All Questions
Tagged with philosophy-of-law reference-request
11
questions
3
votes
3
answers
145
views
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
3
votes
0
answers
159
views
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
2
votes
0
answers
73
views
Philosophy of the "fruit of the poisonous tree" doctrine
I'm looking for reference works in the fields of the Philosophy of Law and Political Science on the subject of the Fruit of the Poisonous Tree doctrine: the view that certain products of a legal/...
- 121
1
vote
2
answers
204
views
Is there a philosophical justification for the dichotomy in discimination law?
In the UK, and in many other countries, it is illegal to discriminate on certain personal characteristics in many circumstances, including employment and accommodation. These characteristics include ...
- 127
-1
votes
1
answer
226
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Comparing Albert Camus and Karl Marx
My brother is lawyer. He likes reading philosophy and writing about law. He wants to find a source about a conflict ideas of revolution as you know Albert Camus and Karl Marx have. He wants to write ...
- 109
2
votes
2
answers
371
views
“Cannot legislate morality” – principled arguments?
Some time ago, I've read a principled argument about how to fully legislate ethics is pragmatically impossible and also itself unethical (this seems like a contradiction, but the relationship between ...
- 4,841
6
votes
4
answers
20k
views
Who was first to say that justice is "to give each his due"?
May I know which Greek or Roman philosopher is the first to define justice as "giving each his due"? And what arguments have he put forward to justify this definition?
- 253
2
votes
0
answers
90
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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
2
answers
253
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First books about philosophy of law, for a novice with no exposure?
I define
exiguous to mean the shortest and easiest introductions (< 300 pages) of philosophy.
This question premises a reader with zero exposure to philosophy of law.
Please correct me if I erred ...
user8572
1
vote
1
answer
417
views
How to self-learn legal arguments, logic, and reasoning?
What are some readable, eloquent (without legalese) books on arguments, fallacies, logic, and reasoning, as applied and used in law? This question is aimed towards a greenhorn/tenderfoot with ...
user8572
6
votes
5
answers
1k
views
A Marxist Theory of Justice?
I am stuck in a vast amount of papers concerning Marx's view of justice, written in the 70s, 80s and 90s, disputing and contradicting each other. With my current knowledge of Marx, it is sometimes ...
- 2,501