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Toward A Legal Harm Principle: Constructing And Applying A Legal Principle From John Stuart Mill's General Harm Principle, Kathryn Alice Zawisza
Toward A Legal Harm Principle: Constructing And Applying A Legal Principle From John Stuart Mill's General Harm Principle, Kathryn Alice Zawisza
Graduate Theses and Dissertations
My goal in this work is to outline a specifically legal harm principle that is derived from John Stuart Mill’s harm principle in On Liberty. I will do this by providing a close reading of On Liberty and comparing it to what he says in chapter V of Utilitarianism. I believe that these two works provide a foundation for a harm principle that defines the domain and limits of the law. While this goal is not new, I focus on Mill’s general harm principle and the two maxims that he believes make it up in order to construct a relatively …
Everyone Knew He Did It, But He Was Not Condemned! Knowledge And Knowledge Attributions In Legal Contexts, Danny Marrero Avendano
Everyone Knew He Did It, But He Was Not Condemned! Knowledge And Knowledge Attributions In Legal Contexts, Danny Marrero Avendano
Graduate Theses and Dissertations
Theorizing about knowledge attributions has revolved almost exclusively around the problem of skepticism and knowledge attributions in everyday conversations. Sutton (2007), however, points out that Epistemic Contextualism seems to settle another field: "[i]t is sometimes suggested that courtroom proceedings provide a context that shows the context-sensitivity of knowledge ascription truth-conditions" (p. 87). This dissertation is devoted to the evaluation of this contextualist suggestion (CS). Epistemic Contextualism claims that the correctness of knowledge attributions depends on the salience of error possibilities or the practical states of a knowledge attributor's context of utterance. I interpret CS implies that the context of utterance …
Cognitive Agendas And Legal Epistemology, Danny Marrero
Cognitive Agendas And Legal Epistemology, Danny Marrero
Graduate Theses and Dissertations
The domain of legal epistemology is defined from two alternative perspectives: individual epistemology and Social epistemology. Since these perspectives have different objects of evaluation, their judgments privilege and exclude different sets of information. While methodological individualism is concerned with justified beliefs of individual knowers, the Social angle focuses on the institutional conditions of knowledge. I will show that the information that is respectively excluded by both the individual and the Social concepts of legal epistemology weaken their respective evaluations. With this in mind, I will explore one new option of defining legal epistemology. This alternative is more comprehensive, in the …