Questions tagged [philosophy-of-law]

The tag has no usage guidance.

Filter by
Sorted by
Tagged with
-1
votes
2answers
172 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 ...
2
votes
2answers
189 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 ...
1
vote
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) ...
2
votes
2answers
52 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?
1
vote
4answers
156 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 ...
2
votes
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 ...
0
votes
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 ...
1
vote
1answer
118 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 ...
0
votes
2answers
109 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,...
2
votes
2answers
63 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 ...
0
votes
0answers
118 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 ...
3
votes
7answers
264 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.
0
votes
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 ...
-1
votes
3answers
187 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 ...
1
vote
2answers
124 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 ...
1
vote
2answers
70 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 ...
0
votes
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 ...
1
vote
1answer
51 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 ...
1
vote
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 ...
1
vote
2answers
96 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") ...
7
votes
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 ...
2
votes
1answer
77 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 ...
43
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. ...
1
vote
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 ...
1
vote
3answers
127 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 ...
1
vote
1answer
253 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, ...
1
vote
1answer
151 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 ...
1
vote
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 ...
0
votes
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,...
3
votes
3answers
909 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
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 ...
2
votes
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 ...
3
votes
2answers
761 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 ...
6
votes
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 ...
2
votes
0answers
73 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 ...
4
votes
2answers
188 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 ...
3
votes
2answers
138 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 ...
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 ...
-3
votes
1answer
109 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 ...
2
votes
4answers
452 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 ...
1
vote
4answers
293 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? ...
3
votes
1answer
235 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?
2
votes
2answers
138 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 ...
1
vote
2answers
145 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 ...
2
votes
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 '>' ...
4
votes
2answers
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)...
1
vote
5answers
771 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 ...
7
votes
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 ...
2
votes
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 ...
1
vote
1answer
204 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 ...