...William Lucy legal philosophy regulation agency technological management ‘Technology … the knack of so arranging the world that we don’t have to experience it’ M Frisch, Homo Faber (1957/2006) 178. [email protected] Durham Law School. Email: [email protected] . Many thanks...

...’ international legal theory. statehood territory state creation legal philosophy political theory States are among the most powerful subjects of international law, not only in terms of their economic, military, political and social capacities, but also insofar as that legal order characteristically grants...

... or liberty holder. Yet duties and liberties can (and do) pertain to matters other than the action or inaction of the duty bearer or liberty holder. This insight has a range of doctrinal implications. rights legal philosophy private law contract law equity tort Wesley Newcomb Hohfeld famously cautioned...

...—that to understand property it is necessary to understand its justification. Along the way, I trace how Penner’s account has evolved and explain how certain alterations have put some problems to bed while generating others. property property rights rights legal philosophy jurisprudence ‘It is more plausible...

... jurisprudence legal philosophy law and coercion empirical legal studies general jurisprudence Abstract In discussing whether legal systems are necessarily coercive, legal philosophers usually appeal to thought experiments involving angels or other morally driven beings who need no coercion to organise...

... of law remains. normativity practical reasoning legal theory jurisprudence legal philosophy Raz Let me tell you something you probably already know: most articles with a yes/no question in their title give a negative answer. This paper is no exception. In Legal Directives and Practical...

... textualism legal philosophy normativity legal reasoning The semantic canons of construction, also collectively known as linguistic, textual or syntactic canons of construction, are a collection of maxims, many with Latin names, that are routinely invoked in questions of statutory interpretation...

... and exemplifying its impact on related rights. integrity digital human rights human rights theory legal philosophy The relation between digitalization and human rights is often analysed from the perspective of the threats, which digital technologies represent for human rights. There is an abundance of examples...

... and conclude by advancing an original, alternative and hybridised model of ‘the people in question’. constitutional theory citizenship legal philosophy political theory public international law ‘The constitutional citizen is a central figure for understanding many dimensions of and tensions within modern...

... strands with the aim of developing stronger connections between those working on related philosophical questions within the four strands and across disciplines. distributive justice justice tax legal theory legal philosophy Philosophy unquestionably has a long history of engagement with taxation...

..., translated with an Introduction by Valentin Jeutner. Radbruch addresses the way in which law's image of the human informs the operation and content of law. jurisprudence legal history legal philosophy natural law legal reasoning This image has varied in different legal eras. One might even say...

... that other alleged connections between the rule of law and AtoJ are not made out. The article shows that we should be circumspect about the assumed link between AtoJ and the rule of law, since it is almost always too glibly and quickly asserted. Access to justice the rule of law legal philosophy Lon L...

... to different kinds of accounts (i.e. models) of rights and theories of law (eg legal positivism) show why any theory of this sort is unnecessary for understanding rights. rights philosophy of rights legal philosophy Interest Theory Will Theory theories of rights What is a right? What do rights...

... in the law, what matters is their genuine acceptance of ultimate rules of recognition. To show this, I develop the concept of acceptance of a social rule by specifying the requirement of genuineness of acceptance and the role of mental dispositions associated with acceptance. positivism jurisprudence legal...

... sovereignty legal philosophy Liberal democracies increasingly rely on private actors to enforce their immigration laws and control their borders. Commercial airlines turn away passengers whose travel documents are suspect; a host of private individuals, including doctors, landlords and bank managers...

... in which the official role entails occupation of an official point of view, from which an official claim to authority holds law out as authoritative for subjects whilst committing its officials to the pursuit of its legitimacy. normativity legal theory legal philosophy legal officials law’s claim...

... for refusals of life-prolonging treatment in virtue of the positive obligations to secure respect for private life that inhere in article 8 ECHR. human rights European Convention on Human Rights refusal of treatment medical law ethics legal philosophy Article 8 ECHR provides the scaffold for an account...

... it abandons some of its main tenets. rights legal philosophy private law legal theory tort The debate over rights can be said to concern the nature of rights and right holding. However, this characterisation must be qualified in at least two ways. First, legal rights—which are the focus of this article...

... that focus instead on the loss suffered by victims. I will argue that these loss-based justifications, despite their ingenuity, suffer from serious defects. punishment retribution legal philosophy jurisprudence According to one of the most well-known retributive justifications of punishment, the unfair...

... theory provides Internet users guidance as to which legal rules, within their respective contextual legal systems, they need to abide by. Internet law morality jurisprudence extraterritoriality natural law theory legal philosophy legal theory international law IT law private international law...