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/)
155
questions
10
votes
8
answers
5k
views
Should I ever be influenced by an argument that I can't understand?
[Edit: Please read the whole question, or at least the new "N.b" paragraph, that I added just now to the end of the question, before attempting to answer it.]
I'm asking this because ...
7
votes
7
answers
3k
views
What are philosophical arguments for the position that Intelligent Design is nothing but "Creationism in disguise"?
I would like to start this question quoting one of the comments to this answer to the question Does Intelligent Design (ID) entail an infinite regress of designers, and if so, is that problematic?.
...
user66156
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
13
votes
11
answers
4k
views
Besides state punishment, are there any other reasons why one should not do crimes?
Committing crime can result in punishment by the judiciary.
Assuming extreme skepticism and that there is no flawless proof of an absolute goodness, are there any reasons that why one should not do ...
- 233
-2
votes
3
answers
138
views
Can a trier-of-fact in a U.S.-based criminal trial overcome the observer's paradox in order to represent itself as an impartial trier-of-fact? [closed]
This post is to ask the entitled question, "Can a trier-of-fact in a U.S.-based criminal trial overcome the observer's paradox in order to represent itself as an impartial trier-of-fact?" I ...
0
votes
5
answers
691
views
Do judges violate due process in their efforts to make a logical connection between would-be evidence and facts in question?
Note: I had this post with a question that follows, but then I reformed the question again. I've used ChatGPT to help me research this issue, and I think it has been somewhat helpful.
For anyone ...
-1
votes
2
answers
65
views
Jurisprudence and logic: Is it a necessary criterion for a claim to be declared sound that there be no evidence to the contrary as to its soundness?
So, I've been generating various arguments (such as related to the synthesis of legal arguments), and I have been doing my best to figure out how to declare that a particular claim is not sound. For ...
-1
votes
1
answer
72
views
do courts or judges ever have an ethical responsibility to interpret a law a certain way?
assuming courts have the power to interpret a law as they see fit (subject to removal of judges through various procedures) do they have an ethical responsibility to interpret a law a certain way even ...
- 153
4
votes
5
answers
1k
views
Can non-agents be moral or immoral?
Human children and non-human animals are denied moral status or equal consideration with human adults due to their lack of consciousness, reason or autonomy
They are not moral agents or subjects of ...
- 1,989
0
votes
4
answers
106
views
(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
1
vote
6
answers
1k
views
Why is consent important?
We cannot see or feel consent. Why is it important when its existence cannot be proven?
The importance of consent seems to rely on the principle of respect for autonomy or self-determination; for one ...
- 1,989
0
votes
2
answers
119
views
What do atheists (atheistic philosophers) think about the Spirit of Law? [closed]
I thought that spirit is something belongs to the god's nature or to God. How I should to understand the existence of the Spirit of Law? Are the laws the documents, rules and instructions written on ...
- 649
5
votes
8
answers
454
views
Why is the rule of the law so easily damaged or broken?
Why is the rule of law so difficult to keep once established? Is it because of the limitation of law, or something to do with human emotions and behavior? We cannot break laws of nature, but law made ...
- 1,567
4
votes
4
answers
158
views
what does "universal experience of a transcendental subject" mean?
I've been reading Bourdieu, P. (1986). The force of law: Toward a sociology of the juridical field. Hastings LJ, 38, 805. and encountered the concept on page 819.
The tendency to conceive of the ...
- 41
0
votes
1
answer
69
views
How have successful governments legislated morality?
In what ways has law fostered a culture of clear morality? Are there objective measurements to state what would be beneficial to the people which laws are meant for? I'm very interested in ways that ...
- 11