Philosophy of Law eJournal最新文献_第2页

. . . and Law ……和法律

Philosophy of Law eJournal Pub Date : 2016-06-01 DOI: 10.1017/9781316584361.019

J. Schlegel

引用次数: 1

The Need for Audacious Fully Armed Scholars: Concluding Reflections 需要大胆的全副武装的学者:总结思考

Philosophy of Law eJournal Pub Date : 2016-05-23 DOI: 10.2139/ssrn.2783302

W. van der Burg

{"title":"The Need for Audacious Fully Armed Scholars: Concluding Reflections","authors":"W. van der Burg","doi":"10.2139/ssrn.2783302","DOIUrl":"https://doi.org/10.2139/ssrn.2783302","url":null,"abstract":"This is the concluding chapter of the edited volume Facts and Norms in Law. This volume explores the different ways in which researchers from various disciplines at present conceptualize facts, values, and norms, and the relation between them. The editors of this book argue that the current differences comprise a significant obstacle with regard to interdisciplinary cooperation. Therefore, understanding these differences and the extent to which the various disciplinary perspectives can be integrated is an important step towards interdisciplinary research. This chapter is not a concluding one in which everything can be nicely integrated. Today’s legal research is too diverse for that; more importantly, however, pluralism and perspectivism are unavoidable, and should even be valued in a positive manner. We need an eye for variation to do justice to the variety of legal cultures and legal fields, and to the range of disciplinary approaches that may help us to understand them. Therefore, I simply provide, under four headings, tentative reflections from my own selective perspective. First, I begin by situating the various contributions, and suggest some distinctions that might be helpful to understand the differences. Second, I discuss Peter Cserne’s suggestion of a tension between legal episteme and the episteme of the empirical sciences, and argue that we should adopt a more pluralist understanding of Lon Fuller to enrich his analysis. I then argue that we need to pay closer attention to normative research projects that are oriented towards evaluation and normative recommendation. In my view, legal scholarship should also contribute to debates on legal reform and policy recommendations, and law schools should take up that challenge. I conclude by distinguishing different types of interdisciplinary research, and examine how the relation between facts and norms does play a role in each of these types. I argue that perspectivism and selectivity are inevitable; in other words, there is no view from nowhere, nor is there a Herculean view that can integrate them all.","PeriodicalId":129013,"journal":{"name":"Philosophy of Law eJournal","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122822102","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Personal Debarment for Non-Distributive Corporate Misconduct: On the Efficacy of Debarring the Individual from Government Contracts for Collective Wrongdoing 非分配性企业不当行为的个人限制:论个人从集体不当行为的政府合同中取消限制的效力

Philosophy of Law eJournal Pub Date : 2016-04-11 DOI: 10.2139/ssrn.2763334

D. Schoeni

{"title":"Personal Debarment for Non-Distributive Corporate Misconduct: On the Efficacy of Debarring the Individual from Government Contracts for Collective Wrongdoing","authors":"D. Schoeni","doi":"10.2139/ssrn.2763334","DOIUrl":"https://doi.org/10.2139/ssrn.2763334","url":null,"abstract":"Debarments under the federal government procurement system are not supposed to punish but only to protect the public interest; they are unconcerned with past misconduct, only guarding the government from dealing with contractors who are not presently responsible. Although the system fancies itself indifferent to punishment, it depends on the justice system to adjudicate which firms and people endanger the public interest. And the justice system is fundamentally about punishment for past misconduct. Whatever the debarment system’s pretenses may be, the criminal law’s purpose is to punish the guilty, debarments are thus only one step removed from judgments of moral culpability, and effectively protecting the public interest depends on the justice system’s effectiveness. Like the justice system on which it depends, the debarment system concentrates too much on individual misconduct, neglecting the significance of collective misconduct. This Article examines the grounds on which a corporation itself may be morally responsible. The purpose is to illuminate unseen dangers corporations may pose. Debarring individuals, even those in high positions, for collective misconduct may be ineffectual scapegoating. Recognizing that some misconduct is collective may help debarment officials to better identify the locus of responsibility and issue debarments accordingly. And recognizing the existence of collective misconduct may lead policymakers to consider if the system should concentrate on corporate governance instead of debarments.","PeriodicalId":129013,"journal":{"name":"Philosophy of Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132024692","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal Reconstitution of the Welfare State: A Latent Social Democratic Legacy 福利国家的法律重构：社会民主党的潜在遗产

Philosophy of Law eJournal Pub Date : 2016-03-03 DOI: 10.2307/3053384

David Kettler

{"title":"Legal Reconstitution of the Welfare State: A Latent Social Democratic Legacy","authors":"David Kettler","doi":"10.2307/3053384","DOIUrl":"https://doi.org/10.2307/3053384","url":null,"abstract":"The great challenge to contemporary political analysis and theoretical reflection is posed by the much discussed \"crisis\" of the welfare state in the wealthy nations of western Europe and North America, by the attendant dramatic reversals of public policy in several of the leading nations, and by the widespread loss of confidence and political initiative among the welfare state's dedicated partisans (Dunn, 1984). Although it is historically accurate enough to say that \"the essence of the welfare state is government protected minimum standards of income, nutrition, health, housing, and education, assured to every citizen as a right, not as a charity\" (Wilensky, 1975, p. 1), a broader use of the term seems justified by usage in important parts of the literature (Lowi, 1985), as well as by analytical considerations. The new classes of expenditures and guarantees to which the historical definition refers have been everywhere closely intertwined with regulatory and planning measures, as well as with characteristic developments in the organization of government and the constitution of the political process. As Luhmann has pointed out, the welfare state utilizes law as well as money in the attempt to compensate all citizens for disadvantaged interests (Luhmann, 1981: pp. 25 32). Fiscal problems doubtless have fueled the allegations of \"crisis\", but the debate is by no means limited to issues directly affecting the public budget. The contemporary attack is aimed against the whole complex of developments associated with the great \"thrust\"in the direction of the welfare state, which Jurgen Habermas correctly identifies as the central political development of the twentieth century in these nations (Habermas, 1981).","PeriodicalId":129013,"journal":{"name":"Philosophy of Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131192165","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 11

Pre-Experiments on Annotation of Russian Coreference Corpus 俄语共同参考语料库标注的预实验研究

Philosophy of Law eJournal Pub Date : 2015-12-29 DOI: 10.2139/ssrn.2709072

S. Toldova, I. Azerkovich, Yulia Grishina, A. Ladygina, Olga Lyashevkaya, A. Roytberg, Galina Sim, M. Vasilieva

引用次数: 1

On Vectorial Marginal Products and Modern Property Theory 论向量边际产品与现代产权理论

Philosophy of Law eJournal Pub Date : 2015-12-20 DOI: 10.2139/ssrn.2706232

D. Ellerman

{"title":"On Vectorial Marginal Products and Modern Property Theory","authors":"D. Ellerman","doi":"10.2139/ssrn.2706232","DOIUrl":"https://doi.org/10.2139/ssrn.2706232","url":null,"abstract":"Neoclassical economic theory presents marginal productivity (MP) theory using the scalar notion of marginal products, and takes pains, in one way or another, to argue that competitive equilibrium satisfies the supposedly ethical principle: \"To each what he and the instruments he owns produces.\" This paper shows that MP theory can also be formulated in a mathematically equivalent way using vectorial marginal products -- which however conflicts with the above-mentioned \"distributive shares\" picture. Vectorial MP theory also facilitates the presentation of modern property theory which on the descriptive side is based on the fact that, contrary to the distributive shares picture, one legal party owes 100 percent of the liabilities for the used-up inputs and owns 100 percent of the produced outputs in a productive opportunity. On the normative side, modern property theory is the old \"labor theory of property\" presented in the modern form as the juridical-ethical principle of imputing legal responsibility in accordance with de facto responsibility for the liabilities and assets created in production -- where, of course, only persons and not things (\"the instruments he owns\") have responsible agency. Vectorial marginal products (with positive and negative components) thus facilitates presenting the actual ethical principle: \"To each person the assets and liabilities he or she produces (usually jointly with other persons).\"","PeriodicalId":129013,"journal":{"name":"Philosophy of Law eJournal","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125235071","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Public Reason Liberalism and Sex‐Neutral Marriage a Response to Francis J. Beckwith 公共理性、自由主义与中性婚姻——对弗朗西斯·j·贝克维斯的回应

Philosophy of Law eJournal Pub Date : 2015-12-01 DOI: 10.1111/raju.12095

Gregory Walker

引用次数: 0

Ownership and Exclusivity: Two Visions, Two Traditionsבעלות ובלעדיות: שתי השקפות, שתי מסורות

Philosophy of Law eJournal Pub Date : 2015-11-28 DOI: 10.5131/AJCL.2016.0005

Benjamin Porat

{"title":"Ownership and Exclusivity: Two Visions, Two Traditionsבעלות ובלעדיות: שתי השקפות, שתי מסורות","authors":"Benjamin Porat","doi":"10.5131/AJCL.2016.0005","DOIUrl":"https://doi.org/10.5131/AJCL.2016.0005","url":null,"abstract":"In recent years, many have come to consider the right to exclude as the Punctum Archimedis that the concept of property is based upon. In the present article, I seek to re-evaluate the relations between property and exclusivity from an unusual vantage point: a comparison between two deeply-rooted legal traditions – Anglo-American law and Jewish law. For this purpose, I analyze four fundamental doctrinal differences between these two legal traditions, namely the cases of unrequested improvement, of benefiting from someone else’s property, of performing legally binding actions regarding another person’s property, and of imposing positive duties on a non-owner in favor of the owner. The different solutions that were developed by each of the legal traditions explored herein are sharply and clearly reflected in these traditions’ unique respective visions regarding notions of property and exclusivity. This article intends to bring out the latent connections between the four aforementioned test cases, tracing the threads that weave the various doctrines into coherent conceptions. Ultimately, it also places each of the two legal systems discussed as a challenging mirror image for the other, calling for fresh thinking released from fixations.","PeriodicalId":129013,"journal":{"name":"Philosophy of Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128815020","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

IP as Metaphor IP隐喻

Philosophy of Law eJournal Pub Date : 2015-03-28 DOI: 10.2139/SSRN.2586587

Brian L. Frye

引用次数: 3

The Perpetual Pursuit of Sharing and Caring: Thomas Kleven's Equitable Sharing as a Guide for Legal Actors Chasing Meaningful Democracy 对分享和关怀的永恒追求:托马斯·克莱文的《公平分享:法律行动者追求有意义的民主的指南》

Philosophy of Law eJournal Pub Date : 2015-02-26 DOI: 10.2139/ssrn.2570912

Sas Tullo

引用次数: 0