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The Legal Artifice of Liberty: On Beccaria’s Philosophy

Beccaria’s penal philosophy hinges on the doctrinal paradigm of liberty through law. Inconceivable in the absence of laws and unattainable in the presence of arbitrary powers, liberty is profiled as ... political philosophy of his time to be concerned about the exorbitance of prohibitions, the arbitrariness of judgements, and the cruelty of punishments. In the third section, I emphasise the crucial function

Review of Emanuela Ceva and Maria Paola Ferretti, Political Corruption: The Internal Enemy of Public Institutions (Oxford: Oxford University Press 2021)

of Surrey , Guildford GU2 7XH, England Political corruption has a 'double nature': it can manifest in individual and also in institutional action. (p. 45) In Political Corruption: The Internal Enemy ... deontological duties and consequentialist considerations appear to conflict. (pp. 109-11) Ceva and Ferretti's contribution to the political corruption literature is distinctively valuable because their theory is

On Whether It Is and What It Is

This dialogue, taking place between Prof. Whether and Prof. What, focuses on the nature of the relationship between ontology, conceived as the branch of philosophy concerned with the question of what ... the complementary part of philosophy that seeks to explain, of those entities, what they are. Most philosophers claim that it is not possible to address the first question without at the same time

The Role of Desert in Tort Law

to criminal law, or that it does not provide good reasons in tort law. The normative discussion examines various arguments from the field of political philosophy, the characteristics of branches of law

Idealizing Abolition

used to signify “useless, unrealistic, naïve, utopian—perhaps even ideological or dangerous—currents in contemporary political philosophy.”8 Untenable visions about a radically different future, these ... political philosophy may be more properly 2 Dorothy E. Roberts, Abolition Constitutionalism, 133 Hvar . L. r ev . 1, 120 (2019). 3 Amna A. Akbar, An Abolitionist Horizon for (Police) Reform, 108 CaL . L. r

Mexico’s colonial and early postcolonial state-formation: A political-Marxist account

la literatura del marxismo político al contexto latinoamericano.Keywords : political Marxism; historical sociology; colonial state-formation; political economy; historicism. ... This paper analyses the agrarian hacienda as the chief defining political-economic institution that shaped class composition and state formation of colonial and early postcolonial Mexico. Following the

Review of The Criminal Law’s Person, edited by Claes Lernestedt and Matt Matravers. Oxford: Hart, 2022

be future-oriented, that is, point to general prevention. A different argument could be proposed, rooted in political philosophy (which Lernestedt also takes to be the best starting point). Looking ... criminal law theory in political philosophy rather than moral philosophy. A central concept in his chapter is the legal person (in general, extending beyond criminal law). The question of who can have legal

What is Hate Speech? The Case for a Corpus Approach

of law, democracy, and free speech—depend crucially on the ordinary meaning of “hate speech.” Next, we argue, drawing on recent developments in legal philosophy, that corpus linguistics constitutes a ... Review of International Social and Political Philosophy 24 ( 2019 ): 393 - 414 . Gries , Stefan. “Corpora and Legal Interpretation .” In Routledge Handbook of Forensic Linguistics, edited by Alison Johnson

Three Kinds of Arguments for Panpsychism

known from the history of philosophy mainly due to the fact that the former is often combined with so-called Russellian monism. According to Russellian monism, the intrinsic properties of physical things ... Terminological Preliminaries Within the last 100 years, the analytic philosophy of mind has been dominated by materialism, a view that one can fully account for mental phenomena in purely physical terms, such as

Imprisonment

of those subjected to it. This impact-based approach enables us to decouple the concept of imprisonment from walls, locks, and political and social barriers, thereby highlighting atypical forms of ... Philosophy, 16, 2013, 421–438. 52 Peter Ramsay, “Voters Should Not Be in Prison! The Rights of Prisoners in a Democracy,” Critical Review of International Social and Political Philosophy, 16, 2013, 421–438, p

Replies to the Critics of Knowing and Checking: an Epistemological Investigation

Investigation (Routledge 2019), hereinafter abbreviated as KC. These papers resulted from a workshop organized by the department of philosophy of the University of Maribor. I am very thankful to the organizers of ... . Admittedly, there is some plausibility to claiming that we can check by using Newtonian physics. However, this is a general problem within the philosophy of science and not a problem for checking in particular

Tricky Truths: How Should Alethic Pluralism Accommodate Racial Truths?

Department of Philosophy, Stellenbosch University , Stellenbosch , South Africa 2 Department of Philosophy, Macquarie University , North Ryde , Australia Some alethic pluralists maintain that there are two ... accommodate such a notion. Philosophy of truth; Determination Pluralism; Douglas Edwards; Crispin Wright; Michael Lynch; Metaphysics of race 1 Introduction The important question of whether we should

Public Wrongs and Power Relations in Non-Democratic & Illiberal Polities

problems. Criminalisation; Public Wrongs; Duff; Civil order; Non-democratic regimes - Criminal law philosophy has seen rising scholarly interest in theories of criminalisation, fuelled for many by the ... Renzo, Victor Tadros (eds) Criminalization: the Political Morality of the Criminal Law (Oxford: Oxford University Press, 2014); F. Meyer, “Towards a Modest Legal Moralism: Concept, Open Questions, and

Justified Evidence Resistance

to Mylan Engel, Thomas Grundmann, Paul Silva Jr, Mona Simion, Tom Sorell, and Luis Rosa. I have benefitted from being a Senior Research Associate at the African Centre for Epistemology and Philosophy ... an intellectual virtue? Royal Institute of Philosophy Supplement , 84 , 23 - 45 . Bernecker , S. ( 2021 ). An epistemic defense of news abstinence . In S. Bernecker, A. Flowerree , & T. Grundmann (Eds

Virtue, Self-Narratives, and the Causes of Action

Journal of Philosophy , 13 ( 1 ), 11 - 20 . Ulatowski , J. , & Lumsden , D. ( 2023 ). Do political convictions infect every fibre of our being? Social Epistemology , 1 - 17 . https://doi.org/10.1080 ... of moral value are caused by virtues cultivated by a person over time. This is a notion that not only has relevance to popular thinking about virtues but also, within academic philosophy, has currency

Reasonable Doubt, Robust Evidential Probability and the Unknown

qualified defence . Journal of Political Philosophy , 27 ( 4 ), 448 - 468 . Henderson , L. ( 2021 ). Higher-order evidence and losing one's conviction . Noûs. Ho , H. L. ( 2008 ). A philosophy of evidence law ... to do. For instance, to support this claim Nance (2016) refers to a theorem by Horwich (1982 , 127-9) in the philosophy of science which shows that as we accrue relevant evidence, our expected

Examining the Ethics of Spying: A Practitioner’s View

Parliamentary Intelligence and Security Intelligence; Espionage; Ethics; Moral philosophy - Committee (ISC) overseeing their activities. But what we have not had, until Professor Fabre’s work, is a rigorous ... and to form the basis of legislation and regulation? An example is to be found in the conclusion of Chap. 3, which states ‘A political community is not justified in engaging in intelligence activities

Reply to Quong, Patten, Miller and Waldron

Philosophy. ... deploys 6 I say more about pro tanto ethical salience in my response to a connected challenge by Paul BouHabib, in ‘Three Cheers for Liberal Modesty’, Critical Review of Social and Political Philosophy

Policing Disobedient Demonstrations

unjust. As we'll see, this complicates normative matters. There are other I am grateful to participants of the 2021 Policing and Political Philosophy Workshop for feedback on an early draft of this article ... . On the standard understanding, civil disobedience is an action that intentionally breaks a law the lawbreaker takes to be unjust, to engage, rather than subvert or evade, the political process.1 The

Should Detection Avoidance Be Criminalized?

individuals engaged in constitutionally protected speech and assembly, such as political protests.11 Yet, there are also persuasive reasons for criminalizing detection avoidance. To a proponent of ... ., Vincent Chiao, “What Is the Criminal Law For?”, Law and Philosophy 35 (2016): pp. 137–63, p. 139; Harold L. Korn, “The Choiceof-Law Revolution: A Critique”, Columbia Law Review 83 (1983): pp. 772–973, p