Questions tagged [philosophy-of-law]

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13
votes
6answers
695 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 ...
6
votes
6answers
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 ...
5
votes
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 ...
16
votes
6answers
3k 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"...
14
votes
7answers
42k views

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 ...
44
votes
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. ...
7
votes
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 ...
2
votes
1answer
279 views

What is the intrinsic difference between freedom of speech and freedom of deeds?

What are philosophical reasons for approving of freedom of speech but not of freedom of deeds? If teasing the others by speech is allowed, why not by deeds? If freedom of deeds is wrong, then why ...
1
vote
1answer
148 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 ...
1
vote
4answers
318 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? ...
1
vote
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, ...
0
votes
4answers
491 views

How to dissect or parse an 'if' nested within another 'if'?

Source: p 153, Letters to a Law Student, 1 ed (2006), by McBride Section 2 of the Theft Act 1968 (title: “ ‘Dishonestly’ ”) provides that: (1) A person’s appropriation of property ...