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  1. Interpreting Action with Norms: Responsibility and the Twofold Nature of the Ought‐Implies‐Can Principle.Sebastián Figueroa Rubio - 2024 - Ratio Juris.
    This article examines the application of the ought‐implies‐can principle in the legal domain, especially in the relationship between obligations and responsibility. It addresses the challenge of cases in which an agent cannot do what is required of her, and yet it seems plausible to say that she has an obligation. To deal with these cases, two parallel distinctions are made: between rules of conduct and rules of imputation, and between doings and things done. It is proposed that these distinctions show (...)
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  2. De wet als kunstwerk [The Law as a Work of Art]. [REVIEW]Martijn Boven - 2015 - Wijsgerig Perspectief 55 (2):42-42.
    Willem Witteveen, a member of the Upper House for the Dutch Labour Party and professor at Tilburg University, was among the passengers on the MH17 aircraft that crashed in eastern Ukraine in July 2014. Prior to this tragic incident, he had submitted the manuscript of “De wet als kunstwerk [The Law as a Work of Art]”. The posthumous edition of the book has been augmented with a foreword by his son, Freek Witteveen, and a series of collages and miniatures. Consequently, (...)
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  3. AI as Legal Persons: Past, Patterns, and Prospects.Claudio Novelli, Luciano Floridi & Giovanni Sartor - manuscript
    This chapter examines the evolving debate on AI legal personhood, emphasizing the role of path dependencies in shaping current trajectories and prospects. Two primary path dependencies emerge: prevailing legal theories on personhood (singularist vs. clustered) and the impact of technological advancements. We argue that these factors dynamically interact, with technological optimism fostering broader rights-based debates and periods of skepticism narrowing discussions to limited rights. Additional influences include regulatory cross-linkages (e.g., data privacy, liability, cybersecurity) and historical legal precedents. Current regulatory frameworks, (...)
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  4. Hybrid Theory of Legal Statements and Disagreement on the Content of Law.M. Wieczorkowski - manuscript
    Disagreement is a pervasive feature of human discourse and a crucial force in shaping our social reality. From mundane squabbles about matters of taste to high-stakes disputes about law and public policy, the way we express and navigate disagreement plays a central role in both our personal and political lives. Legal discourse, in particular, is rife with disagreement - it is the very bread and butter of courtroom argument and legal scholarship alike. Consider a debate between two legal philosophers, Ronald (...)
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  5. (Relative) Authority and Inter-legality.Gürkan Çapar - 2022 - Rivista di Filosofia Del Diritto 11 (1):43-58.
    The question of how to legitimize authority is generally addressed with reference to Raz’s service conception of authority. Yet, his functional explanation does not concern itself with how authoritative institutions are empowered at the outset. Even though Raz’s monistic account of authority is coupled with input legitimacy and pluralized with Waldron’s analysis of the inter-institutional allocation of authority, it does not assist us in inter-legal situations. As inter-legality is a theory oriented towards finding legitimate ways of legal intersection, this article (...)
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  6. (Il)Legitimacy of International Intellectual Property Regime?Gürkan Çapar - 2023 - Leiden Journal of International Law 36 (3):721-747.
    The recent Covid-19 global health crisis not only brings into sharp relief the current problems afflicting the international intellectual property regime (IIPR) but also calls into question its legitimacy as an international authority. Against this backdrop, the article aims to launch an investigation into the legitimacy of the IIPR, as an international co-ordinative authority, designed to protect IP rights without prejudice to international trade norms. Drawing on Raz’s service conception of authority, it explores whether the IIPR lives up to its (...)
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  7. No Making Responsible, We Might Say, Without Holding Responsible.Sebastián Figueroa Rubio - 2024 - Analisi E Diritto 24 (1):79-91.
    This article analyses some theses developed by John Gardner that deal with the relations between different concepts of responsibility and how these are useful for understanding the relationships between agency, reasons, and responsibility practises. In the first two sections, the text introduces the Aristotelian view developed by John Gardner, focussing on how he understood the relationships between the concepts of basic responsibility, consequential responsibility and prospective responsibility. Sections III. and IV. then review two challenges that arise from the author's treatment (...)
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  8. Moral Passion and Legal Positivism: Reply to Anton Didikin.A. Nekhaev - 2019 - Omsk Scientific Bulletin. Series Society. History. Modernity 4 (4):94–111.
    The article examines the issue of a necessary connection between the phenomena of law and morality. A new classification of contemporary legal philosophy theories based on a distinction between «dietary» and «calorie» views on the question of the extent that the substantive content of law needs to be consistent with the moral requirements for it to be legal is proposed and justified. It offers a critical analysis of «dietary» views based on the assertion that the law can have any content, (...)
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  9. Identification of Legal Content, Legal Nihilism and Propriety of Methods of Interpretation.Michał Wieczorkowski - manuscript
    How do we ensure agents formulating legal statements are not systematically in error? In this paper I assume that the success of legal statements follows from the fact that propositions expressed by legal statements adequately represent legal reality. I argue that the content of legal statements hinges implicetly on the sources of law and methods in which we attribute meaning to these sources. In this regard, I identify the primary obstacle to the success of actions that consist of asserting legal (...)
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  10. (1 other version)A Causal Analysis of Harm.Sander Beckers, Hana Chockler & Joseph Y. Halpern - 2024 - Minds and Machines 34 (3):1-24.
    As autonomous systems rapidly become ubiquitous, there is a growing need for a legal and regulatory framework that addresses when and how such a system harms someone. There have been several attempts within the philosophy literature to define harm, but none of them has proven capable of dealing with the many examples that have been presented, leading some to suggest that the notion of harm should be abandoned and “replaced by more well-behaved notions”. As harm is generally something that is (...)
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  11. From Silencing to Extracted Testimony in Trials for Gender-Based Violence: A Performative Approach to Ideological Oppression.E. Volta - forthcoming - Rivista di Estetica.
    Much recent work in feminist philosophy of language and epistemology has focused on how power constrains speech and testimony. This paper aims to highlight the flip side of silencing by looking at the productive power of sexist ideology in the context of the Italian gender-based violence crime trial. Building on José Medina’s performative account of epistemic injustice (2013, 2021), I argue that when sexist conceptual resources are used by the judge as an epistemic lens, they do ideological work by setting (...)
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  12. The sensitivity of legal proof.Guido Melchior - 2024 - Synthese 203 (5):1-23.
    The proof paradox results from conflicting intuitions concerning different types of fallible evidence in a court of law. We accept fallible individual evidence but reject fallible statistical evidence even when the conditional probability that the defendant is guilty given the evidence is the same, a seeming inconsistency. This paper defends a solution to the proof paradox, building on a sensitivity account of checking and settling a question. The proposed sensitivity account of legal proof not only requires sensitivity simpliciter but sensitivity (...)
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  13. What is Legal Reasoning?Luca Siliquini-Cinelli - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-20.
    Pursuant to the aims and scope of the Special Issue it is part of, this invited contribution seeks to shed new light on the nature and working logic of legal reasoning. It does so by engaging with two of the most authoritative views on the subject which have recently been put forward in the Common law world—namely, Lord Hoffmann’s, and Larry Alexander and Emily Sherwin’s. A key-concern of the Anglophone debate on legal reasoning is whether it is a specialistic type (...)
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  14. Exploring the psychology of LLMs’ Moral and Legal Reasoning.Guilherme F. C. F. Almeida, José Luiz Nunes, Neele Engelmann, Alex Wiegmann & Marcelo de Araújo - forthcoming - Artificial Intelligence.
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  15. Legal Reasoning and Logic.Jan Woleński - 2024 - Studia Humana 13 (3):18-22.
    This paper investigates the basis arguments of so-called legal logic and their relation to logic in its standard meaning. There is no doubt that legal arguments belong to logic in the wide sense (sensu largo), but their reduction to schemes of formal logic (logica sensu stricto) is a controversial issue. It can be demonstrated that only some legal arguments fall under explicit rules of formal logic, that is, having a deductive character. Most such reasoning is fallible, and its correctness depends (...)
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  16. The practical dimension of legal reasoning.Stephen Waddams - 2016 - In Maksymilian Del Mar & Michael Lobban (eds.), Law in theory and history: new essays on a neglected dialogue. Portland, Oregon: Hart Publishing.
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  17. Legal evidence and knowledge.Georgi Gardiner - 2023 - In Maria Lasonen-Aarnio & Clayton Littlejohn (eds.), The Routledge Handbook of the Philosophy of Evidence. New York, NY: Routledge.
    This essay is an accessible introduction to the proof paradox in legal epistemology. -/- In 1902 the Supreme Judicial Court of Maine filed an influential legal verdict. The judge claimed that in order to find a defendant culpable, the plaintiff “must adduce evidence other than a majority of chances”. The judge thereby claimed that bare statistical evidence does not suffice for legal proof. -/- In this essay I first motivate the claim that bare statistical evidence does not suffice for legal (...)
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  18. Ascriptivism, Norms, and Negligence.Sebastián Figueroa Rubio - 2024 - In David Shoemaker, Santiago Amaya & Manuel Vargas (eds.), Oxford Studies in Agency and Responsibility Volume 8: Non-Ideal Agency and Responsibility. Oxford University Press. pp. 126-148.
    The present work deals with the problem that negligence poses for the relationship between agency and responsibility, that is, it is not possible to establish a sharp connection between the agent’s guilty mind and the wrongful situation. A critical examination of the various strategies that attempt to deal with this problem is presented, and an ascriptivist conception of action and responsibility, as well as the distinction between conduct rules and imputation rules, is developed to address the problem. As a result, (...)
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  19. Jury Nullification: The Jurisprudence of Jurors' Privilege.Travis Hreno - 2024 - Cambridge: Ethics International Press.
    Jury nullification, in its simplest definition, occurs when a jury returns a not guilty verdict for a defendant it believes to be legally guilty of the crime charged. To put this explicitly, a jury nullifies when, despite believing both a) that the defendant did, beyond a reasonable doubt, commit the act/omission in question, and b) that such behavior is, in fact, prohibited by law, nevertheless declares the defendant innocent. This book explores the specifically philosophical aspects of the phenomenon. Is jury (...)
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  20. Scientific Models of Legal Reasoning: Economics, Artificial Intelligence, and the Physical Sciences.Scott Brewer - 1998 - Routledge.
    This volume traces the modern critical and performance history of this play, one of Shakespeare's most-loved and most-performed comedies. The essay focus on such modern concerns as feminism, deconstruction, textual theory, and queer theory.
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  21. A Pluralistic Virtue‐Centered Theory of Judging.Gregory Bassham & Olivia Ostrowski - 2022 - Ratio Juris 35 (1):3-20.
    Ratio Juris, Volume 35, Issue 1, Page 3-20, March 2022.
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  22. Escepticismo ante las reglas y pedigree democrático de la dificultad contramayoritaria.Sebastián Reyes Molina - 2021 - DOXA 1 (44):219-232.
    The counter majoritarian difficulty is one of the main objections against the judicial review. In this paper, this objection is analyzed from the standpoint of the norm formulation/norm distinction. By stressing the distinc- tion between norm formulations and norms, I claim that when judicial review prevents the application of a norm to an individual case the counter majoritarian difficulty objection does not hold.
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  23. Sobre derecho y averiguación de la verdad.Sebastián Reyes Molina - 2017 - DOXA 1 (40):317-336.
    In the field of Evidence Law the relation between truth and law has been a somewhat non- debated topic in the past years. It is a given that such a connection exists and, it is understood as the notion of the ascertainment of the truth of disputed questions of fact through legal evidence. The thesis that I have reconstructed in this paper has been presented by Prof. Jordi Ferrer who grounds the connection between truth and law in the role of (...)
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  24. Evidential Legal Reasoning: Crossing Civil Law and Common Law Traditions.Jordi Ferrer Beltrán & Carmen Vázquez (eds.) - 2020 - New York, NY: Cambridge University Press.
    This book offers a transnational perspective of evidentiary problems, drawing on insights from different systems and legal traditions. It avoids the isolated manner of analyzing evidence and proof within each Common Law and Civil Law tradition. Instead, it features contributions from leading authors in the evidentiary field from a variety of jurisdictions and offers an overview of essential topics that are of both theoretical and practical interest. The collection examines evidence not only as a transnational field, but in a cross-disciplinary (...)
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  25. Legal Philosophy and the Study of Legal Reasoning.Torben Spaak - 2021 - Belgrade Law Review 69 (4).
    In this short paper, I argue that legal philosophers ought to focus more than they have done so far on problems of legal reasoning. Not only is this a field with many philosophically interesting questions to consider, but it is also, in my estimation, the field in which legal philosophers can contribute the most to both the study and the practice of law. For even though reasoning and interpretation are at the center of what legal practitioners and legal scholars do, (...)
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  26. Does legal epistemology rest on a mistake? On fetishism, two‐tier system design, and conscientious fact‐finding.David Enoch, Talia Fisher & Levi Spectre - 2021 - Philosophical Issues 31 (1):85-103.
    Philosophical Issues, Volume 31, Issue 1, Page 85-103, October 2021.
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  27. Objective Intentionalism and Disagreement.David Tan - 2021 - Legal Theory 27 (4):316-351.
    Intentionalist theories of legal interpretation are often divided between objectivist and subjectivist variants. The former take an interpretation to be correct depending on what the reasonable/rational lawmaker intended or what the reasonable/rational audience thinks they intended. The latter take an interpretation to be correct where the interpretation is what the speaker actually intended. This paper argues that objectivism faces serious problems as it cannot deal with disagreement: Reasonable and rational people can often disagree as to what the interpretation of a (...)
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  28. Justice, Law, and Argument: Essays on Moral and Legal Reasoning.Ch Perelman - 1980 - Dordrecht and Boston: Reidel.
    This collection contains studies on justice, juridical reasoning and argumenta tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument. The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice is, for me, the (...)
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  29. Informatics and the Foundations of Legal Reasoning.Zenon Bankowski, Ian White & Ulrike Hahn (eds.) - 1995 - Dordrecht, Netherland: Kluwer Academic Publishers.
    Informatics and the Foundations of Legal Reasoning represents a close collaboration between a wide range of disciplines and countries. Fourteen papers, together with a long analytical introduction by the editors, were selected from the contributions of legal theorists, computer scientists, philosophers and logicians who were members of an International Working Group supported by the European Commission. The Group was mandated to work towards determining how far the law is amenable to formal modeling, and in what ways computers might assist legal (...)
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  30. How Will I Know? An Epistemology of Lawyering.Emanuel Raul Tucsa - 2021 - Dissertation, York University
    What does anyone know after a trial, after a witness gives testimony, or even after seeking the counsel of a lawyer? Hopefully, the answer to these questions has something to do with the truth. Legal systems claim to have truth-seeking functions. Lawyers have specific roles in the procedures by which legal systems seek the truth and these roles are informed by the norms of legal practice. Yet, lawyers' relationship to truth and knowledge remains underexplored in the philosophy of lawyering. I (...)
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  31. Exclusionary Reasons, Virtuous Motivation, and Legal Authority.Andrew Jordan - 2018 - Canadian Journal of Law and Jurisprudence 31 (2):347-64.
    In this essay, I argue that the role for exclusionary reasons in a sound account of practical rationality is, at most, much more circumscribed than proponents of exclusionary reasons might suppose. Specifically, I argue that an attractive account of moral motivation is in tension with the idea that moral reasons can be excluded. Limiting ourselves to the tools of first order moral reasons—including such relations as outweighing, and disabling—allows us to preserve a more attractive account of the relationship between what (...)
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  32. Proportionality as procedure: Strengthening the legitimate authority of the UN Committee on Economic, Social and Cultural Rights.Antoinette Scherz & Alain Zysset - 2021 - Global Constitutionalism 10 (3):524-546.
    The Committee on Economic, Social and Cultural Rights (CESCR) has a new mechanism to receive individual complaints and issue views, which makes the question of how the Committee should interpret the broad articles of the International Covenant on Economic, Social and Cultural Rights more pressing than ever. Most commentators on the legitimacy of the CESCR’s interpretation have argued that interpreters should make better use of Articles 31–33 of the Vienna Convention on the Law of Treaties (VCLT) in order to improve (...)
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  33. Virtue, Emotion and Imagination in Law and Legal Reasoning.Amalia Amaya & Maksymilian Del Mar (eds.) - 2020 - Chicago: Hart Publishing.
    What is the role and value of virtue, emotion and imagination in law and legal reasoning? These new essays, by leading scholars of both law and philosophy, offer striking and exploratory answers to this neglected question. The collection takes a holistic approach, inquiring as to the connections and relations between virtue, emotion and imagination. In addition to the principal focus on adjudication, essays in the collection also engage with a variety of different legal, political and moral contexts: eg criminal law (...)
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  34. (1 other version)Arguments and Stories in Legal Reasoning.Gianluca Andresani & Tony Ward - 2020 - Archiv für Rechts- und Sozialphilosophie 106 (1):75-90.
    We argue that legal argumentation, as the subject matter as well as a special subfield of Argumentation Studies, has to be examined by making skilled use of the full panoply of tools such as argumentation and story schemes which are at the forefront of current work in AS. In reviewing the literature, we make explicit our own methodological choices and then illustrate the implications of such an approach through the analysis of a case study in the English law of evidence. (...)
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  35. Finding Written Law.Benjamin L. S. Nelson - manuscript
    In this paper I argue that textualism is far less attractive as a theory of written law than some of its modern proponents think. For it is not usually sensible to expect the grammatical meaning of a provision to determine its appropriate legal meaning. Factors that are unrelated to grammar in the identification of law (e.g., legal theory, context) do too much of the work. **Draft -- acknowledgments welcome, but please do not cite.**.
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  36. El lugar de la lógica en el razonamiento jurídico.Miguel Garcia-Godinez - 2019 - In Gerardo Ramirez & Manuel Jimenez (eds.), Ensayos de retórica jurídica. pp. 171-180.
  37. Asimetría constitucional y los límites del balanceo. Una nota crítica a la postura de Matthias Klatt.Miguel Garcia-Godinez - forthcoming - In Diana Gonzalez & Ruben Sanchez (eds.), El test de proporcionalidad, convergencias y divergencias.
  38. Bentham: Our Contemporary?Gianluca Andresani & Natalina Stamile - 2020 - Revista da Faculdade de Direito UFPR 65 (3):173-189.
    This article aims to evaluate the contribution of Bentham’s ideas to the jurisprudential debate in view of their relevance vis a vis their contemporary reception. The focus is on Bentham’s revolutionary idea of publicity with its spill-over effects on contemporary debates on the rule of law and accountable and transparent governance. As far as the method is concerned, after having examined Bentham’s ideas on the rule of law and the debate they raised, the focus in the second section of this (...)
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  39. Precedent, Rules and the Standard Picture.David Tan - 2016 - Australian Journal of Legal Philosophy 41:81-115.
    In 'The Standard Picture and its Discontents', Mark Greenberg remarks that the typical way that legal theorists think about legal obligations does not sit well with the way the common law works. I argue that Alexander's and Sherwin’s Rule Model of precedent can deal with all the problems that Greenberg accuses the Standard Picture of having. Nonetheless, I further argue that combining the Standard Picture and the Rule Model ultimately leads to another problem: the inability of the Standard Picture – (...)
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  40. Rebooting the new evidence scholarship.John R. Welch - 2020 - International Journal of Evidence and Proof 24 (4):351-373.
    The new evidence scholarship addresses three distinct approaches: legal probabilism, Bayesian decision theory and relative plausibility theory. Each has major insights to offer, but none seems satisfactory as it stands. This paper proposes that relative plausibility theory be modified in two substantial ways. The first is by defining its key concept of plausibility, hitherto treated as primitive, by generalising the standard axioms of probability. The second is by complementing the descriptive component of the theory with a normative decision theory adapted (...)
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  41. Varieties of Risk.Philip A. Ebert, Martin Smith & Ian Durbach - 2020 - Philosophy and Phenomenological Research 101 (2):432-455.
    The notion of risk plays a central role in economics, finance, health, psychology, law and elsewhere, and is prevalent in managing challenges and resources in day-to-day life. In recent work, Duncan Pritchard (2015, 2016) has argued against the orthodox probabilistic conception of risk on which the risk of a hypothetical scenario is determined by how probable it is, and in favour of a modal conception on which the risk of a hypothetical scenario is determined by how modally close it is. (...)
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  42. "Pragmatism and Jewish Thought: Eliezer Berkovits’s Philosophy of Halakhic Fallibility".Nadav Berman S. - 2019 - Journal of Jewish Thought and Philosophy 27 (1):86-135.
    In classical American pragmatism, fallibilism refers to the conception of truth as an ongoing process of improving human knowledge that is nevertheless susceptible to error. This paper traces appearances of fallibilism in Jewish thought in general, and particularly in the halakhic thought of Eliezer Berkovits. Berkovits recognizes the human condition’s persistent mutability, which he sees as characterizing the ongoing effort to interpret and apply halakhah in shifting historical and social contexts as Torat Ḥayyim. In the conclusion of the article, broader (...)
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  43. Probabilistic Knowledge.Sarah Moss - 2016 - Oxford, United Kingdom: Oxford University Press.
    Traditional philosophical discussions of knowledge have focused on the epistemic status of full beliefs. In this book, Moss argues that in addition to full beliefs, credences can constitute knowledge. For instance, your .4 credence that it is raining outside can constitute knowledge, in just the same way that your full beliefs can. In addition, you can know that it might be raining, and that if it is raining then it is probably cloudy, where this knowledge is not knowledge of propositions, (...)
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  44. Abductive reasoning in neural-symbolic systems.Artur S. D’Avila Garcez, Dov M. Gabbay, Oliver Ray & John Woods - 2007 - Topoi 26 (1):37-49.
    Abduction is or subsumes a process of inference. It entertains possible hypotheses and it chooses hypotheses for further scrutiny. There is a large literature on various aspects of non-symbolic, subconscious abduction. There is also a very active research community working on the symbolic (logical) characterisation of abduction, which typically treats it as a form of hypothetico-deductive reasoning. In this paper we start to bridge the gap between the symbolic and sub-symbolic approaches to abduction. We are interested in benefiting from developments (...)
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  45. Thom Brooks book review of "German Idealism and the Concept of Punishment," by Jean‐Christophe Merle, trans. Joseph J. Kominkiewicz with Jean‐Christophe Merle and Frances Brown. Cambridge: Cambridge University Press, 2009, xv + 207 pp. ISBN 978 0 521 88684 0 hb. [REVIEW]Thom Brooks - 2012 - European Journal of Philosophy 20 (1):179-182.
  46. (2 other versions)Ignorance and Semantic Tableaux: Aliseda on Abduction.John Woods - 2009 - Theoria: Revista de Teoría, Historia y Fundamentos de la Ciencia 22 (3):305-318.
    This is an examination of similarities and differences between Atocha Aliseda's semantic tableaux analysis of abduction and Dov Gabbay's and the present author's ignorance-preservation model of it. Also discussed is the suitability of these models for the analysis of the logical structure of legal reasoning.
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  47. (1 other version)Review: Seana Valentine Shiffrin, Speech Matters: On Lying, Morality, and the Law. [REVIEW]Mary Kate McGowan - 2016 - Ethics 126 (2):536-541.
  48. The Medicolegal Physical Examination.Elliot L. Sagall - 1980 - Journal of Law, Medicine and Ethics 8 (5):10-12.
  49. It Must Have Been Him: Coherence Effects within the Legal System.Jonathan N. Carbone - unknown
    The present series of studies examine how jurors and public defenders evaluate different pieces of evidence and integrate them into a coherent conclusion within the context of a criminal case. Previous research has shown that in situations where both sides of the case are compelling, decision-makers nevertheless come to highly confident and polarized decisions, called coherence shifts. The present research sought to expand on coherence effects, improve upon the methodology of previous studies, and explore potential moderators of coherence. In Study (...)
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  50. Conflicting evidence and decisions by agency professionals: an experimental test in the context of merger regulation.Bruce Lyons, Gordon Douglas Menzies & Daniel John Zizzo - 2012 - Theory and Decision 73 (3):465-499.
    Many important regulatory decisions are taken by professionals employing limited and conflicting evidence. We conduct an experiment in a merger regulation setting, identifying the role of different standards of proof, volumes of evidence, cost of error and professional or lay decision making. The experiment was conducted on current practitioners from 11 different jurisdictions, in addition to student subjects. Legal standards of proof significantly affect decisions. There are specific differences because of professional judgment, including in how error costs and volume of (...)
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