Questions tagged [philosophy-of-law]

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How can I “fail to attend to reasons that are yours to conform to, even though I cannot be accused of failing to conform to them myself”?

Herring, Criminal Law: Text, Cases, and Materials (8 edn, 2018). p. 851. The distinction between principals and accomplices, as we discovered, is embedded in the structure of rational agency. As ...
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1answer
79 views

Can responsibility or the lack thereof justify self-defence?

Ryan Cheyney argues that when an innocent Victim defends himself against an Aggressor by killing the Aggressor, he can justify his killing the Aggressor by saying he was not responsible for killing ...
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1answer
28 views

Why does the ethical doctrine of double effect presume “the bad consequence is not a means to the good consequence”?

I trust it's obvious why this presumption looks as it is supposed to - "the bad consequence IS a means to the good consequence"? Consider Herring's example on p. 169 with the surgeon. If the bad ...
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25 views

How does denying existence of moral reasons to achieve results, also denies the existence of (normal) moral reasons to try to achieve them?

How does [1] imply [2]? Consider antinatalists. They have moral reasons TO TRY accomplish antinatalism ("AN"). But they don't have moral reasons to accomplish AN, because they probably won't ...
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2answers
82 views

How are positive duties morally less powerful than negative ones?

I don't ken the emboldening. The positive duty for pro-abortionists is to make abortion accessible, free, legal, and a universal human right. This positive duty is obviously MORE (not "less") ...
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What is to be understood by the phrase “Israel's right to exist”? [closed]

As someone who is interested in the Israeli-Palestinian question one phrase that comes up in the pro-Israeli position is the insistence that the Palestinians recognise '"Israel's right to exist". (In ...
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1answer
60 views

Philosophy of Law, Ethics and Visualization

Slides https://docs.google.com/presentation/d/1wO4BUZGp09UGPVoSyrHZKt3KDyJFUwg12KXZiyRW76s/edit?usp=sharing Can anyone provide authors or references to material on Ethics, Philosophy of Law or Logic ...
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24 views

Is there a term of art for the idea that the law is there to protect moral people?

Is there a term of art for the idea that the law is there to protect moral people? In my experience, that is what it does, and wrangling to cause someone to break the law, is more or less impossible, ...
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6answers
13k views

Is there a term for the belief that “if it's legal, it's moral”?

Sometimes I hear arguments that seem to appeal to the fact that something is morally permissible because it is legally permitted. For example: Abortion is moral because it's legally permitted. ...
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1answer
153 views

Do people tend to immorality like every Abrahamic religion told? [closed]

In many sentences of the Quran and other Abrahamic religious books, we are told about many different people who were immoral (thieves, corruption, adultery, etc.) until prophets come and help them ...
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3answers
93 views

Is constitution of a country simply a set of axioms?

Is it valid to think of a constitution or law in general as an axiomatic system? Because what they do is actually stating some rules one-by-one which we just accept. This means we accept also all ...
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1answer
247 views

Are we facing a new form of social prejudice and discrimination? [closed]

How is it different from previous forms of social injustice? Why is this a new kind of systematic prejudice and discrimination? - Firstly, the "old" way was entrenched in law and custom, whereas now ...
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1answer
146 views

Is there an established name for position that argues against law?

This is my position. But for some reason I'm sure I'm not the first to accept it (I guess some anarchists would have it). So, there likely should be other people with this position. Is there a name ...
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3answers
135 views

Aside from Jesus who have put justice (legalism) and friendliness (benevolence) in opposition?

I'm more interested in ancient thinkers. Maybe there are notable people with such views who lived before Jesus. I will use the term friendliness as a treatment of someone as a potential friend. And a ...
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2answers
87 views

Privacy in the modern context [closed]

In Roman times, 'privacy' had more to do with one’s “private” domain where one is the master of one’s own house rather than the sense we have today where the emphasis is more on one’s private thoughts,...
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3answers
754 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 ...
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14answers
9k 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 ...
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3answers
126 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 ...
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2answers
558 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. ...
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2k 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 ...
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0answers
71 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 ...
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2answers
176 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 ...
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2answers
120 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 ...
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12answers
5k 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 ...
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1answer
102 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 ...
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4answers
416 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 ...
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4answers
245 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? ...
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1answer
230 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?
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2answers
112 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 ...
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2answers
140 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 ...
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4answers
692 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 '>' ...
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3answers
1k 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)...
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5answers
676 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 ...
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7answers
1k 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 ...
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2answers
237 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 ...
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1answer
202 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 ...
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1answer
178 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 ...
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4answers
7k 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?
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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"...
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2answers
123 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 ...
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3answers
297 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 ...
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3answers
583 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, ...
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1answer
94 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 ...
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1answer
122 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 ...
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1answer
88 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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22 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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2answers
208 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?...
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31 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 ...
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2answers
129 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 ...
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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 ...