Questions tagged [philosophy-of-law]

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5 votes
4 answers
93 views

what does "universal experience of a transcendental subject" mean?

I've been reading Bourdieu, P. (1986). The force of law: Toward a sociology of the juridical field. Hastings LJ, 38, 805. and encountered the concept on page 819. The tendency to conceive of the ...
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1 answer
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How have successful governments legislated morality?

In what ways has law fostered a culture of clear morality? Are there objective measurements to state what would be beneficial to the people which laws are meant for? I'm very interested in ways that ...
3 votes
3 answers
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Has there ever been a society with merged ethics and law?

The so-called ethics-law divide is pervasive in most cultures nowadays. Not all unethical acts are punishable by the state or defined in its positive law, and occasionally societies formally ban ...
3 votes
3 answers
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Should our morals be encoded in laws, and if not, what should?

Laws, to some degree, encode what society finds acceptable and moral(?). Personal ethical values however often conflict with each other - take as example the topic of abortion in the US, and the topic ...
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2 answers
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Are crimes worse just because they are crimes (with an example from sexual assault)

I apologise if this needs a TRIGGER WARNING, I in no way whatsoever wish to trivialise anyone's experiences or moral guilt. Clearly, not every law is moral and not every moral obligation is legally ...
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0 votes
1 answer
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How do proponents of the New Natural Law Theory (NNLT), such as John Finnis & Germain Grisez, define natural law?

I looked in the main books of NNLT, namely Natural Law and Natural Rights by John Finnis and The Way of the Lord Jesus by Germain Grisez, but I did not find a definition of natural law.
1 vote
8 answers
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Objectiv requirements for human rights/natural rights

Some ethical problems I've run into while writing a story set in a near future where general artificial intelligence, mind upload and radical genetic engineering are a thing. If you could scan someone'...
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0 answers
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Formal definition of "natural" and "naturalness" for the ethics and moral philosophy of "natural law"?

Every object is the combinatorial combination of atoms (or quarks/gluons/leptons if we dive deeper to the elements). Is there formal definition which combinations of atoms are "natural" and ...
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1 answer
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In which part of his treatise on law does Thomas Aquinas provide rules for ranking basic goods?

I know that it provides such rules as I read it in an article but there was no reference to this statement.
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1 answer
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Fallacy of division in an old book

I have identified a fallacy of division in an old book written in Spanish and I would like you to confirm if it is indeed a logical fallacy. The underlined part of the image contains the argument that ...
2 votes
4 answers
209 views

Are 'fearless' people a threat to society?

In childhood we are all told legends and myths about different heroes. Most of the time they are portrayed as fearless characters who doesn’t fear anything and sacrifice themselves for their people ...
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2 answers
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When consent changes: can "consent" after the fact be valid?

There are many avenues of exploring consent in philosophy. For instance, in the philosophy of sexuality (IEP), consent is tremendously important. So too, in the intersection of morality and bioethics (...
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1 answer
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What are the "crimes of passion and crimes of logic"?

There are crimes of passion and crimes of logic. The boundary between them is not clearly defined. Albert Camus What does Albert Camus mean by "crimes of passion and crimes of logic" in his ...
2 votes
4 answers
270 views

If Free Will Is Proven Illusory, Is There a Case for Suppressing the Finding?

NOTE: This question does not assume the existence or non-existence of free will. Dan Dennett, Professor of Philosophy at Tufts University, states that when "...neuroscientists who've been going ...
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4 votes
6 answers
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Is Group Suffering Worse than Individual Suffering?

There are two jails. Both employ torture of prisoners as a means to gain confessions. Jail A has one prisoner. One guard tortures him. Jail B has 1000 prisoners, all of whom are also tortured, each ...
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1 vote
2 answers
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Is there a philosophical justification for the dichotomy in discimination law?

In the UK, and in many other countries, it is illegal to discriminate on certain personal characteristics in many circumstances, including employment and accommodation. These characteristics include ...
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3 votes
2 answers
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In a Just Society, are there any Moral, Illegal Actions

Imagine a perfect legal system, whatever that looks like to you. I don't care what it is, just put it in your head. There are plenty of examples of moral, legal action that can happen under this ...
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Comparing Albert Camus and Karl Marx

My brother is lawyer. He likes reading philosophy and writing about law. He wants to find a source about a conflict ideas of revolution as you know Albert Camus and Karl Marx have. He wants to write ...
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0 answers
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"Inference to the Best Explanation if the Best is Sufficiently Good"

The reliability of Inference to the Best Explanation (IBE) is sometimes contested because it may end up recommending the best of a bad lot, which might require a modification of IBE (e.g. contra ...
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2 answers
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How would an philosopher and scientist solve the following kidnapping - scenario?

I would like to hear your opinion as philosophers and scientists regarding how you would solve the problem of proof in the following scenario: "Plato" who has dementia and a damaged left ...
1 vote
3 answers
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Do penalties keep people from committing crimes?

Do Penalties Keep People from Committing Crimes? I'm very skeptical about the statement that penalties prevent people from committing crimes. There are obviously no facts to back this up (or are ...
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3 answers
136 views

If a crime physically cannot be committed again, would applying "Reform instead of Punishment" be necessary?

I think there are 3 main arguments for the imprisonment of criminals: A) criminals can be locked away for a temporary or indefinite amount of time so they cannot commit another crime again B) ...
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2 answers
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How is Socrates's daimon related to one of Aquinas's laws/views of virtue and justice

In Plato's Apology of Socrates, Socrates talks about having a daimon, a divine being/voice that tells him of things not to do. For Aquinas, what would this be?
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3 answers
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Why can community benefit if its individuals be free to act selfishly?

I never studied philosophy. Can someone kindly explain like I'm 5 the emboldened sentences below? What does "the defendant may benefit from considerations such as the effect on the community if ...
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2 votes
2 answers
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Why do the moral constraints upon law exculpate, not inculpate?

Why "blame without legal judgment", but "no judgment without blame"? What do these even mean? I never studied philosophy. Can someone kindly explain like I'm 5 the emboldened ...
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1 vote
1 answer
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What does "disposition" mean in a philosophical context?

I'm reading two criminal law theory papers and one of them is written by Heidi M. Hurd – University of Illinois College of Law who is a philosopher. Professor Hurd received a B.A. (Hon.) from Queen’s ...
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0 votes
2 answers
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What is wrong in the reasoning that someone's accidental death is justified by his troubled past? [closed]

It seems to challenge the idea of the justice system, but in a very subtle way. Are there other flaws with this reasoning? Is the confusion between the idea of a greater power's justice (law of nature,...
2 votes
2 answers
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Formal logic on rightfulness

Is there a kind of logic that could easily formulate this kind of statement: X has the right to do Y? Or more generally: An object that has the property X (or in a set X) could also choose to have ...
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Analogy of Set and Subset and Contracts in abstracto and Marriage in concreto/in particular

I had a talk with a professor of family law and we are frequently told that there are general ordinances for contracts in general and particular ordinances for marriage. I am problematised by the ...
3 votes
6 answers
424 views

Innocent until proven guilty [duplicate]

Why is it right? And why is guilty until proven innocent wrong? I think I have some kind of basic understanding but hopefully can learn more from your contributions.
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2 answers
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Is a well-considered democratic decision good even though bad people have voted for this good decision?

Imagine the following situation: A new law is voted in a parliament. The overwhelming majority of the population consider this new law to be very good. However, in the first voting-round there is ...
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3 answers
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Why think that retributive justice has an intrinsic value?

Obviously, punishment itself can have an extrinsic value: it may encourage fewer people to offend. But how has anyone argued for the intrinsic, rather than extrinsic, value of retributive justice? I ...
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1 vote
2 answers
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Who writes the natural laws of a constitution?

If we say that the natural law of a constitution in a democratic government has to protect the minority from the majority, by whom is it written? If the majority writes it, it might not protect the ...
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1 vote
2 answers
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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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1 answer
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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 ...
1 vote
1 answer
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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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1 vote
1 answer
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How does denying existence of moral reasons to achieve results, also deny 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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2 votes
2 answers
145 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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7 votes
7 answers
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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 ...
3 votes
1 answer
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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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6 answers
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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. ...
1 vote
1 answer
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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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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 ...
1 vote
1 answer
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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, ...
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1 vote
1 answer
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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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1 vote
3 answers
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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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0 votes
2 answers
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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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2 votes
3 answers
1k 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 ...
12 votes
14 answers
10k 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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2 votes
3 answers
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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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