Questions tagged [philosophy-of-law]

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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 ...
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1k views

Is Webers definition of a nation state applicable in other contexts?

Max Weber, in his essay politics as a vocation defined the nation state as that which can 'successfully uphold a claim on the monopoly of the legitimate use of physical force within a specific ...
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1answer
159 views

Why is it an Appeal to Pity if a defense attorney evidences misfortune of the defendant?

Source: p 236-237, With Good Reason, An Introduction to Informal Fallacies (2000 6 ed) by York U. Prof. S. Morris Engel   The trouble with such appeals [to Pity] is that, however are, they may ...
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“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
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
375 views

How to self-learn legal arguments, logic, and reasoning?

What are some readable, eloquent (without legalese) books on arguments, fallacies, logic, and reasoning, as applied and used in law? This question is aimed towards a greenhorn/tenderfoot with ...
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25 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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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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120 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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24 views

Can I use “nomothetic” to refer to the calculus correctness perspective in the Tractatus?

I'm doing a comparison between the Tractatus Logico Philosophicus and the Philosophical Investications. I want to remark the difference between the solid formal edifice built in the former, in ...
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31 views

Is it 'simply implausible' that minute regulations are rooted in God’s will or the nature of the universe?

Source: p 154, Thinking Like a Lawyer: An Introduction to Legal Reasoning (2010, 2 ed) by Kenneth J. Vandevelde   Third, much law in the modern world governs mundane, trivial matters that could ...
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184 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 ...