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......
What’s the Party Like? The Status of the Political Party in Anti-Defection Jurisdictions
Law and Philosophy - Tập 40 - Trang 305-334 - 2021
This paper explores how political parties should be regulated in jurisdictions with anti-defection laws, which constitutionalise parties’ control over the legislative process. It begins by arguing that parties in such jurisdictions should be understood as neither private organisations nor quasi-public bodies but as legislative entities. Next, it argues that recognising the legislative status of th......
Puzzles on Defending others from Aggression
Law and Philosophy - Tập 25 - Trang 377-386 - 2006
We all agree on the justification of defending ourselves or others in some situations, but we do not often agree on why. Two main views compete: subjectivism and objectivism. The discussion has mainly been held in normative terms. But every theory must pass a previous test: logical consistency. It has recently been held that, at least in the case of defending others from aggression, objective theo......
Promising Under Duress
Law and Philosophy - Tập 38 Số 5 - Trang 465-480 - 2019
In her chapter “Duress and Moral Progress”, Seana Shiffrin offers a novel perspective on coerced promises. According to the dominant view, these promises confer no right to performance on the coercer and do not create new reasons for the victim. Shiffrin accepts that these promises fail to confer rights, but disagrees that they never alter the victim’s moral profile. She argues that they do at lea......
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