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
-1
votes
1
answer
226
views
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 ...
1
vote
0
answers
112
views
"Inference to the Best Explanation if the Best is Sufficiently Good"
The reliability of Inference to the Best Explanation (IBE) is sometimes contested because it may end up recommending the best of a bad lot, which might require a modification of IBE (e.g. contra ...
-1
votes
2
answers
223
views
How would an philosopher and scientist solve the following kidnapping - scenario?
I would like to hear your opinion as philosophers and scientists regarding how you would solve the problem of proof in the following scenario:
"Plato" who has dementia and a damaged left ...
1
vote
4
answers
616
views
Do penalties keep people from committing crimes?
I'm very skeptical about the statement that penalties prevent people from committing crimes. There are obviously no facts to back this up (or are there?).
I often hear though that it's better not to ...
1
vote
3
answers
174
views
If a crime physically cannot be committed again, would applying "Reform instead of Punishment" be necessary?
I think there are 3 main arguments for the imprisonment of criminals:
A) criminals can be locked away for a temporary or indefinite amount of time so they cannot commit another crime again
B) ...
1
vote
2
answers
262
views
How is Socrates's daimon related to one of Aquinas's laws/views of virtue and justice
In Plato's Apology of Socrates, Socrates talks about having a daimon, a divine being/voice that tells him of things not to do. For Aquinas, what would this be?
1
vote
2
answers
230
views
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 ...
2
votes
2
answers
159
views
Why do the moral constraints upon law exculpate, not inculpate?
Why "blame without legal judgment", but "no judgment without blame"? What do these even mean? I never studied philosophy. Can someone kindly explain like I'm 5 the emboldened ...
1
vote
1
answer
500
views
What does "disposition" mean in a philosophical context?
I'm reading two criminal law theory papers and one of them is written by Heidi M. Hurd – University of Illinois College of Law who is a philosopher.
Professor Hurd received a B.A. (Hon.) from Queen’s ...
0
votes
2
answers
137
views
What is wrong in the reasoning that someone's accidental death is justified by his troubled past? [closed]
It seems to challenge the idea of the justice system, but in a very subtle way. Are there other flaws with this reasoning?
Is the confusion between the idea of a greater power's justice (law of nature,...
2
votes
2
answers
111
views
Formal logic on rightfulness
Is there a kind of logic that could easily formulate this kind of statement: X has the right to do Y?
Or more generally: An object that has the property X (or in a set X) could also choose to have ...
0
votes
0
answers
157
views
Analogy of Set and Subset and Contracts in abstracto and Marriage in concreto/in particular
I had a talk with a professor of family law and we are frequently told that there are general ordinances for contracts in general and particular ordinances for marriage.
I am problematised by the ...
3
votes
6
answers
702
views
Innocent until proven guilty [duplicate]
Why is it right?
And why is guilty until proven innocent wrong?
I think I have some kind of basic understanding but hopefully can learn more from your contributions.
0
votes
2
answers
121
views
Is a well-considered democratic decision good even though bad people have voted for this good decision?
Imagine the following situation:
A new law is voted in a parliament. The overwhelming majority of the population consider this new law to be very good. However, in the first voting-round there is ...
-1
votes
3
answers
292
views
Why think that retributive justice has an intrinsic value?
Obviously, punishment itself can have an extrinsic value: it may encourage fewer people to offend. But how has anyone argued for the intrinsic, rather than extrinsic, value of retributive justice?
I ...