All Questions
Tagged with philosophy-of-law political-philosophy
29
questions
3
votes
0
answers
159
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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 ...
- 29.2k
0
votes
4
answers
106
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(philosophy of law) how broadly can statutes be interpreted by courts? [closed]
In constitutions and legal systems like that of America , Australia and India (and other states with separation of powers), if a statute has more than one possible interpretation, then can and should ...
- 153
2
votes
1
answer
441
views
Fallacy of division in an old book
I have identified a fallacy of division in an old book written in Spanish and I would like you to confirm if it is indeed a logical fallacy. The underlined part of the image contains the argument that ...
1
vote
2
answers
230
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Why can community benefit if its individuals be free to act selfishly?
I never studied philosophy. Can someone kindly explain like I'm 5 the emboldened sentences below? What does "the defendant may benefit from considerations such as the effect on the community if ...
user8572
1
vote
2
answers
148
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Who writes the natural laws of a constitution?
If we say that the natural law of a constitution in a democratic government has to protect the minority from the majority, by whom is it written?
If the majority writes it, it might not protect the ...
- 19
7
votes
7
answers
3k
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What is to be understood by the phrase "Israel's right to exist"? [closed]
As someone who is interested in the Israeli-Palestinian question one phrase that comes up in the pro-Israeli position is the insistence that the Palestinians recognise '"Israel's right to exist". (In ...
- 47.9k
0
votes
1
answer
176
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Is there an established name for position that argues against law?
This is my position. But for some reason I'm sure I'm not the first to accept it (I guess some anarchists would have it). So, there likely should be other people with this position. Is there a name ...
- 2,706
0
votes
2
answers
110
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Privacy in the modern context [closed]
In Roman times, 'privacy' had more to do with one’s “private” domain where one is the master of one’s own house rather than the sense we have today where the emphasis is more on one’s private thoughts,...
user36421
12
votes
14
answers
10k
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Why are legal and moral responsibilities said to be different?
It seems in most cases which laws are adopted depends on what ethical views legislators hold. There might be counterexamples when a lawmaker does not adopt laws reflecting own moral views. But I do ...
- 2,706
-3
votes
1
answer
132
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Can a living being claim themselves as a sovereign nation? [closed]
note: this question was first asked on Worldbuilding.SE, then on Politics.SE. The basic premises are the same, but you should go look at them, too.
Sovreign nations are, typically, plots of land ...
- 97
7
votes
1
answer
116
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What is this System of Right that consistently shows up in Foucault's work?
In his January 7, 1976 lecture, Foucault says:
The system of right, the domain of law, are permanent agents of these relations of domination... Right should be viewed not in terms of a legitimacy ...
- 304
2
votes
0
answers
90
views
What is a strong argument that shows social rules exist? [closed]
Aside from an appeal to common sense, what are the strongest contemporary arguments for the existence of social rules? By social rules, I mean social rules in the tradition of Durkheim, Weber, Hart, ...
- 139
2
votes
4
answers
529
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What can be plausible justification for the judges' subjectivity in interpreting some laws? (More questions below)
The Judiciary generally holds the power to interpret the law based on the legislative intent. However, some of their judgments may be counter-intuitive, if not contrary to the clear and unmistakable ...
- 29
2
votes
3
answers
617
views
How would Kant decide whether a law is ethical?
From what I understand, I know that Kant believes that the purpose of government is to "[hinder] a hindrance to freedom" that people could impose on others. Additionally, in a Kantian government ...
- 131
8
votes
2
answers
357
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German philosophers on (french) revolution
I'm reading an essay written by the Italian philosopher Remo Bodei, where he examines the thoughts of some German philosopher on the french revolution and revolutions in general.
According to him, ...
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