Questions tagged [philosophy-of-law]
Philosophy of law (or legal philosophy) is concerned with providing a general philosophical analysis of law and legal institutions. (ref. [IEP](https://iep.utm.edu/law-phil/)
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If an ox gores to death a man while it is passing through the streets, should that case have no basis for a claim?
The law requires philosophical assessment, and the top thinkers have yet to find an answer. But the spiritual thinkers think they have found one in the Talmud.
If an ox gores to death a man while it ...
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Does impersonation heighten the evil of an immoral behaviour, perhaps similarly to illegality?
Does impersonation heighten the evil of an immoral behaviour, perhaps similarly to illegality? I tend to think of just laws doing exactly that, and suspect that impersonating, e.g. by identity theft, ...
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Should we sometimes let a criminal confess in exchange for no penalties [closed]
Let us assume there is a murder case. The court after investigation sentences a man, who in reality is not a murderer, to death. An innocent person is going to be executed while the real criminal is ...
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Why "guilty" or "not guilty" but not "guilty" or "innocent"?
Why do some courts (like those in America) decide through the dictum "guilty"(g) or "not guilty"(~g) instead of using the term "innocent"(i) for "not guilty"(~g)...
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Would reincarnated prisoners be morally obligated to finish their sentence?
For context, this question came from discussions around some sentence lengths seen in the US prison system - where individuals can end up being sentenced for terms far exceeding their possible natural ...
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Why is it that the precedent of breaking a bad law might weaken the force, and lead to discretionary violation of those which are good?
It's an opinion expressed by Thomas Paine in his book 'Rights of Man'.
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On a reductionist/functionalist account of consciousness, would we have ethical obligations toward robots?
If consciousness arises from specific functions instantiated by physical systems, consider a robot with functions mirroring those found in carbon-based life, particularly in humans. Would this imply ...
user66156
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When is a legal failing an injustice?
When is a legal failing, failing to apply the law, an injustice?
Some serious crimes, rape and murder being the most obvious, might well be injustices when not punished, simply becasue justice surely ...
user67675
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Seeking references on the ontological basis of 'cultural appropriation' to cure my confusion
Disclaimer: Cultural appropriation is an emotionally charged topic and is criticized by a number of intellectuals, and my intent is to determine the philosophical grounding of the topic through vetted ...
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Is the Law of Excluded Middle an allowed argument in court?
Is the Law of Excluded Middle a valid deduction rule in court? If not, is it reasonable to say that all arguments in court must be "constructive in nature"?
As an example, consider this ...
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Could law be written in formal logic?
I essentially have two questions:
Could law be written in formal logic?
If that's indeed possible, should it be?
I see possible drawbacks being:
Difficulty to express certain concepts, I can't ...
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Has anyone tried the Rearden defense?
My question requires some context – please bear with me.
In Ayn Rand's book Atlas Shrugged, industrialist Hank Rearden violates the so-called 'fair share' law by doing business with another character. ...
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When is someone culpable for being tricked
Hypothetical and odd scenario. Person A is tricked into thinking person B is threatening them, and so destroys both their lives. Person A can very easily check if it's real, but refuses to. Person B ...
user67675
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Does choice exist?
I've been thinking about a few legal quotes that have initiated my investigation into whether or not choice actually exists:
A "universal and persistent" foundation stone in our system of ...
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Is it possible to punish acts without punishing the actor?
A common argument to say that one should take downvotes as judge of content quality, not character, but it seems apparent to me that to judge quality is to judge character. I explain my argument below....
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