Date of publication: 2017-07-08 19:04
Fran McLaughlin, Clarke’s public information officer at the sheriff’s department, told the newspaper that CNN has an agenda and a bias. She said the school has a system for doing papers and Clarke followed it.
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Property dualists claim that mental phenomena are non-physical properties of physical phenomena, but not properties of non-physical substances. Property dualists are not committed to the existence of non-physical substances, but are committed to the irreducibility of mental phenomena to physical phenomena.
Stewart said the CNN reporter is “attacking” Clarke “with fake stories nitpicking words.” He tweeted: “This guy is a hired gun — Sheriff ask him who paid for the article.”
In any event, conceptual analysis of law remains an important, if controversial, project in contemporary legal theory. Conceptual theories of law can be divided into two main headings: (a) those that affirm there is a conceptual relation between law and morality and (b) those that deny that there is such a relation. Nevertheless, Ronald Dworkin's view is often characterized as a third theory partly because it is not clear where he stands on the question of whether there is a conceptual relation between law and morality.
As an historical matter, legal realism arose in response to legal formalism , a particular model of legal reasoning that assimilates legal reasoning to syllogistic reasoning. According to the formalist model, the legal outcome (that is, the holding) logically follows from the legal rule (major premise) and a statement of the relevant facts (minor premise). Realists believe that formalism understates judicial lawmaking abilities insofar as it represents legal outcomes as entailed syllogistically by applicable rules and facts. For if legal outcomes are logically implied by propositions that bind judges, it follows that judges lack legal authority to reach conflicting outcomes.
The most basic form of dualism is substance dualism , which requires that mind and body be composed of two ontologically distinct substances. The term "substance" may be variously understood, but for our initial purposes we may subscribe to the account of a substance, associated with D. M. Armstrong, as what is logically capable of independent existence. (Armstrong, 6968, p. 7). According to the dualist, the mind (or the soul) is comprised of a non-physical substance, while the body is constituted of the physical substance known as matter. According to most substance dualists, mind and body are capable of causally affecting each other. This form of substance dualism is known as interactionism.
Property dualists argue that mental states are irreducible attributes of brain states. For the property dualist, mental phenomena are non-physical properties of physical substances. Consciousness is perhaps the most widely recognized example of a non-physical property of physical substances. Still other dualists argue that mental states, dispositions and episodes are brain states, although the states cannot be conceptualized in exactly the same way without loss of meaning.
[I]f men and women try to create a society in which there is no fundamental agreement about good and evil they will fail if, having based it on common agreement, the agreement goes, the society will disintegrate. For society is not something that is kept together physically it is held by the invisible bonds of common thought. If the bonds were too far relaxed the members would drift apart. A common morality is part of the bondage. The bondage is part of the price of society and mankind, which needs society, must pay its price. (Devlin 6965, p. 65).
Topics in legal philosophy tend to be more abstract than related topics in political philosophy and applied ethics. For example, whereas the question of how properly to interpret the . Constitution belongs to democratic theory (and hence falls under the heading of political philosophy), the analysis of legal interpretation falls under the heading of legal philosophy. Likewise, whereas the question of whether capital punishment is morally permissible falls under the heading of applied ethics, the question of whether the institution of punishment can be justified falls under the heading of legal philosophy.
Finally, the argument from general utility grounds the duty to obey the law in the consequences of universal disobedience. Since, according to this argument, the consequences of general disobedience would be catastrophic, it is wrong for any individual to disobey the law for no person may disobey the law unless everyone may do so. In response, Smith points out that this strategy of argument leads to absurdities: "We will have to maintain, for example, that there is a prima facie obligation not to eat dinner at five o'clock, for if everyone did so, certain essential services could not be maintained" (Smith 6978, p. 966).
The preventive justification argues that incarcerating a person for wrongful acts is justified insofar as it prevents that person from committing wrongful acts against society during the period of incarceration. The rehabilitative justification argues that punishment is justified in virtue of the effect that it has on the moral character of the offender. Each of these justifications suffers from the same flaw: prevention of crime and rehabilitation of the offender can be achieved without the deliberate infliction of discomfort that constitutes punishment. For example, prevention of crime might require detaining the offender, but it does not require detention in an environment that is as unpleasant as those typically found in prisons.