Law and Philosophy
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Sắp xếp:
Hard Determinism and Punishment: A Practical Reductio
Law and Philosophy - Tập 30 - Trang 353-367 - 2011
How can hard determinism deal with the need to punish, when coupled with the obligation to be just? I argue that even though hard determinists might find it morally permissible to incarcerate wrongdoers apart from lawful society, they are committed to the punishment’s taking a very different form from common practice in contemporary Western societies. Hard determinists are in fact committed to wha...... hiện toàn bộ
Quinn on punishment and using persons as means
Law and Philosophy - - 1996
In “The Right to Threaten and the Right to Punish,” Warren Quinn justifies punishment on the ground that it can be derived from the rights of persons to protect themselves against crime. Quinn, however, denies that a right of self-protection justifies the punishment of an aggressor solely on the ground that such punishment deters others from harming the victim of that aggression or others. He beli...... hiện toàn bộ
Entitled to clemency: Mercy in the criminal law
Law and Philosophy - Tập 10 Số 1 - Trang 109-118 - 1991
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...... hiện toàn bộ
Good intentions and a great divide: Having babies by intending them
Law and Philosophy - - 1993
Thus, there is a compelling policy argument as well as a suggestive constitutional argument that the practice of selling parental rights in general, and in particular the practice of commercial surrogacy, should not be permitted. These arguments favor the approach adopted in New York State as opposed to any more latitudinarian approach that would permit commercial surrogacy. Clearly, if the paymen...... hiện toàn bộ
Public Reason as Highest Law
Law and Philosophy - Tập 37 - Trang 145-170 - 2017
This essay addresses Rawls’ claim in Political Liberalism that the U.S. Supreme Court would have power to overturn an amendment repealing the First Amendment. I argue that the argument succeeds if one conceives of public reason as a theory of constitutional lawmaking. This theory is founded on Rawls’ unique contributions to the concept of public reason: the criterion of reciprocity, and the conten...... hiện toàn bộ
The Strange Case of the Protective Perimeter: Liberties and Claims to Non-Interference
Law and Philosophy - Tập 31 - Trang 161-184 - 2011
In this paper I describe some difficulties raised by the so-called thesis of the protective perimeter of liberties (ToPP). According to this thesis, a privilege does not necessarily involve a claim to non-interference, and a claim to non-interference does not necessarily presuppose a privilege. I argue that the first part of this thesis relies on a misunderstanding of ‘interference with a liberty’...... hiện toàn bộ
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