‘Ought implies Can’ and the law

In this paper, we investigate the ‘ought implies can’ (OIC) thesis, focusing on explanations and interpretations of OIC, with a view to clarifying its uses and relevance to legal philosophy. We first review various issues concerning the semantics and pragmatics of OIC; then we consider how OIC may be incorporated in Hartian and Kelsenian theories of the law. Along the way we also propose a taxonomy of OIC-related claims.     

Sex,Sexual Orientation,and Sexism: What Influence Do These Factors Have on Verdicts in a Crime-of-Passion Case?

ABSTRACT

This study investigated the influence of defendant sex, sexual orientation, and participant sex on perceptions of a crime-of-passion. An online sample of 458 individuals read a scenario describing a homicide and provided judgments of verdict, sentence length, legal elements, and sexism. We hypothesized heterosexual female defendants would most likely receive a verdict of manslaughter, be found less guilty, and receive shorter sentences. We were also interested in whether benevolent sexism would contribute to defendant culpability decisions. Lastly, perceptions of legal elements for manslaughter (e.g., great provocation) and murder (e.g., intentionality of actions) were explored. Results demonstrated heterosexual female defendants were less guilty and received the shortest sentences. Also, heterosexual defendants were most likely to meet the manslaughter legal elements. Benevolent sexism contributed significantly to guilt perceptions.     

Do State Laws Concerning Homosexuals Reflect the Preeminence of Conservative-Liberal Individual Differences?

ABSTRACT

The present study was conducted to determine whether individual-level correlates of sexual prejudice (i.e., conservatism-liberalism, religious fundamentalism, educational levels, urbanism, income, and living in the South) are predictive at the state level of laws restricting homosexual behaviors and desires. Criterion 1 was a multifaceted index of state laws concerning gay men and lesbians; Criterion 2 was an index of state laws regarding same-sex partnerships. Multiple regression strategies showed that state conservatism-liberalism, as determined from the responses of 141,798 individuals aggregated at the state level (Erikson, Wright, & McIver, 1993 Erikson, R. S., Wright, G. C. and McIver, J. P. 1993. Statehouse democracy: Public opinion and policy in the American states, New York, NY: Cambridge University Press.  [Google Scholar]), was the prime state-level predictor of both criteria. For Criterion 1, only Southern state status accounted for additional variance (4.2%) above the 54.8% already accounted for by conservatism-liberalism. For Criterion 2, no other variables accounted for variance beyond the 44.6% accounted for by state conservatism-liberalism.     

Effects of Offenders' Age and Health on Sentencing Decisions

ABSTRACT

Two experiments investigated the effects of age and health on mock judges' sentencing decisions. The effects of these variables on length of prison sentence were examined in the context of offense severity and prior convictions. Experiment 1 involved a violent crime. Main effects were observed for age, health, offense severity and prior convictions. There was also an age by offense severity interaction. Experiment 2 involved a child sexual abuse case. Main effects were observed for health, offense severity, and prior convictions. In addition, an age by offense severity by prior convictions interaction effect was found. Thus, across both experiments, the age leniency effect was moderated by legal factors, suggesting that extra-legal factors affect sentencing in the context of legal factors. Further, for both offenses, offenders in poor health received shorter sentences than offenders in good health, suggesting that health deserves further research attention as an extra-legal variable.     

What Is Legal Philosophy?

This article delineates some of the main issues that are debated by philosophers of law. It explores the connections between legal philosophy and other areas of philosophy, while also seeking to specify the distinctiveness of many of the concerns that have preoccupied philosophers of law. It illustrates its abstract points with examples focused on the separability of law and morality, the nature of the rule of law, the nature of rights, justifications for the imposition of punishment, and the identification of basic legal entitlements.     

Janteloven and the Expression of Pride in Norway and the United States

The current study tested how culture may affect the interpretation of the expression of pride among Norwegian and U.S. participants. Our results show that participants from Norway ascribed more negative trait attributions to a target person expressing pride than U.S. participants. It is proposed that Janteloven is responsible for the differences in these trait attributions, and we interpret the results from a “closed-system” and “open-system” (Mayr, 1976) perspective.     

REPRODUCTIVE TECHNOLOGY: A CRITICAL ANALYSIS OF THEOLOGICAL RESPONSES IN CHRISTIANITY AND ISLAM

Reproductive medical technology has revolutionized the natural order of human procreation. Accordingly, some have celebrated its advent as a new and liberating determinant of kinship at the global level and advocate it as a right to reproductive health while others have frowned upon it as a vehicle for “guiltless exchange of sexual fluid” and commodification of human gametes. Religious voices from both Christianity and Islam range from unthinking adoption to restrictive use. While utilizing this technology to enable the married couple to have children through the use of their own sexual material is welcome, the use of third party, surrogacy, and reproductive cloning are not in keeping with the sacrosanct principles of kinship, procreation through licit sexual intercourse, and social cohesiveness for building a cohesive family as uphold by both Christianity and Islam. To examine such larger issues emanating from these new ways of human procreation, beyond the question of legality, is a point which legal scholars in both Christianity and Islam, when issuing religious decrees, have not anticipated sufficiently. The article proposes to be an attempt to that end through a qualitative critical content analysis of selected literature written on the subject.     

Can Muslims Befriend Non-Muslims? Debating al-walāʾ wa-al-barāʾ (Loyalty and Disavowal) in Theory and Practice

This article analyzes the polemic on the concept of al-walā? wa-al-barā? (commonly translated as “loyalty and disavowal”). While existing academic literature focuses on the usages of this concept by jihad activists, the article centers on the role “loyalty and disavowal” plays in debates between contemporary salafī and wasa?ī jurists and theologians, specifically in their conflicting agendas for Muslims living as minorities. Salafīs, relying on several qur'anic verses and Prophetic traditions, promote an understanding of “loyalty and disavowal” that requires Muslims to refrain from befriending or loving non-Muslims, or imitating their beliefs and customs. Relying on counter-verses and traditions, in particular Q 60.8, wasa?īs have interpreted the concept of “loyalty and disavowal” more narrowly, arguing that it applies only to non-Muslims who fight against Muslims; as part of their integration-oriented doctrine for Muslims in the West, they have in recent years dedicated considerable efforts to refuting the salafī interpretation of al-walā? wa-al-barā?. The article examines the juristic methodologies utilized in the debate, and how it has affected religious decisions (fatwās) on Islamic life in Western societies.     

Kant and Hegel on purposive action

This essay discusses Kant and Hegel’s philosophies of action and the place of action within the general structure of their practical philosophy. We begin by briefly noting a few things that both unite and distinguish the two philosophers. In the sections that follow, we consider these and their corollaries in more detail. In so doing, we map their differences against those suggested by more standard readings that treat their accounts of action as less central to their practical philosophy. Section 2 discusses some central Kantian concepts (Freedom, Willkür, Wille, and Moral Law). In Section 3, we take a closer look at the distinction between internal and external action, as found in Kant’s philosophy of morality and legality. In Section 4, we turn to Hegel and his distinctions between abstract right (legality), morality, and ethical life, as well as the location of his account of action within his overall theory of morality. We discuss the distinction between Handlung and Tat, and non-imputable consequences. The overall aims of our essay are to shed light on some puzzles in Kant and Hegel’s conceptions and to examine where their exact disputes lie without taking a stand on which philosophy is ultimately the most satisfactory.     

On Biotechnology,Theology, and the Human Sciences

There may be very good Christian theological reasons to oppose human biotechnological enhancement. It is, however, difficult to discern what they are. Much of the specifically Christian response to transhumanist biotechnological enhancement has revolved around the metaphysics of human persons; this is hardly surprising, given that similar themes appear in other bioethical themes, such as over in vitro fertilization, abortion, and euthanasia. The main aim of this paper is to clarify the theological requirements for such responses, particularly those that are mistakenly delegated to scientists. In particular, the paper will focus on the need for a Christian theological account of human nature that does not unduly rely on biological accounts of the same.