Questions tagged [philosophy-of-law]
The philosophy-of-law tag has no usage guidance.
140
questions
6
votes
7
answers
3k
views
What are philosophical arguments for the position that Intelligent Design is nothing but "Creationism in disguise"?
I would like to start this question quoting one of the comments to this answer to the question Does Intelligent Design (ID) entail an infinite regress of designers, and if so, is that problematic?.
...
- 683
2
votes
0
answers
42
views
Philosophy of the "fruit of the poisonous tree" doctrine
I'm looking for reference works in the fields of the Philosophy of Law and Political Science on the subject of the Fruit of the Poisonous Tree doctrine: the view that certain products of a legal/...
- 121
13
votes
11
answers
3k
views
Besides state punishment, are there any other reasons why one should not do crimes?
Committing crime can result in punishment by the judiciary.
Assuming extreme skepticism and that there is no flawless proof of an absolute goodness, are there any reasons that why one should not do ...
- 233
-2
votes
3
answers
124
views
Can a trier-of-fact in a U.S.-based criminal trial overcome the observer's paradox in order to represent itself as an impartial trier-of-fact? [closed]
This post is to ask the entitled question, "Can a trier-of-fact in a U.S.-based criminal trial overcome the observer's paradox in order to represent itself as an impartial trier-of-fact?" I ...
0
votes
4
answers
209
views
Do judges violate due process in their efforts to make a logical connection between would-be evidence and facts in question?
Note: I had this post with a question that follows, but then I reformed the question again. I've used ChatGPT to help me research this issue, and I think it has been somewhat helpful.
For anyone ...
-1
votes
2
answers
37
views
Jurisprudence and logic: Is it a necessary criterion for a claim to be declared sound that there be no evidence to the contrary as to its soundness?
So, I've been generating various arguments (such as related to the synthesis of legal arguments), and I have been doing my best to figure out how to declare that a particular claim is not sound. For ...
-1
votes
1
answer
60
views
do courts or judges ever have an ethical responsibility to interpret a law a certain way?
assuming courts have the power to interpret a law as they see fit (subject to removal of judges through various procedures) do they have an ethical responsibility to interpret a law a certain way even ...
4
votes
5
answers
948
views
Can non-agents be moral or immoral?
Human children and non-human animals are denied moral status or equal consideration with human adults due to their lack of consciousness, reason or autonomy
They are not moral agents or subjects of ...
- 1,863
0
votes
4
answers
81
views
(philosophy of law) how broadly can statutes be interpreted by courts? [closed]
In constitutions and legal systems like that of America , Australia and India (and other states with separation of powers), if a statute has more than one possible interpretation, then can and should ...
1
vote
6
answers
911
views
Why is consent important?
We cannot see or feel consent. Why is it important when its existence cannot be proven?
The importance of consent seems to rely on the principle of respect for autonomy or self-determination; for one ...
- 1,863
0
votes
2
answers
99
views
What do atheists (atheistic philosophers) think about the Spirit of Law? [closed]
I thought that spirit is something belongs to the god's nature or to God. How I should to understand the existence of the Spirit of Law? Are the laws the documents, rules and instructions written on ...
- 538
5
votes
5
answers
174
views
Why is the rule of the law so easily damaged or broken?
Why is the rule of law so difficult to keep once established? Is it because of the limitation of law, or something to do with human emotions and behavior? We cannot break laws of nature, but law made ...
- 674
5
votes
4
answers
104
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 ...
- 51
0
votes
1
answer
60
views
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 ...
- 11
2
votes
2
answers
200
views
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 ...
- 211
1
vote
3
answers
143
views
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 ...
- 2,062
-1
votes
2
answers
105
views
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 ...
user62133
0
votes
1
answer
53
views
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.
- 21
0
votes
8
answers
179
views
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'...
- 157
0
votes
0
answers
53
views
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 ...
- 179
0
votes
1
answer
34
views
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.
- 21
2
votes
1
answer
427
views
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
222
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 ...
- 39
3
votes
2
answers
247
views
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 (...
- 1,863
3
votes
1
answer
387
views
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
...
- 249
2
votes
4
answers
308
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 ...
- 3,770
5
votes
6
answers
224
views
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 ...
- 3,770
1
vote
2
answers
201
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 ...
- 127
3
votes
2
answers
160
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 ...
- 1,026
-1
votes
1
answer
178
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 ...
- 109
1
vote
0
answers
64
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 ...
- 300
-1
votes
2
answers
214
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 ...
1
vote
3
answers
412
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
3
answers
143
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) ...
- 111
1
vote
2
answers
198
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?
- 11
1
vote
2
answers
209
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 ...
user8572
2
votes
2
answers
119
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 ...
user8572
1
vote
1
answer
286
views
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 ...
user8572
0
votes
2
answers
131
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
2
answers
86
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 ...
- 199
0
votes
0
answers
147
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 ...
- 350
3
votes
6
answers
514
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.
- 59
0
votes
2
answers
116
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 ...
- 109
-1
votes
3
answers
263
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 ...
user38026
1
vote
2
answers
137
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 ...
- 19
1
vote
2
answers
101
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 ...
user8572
0
votes
1
answer
107
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 ...
- 113
1
vote
1
answer
154
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 ...
user8572
1
vote
1
answer
75
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 ...
user8572
2
votes
2
answers
158
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") ...
user8572