Law and Philosophy
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Disagreement by War
Law and Philosophy - Tập 41 - Trang 763-784 - 2022
This review essay examines Benbaji and Statman's War by Agreement. It raises two challenges to their contractarian account of war, which seeks to show that considerations of mutual advantage can generate novel permissions. First, if such a robust justification for participation in unjust wars is available, it is not clear that any kind of agreement between states is even required; if a state can m......
Putting Meaning in its Place: Originalism and Philosophy of Language
Law and Philosophy - Tập 25 - Trang 387-416 - 2006
Correction to: The Opacity of Law: On the Hidden Impact of Experts’ Opinion on Legal Decision-Making
Law and Philosophy -
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......
Victor’s Justice: The Next Best Moral Theory of Criminal Punishment?
Law and Philosophy - Tập 32 - Trang 129-157 - 2012
In this essay, I address one methodological aspect of Victor Tadros’s The Ends of Harm – namely, the moral character of the theory of criminal punishment it defends. First, I offer a brief reconstruction of this dimension of the argument, highlighting some of its distinctive strengths while drawing attention to particular inconsistencies. I then argue that Tadros ought to refrain from developing t......
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