Questions tagged [philosophy-of-law]

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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 ...
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2answers
171 views

Which branches of philosophy matter most to law?

This question presumes that after reading short introductions, the best next step is to read introductory textbooks from each branch of philosophy. Feel free to challenge this presumption. Then ...
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2answers
144 views

First books about philosophy of law, for a novice with no exposure?

I define exiguous to mean the shortest and easiest introductions (< 300 pages) of philosophy. This question premises a reader with zero exposure to philosophy of law. Please correct me if I erred ...
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1answer
331 views

Law and The Formula of Humanity

There seems to be a clear notion of "taking into consideration" the humanity of others in the Formula of Humanity. "Every rational being exists as an end in himself, not merely as a means for ...
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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 ...
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0answers
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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0answers
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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0answers
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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3answers
195 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 ...
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2answers
183 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 ...
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2answers
275 views

Is my interpretation of Objectivism in relation to environmental preservation correct? [closed]

Objectivism states, among the ethical aspects of its philosophy, that no human has the right to physically harm another in even the tiniest portion, except as just punishment. Environmental ...
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1answer
110 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 ...

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