Questions tagged [philosophy-of-law]

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1answer
269 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 ...
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2answers
140 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 ...
2
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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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3answers
497 views

What does it mean to be 'unaware that you are unaware that you are unaware'? [closed]

Source: Jeffrey Brand, Philosophy of Law (2013), p. 157 Bottom - 158 Top. Negligence plays a central role in tort law (see Chapter 5, sec. 3), but only a peripheral role in criminal law. There ...
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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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0answers
74 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 ...
2
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0answers
85 views

What is a strong argument that shows social rules exist? [closed]

Aside from an appeal to common sense, what are the strongest contemporary arguments for the existence of social rules? By social rules, I mean social rules in the tradition of Durkheim, Weber, Hart, ...
2
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2answers
302 views

How does one justify “to deserve” when punishing or sentencing?

The idea of issuing punishment for justice, because the agent of some crime "deserves" it has always bothered me. How does one justify what one deserves? Obviously this is a subjective value ...
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0answers
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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0answers
72 views

Did Kant believe the enlightened and moral republican public could make up for legislative and executive institutions? [closed]

Kant's theoretical work Perpetual Peace could be seen as limited insofar as he didn't really provide any detailed thoughts on the legislative and executive institutions that would make international ...
2
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1answer
155 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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4answers
331 views

Can one ask for more than they deserve?

I would appreciate if answers can cite the individuals or religious-paradigm that derive the answer. The concept of being 'deserving' suggested an availability, if not a right, to something. '...
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3answers
142 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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3answers
134 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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2answers
195 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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6answers
2k views

If a lawyer that is representing a defendant finds that his client is guilty, how is he supposed to act?

If a lawyer that is representing a defendant finds that his client is guilty, how is he supposed to act? Can a lawyer lie or pretend he doesn't know something? Should or could he, morally, try to win ...
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2answers
120 views

Must a self-legislating citizenry guarantee itself freedom of speech?

Specifically I want to know whether a constitution that is authored by its own citizens must contain a guarantee of free expression. And why? The intent is to retain the capacity of self-legislation ...
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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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2answers
75 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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1answer
137 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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4answers
305 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? ...
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5answers
788 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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3answers
250 views

Capital punishment and morality

I'm surprised this never came up. For me, capital punishment may or may not have its place, but if it does then it acts to absolve the punished individual of their guilt. Sometimes this is preferable ...
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1answer
179 views

Are there two fundamental views of rights?

I once saw a cartoon / infographic that attempted to explain the differences between liberals and conservatives. It had plenty of details that were subjective questions or might be said to be due to ...
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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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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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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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1answer
180 views

What is the relation of natural rights to human rights ? [closed]

Assuming that there are natural rights and human rights, are they co-extensive - so that to have (all) natural rights is to have (all) human rights and vice versa? Is there any difference in their ...
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1answer
93 views

How do philosophers distinguish between rights that beg legislation vs. those that not?

I have over the years seen podcasts or iTunes lectures from Michael Sandel's justice lectures at Harvard. He asks many profound questions. The problem I have is that most of them seem to be based ...
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1answer
55 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
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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2answers
103 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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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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2answers
147 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 ...
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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 ...
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1answer
66 views

How would binding soldiers to war against their will, mock a legal system?

Source: Unjust War ..., by PAUL CHRISTOPHER, from Parameters Autumn 1995, pp 4-8. Moreover, it is profoundly arrogant for officers to take the view, as some do, that after the national debate ...
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4answers
426 views

What can be plausible justification for the judges' subjectivity in interpreting some laws? (More questions below)

The Judiciary generally holds the power to interpret the law based on the legislative intent. However, some of their judgments may be counter-intuitive, if not contrary to the clear and unmistakable ...
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2answers
240 views

What kinds of philosophy are described by these questions? How to self-learn them?

Is there a formal branch or name for the kind(s) of philosophy needed to answer questions like the following ? If so, how can I self-learn it? I stress that no legal knowledge is required. The ...
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2answers
73 views

Is State liable is a violent crime is committed because of the State laws?

US Supreme Court made numerous rulings that police does not have a duty to protect individuals. This effectively leaves nobody US residents to rely on for protection except themselves. However, ...
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0answers
46 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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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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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, ...
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1answer
120 views

What alternatives are there to illegalization?

The obvious problem of illegalization is that it can never be enforced perfectly. Moreover, it addresses only the symptoms and not the reasons underlying a certain behavior. What alternatives are ...
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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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4answers
487 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 ...
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2answers
114 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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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
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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1answer
93 views

What is erroneous about attacking someone's trying to understand how to live life?

Original Source: Michael E. Tigar BA JD (Univ. of California, Berkeley), “Defending,” Texas Law Review 74 (1995). Source: p 196, How Can You Represent Those People? (2013) by Abbe Smith, Monroe ...
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1answer
768 views

What's the difference between true statements and real information? [closed]

In Sweden we have legislation about "Osant intygande" - "Untrue verification" e.g. false and fabricated Ph D diploma or similar "Oriktig uppgift" - "Not a real piece of information" e.g. registrering ...