Law and Philosophy
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The Internal Point of View
Law and Philosophy - Tập 42 - Trang 211-236 - 2022
The most discussed theory of law of the twentieth century – HLA Hart’s theory
from The Concept of Law – is fundamentally psychological. It explains the
existence of legal systems in terms of an attitude taken by legal officials: the
internal point of view. Though much has been said about this attitude (what
statements express it, what it is not, how Hart ought to have conceived of it,
etc.), we no...
Can Self-Defense Justify Punishment?
Law and Philosophy - Tập 32 - Trang 159-175 - 2012
This piece is a review essay on Victor Tadros’s The Ends of Harm. Tadros rejects
retributive desert but believes punishment can be justified instrumentally
without succumbing to the problems of thoroughgoing consequentialism and
endorsing using people as means. He believes he can achieve these results
through extension of the right of self-defense. I argue that Tadros fails in
this endeavor: he ha...
Toward a moral theory of negligence law
Law and Philosophy - Tập 2 - Trang 37-62 - 1983
This paper explores how the widely acknowledged conception of tort law as
corrective justice is to be applied to the law of negligence. Corrective justice
is an ordering of transactions between two parties which restores them to an
antecedent equality. It is thus incompatible with the comprehensive aggregation
of utilitarianism, and it stands in easy harmony with Kantian moral notions.
This concep...
Eliminative Killing and the Targeting of Noncombatants Comments on Seth Lazar’s Sparing Civilians
Law and Philosophy - Tập 37 - Trang 313-325 - 2017
At the heart of Seth Lazar’s arguments in support of what he calls Moral
Distinction – ‘In war, with rare exceptions, killing noncombatants is worse than
killing combatants’ – is his treatment of eliminative and opportunistic killing.
He adopts the standard line, that eliminative killing is easier to justify than
opportunistic killing. And he acknowledges that there are various circumstances
in wh...
THE CONTOURS OF CORPORATE MORAL AGENCY
Law and Philosophy - Tập 42 - Trang 535-560 - 2023
This article defends skepticism about the moral agency of corporations, arguing
that even if we accept the idea that there exist group moral agents, it makes
little sense to suppose that the corporation itself can qualify as such an
agent. The discussion considers and rejects arguments from Philip Pettit, Peter
French, and Michael Bratman. It concludes that we should not criminally
prosecute corpo...
The Space Between Second-Personal Respect and Rational Care in Theory and Mental Health Law
Law and Philosophy - Tập 34 - Trang 433-467 - 2015
In recent human rights and legal instruments, individuals with impairments are
increasingly recognised as agents who are worthy of respect for their inherent
dignity and capacity to make autonomous decisions regarding treatment and care
provisions. These legal developments could be understood using Stephen Darwall’s
normative framework of the second person standpoint. However, this paper draws
upo...
Religious Reasons in Politics: Some Problems for the Free Marketplace Model
Law and Philosophy - - 2022
In this paper, I critique a popular yet seldom recognized theory of the
political role of religious reasons. According to this theory, the Free
Marketplace model, laws may be justified on religious reasons as long as such
laws do not impinge on rights. I argue that this theory is internally
contradictory and can only be defended by either accepting normatively
unacceptable consequences, or resorti...
The Political Rights of Anti-Liberal-Democratic Groups
Law and Philosophy - Tập 31 - Trang 269-297 - 2011
The purpose of this paper is to consider whether it is permissible for a liberal
democratic state to deny anti-liberal-democratic citizens and groups the right
to run for parliament. My answer to this question is twofold. On the one hand, I
will argue that it is, in principle, permissible for liberal democratic states
to deny anti-liberal-democratic citizens and groups the right to run for
parliam...
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