Results for 'judicial duty'

975 found
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  1.  27
    The Judicial Duty of Fidelity to Law: A Gertian Analysis.Robert F. Ladenson - 2013 - Teaching Ethics 14 (1):21-50.
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  2.  40
    Judicial Greatness and the Duties of a Judge.Omri Ben-Zvi - 2016 - Law and Philosophy 35 (6):615-654.
    This paper addresses the phenomenon of judicial greatness by developing a general concept of greatness and applying it to law. Under the view offered in the paper, greatness is connected to theoretical or methodological diversification. When applied to adjudication, this means that great judges are revered because they successfully make a prima facie case for their novel adjudicative methods. This is not a judicial duty but rather a voluntary project. However, once a judge succeeds in making such (...)
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  3.  9
    Ethic consultation or judicial control-changes of duties and functions of the ethic committee in biomedical research.Florian Wolk - 2002 - Ethik in der Medizin 14 (4).
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  4.  16
    La decisión judicial según los tipos de casos: "clear" cases, "borderline" cases y "pivotal" cases.J. Alberto Del Real Alcalá - 2007 - Problema. Anuario de Filosofía y Teoria Del Derecho 1 (1):355-417.
    Judges have a duty to decide judicial cases, however, judicial decision will vary and will have certain characteristics depending on the kind of case at hand: this article address three kinds of judicial cases: clear cases, borderline cases and pivotal cases. The purpose: discuss if relying on these classifications is useful or not in light of the unity in judicial adjudication principle.Resumen:Los jueces tienen el deber general de resolver los casos judiciales; sin embargo, la decisión (...)
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  5. A Duty Of Make Restitution.Stephen Smith - 2013 - Canadian Journal of Law and Jurisprudence 26 (1):157-180.
    The rules governing impaired transfers are widely thought to lie at the core of unjust enrichment law. This essay defends two propositions about these rules. First, there is no duty, in the common law, to make restitution of benefits obtained as the result of an impaired transfer . Rather than imposing duties to make restitution, or indeed duties of any kind, the rules governing impaired transfers impose only liabilities, in particular liabilities to judicial rulings. The only legal consequence (...)
     
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  6. Resource Allocation and the Duty to Give Reasons.John Stanton-Ife - 2006 - Health Care Analysis 14 (3):145-156.
    In a much cited phrase in the famous English ‘Child B’ case, Mr Justice Laws intimated that in life and death cases of scarce resources it is not sufficient for health care decision-makers to ‘toll the bell of tight resources’: they must also explain the system of priorities they are using. Although overturned in the Court of Appeal, the important question remains of the extent to which health-care decision-makers have a duty to give reasons for their decisions. In this (...)
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  7. The Ethics of Obeying Judicial Orders in Flawed Societies.Robert C. Hughes - 2020 - Res Publica 26 (4):559-575.
    Many accounts of the moral duty to obey the law either restrict the duty to ideal democracies or leave the duty’s application to non-ideal societies unclear. This article presents and defends a partial account of the moral duty to obey the law in non-ideal societies, focusing on the duty to obey judicial orders. We need public judicial authority to prevent objectionable power relationships that can result from disputes about private agreements. The moral need (...)
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  8.  18
    Public, Private, and Extra-Judicial Killing.Craig Iffland - unknown - Proceedings of the American Catholic Philosophical Association:217-226.
    Over the past decade, U.S. officials have taken steps to institutionalize the practice of targeted killing of persons outside an identifiable war zone. In the past, such a policy would have been described as extra-judicial killings. Advocates of this policy claim that the practice is permissible because the executive reviews and authorizes every targeted strike. I examine the tenability of this claim in light of Aquinas’s understanding of the natural principles of justice and their implication for our definition of (...)
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  9.  24
    On the Duties of Intellectuals to Truth: The Life and Work of Chemist-Philosopher Michael Polanyi.S. R. Jha - 1998 - Science in Context 11 (1):89-141.
    The ArgumentMichael Polanyi is placed in the ongoing Enlightenment-reform tradition as one of the first twentieth-century scientists to propose a program to correct the gravest internal conflict of the modern Enlightenment project of radical criticism: scientific detachment and moral nihilism in conflict with humanist values. He held that radical criticism leads not to truth but to destructive doubt. Only the inclusion of the “personal element,” the judicial attitude of reasonable doubt and the acknowledgment of belief in the regulative principle (...)
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  10.  23
    The Boundaries of “Good Behavior” and Judicial Competence: Exploring Responsibilities and Authority Limitations of Cognitive Specialists in the Regulation of Incapacitated Judges.Brandon Hamm & Bryn S. Esplin - 2018 - Journal of Law, Medicine and Ethics 46 (2):514-520.
    Both law and medicine rely on self-regulation and codes of professionalism to ensure duties are performed in a competent, ethical manner. Unlike physicians, however, judges are lawyers themselves, so judicial oversight is also self-regulation. As previous literature has highlighted, the hesitation to report a cognitively-compromised judge has resulted in an “opensecret” amongst lawyers who face numerous conflicts of interest.Through a case study involving a senior judge with severe cognitive impairment, this article considers the unique ethical dilemmas that cognitive specialists (...)
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  11.  42
    Towards a general practice of precedent.Sebastian Lewis - 2022 - Jurisprudence 14 (2):202-220.
    A general practice of precedent is one that can plausibly apply to any well-functioning legal system. This practice, which can be grounded in the Rule of Law, needs to make it the case that courts always have a legal reason for following relevant precedent – even if the precedent is morally suboptimal, so long as it is not evil. Without this reason, a precedent may be treated as having no legal influence for the later court (‘the Null Model’), and this (...)
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  12.  38
    Litigating the Public Sector Equality Duty: The Story So Far: Table 1.Aileen McColgan - 2015 - Oxford Journal of Legal Studies 35 (3):453-485.
    This paper considers the development and judicial application of the Public Sector Equality Duty now found in section 149 Equality Act 2010, previously in a variety of forms in the Race Relations Act 1976, the Disability Discrimination Act 1995 and the Sex Discrimination Act 1975. It identifies a number of emerging themes in the jurisprudence concerned, in particular, with the relationship between the PSED and Wednesbury review, the extent of the information-gathering obligation it imposes, the delegability of PSED (...)
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  13.  56
    Problems of Application of Employee's Duty not to Compete.Tomas Bagdanskis - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (3):1175-1194.
    As there is a gap of legal regulation of covenants not to compete in Lithuania, the legal doctrine and the case-law are analyzed in this article. It is recognized in judicial practice that labour laws are not applicable for the regulation of the covenants not to compete. So, the parties, an employer and employee, are free to make agreement on non-competition. There are some suggested principles how to make parties’ agreement on non-competition. Firstly, there should be disputed an adequate (...)
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  14.  26
    Responsibility in an Interconnected World: International Assistance, Duty, and Action.Susan P. Murphy - 2016 - Cham: Springer Verlag.
    This monograph opens with an examination of the aid industry and the claims of leading practitioners that the industry is experiencing a crisis of confidence due to an absence of clear moral guidelines. The book then undertakes a critical review of the leading philosophical accounts of the duty to aid, including the narrow, instructive accounts in the writings of John Rawls and Peter Singer, and broad, disruptive accounts in the writings of Onora O’Neill and Amartya Sen. Through an elaboration (...)
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  15.  64
    Limits of legality: the ethics of lawless judging.Jeffrey Brand-Ballard (ed.) - 2010 - New York, N.Y.: Oxford University Press.
    Introduction -- Practical reasons and judicial use of force -- Deviating from legal standards -- The legal duties of judges -- The normative classification of legal results -- Reasons to deviate -- Adherence rules -- Obeying adherence rules -- The judicial oath -- Legal duty and political obligation -- Systemic effects -- Agent-relative principles -- Optimal adherence rules -- Guidance rules -- Treating like cases alike -- Implementation -- Theoretical implications -- Conclusion.
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  16.  33
    Conventions and The Normativity of Law.Maximilian Kiener - 2018 - Archiv Fuer Rechts Und Sozialphilosphie 104 (2):220-231.
    This essay criticises the attempt to explain the so-called normativity of law with reference to a model of coordination conventions. After specifying the explanandum of the normativity of law, I lay out the conceptions of ‘coordination’ and ‘convention’ and how the combination of both sets out to contribute to legal philosophy. I then present two arguments against such an account. Firstly, along a reductio ad absurdum, I claim that if an account of coordination conventions tries to explain the normativity of (...)
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  17.  16
    A Reassessment of the Role of Good Faith in Personal Liability Before and After Stone v Ritter.Mahna R. Alzhrani - forthcoming - Evolutionary Studies in Imaginative Culture:32-43.
    The paper explores the role of good faith within the traditional theory of fiduciary duty in the lead-up of the Delaware Supreme Court’s Stone ex-rel. AmSouth Bancorporation v. Ritter decision. The enforcement of the director’s liability is discussed concerning the doctrinal controversies concerning inter alia, the reach of the exculpation statute passed after the Smith v Van Gorkon holding. The paper also analyzes the conditions that a Plaintiff must survive a motion to dismiss a claim of director liability; the (...)
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  18.  52
    Abortion Needs or Abortion Rights? Claiming State Accountability for Women’s Reproductive Welfare: Family Planning Association of Northern Ireland v. Minister for Health, Social Services and Public Safety.Ruth Fletcher - 2005 - Feminist Legal Studies 13 (1):123-134.
    The Family Planning Association Northern Ireland (F.P.A.N.I.) has recently been successful in holding the state accountable for its duty to safeguard women’s reproductive health and welfare, and clarify the circumstances in which abortion is lawful. By demanding that the Minister for Health investigate abortion provision and produce abortion guidance, F.P.A.N.I. hope to improve the quality of abortion services and alleviate the situation of those women who are legally entitled to abortion in Northern Ireland but cannot access it there. This (...)
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  19.  20
    Overcoming a clash of absolutes: the conflicting ethical demands posed by access to medicines litigation confronted by Latin American judges.Javier Couso - 2023 - Legal Ethics 26 (1):126-143.
    This article analyses the conflicting professional ethical demands imposed on judges to, on the one hand, faithfully apply the existing law of the land and, on the other hand, do justice in the face of urgent global challenges such as ensuring an equal access to life-saving medicines. After establishing the precise nature of the professional ethical duties of judges (as opposed to those of lawyers) and noting the tensions they face when the duty of applying the law prevents them (...)
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  20.  44
    De la intención en el respeto al derecho: respuesta al profesor Kervégan.Domingo Blanco Fernández - 2009 - Logos. Anales Del Seminario de Metafísica [Universidad Complutense de Madrid, España] 42:25-35.
    Desde la separación estricta de ética y derecho, la Rechtslehre kantiana sostiene que es la ética la que exige al sujeto que haga suya la máxima de actuar conforme al derecho. En la misma línea defiende J. F. Kervégan que los sujetos habríamos de reconocer como un deber ético el respeto a las normas jurídicas, sin que esto quiera decir que el derecho dependa de la ética, pues en estricto derecho no podría tenerse a la intención de conciencia como móvil (...)
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  21.  52
    A Critical Analysis of Misappropriation Theory in Insider Trading Cases.Steven R. Salbu - 1992 - Business Ethics Quarterly 2 (4):465-477.
    Under the present judicial interpretation of federal securities law, an individual is prohibited from trading on non-public information that has been misappropriated in contravention of a fiduciary duty. Trades made using non-pubIic information that has not been misappropriated are not prohibited by Rule 10b-5, promulgated under the Securities and Exchange Act of 1934. The current requirement of misappropriation to trigger Rule 10b-5 liability creates a gap that permits transactions that are both ethically and economically undesirable. Judicial or (...)
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  22.  51
    Medical negligence: who sets the standard?K. M. Norrie - 1985 - Journal of Medical Ethics 11 (3):135-137.
    'The law imposes the duty of care: but the standard of care is a matter of medical judgment'. So says Lord Scarman, outlining the hitherto accepted 'Bolam' standard, in his recent speech in the House of Lords decision of Sidaway v Bethlem Royal Hospital, reflecting earlier judicial dicta suggesting that it is for the medical profession rather than the courts to determine whether or not a medical practitioner has achieved the required standard of care (1). It is suggested (...)
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  23. Mistake of Law and Obstruction of Justice: A 'Bad Excuse' ... Even for a Lawyer!Lucinda Vandervort - 2001 - University of New Brunswick Law Journal 50: 171-186.
    In Regina v. Murray, (2000, Ont S.Ct.J.) the learned trial judge, Justice Gravely, errs in his interpretation and application of the law of mens rea in the offense of willfully attempting to obstruct justice under section 139(2) of the Criminal Code of Canada. In view of his findings of fact and law, including the determination that the accused knowingly and intentionally committed the actus reus of the offense and the absence of any suggestion that he lacked awareness of any relevant (...)
     
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  24.  68
    Socrates' Trial and Conviction of the Jurors in Plato's Apology.Douglas Blyth - 2000 - Philosophy and Rhetoric 33 (1):1-22.
    In lieu of an abstract, here is a brief excerpt of the content:Socrates' Trial and Conviction of the Jurors in Plato's ApologyDougal BlythI am going to argue in this paper that, in the three speeches constituting his Apology of Socrates, Plato presents the judicial proceedings that led to Socrates' execution as having precisely the opposite significance to their superficial legal meaning. This re-evaluation will lead to some reflections on the politics of Socrates' defence, and, similarly, on Plato's own aims (...)
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  25.  6
    The Coxford Lecture Honour, Oaths, and the Rule of Law.Paul Horwitz - 2019 - Canadian Journal of Law and Jurisprudence 32 (2):389-411.
    Impersonality is frequently invoked as a core element of the rule of law. In this article, I discuss a troika of values and institutions–office, honour, and the oath–that provide deeply personal springs for the conduct of judges and other office-holders. In so doing, these institutions make possible the sort of impersonality valued by the rule of law. A focus on office emphasizes the importance of duty rather than power. Honour is the desire to be well thought of by others, (...)
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  26.  55
    Assessing Laws and Legal Authorities for Public Health Emergency Legal Preparedness.Brian Kamoie, Robert M. Pestronk, Peter Baldridge, David Fidler, Leah Devlin, George A. Mensah & Michael Doney - 2008 - Journal of Law, Medicine and Ethics 36 (s1):23-27.
    Public health legal preparedness begins with effective legal authorities, and law provides a key foundation for public health practice in the United States. Laws not only create public health agencies and fund them, but also authorize and impose duties upon government to protect the public's health while preserving individual liberties. As a result, law is an essential tool in public health practice and is one element of public health infrastructure, as it defines the systems and relationships within which public health (...)
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  27.  11
    Selections from Pascal.Blaise Pascal - 1906 - Boston: D. C. Heath. Edited by F. M. Warren.
    Excerpt from Selections From Pascal Blaise pascal was born at Clermont - Ferrand, in the center of F rance, on June 19, 1623. Three years later his mother died, and his father, taking the family duties most seriously, decided to be his son's own educator. At this time the father occupied a judicial position of considerable importance, but in 1630 he retired from it, moved the household to Paris, and gave himself up entirely to his work of preceptor. He (...)
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  28.  13
    Materiality of conflict of interest in informed consent to medical treatment in the United Kingdom.J. O’Neill - 2022 - Ethics and Behavior 32 (5):375-400.
    ABSTRACT The UK Supreme Court ruling of Montgomery v Lanarkshire clarified that in obtaining informed consent to treatment, practitioners are under a duty to inform patients of material risks. Traditionally such risk has pertained to the clinical risks inherent to treatment. In examining empirical and judicial evidence, this paper makes the case for disclosure of potent financial interests; with potency relating to those interests likely to have greatest influence over practice. The paper explores how financial interests may detrimentally (...)
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  29. Aging, Death, and Human Longevity: A Philosophical Inquiry.Christine Overall - 2003 - University of California Press.
    With the help of medicine and technology we are living longer than ever before. As human life spans have increased, the moral and political issues surrounding longevity have become more complex. Should we desire to live as long as possible? What are the social ramifications of longer lives? How does a longer life span change the way we think about the value of our lives and about death and dying? Christine Overall offers a clear and intelligent discussion of the philosophical (...)
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  30.  52
    Hate Speech Law: A Philosophical Examination.Alexander Brown - 2015 - New York, NY: Routledge.
    Hate speech law can be found throughout the world. But it is also the subject of numerous principled arguments, both for and against. These principles invoke a host of morally relevant features and practical considerations . The book develops and then critically examines these various principled arguments. It also attempts to de-homogenize hate speech law into different clusters of laws/regulations/codes that constrain uses of hate speech, so as to facilitate a more nuanced examination of the principled arguments. Finally, it argues (...)
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  31. Assessing Randomness in Case Assignment: The Case Study of the Brazilian Supreme Court.Julio Michael Stern, Diego Marcondes & Claudia Peixoto - 2019 - Law, Probability and Risk 18 (2/3):97-114.
    Sortition, i.e. random appointment for public duty, has been employed by societies throughout the years as a firewall designated to prevent illegitimate interference between parties in a legal case and agents of the legal system. In judicial systems of modern western countries, random procedures are mainly employed to select the jury, the court and/or the judge in charge of judging a legal case. Therefore, these random procedures play an important role in the course of a case, and should (...)
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  32. Business Ethics – Deontologically Revisited.Edwin R. Micewski & Carmelita Troy - 2007 - Journal of Business Ethics 72 (1):17-25.
    In this paper we look at business ethics from a deontological perspective. We address the theory of ethical decision-making and deontological ethics for business executives and explore the concept of “moral duty” as transcending mere gain and profit maximization. Two real-world cases that focus on accounting fraud as the ethical conception. Through these cases, we show that while accounting fraud – from a consequentialist perspective – may appear to provide a quick solution to a pressing problem, longer term effects (...)
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  33.  43
    Are Rights of Nature Manifesto Rights (And is That a Problem)?Patrik Baard - 2023 - Res Publica 29 (3):425-443.
    That nature, including insentient entities such as trees, rivers, or ecosystems, should be recognized as right-holders is an enticing thought that would have substantial practical repercussions. But the position finds little support from moral conceptions of rights and moral distinctions that have judicial relevance in the sense of providing normative reasons for legislation and assessing existing laws. An alternative to viewing rights of nature as proper rights resting on valid moral claims that ought to be legally recognized is to (...)
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  34. Speaking for Others from the Bench.Wendy Salkin - 2023 - Legal Theory 29 (2):151-184.
    In this article, I introduce and examine the novel concept of bench representation. Jurists and scholars have extensively examined whether judges are or ought to be considered symbolic representatives of abstract concepts (for instance, the law, equality, or justice), representatives of society as a whole, or descriptive representatives of the social groups from which they hail. However, little attention has been paid to the question whether judges act as representatives for the parties before them through their everyday work on the (...)
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  35.  97
    The Ethics of Enhanced Interrogations and Torture: A Reappraisal of the Argument.William O'Donohue, Cassandra Snipes, Georgia Dalto, Cyndy Soto, Alexandros Maragakis & Sungjin Im - 2014 - Ethics and Behavior 24 (2):109-125.
    This article critically reviews what is known about the ethical status of psychologists’ putative involvement with enhanced interrogations and torture (EITs). We examine three major normative ethical accounts (utilitarian, deontic, and virtue ethics) of EITs and conclude, contra the American Psychological Association, that reasonable arguments can be made that in certain cases the use of EITs is ethical and even, in certain circumstances, morally obligatory. We suggest that this moral question is complex as it has competing moral values involved, that (...)
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  36.  35
    Should Undocumented Aliens Be Entitled to Health Care?James W. Nickel - 1986 - Hastings Center Report 16 (6):19-23.
    Congress recently decided that undocumented aliens are ineligible for medical benefits under the 1966 Medicaid Act, overruling a judicial decision that would have required the federal government to reimburse states partially for the costs of providing free care. Is providing such care simply a matter of prudence and charity? Or do illegal aliens have strong moral claims to medical care that generate duties for hospitals and government agencies?
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  37. Legal Formalism, Legal Realism, and the Interpretation of Statutes and the Constitution.Richard Posner - 1986 - Case Western Reserve Law Review 37 (2):179–217.
    A current focus of legal debate is the proper role of the courts in the interpretation of statutes and the Constitution. Are judges to look solely to the naked language of an enactment, then logically deduce its application in simple syllogistic fashion, as legal formalists had purported to do? Or may the inquiry into meaning be informed by perhaps unbridled and unaccountable judicial notions of public policy, using legal realism to best promote the general welfare? Judge Posner considers the (...)
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  38.  80
    Two rules of legality in criminal law.Peter Westen - 2006 - Law and Philosophy 26 (3):229-305.
    Criminal law scholars approach legality in various ways. Some scholars eschew over-arching principles and proceed directly to one or more distinct “rules”: (1) the rule against retroactive criminalization; (2) the rule that criminal statutes be construed narrowly; (3) the rule against the judicial creation of common-law offenses; and (4) the rule that vague criminal statutes are void. Other scholars seek a single principle, i.e., the “principle of legality,” that they claim underlies the four rules. In contrast, I believe that (...)
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  39.  13
    Unconstitutionality, Invalidity, and Charter Challenges.Michael Giudice - 2002 - Canadian Journal of Law and Jurisprudence 15 (1):69-83.
    Inclusive legal positivism maintains that the existence and content of laws may, but need not, depend on standards of morality. As Wil Waluchow argues, inclusive positivism derives much of its plausibility through its explanation of Charter societies such as Canada. On his account, the fundamental rights of political morality contained in the Canadian Charter of Rights and Freedoms serve as ultimate criteria of the existence or validity of all laws in Canada, and thus form part of Canada’s rule of recognition. (...)
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  40. The Reach of Amnesty for Political Crimes: Which Extra-Legal Burdens on the Guilty does National Reconciliation Permit?Thaddeus Metz - 2011 - Constitutional Court Review 3:243-270.
    Suppose that it can be right to grant amnesty from criminal and civil liability to those guilty of political crimes in exchange for full disclosure about them. There remains this important question to ask about the proper form that amnesty should take: Which additional burdens, if any, should the state lift from wrongdoers in the wake of according them freedom from judicial liability? I answer this question in the context of a recent South African Constitutional Court case that considered (...)
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  41. democratic equality and freedom of religion.Annabelle Lever - 2016 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 6 (1):55-65.
    According to Corey Brettschneider, we can protect freedom of religion and promote equality, by distinguishing religious groups’ claims to freedom of expression and association from their claims to financial and verbal support from the state. I am very sympathetic to this position, which fits well with my own views of democratic rights and duties, and with the importance of recognizing the scope for political choice which democratic politics offers to governments and to citizens. This room for political choice, I believe, (...)
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  42. Are there any rules?Timothy Endicott - 2001 - The Journal of Ethics 5 (3):199-219.
    Widespread, deep controversy as to the content of the law of a community is compatible with the view that the law is a system of rules. I defend that view through a critique of Ronald Dworkin's discussion of Riggs v. Palmer 22 N.E. 188. Dworkin raised an important challenge for jurisprudence: to account for the fact that legal rights and duties are frequently controversial. I offer an explanation of the possibility of deep disagreement about the application of social rules, which (...)
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  43. Deliberative Democracy and Constitutional Review.Christopher F. Zurn - 2002 - Law and Philosophy 21 (4/5):467 - 542.
    Recent work in democratic theory has seriously questioned the dominant pluralist model of self-government and recommended the adoption of a ‘deliberative’ conception of constitutional democracy. With this shift in basic political theory, the objection to judicial review, often voiced in jurisprudential theory, as an anti-democratic instance of paternalism merits another look. This paper argues that the significant differences between four recent theories of constitutional review—put forward by Ely, Perry, Dworkin, and Habermas—are best understood as arising from different positions taken (...)
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  44.  11
    Metaphysics: An Outline of the History of Being by Mieczyslaw Albert Krapiec, O.P.John Knasas - 1995 - The Thomist 59 (1):152-156.
    In lieu of an abstract, here is a brief excerpt of the content:152 BOOK REVIEWS with Weinrih's theory of formalism which Joseph Raz points out in his essay. One of the most serious of these deficiencies in my opinion is the role that is accorded to the judiciary. Weinrih's theory, as Raz shows, requires that when positive law is in conflict with the " form of law," positive law should he disregarded by the courts, and the courts in these cases (...)
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  45.  13
    The Literary Technique Styles Of The al-Muḥassināt al-Maʿnewiyye İn Kirmāsti’s Work “al-Mukhtār Fi Al-Maʿāni we al-Bayān”.Mehmet Sıddık Özalp - 2024 - Tasavvur - Tekirdag Theology Journal 10 (1):69-105.
    Yûsuf b. Hussein al-Kirmāstī (d. 900/1494), a figure who lived in the 15th century, studied under scholars of his time such as Khujazāda Muṣliḥuddīn Efendi (d. 893/1488). Kirmāstī was from the district of Kirmāstī (Mustafakemalpaşa) in Bursa. Yûsuf b. Hussein al-Kirmāstī was a qadi (judge) during the reign of Sultan Bâyezid II (1481-1512). Kirmāstī, originally from Kirmāstī (Mustafakemalpaşa), Bursa, established a medrese (theological school) in Istanbul named Kirmâstî. After serving as a lecturer in various madrasahs, he transitioned to the (...) field, carrying out qadi duties in Bursa and Istanbul. His just decisions and courageous stance during his tenure as a qadi earned him the appreciation of Sultan Bâyezid II. Kirmāstī, who had a mosque, a madrasah, and a school in Istanbul, is known to have had an additional school in his hometown of Kirmāstī. He passed away in 900/1494 and was buried next to the school he built in Fatih Mosque. This study aims to reintroduce Kirmāstī to the contemporary academic world from a fresh perspective, considering his proficiency in religious and linguistic sciences of the time, including rhetoric, badiʿ, bayān, uṣūl, fiqh, debate and ʿaqāid. The focus is on this study the stylistic elements of literary technique styles (al-muḥassināt al-maʿnewiyyah) within his specific work titled “al-Mukhtār fi-l-maʿānī wa-l-bayān”. Through this exploration, the significant Ottoman scholar and his works are presented, followed by an analysis of the literary technique styles in “al-Mukhtār fi-l-maʿānī wa-l-bayān” bringing attention to interested parties. (shrink)
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  46. Kant on the State, Law, and Obedience to Authority in the Alleged ‘Anti-Revolutionary’ Writings.Kenneth R. Westphal - 1992 - Journal of Philosophical Research 17:383-426.
    The tension between Kant’s egalitarian conception of persons as ends in themselves and his rejection of the right of revolution has been widely discussed. The crucial issue is more fundamental: Is Kant’s defense of absolute obedience consistent with his own principle of legitimate law, that legitimate law is compatible with the Categorical Imperative? Resolving this apparent inconsistency resolves the subsidiary inconsistencies that have been debated in the literature. I argue that Kant’s legal principles contain two distinct grounds of obligation to (...)
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  47.  33
    Guillaume Bude, Andrea Alciato, Pierre de l'Estoile: Renaissance Interpreters of Roman Law.Michael Leonard Monheit - 1997 - Journal of the History of Ideas 58 (1):21-40.
    In lieu of an abstract, here is a brief excerpt of the content:Guillaume Budé, Andrea Alciato, Pierre de l’Estoile: Renaissance Interpreters of Roman LawMichael L. MonheitIn the Renaissance, jurists and other scholars intensely debated the problem of how to interpret correctly the Corpus iuris civilis (CIC), Justinian’s great sixth-century-ad compilation of Roman law. 1 Yet by the sixteenth century jurists had been closely interpreting its texts for four centuries; indeed Roman law jurists, much more than pre-Reformation theologians, innovated through close (...)
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  48. Socrates' Trial and Conviction of the Jurors in Plato's "Apology".Dougal Blyth - 2000 - Philosophy and Rhetoric 33 (1):1 - 22.
    In lieu of an abstract, here is a brief excerpt of the content:Socrates' Trial and Conviction of the Jurors in Plato's ApologyDougal BlythI am going to argue in this paper that, in the three speeches constituting his Apology of Socrates, Plato presents the judicial proceedings that led to Socrates' execution as having precisely the opposite significance to their superficial legal meaning. This re-evaluation will lead to some reflections on the politics of Socrates' defence, and, similarly, on Plato's own aims (...)
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  49.  13
    How Practices Make Principles and How Principles Make Rules.Mitchell Berman - 2024 - Journal of Ethics and Social Philosophy 28 (3).
    One of the most fundamental questions in general jurisprudence concerns what makes it the case that the law has the content that it does. It is the job of theories of legal content to provide answers. This article offers a novel positivist theory of legal content. According to the theory it calls “principled positivism,” legal practices ground legal principles, and legal principles determine legal rules. This two-level account of the determination of legal content differs from Hart’s celebrated theory in two (...)
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  50.  33
    Ante el daño absoluto, la resistencia: una lectura desde Vladimir Jankélévitch.Lida Esperanza Villa Castaño - 2016 - Eidos: Revista de Filosofía de la Universidad Del Norte 25:129-156.
    Este artículo, siguiendo al filósofo francés Vladimir Jankélévitch, desvela la ética de la resistencia como una vía frente a la imposibilidad de perdonar en casos de violencia extrema y, en particular, cuando no hay arrepentimiento por parte del victimario. La senda de la resistencia configura, entonces, no solo el compromiso y la necesidad de mantener vivo el recuerdo del horror y la preciosa ipséité, sino la posibilidad de re-sentir y re-significar el silencio como un modo de dignificar a las víctimas, (...)
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