299 Search Results for Philosophy and Law Just Justification
H.J. McCloskey gives a different account, however. He makes his argument for the Retributive Theory of Justice in opposition to the utilitarian notion of justice, but maintains that the criminal has a right to punishment. He says that the utilitari Continue Reading...
Yet, when you go beyond the generalities, it is obvious that this a taking a one size fits all approach when it comes to society. Where, you are assuming that everyone will react the same to the various rules / laws that have been established. Howev Continue Reading...
In the event you cannot honestly recommend him as an employee without lying to the new employer, you might consider explaining the truth of the situation to the new employer by telephone while providing your sister with a "file copy" of a the suppo Continue Reading...
Philosophy
The cosmological disagreement can take many forms, but it works with the basis since the cosmos (universe) exists, there must be a God. How can the information that the universe exist point to any other conclusion than that the universe e Continue Reading...
Further Consideration of the Issues:
Actually, Singer's use of the term absolute affluence is not perfectly analogous (because the corresponding analog to the conditions of absolute poverty are those of extravagant wealth not working class wealth), Continue Reading...
Justification by Faith in Romans
Paul's Epistle to the Romans is not the only treatment of the concept of justification in the New Testament -- Paul discusses the concept in other letters as well -- but it is perhaps the most extensive. That is beca Continue Reading...
5. Kant's "Copernican Revolution" in philosophy is in his genius use of the positive aspects of Rationalism (Descartes and so on) and Empiricism (Locke, Berkeley and Hume). How can you argue this out with the help of the "Critique of Pure Reason"?
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During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the pos Continue Reading...
Hume's Problem Of Induction
David Hume is known as one of the foremost skeptics and humanists of his time, who exalted in mankind's ability to transform the world through science. Somewhat ironically, then, one of his most far-reaching philosophical Continue Reading...
Empiricism is fundamentally the belief that all knowledge is eventually resultant from the senses and experience, and that all conceptions can be linked back to data from the senses. John Locke, George Berkeley, and David Hume are considered to be th Continue Reading...
Just War Theory
Sweeping changes in the way wars are fought have brought current scholars' attention to the ethical concept of the Just War. The concept of the Just War is nearly as old as war itself; it is perhaps best codified in Thucydides' Hist Continue Reading...
Just War" Theory
The idea of a 'just war' is a conundrum. How can one group of people consider their actions 'right' or 'just' to apply military force against an another group. When can one group's actions, which will create devastation, economic d Continue Reading...
Philosophy
Nietzsche often identified life itself with "will to power," that is, with an instinct for growth and durability. This concept provides yet another way of interpreting the ascetic ideal, since it is Nietzsche's contention "that all the s Continue Reading...
Our key clue in this passage is the reference to Dionysia, the festival in honor of Dionysus, God of Wine and Pleasure. Instead of philosophical study, this festival is held in the Spring for 6 days of plays, tragedies, feats, and wine. Dionysus, a Continue Reading...
Natural Law
For centuries the dominant philosophical thought on the issue of natural law was dominated by the Catholic Church's theocracy (Gula, 1989). Natural law is the idea that law exists that is set by nature and that therefore it is universall Continue Reading...
Jurisprudence
As a theory in law, Jurisprudence involves varying philosophical perceptions about the purposes of law, the legal system and the institutions developed to regulate law. In an effort to understand the basic, fundamental reasoning for la Continue Reading...
Kant Theories and Criticism
Kant's Theories and Criticism
Kant's Theories and Criticism
Kant's work with respect to good will and morality is appreciable but is also criticized in numerous manners. The philosophical phenomenon of Kant addresses th Continue Reading...
Peaceful Approaches to Human Interaction
Throughout history, conflicts over scarce resources or fundamental differences in political or religious ideologies have exacted an enormous toll on humanity, with the 20th century being perhaps the most vio Continue Reading...
Social Philosophy
Concluding in Political moderation, in "A Theory of Justice," and in later works, John Rawls explains a comprehensive, as well as influential theory, which is on the subject of, presenting a theory of justice in concurrence with th Continue Reading...
Utilitarianism, a philosophy first espoused by Jeremy Bentham, embodies an important set of concepts in that it coincided with the re-thinking of what we know as liberalism. The liberalism of the early 19th century was a product of classical economic Continue Reading...
Both of these perspectives are, from Hart's perspective, too extreme: he wants a legal theory which would be free from moral evaluations or moral commitments (unlike Finnis' approach), while remaining a descriptive theory of the practice rather than Continue Reading...
You can't just issue degrees without having the use of force lurking in the background to make sure those degrees have some "teeth" so to speak. But Rousseau rejected that idea.
Rousseau also rejected the notion that ties between family members wer Continue Reading...
This demands that states treat terrorists just as they would any heinous criminal, whether an ordinary lawbreaker or war criminal. Law enforcement entails arrest, trial and sentencing, and only permits law enforcement officers to use lethal force wh Continue Reading...
It must be considered, as well, that genetic testing is a somewhat newer thing and the results can be skewed; so even if a doctor did do a test and results came up negative, there is a chance something could have been positive. Is the doctor respon Continue Reading...
Fichte separate right from morality and is it a good thing? Should they be separated?
Fichte's Philosophy of Right and Ethics
Why does Fichte separate right from morality and is it a good thing? Should they be separated?
Moral and political anxie Continue Reading...
As Waldron (2009) emphasizes in an article entitled, The Concept of the Rule of law, the rule of law
... is invoked whenever we criticize governments that are trying to get their way by arbitrary and oppressive action or by short-circuiting the pro Continue Reading...
Rousseau's work on The Social Contract begins with a legendary ringing indictment of society as it exists: "Man is born free; and everywhere he is in chains" (Rousseau 1993, p. 693). Before examining Rousseau's theory of government in greater detail, Continue Reading...
The second part of this book introduces the more central aspect of his argument's epistemological motive, with the prescription for proper leadership extending from a view that is ethically, intellectually and socially instructed. We can easily det Continue Reading...
Aquinas
Thomas Aquinas was summarily concerned with the compatibility of faith and reason. In The Summa Against the Gentiles (Summa Contra Gentiles) and the Summa of Theology in particular, Aquinas presents his arguments for the synthesis of faith a Continue Reading...
Ayn Rand, "Antitrust: The Rule Unreason" alleged purpose Antitrust laws protect competition; purpose-based socialistic fallacy a free, unregulated market inevitably lead establishment coercive monopolies.
Remarks on Causation and Liability
This re Continue Reading...
Living Constitutionalism
As the leader of the free world, the United States remains in the limelight as the rest of the world keeps a keen eye on how they conduct their affairs. As it appertains to constitutional interpretation, the U.S. has a sound Continue Reading...
Just, Unjust and Laws of Conscience
Just a half a century ago, interracial marriage was still illegal in some states, and it has only been recently that same-sex marriages have been legalized across the country and cannabis has been decriminalized or Continue Reading...
Run for Your Wife
Ray Cooney's Run for Your Wife through Philosophical Inquiry
Run for Your Wife is a British farce written by Ray Cooney who also played the main protagonist, John Smith, in the play in theater performances in Britain in the 1980s. Continue Reading...
Because promises are usually kept, it is usually reasonable to rely on a promise, and promises are usually relied upon. (p. 1)
Despite its centrality to the human condition, the social practice of promising remains primitive and incomplete in compa Continue Reading...
Plato and Death
One of the most influential minds in western philosophy describing this search for meaning was Plato. Plato lived from 422-347 B.C, and was born into an aristocratic family in the city of Athens where he became a student of Socrates, Continue Reading...
TI) in Info Tech (IT)
Sorry for the first draft. I guess I was a bit careless. See if this works any better. I think I had too many ideas running through my head when I was trying to put the piece together, so some of my editing got sloppy and I le Continue Reading...
Then, my good friend, take my advice, and refute no more." In short, you must learn to take care of yourself and deal with current circumstances -- refusing to participate in 'the system' will only cause you harm, and by extension, harm to those you Continue Reading...
Ethics: Green's Dilemma
Identifying Logical Fallacies
Fallacy 1: Circular Definition (The definition includes the term being defined as a part of the definition, it is assumed because something is a rule it must be obeyed without saying why)
"I b Continue Reading...
(Leaves, 680)
Similarly Whitman informs us:
Stop this day and night with me and you shall possess the origin of all poems,
You shall possess the good of the earth and sun…there are millions of suns left,
You shall no longer take things at Continue Reading...
One party may take power away from the other. One party may lose power. This interaction or exchange leads either to equilibrium between the wielders of power, or to disequilibrium and imbalance. One can take Coleman to be saying that power is an el Continue Reading...