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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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 ...
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How can I "fail to attend to reasons that are yours to conform to, even though I cannot be accused of failing to conform to them myself"?
Herring, Criminal Law: Text, Cases, and Materials (8 edn, 2018). p. 851.
The distinction between principals and accomplices, as we discovered, is embedded in
the structure of rational agency. As ...
user8572
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Can responsibility or the lack thereof justify self-defence?
Ryan Cheyney argues that when an innocent Victim defends himself against an Aggressor by killing the Aggressor, he can justify his killing the Aggressor by saying he was not responsible for killing ...
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Why does the ethical doctrine of double effect presume "the bad consequence is not a means to the good consequence"?
I trust it's obvious why this presumption looks as it is supposed to - "the bad consequence IS a means to the good consequence"?
Consider Herring's example on p. 169 with the surgeon. If the bad ...
user8572
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How does denying existence of moral reasons to achieve results, also deny the existence of (normal) moral reasons to try to achieve them?
How does [1] imply [2]? Consider antinatalists. They have moral reasons TO TRY accomplish antinatalism ("AN"). But they don't have moral reasons to accomplish AN, because they probably won't ...
user8572
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How are positive duties morally less powerful than negative ones?
I don't ken the emboldening. The positive duty for pro-abortionists is to make abortion accessible, free, legal, and a universal human right. This positive duty is obviously MORE (not "less") ...
user8572
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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 ...
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Philosophy of Law, Ethics and Visualization
Slides
Can anyone provide authors or references to material on Ethics, Philosophy of Law or Logic which might help me with the following topic?
My interest is in the study of hierarchies in Ethics and ...
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Is there a term for the belief that "if it's legal, it's moral"?
Sometimes I hear arguments that seem to appeal to the fact that something is morally permissible because it is legally permitted. For example:
Abortion is moral because it's legally permitted. ...
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Do people tend to immorality like every Abrahamic religion told? [closed]
In many sentences of the Quran and other Abrahamic religious books, we are told about many different people who were immoral (thieves, corruption, adultery, etc.) until prophets come and help them ...
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Is constitution of a country simply a set of axioms?
Is it valid to think of a constitution or law in general as an axiomatic system?
Because what they do is actually stating some rules one-by-one which we just accept. This means we accept also all ...
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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 ...
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Aside from Jesus who have put justice (legalism) and friendliness (benevolence) in opposition?
I'm more interested in ancient thinkers. Maybe there are notable people with such views who lived before Jesus.
I will use the term friendliness as a treatment of someone as a potential friend. And a ...
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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
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10 : 1 - Blackstone's Principle
So, Blackstone's law states that 1 innocent man going to jail is worse than 10 guilty men being set free. This principle seems to be a fundamental principle for all Western governments.
I'm ...
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