Questions tagged [philosophy-of-law]

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2answers
76 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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0answers
44 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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7answers
5k 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 ...
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2answers
180 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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2answers
191 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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4answers
162 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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3answers
75 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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1answer
136 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
66 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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2answers
100 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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2answers
110 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
66 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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1answer
66 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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7answers
269 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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0answers
119 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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3answers
87 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
191 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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3answers
667 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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2answers
126 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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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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3answers
132 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
93 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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2answers
100 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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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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1answer
54 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
78 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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1answer
254 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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3answers
914 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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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
141 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
90 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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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
243 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
237 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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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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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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7answers
1k 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 ...
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3answers
135 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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2k 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
782 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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5answers
1k 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 ...
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4answers
454 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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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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2answers
775 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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4answers
1k 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 ...
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What are prominent attacks of Rawls' “veil of ignorance” argument? Which liberal philosophers have advanced it?

In John Rawls' A Theory of Justice, he argues that morally, society should be constructed politically as if we were all behind a veil of ignorance; that is, the rules and precepts of society should be ...
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0answers
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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 ...