will of the deceased, with only some tax going to the ...
1
vote
2answers
109 views

Legal vs moral laws

Should one be required to follow an immoral law? That is the law is blatantly discriminating such as Hitler did to Jews in Germany. Should one be imprisoned just because they violated the law and ...
2
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4answers
356 views

Scenario in which society is better off by someone breaking a rule?

Suppose there is some rule in some social setting/scenario where society (or a relevant smaller set of people) is/are better off when some people violate it. Specifically, we have that (where '>' ...
6
votes
3answers
835 views

Is it ever acceptable to go by the principle of “guilty until proven innocent”?

I have been following the news about the current US administration reversing the Obama administration's policies on campus sexual assault. The two opposing positions can be summed as following: (A)...
1
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5answers
322 views

Are speeding tickets ethical?

The logic seems to be that if you drive fast, there is a (considerably) higher probability that you will end up in an accident, which could hurt others. Hence you need to be punished. What type of ...
8
votes
7answers
791 views

What philosophers argued that human rights can be forfeited?

I'm writing an argumentative paper on a controversial topic, and the stance I want to take is that there are certain actions that an individual can take (such as terrorism, child molestation) that ...
2
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2answers
176 views

“Cannot legislate morality” – principled arguments?

Some time ago, I've read a principled argument about how to fully legislate ethics is pragmatically impossible and also itself unethical (this seems like a contradiction, but the relationship between ...
-1
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1answer
172 views

Are Laws crafted around personal/individual beliefs ethical? [closed]

For instance. Gender Identity is defined as what a person believes they are. Gender Roles is defined as what society constitutes as being a specific gender. With the latest boom in Gender Identity ...
1
vote
1answer
126 views

What is the relation of natural rights to human rights ? [closed]

Assuming that there are natural rights and human rights, are they co-extensive - so that to have (all) natural rights is to have (all) human rights and vice versa? Is there any difference in their ...
8
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4answers
4k views

Who was first to say that justice is “to give each his due”?

May I know which Greek or Roman philosopher is the first to define justice as "giving each his due"? And what arguments have he put forward to justify this definition?
18
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6answers
2k views

What fallacy dismisses criticism of a bad law with “just don't break it”?

Let's say someone is criticizing the government for instituting some draconian policy, and/or for persecuting people for doing something minor. And the response is:"Just don't do it and you'll be fine"...
4
votes
2answers
110 views

“Intellectual property” of publications

Intellectual property is a broad and ill-defined notion so I want to be clear what I am talking about. I am not talking about someone taking credit for another's published work, surely authors should ...
1
vote
0answers
243 views

Why is “an eye for an eye” an important philisophical idea? [closed]

In the code of Hammurabi, one of the first laws put forth was "an eye for an eye." We've come a long way since those times both as a society, and in terms of making laws - as well as the ability to ...
3
votes
3answers
210 views

What does it mean to be 'unaware that you are unaware that you are unaware'? [closed]

Source: Jeffrey Brand, Philosophy of Law (2013), p. 157 Bottom - 158 Top. Negligence plays a central role in tort law (see Chapter 5, sec. 3), but only a peripheral role in criminal law. There ...
4
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3answers
329 views

Why would all law be positive law?

Oliver Wendell Holmes, Jr., in his 1897 The Path of Law, argues that law does not relate to objective reality but is created by whatever judges decide. Thus, according to him, all law is positive law, ...
7
votes
1answer
91 views

What is this System of Right that consistently shows up in Foucault's work?

In his January 7, 1976 lecture, Foucault says: The system of right, the domain of law, are permanent agents of these relations of domination... Right should be viewed not in terms of a legitimacy ...
2
votes
1answer
106 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
83 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
20 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 ...
5
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2answers
148 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 4?...
0
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0answers
28 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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2answers
122 views

Which branches of philosophy matter most to law?

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 ...
0
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2answers
154 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
84 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
130 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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2answers
121 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 ...
3
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3answers
88 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 ...
7
votes
4answers
850 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 or dueling), mutilation, gay sex ) involving one or more ...
14
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6answers
359 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
227 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
votes
1answer
194 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
vote
1answer
61 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
344 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 ...
2
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3answers
433 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 ...
7
votes
1answer
234 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, ...