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PHILOSOPHY

How Police Make Up The Law (ft. LegalEagle)

Philosophy Tube | October 26, 2024



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CHAPTERS:
00:00 – 01:19 Intro
01:19 – 05:51Trying to Define Law
05:51 – 08:42 Let’s Ask A Lawyer!
08:42 – 14:44 Hart’s Legal Positivism
14:44 – 34:44 British Policing & the Law
34:44 – 37:43 Rules with “Open Texture”
37:43 – 41:40 Case Study – Operation Soap
41:40 – 48:56 Vague Laws

MUSIC:
The Dark Glow of the Mountains by Chris Zabriskie is licensed under a Creative Commons Attribution 4.0 license. https://creativecommons.org/licenses/by/4.0/
Source: http://chriszabriskie.com/darkglow/
Artist: http://chriszabriskie.com/

‘Illegal’ by The Cucumbers
www.thecucumbers.net

Corset Belt by Pritch London: https://pritchlondon.com/products/cut-out-corset-belt-pitch-black
Latex Bikini by Dead Lotus Couture: https://www.deadlotuscouture.com/

BIBLIOGRAPHY:
Giorgio Agamben, State of Exception
Hrafn Asgeirsson, “On the Instrumental Value of Vagueness in the Law,” in Ethics
John Austin, The Province of Jurisprudence Determined
Iain Donnelly, Tango Juliet Foxtrot
Ronald Dworkin, “Introduction,” in Taking Rights Seriously
Ronald Dworkin, “Jurisprudence,” in Taking Rights Seriously
Ronald Dworkin, “The Model of Rules I,” in Taking Rights Seriously
Ronald Dworkin, “The Model of Rules II,” in Taking Rights Seriously
Timothy Endicott, “The Value of Vagueness,” in The Philosophical Foundations of Language in the Law
John Gardner, “Legal Positivism: 5 ½ Myths”, in American Journal of Jurisprudence
John Gardner, “The Virtue of Justice and the Character of Law,” in Current Legal Problems
Nadia Guidotto, “Looking Back: The Bathhouse Raids in Toronto, 1981,” in Captive Genders
H.L.A. Hart, The Concept of Law
Scott Hershovitz, “The End of Jurisprudence”, in Yale Law Journal
LawExplorer Blog, “Dworkin’s ‘Law As Integrity’
Andrei Marmor, “Law as Authoritative Fiction,” in Law and Philosophy
Jolyon Maugham, Bringing Down Goliath
Jolyon Maugham, “No, The Legal System Isn’t Biased Against Men – It Allows them to R*pe with Near Impunity,” in New Statesman
Tommi Avicolli Mecca, “Brushes with Lily Law,” in Captive Genders
Michael Moore, “Hart’s Concluding Unscientific Postscript,” in Legal Theory
Office of National Statistics, “Police powers and procedures: Stop and search and arrests, England and Wales, year ending 31 March 2022”
Joseph Raz, “The Problem About the Nature of Law,” in Ethics In The Public Domain
Joseph Raz, “Authority, Law, and Morality,” in Ethics In The Public Domain
Joseph Raz, “The Politics of the Rule of Law,” in Ethics in the Public Domain
Joseph Raz, “Legal Principles and the Limits of Law,” in Colombia Law School
Scott J. Shapiro, “The “Hart-Dworkin” Debate: A Short Guide for the Perplexed”
Judith Shklar, “Political Theory and the Rule of Law,” in Political Thought and Political Thinkers
Jon Stone, “Liz Truss To Give Government Powers to Override Human Rights Court,” in The Independent
Thoughtslime, “All Cops Are Bad”
Daniel Trilling, “Not Much Like Consent,” in The London Review of Books
Trashfuture, “Bad Boys”
Wesley Ware, “Rounding Up the Homosexuals,” in Captive Genders

#police #law #cops

Written by Philosophy Tube

Comments

This post currently has 29 comments.

  1. @Buongona

    October 26, 2024 at 8:45 pm

    it's funny that 2008 market crash… before it there was more jobs and people got actually paid more than today…How is it again, that those debts were so unpayable that market had to crash?
    PS. and how is governments allover eu implementing austerity politics is even thought of as a solution?

  2. @blues_sandwich4303

    October 26, 2024 at 8:45 pm

    Haven’t finished the video yet, but I am taking a class about this (elements of law), and authors I’ve enjoyed so far were dworkin, Thoreau, and the dissent in Dobbs. I good read to get the blood flowing and your eyes seeing red is broken windows…

  3. @daniell8387

    October 26, 2024 at 8:45 pm

    I have a wonderful idea that unfortunately only applies to us Americans. Abolish the supreme court, and instead allow the population to pass judgement on all cases that would have gone before the court. It would be a logistical nightmare and a total failure, but at least the bribes would go to the ones who need it.

  4. @rolfs2165

    October 26, 2024 at 8:45 pm

    The vagueness of law also too often comes down to lawmakers being like "we have to do something if we want to be re-elected", quickly pushing an intentionally vague law and then letting courts sort it out. They did something, that's all that counts to them.
    Case in point: when the German government went harder on child graphical material pretty much everyone immediately told them they'd gone to far with it. And yet it took years of underage children, teachers, and parents being charged with and sentenced for "possession" because they showed that material to police when reporting it, before the change was finally rolled back.
    And the law still includes drawn material – in which case you just have to hope that the judge will agree with your defense of "she only looks like 16, she's actually 24". Because gods forbid we give people with unsafe attractions a safe outlet for those.

  5. @JasonWickham-k2z

    October 26, 2024 at 8:45 pm

    That was a brilliant dissection and analysis of the book, by the way. I think, here in the US, we have a similar problem with American policing, along with our own particular problem of firearms proliferation and glamorizing the policing profession (through film and television, for example) rather than primarily viewing it through the lens of public service.

  6. @JasonWickham-k2z

    October 26, 2024 at 8:45 pm

    A quote by a character from a novel I read many moons ago: "I became a lawyer, because I believed that the law was the defender of the weak and downtrodden. But, as time went by, I began to realize that the law was nothing more than the Devil's butler."

  7. @BVprocHQ

    October 26, 2024 at 8:45 pm

    Abigal, im putting together some short stories for something called "porn-a-graphic-novel." I dont have the perspective of a person confused about their gender identity and a couple of the stories i want to put in there would be about such experiences. Can you recommend some reading i could do to kind of get a grasp on the subject? Please and thank you.

  8. @desperatefortuneproduction3296

    October 26, 2024 at 8:45 pm

    I was involved in some community politics a few years ago, concerning whether Article 8 of ECHR applied to boat homes. I was on the towpath one day when I was recognised by a boat dweller who was also a cop. In conversation he told me he didn't like the Human Rights Act as it made his work really difficult, but he added "Good on you though, for fighting for our rights – I hope you succeed". No awareness of any irony whatsoever.

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