Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Blameworthiness proportionality (1)
- Chiafalo (1)
- Code-community conflicts (1)
- Coercive crime control (1)
- Community norms (1)
-
- Constitutional & statutory interpretation (1)
- Distributive principles (1)
- Dworkin (1)
- Empirical desert (1)
- Empirical studies (1)
- Hart (1)
- Jurisprudence (1)
- Law & philosophy (1)
- Legal principles (1)
- Legal rules (1)
- Legitimacy (1)
- Legitimacy-compliance dynamic (1)
- Metaphysical grounding (1)
- Natural experiments (1)
- Normative crime control (1)
- Obergefell (1)
- Positivism (1)
- Rule of recognition (1)
- SCOTUS (1)
- Supreme Court of the United States (1)
- TVA v. Hill (1)
- Theoretical disagreements (1)
- Validation (1)
- Vigilantism (1)
Articles 1 - 2 of 2
Full-Text Articles in Philosophy
How Practices Make Principles, And How Principles Make Rules, Mitchell N. Berman
How Practices Make Principles, And How Principles Make Rules, Mitchell N. Berman
All Faculty Scholarship
The most fundamental question in general jurisprudence concerns what makes it the case that the law has the content that it does. This article offers a novel answer. According to the theory it christens “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 essential respects: in relaxing Hart’s requirement that fundamental legal notions depend for their existence on judicial consensus; and in assigning weighted contributory legal norms—“principles”—an essential role in the determination of legal rights, duties, powers, and permissions. Drawing …
The Criminogenic Effects Of Damaging Criminal Law’S Moral Credibility, Paul H. Robinson, Lindsay Holcomb
The Criminogenic Effects Of Damaging Criminal Law’S Moral Credibility, Paul H. Robinson, Lindsay Holcomb
All Faculty Scholarship
The criminal justice system’s reputation with the community can have a significant effect on the extent to which people are willing to comply with its demands and internalize its norms. In the context of criminal law, the empirical studies suggest that ordinary people expect the criminal justice system to do justice and avoid injustice, as they perceive it – what has been called “empirical desert” to distinguish it from the “deontological desert” of moral philosophers. The empirical studies and many real-world natural experiments suggest that a criminal justice system that regularly deviates from empirical desert loses moral credibility and thereby …