Questions tagged [philosophy-of-law]

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1answer
129 views

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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2answers
67 views

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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1answer
81 views

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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31 views

Difference between “formal justice” and “formal equality”

Formal justice, according to Rawls (1999, p. 51) is the ... impartial and consistent administration of laws and institutions, whatever their substantive principles ... If we think of justice as ...
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0answers
51 views

“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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2answers
185 views

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 ...
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3answers
305 views

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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3answers
108 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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2answers
108 views

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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4answers
165 views

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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2answers
103 views

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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0answers
17 views

How aren't reasons and fault directly linked?

I Googled what practical reasoning means. What is meant by the phrase "practical reason" or "practical philosophy", especially in older texts. Is it just a synonym for ...
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1answer
162 views

What does “disposition” mean in a philosophical context? [closed]

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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2answers
119 views

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,...
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2answers
69 views

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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0answers
121 views

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 ...
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7answers
291 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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3answers
92 views

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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3answers
208 views

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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2answers
127 views

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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2answers
80 views

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
95 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
62 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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1answer
70 views

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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2answers
111 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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8answers
3k views

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
81 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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6answers
14k 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
158 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
148 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
255 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, ...
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1answer
152 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
151 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
92 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
962 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
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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3answers
145 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
811 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 ...
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7answers
3k 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
74 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
194 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
150 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
6k 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
112 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
462 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
322 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
241 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
148 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
151 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
1k 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 '>' ...