This category needs an editor. We encourage you to help if you are qualified.
Volunteer, or read more about what this involves.
Related categories
Subcategories:
107 found
Search inside:
(import / add options)   Order:
1 — 50 / 107
Material to categorize
  1. Heather Alexander & Jonathan Simon (2014). 'Unable to Return' in the 1951 Refugee Convention: Stateless Refugees and Climate Change. Florida Journal of International Law 26 (3):531-574.
    Argues that it is not only a point of literal construction, but also inherent in the object and purpose of the 1951 Refugee Convention, that displaced stateless persons unable to return to their countries of former habitual residence may be eligible for refugee status even if unpersecuted. 'Unable to return' as it occurs in the clause following the semi-colon of 1(A)2 of the 1951 Refugee Convention must be understood as a term of art subject to appropriate canons of construction in (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    My bibliography  
  2. Larry Alexander (2001). The Rule of Rules: Morality, Rules, and the Dilemmas of Law. Duke University Press.
    In "The Rule of Rules" Larry Alexander and Emily Sherwin examine this dilemma.
    Remove from this list   Direct download  
     
    Export citation  
     
    My bibliography   6 citations  
  3. Robert Alexy & Ralf Dreier (1993). The Concept of Jurisprudence. In K. B. Agrawal & R. K. Raizada (eds.), Sociological Jurisprudence and Legal Philosophy: Random Thoughts On. University Book House 1-13.
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    My bibliography   4 citations  
  4. Luigi Bagolini (1958). Le choix de la méthode en jurisprudence. Logique Et Analyse 1 (2):49.
    Remove from this list  
    Translate
     
     
    Export citation  
     
    My bibliography  
  5. Brian Bix (2004). A Dictionary of Legal Theory. Oxford University Press.
    Modern legal theory contains a wide range of approaches and topics: from economic analysis of law to feminist legal theory to traditional analytical legal philosophy to a range of theories about justice. This healthy variety of jurisprudential work has created a problem: students and theorists working in one tradition may have difficulty understanding the concepts and terminology of a different tradition. This book works to make terminology and ways of thinking accessible. This dictionary covers topics from 'the autonomy of law' (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    My bibliography   1 citation  
  6. Brian Bix (ed.) (1998). Analyzing Law: New Essays in Legal Theory. Oxford University Press.
    Analyzing Law offers an important selection of the most influential and challenging work now being done in legal theory. A central focus of the essays in this work is the contribution of the well-known philosopher Jules Coleman to the various topics which are covered by the contributors.
    Remove from this list   Direct download  
     
    Export citation  
     
    My bibliography  
  7. Brian Bix (1993). Law, Language, and Legal Determinacy. Oxford University Press.
    This book discusses one of the central problems in the philosophy of law--the question of legal determinacy. Is the law a seamless web or are there gaps? Bix argues that the major re-thinking of the common and "common sense" views about law that have been proposed by various recent legal theories is unnecessary. He offers a reconsideration of the role of language in the law, and the way ideas about language have been used and misused in recent legal theory. He (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    My bibliography   7 citations  
  8. Adrian Chan (2005). The Politics of Jurisprudence: A Critical Introduction to Legal Philosophy, 2nd Edition. Contemporary Political Theory 4 (3):347-349.
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    My bibliography  
  9. Roger Cotterrell (2000). Common Law Approaches to the Relationship Between Law and Morality. Ethical Theory and Moral Practice 3 (1):9-26.
    How are general relations of law and morality typically conceived in an environment of Anglo-saxon common law? This paper considers some classical common law methods and traditions as these have confronted and been overlaid with modern ideas of legal positivism. While classical common law treated a community and its morality as the cultural foundation of law, legal positivism's analytical separation of law and morals, allied with liberal approaches to legal regulation, have made the relationship of legal and moral principles more (...)
    Remove from this list   Direct download (7 more)  
     
    Export citation  
     
    My bibliography  
  10. Annaleigh Curtis (2015). Why Originalism Needs Critical Theory: Democracy, Language, and Social Power. Harvard Journal of Law and Gender 38 (2):437-459.
    I argue here that the existence of hermeneutical injustice as a pervasive feature of our collective linguistic and conceptual resources undermines the originalist task at two levels: one procedural, one substantive. First, large portions of society were (and continue to be) systematically excluded from the process of meaning creation when the Constitution and its Amendments were adopted, so originalism relies on enforcement of a meaning that was generated through an undemocratic process. Second, the original meaning of some words in those (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    My bibliography  
  11. Su Gu (2006). Li Xiang Guo Yi Hou: Zheng Zhi Zhe Xue Yu Fa Xue Lun Zha = Essays on Political Philosophy and Jurisprudence. Jiangsu Ren Min Chu Ban She.
    Remove from this list  
    Translate
     
     
    Export citation  
     
    My bibliography  
  12. Susan Haack (2008). What's Wrong with Litigation-Driven Science? An Essay in Legal Epistemology. Midwest Studies in Philosophy, 32:20-35.
    Rehearing Daubert on remand from the Supreme Court, Judge Kozinski introduced a fifth "Daubert factor" of his own: that expert testimony is based on "litigation-driven science" is an indication that it is unreliable. This article explores the role this factor has played in courts' handling of scientific testimony, clears up an ambiguity in "litigation-driven" and some uncertainties in "reliable," and assesses the reasons courts have given for reading such research with suspicion. This analysis reveals that research that is litigation-driven in (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    My bibliography   2 citations  
  13. Geert Keil & Ralf Poscher (eds.) (forthcoming). Vagueness in Law: Philosophical and Legal Perspectives. Oxford University Press Uk.
    Vague expressions are omnipresent in natural language. Their use in legal texts is inevitable. A law phrased in vague terms will often leave it indeterminate whether it applies to a particular case. This places the law at odds with legal values. One of the fundamental pillars of the rule of law is legal certainty. The determinacy of the law enables people to use it as a guide and allows judges make impartial decisions. Vagueness poses a threat to these ideals. In (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    My bibliography  
  14. Lucinda Vandervort (1985). Empirical Uncertainty and Legal Decision-Making. In Eugenio Bulygin, Jean Louis Gardies & Ilkka Nilniluoto (eds.), LAW AND MODERN FORMS OF LIFE, with an introduction by Michael D. Bayles, volume 1, Law and Philosophy Library, pp. 251-261. D. Reidel Publishing
    In this paper I argue that the rationality of law and legal decision making would be enhanced by a systematic attempt to recognize and respond to the implications of empirical uncertainty for policy making and decision making. Admission of uncertainty about the accuracy of facts and the validity of assumptions relied on to make inferences of fact is commonly avoided in law because it raises the spectre of paralysis of the capacity to decide issues authoritatively. The roots of this short-sighted (...)
    Remove from this list  
     
    Export citation  
     
    My bibliography  
Descriptive Jurisprudence
  1. David Bilchitz, Thaddeus Metz & Anthony Oyowe (forthcoming). Jurisprudence in an African Context. Oxford University Press.
    Remove from this list  
    Translate
     
     
    Export citation  
     
    My bibliography  
  2. Veronica Rodriguez Blanco (2006). The Methodological Problem in Legal Theory: Normative and Descriptive Jurisprudence Revisited. Ratio Juris 19 (1):26-54.
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    My bibliography   1 citation  
  3. Kenneth M. Ehrenberg (2016). The Functions of Law. Oxford University Press.
    What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    My bibliography   1 citation  
  4. Kenneth M. Ehrenberg (2011). The Anarchist Official: A Problem for Legal Positivism. Australian Journal of Legal Philosophy 36:89-112.
    I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system can continue to exist (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    My bibliography  
  5. Kenneth M. Ehrenberg (2009). Defending the Possibility of a Neutral Functional Theory of Law. Oxford Journal of Legal Studies 29 (1):91.
    I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...)
    Remove from this list   Direct download (8 more)  
     
    Export citation  
     
    My bibliography   1 citation  
  6. Joseph S. Fulda (2010). The Logic of “Asked and Answered!”: The Case of the Traffic Light. Ratio Juris 23 (2):282-287.
    Uses erotetic logic to model the courtroom objection "Asked and Answered!".
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    My bibliography  
  7. Joseph S. Fulda (2000). The Logic of “Improper Cross”. Artificial Intelligence and Law 8 (4):337-341.
    Uses erotetic logic to model the courtroom objection "Improper Cross!". -/- Readers downloading the article should also please download the erratum et corrigendum, which is locally available.
    Remove from this list   Direct download (7 more)  
     
    Export citation  
     
    My bibliography   1 citation  
  8. Joseph S. Fulda (1989). The Logic of the Whole Truth. Rutgers Computer and Technology Law Journal 15 (2):435-446.
    Note: The author holds the copyright, and there was no agreement, express or implied, not to use a facsimile PDF. -/- Using erotetic logic, the paper defines the "the whole truth" in a manner consistent with U.S. Supreme Court precedent. It cannot mean "the whole story," as witnesses in an adversary system are permitted /only/ to answer the questions put to them, nor are they permitted to speculate, add irrelevant material, etc. Nor can it mean not to add an admixture (...)
    Remove from this list  
    Translate
      Direct download  
     
    Export citation  
     
    My bibliography  
  9. Jaap C. Hage, Ronald Leenes & Arno R. Lodder (1993). Hard Cases: A Procedural Approach. [REVIEW] Artificial Intelligence and Law 2 (2):113-167.
    Much work on legal knowledge systems treats legal reasoning as arguments that lead from a description of the law and the facts of a case, to the legal conclusion for the case. The reasoning steps of the inference engine parallel the logical steps by means of which the legal conclusion is derived from the factual and legal premises. In short, the relation between the input and the output of a legal inference engine is a logical one. The truth of the (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    My bibliography   11 citations  
  10. Andreas Hamfelt (1995). Formalizing Multiple Interpretation of Legal Knowledge. Artificial Intelligence and Law 3 (4):221-265.
    A representation methodology for knowledge allowing multiple interpretations is described. It is based on the following conception of legal knowledge and its open texture. Since indeterminate, legal knowledge must be adapted to fit the circumstances of the cases to which it is applied. Whether a certain adaptation is lawful or not is measured by metaknowledge. But as this too is indeterminate, its adaptation to the case must be measured by metametaknowledge, etc. This hierarchical model of law is quite well-established and (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    My bibliography   1 citation  
  11. Ori J. Herstein (2013). A Legal Right to Do Legal Wrong. Oxford Journal of Legal Studies (1):gqt022.
    The literature, as are the intuitions of many, is sceptical as to the coherence of ‘legal rights to do legal wrong’. A right to do wrong is a right against interference with wrongdoing. A legal right to do legal wrong is, therefore, a right against legal enforcement of legal duty. It is, in other words, a right that shields the right holder’s legal wrongdoing. The sceptics notwithstanding, the category of ‘legal right to do legal wrong’ coheres with the concepts of (...)
    Remove from this list   Direct download (6 more)  
     
    Export citation  
     
    My bibliography  
  12. Ori J. Herstein (2010). Responsibility in Negligence: Why the Duty of Care is Not a Duty “To Try”. Canadian Journal of Law and Jurisprudence 23 (2):403-428.
    Even though it offers a compelling account of the responsibility-component in the negligence standard—arguably the Holy Grail of negligence theory—Professor John Gardner is mistaken in conceptualizing the duty of care in negligence as a duty to try to avert harm. My goal here is to explain why and to point to an alternative account of the responsibility component in negligence. The flaws in conceiving of the duty of care as a duty to try are: failing to comport with the legal (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    My bibliography   1 citation  
  13. John Linarelli (2009). Analytical Jurisprudence and the Concept of Commercial Law. Penn State Law Review 114 (1):119-215.
    Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a legal system and the validity (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    My bibliography  
  14. David H. McIlroy (2013). When Is a Regime Not a Legal System? Alexy on Moral Correctness and Social Efficacy. Ratio Juris 26 (1):65-84.
    Robert Alexy defines law as including a claim to moral correctness and demonstrating social efficacy. This paper argues that law's social efficacy is not merely an observable fact but is undergirded by moral commitments by rulers that it is possible for their subjects to follow the rules, that the rulers and others will also follow the rules, that subjects will be protected from violence if they act in accordance with the rules, and that subjects will be entitled to legal redress (...)
    Remove from this list   Direct download (6 more)  
     
    Export citation  
     
    My bibliography  
  15. Veronica Rodriguez-Blanco (2001). A Revision of the Constitutive and Epistemic Coherence Theories in Law. Ratio Juris 14 (2):212-232.
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    My bibliography   1 citation  
  16. Nicholas Southwood (forthcoming). Laws as Conventional Norms. In D. Plunkett, S. Shapiro & K. Toh (eds.), Legal Norms, Ethical Norms: New Essays on Meta-Ethics and Jurisprudence. Oxfprd University Press
    A persistent worry concerning conventionalist accounts of law is that such accounts are ill equipped to account for law’s special normativity. Call this the Normativity Objection. I offer a particular kind of conventionalist account that is based on the practice-dependent account of conventional norms I have offered elsewhere and consider whether it is vulnerable to the Normativity Objection. I argue that it isn’t. It can account for all the ways in which law can justly claim to be normative. While there (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    My bibliography  
Normative Jurisprudence
  1. Jami L. Anderson (1997). Reciprocity as a Justification for Retributivism. Criminal Justice Ethics 16 (1):13-25.
    Retributivism is regarded by many as an attractive theory of punishment. Its primary assumption is that persons are morally responsible agents, and it demands that the social practices of punishment acknowledge that agency. But others have criticized retributivism as being barbaric, claiming that the theory is nothing more than a rationalization for revenge that fails to offer a compelling non-consequentialist justification for the infliction of harm. Much of the contemporary philosophical literature on retributivism has attempted to meet this criticism. One (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    My bibliography   2 citations  
  2. Dennis J. Baker (2008). The Harm Principle Vs. Kantian Criteria for Ensuring Fair, Principled and Just Criminalisation. Australian Journal of Legal Philosophy 33 (66):66-99.
    In this paper, I consider Ripstein and Dan-Cohen's critiques of the 'harm principle'. Ripstein and Dan-Cohen have asserted that the harm principle should be jettisoned, because it allegedly fails to provide a rationale for criminalising certain harmless wrongs that ought to be criminalised. They argue that Kant's second formulation of the categorical imperative and his concept of 'external freedom' are better equipped for ensuring that criminalisation decisions meet the requirements of fairness. Per contra, I assert that Kant's deontological theory is (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    My bibliography   1 citation  
  3. David Bilchitz, Thaddeus Metz & Anthony Oyowe (forthcoming). Jurisprudence in an African Context. Oxford University Press.
    Remove from this list  
    Translate
     
     
    Export citation  
     
    My bibliography  
  4. John Danaher (2015). The Normativity of Linguistic Originalism: A Speech Act Analysis. Law and Philosophy 34 (4):397-431.
    The debate over the merits of originalism has advanced considerably in recent years, both in terms of its intellectual sophistication and its practical significance. In the process, some prominent originalists—Lawrence Solum and Jeffrey Goldsworthy being the two discussed here—have been at pains to separate out the linguistic and normative components of the theory. For these authors, while it is true that judges and other legal decision-makers ought to be originalists, it is also true that the communicated content of the constitution (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  5. Göran Duus-Otterström (2013). Why Retributivists Should Endorse Leniency in Punishment. Law and Philosophy 32 (4):459-483.
    This paper develops a retributivist argument for leniency in punishment. It argues that even retributivists who defend desert-based punishment have a reason, internal to their view, to prefer more lenient over more severe punishments when there are doubts concerning how much punishment an offender deserves. This is because retributivists should take an asymmetrical view to underpunishment and overpunishment, and because the likelihood of overpunishment goes up with the severity of punishment. The radicalness of the ensuing leniency depends on the strength (...)
    Remove from this list   Direct download (6 more)  
     
    Export citation  
     
    My bibliography   1 citation  
  6. Kenneth M. Ehrenberg (2011). Law is Not (Best Considered) an Essentially Contested Concept. International Journal of Law in Context 7:209-232.
    I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...)
    Remove from this list  
    Translate
      Direct download (2 more)  
     
    Export citation  
     
    My bibliography  
  7. David Ellerman (2014). On Property Theory. Journal of Economic Issues (3):601–624.
    A theory of property needs to give an account of the whole life-cycle of a property right: how it is initiated, transferred, and terminated. Economics has focused on the transfers in the market and has almost completely neglected the question of the initiation and termination of property in normal production and consumption (not in some original state or in the transition from common to private property). The institutional mechanism for the normal initiation and termination of property is an invisible-hand function (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    My bibliography  
  8. Colin Farrelly & Lawrence B. Solum (2007). An Introduction to Aretaic Theories of Law. In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue Jurisprudence. Palgrave Macmillan
  9. John Finnis (2012). Equality and Differences. Solidarity: The Journal of Catholic Social Thought and Secular Ethics 2 (1):Article 1.
    Fifty years ago this year a legal practitioner turned military intelligencer turned philosopher, Herbert Hart, published The Concept of Law, still deservedly best-seller in thought about law. It presents law, especially common law and constitutionally ordered systems such as ours, as a social reality which results from the sharing of ideas and making of decisions that, for good or evil, establish rules of law which are what they are, whether just or unjust. But right at its centre is a chapter (...)
    Remove from this list  
    Translate
      Direct download (2 more)  
     
    Export citation  
     
    My bibliography  
  10. Joseph S. Fulda (2007). Internet Stings Directed at Pedophiles: A Study in Philosophy and Law. Sexuality and Culture 11 (1):52-98.
    The article is intended to, in Sections I and II, flesh out and put within a metaphilosophical framework the theoretical argument first made in 2002 in “Do Internet Stings Directed at Pedophiles Capture Offenders or Create Offenders? And Allied Questions” (Sexuality & Culture 6(4): 73–100), with some modifications (See note 14). Where there are differences, I stand by this version as the final version of the argument. Section III addresses three experimental or empirical studies which might be thought to contradict (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    My bibliography  
  11. Thomas F. Gordon (1993). The Pleadings Game. Artificial Intelligence and Law 2 (4):239-292.
    The Pleadings Game is a normative formalization and computational model of civil pleading, founded in Roberty Alexy''s discourse theory of legal argumentation. The consequences of arguments and counterarguments are modelled using Geffner and Pearl''s nonmonotonic logic,conditional entailment. Discourse in focussed using the concepts of issue and relevance. Conflicts between arguments can be resolved by arguing about the validity and priority of rules, at any level. The computational model is fully implemented and has been tested using examples from Article Nine of (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    My bibliography   11 citations  
  12. Jaap C. Hage, Ronald Leenes & Arno R. Lodder (1993). Hard Cases: A Procedural Approach. [REVIEW] Artificial Intelligence and Law 2 (2):113-167.
    Much work on legal knowledge systems treats legal reasoning as arguments that lead from a description of the law and the facts of a case, to the legal conclusion for the case. The reasoning steps of the inference engine parallel the logical steps by means of which the legal conclusion is derived from the factual and legal premises. In short, the relation between the input and the output of a legal inference engine is a logical one. The truth of the (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    My bibliography   11 citations  
  13. Ori J. Herstein (2010). Responsibility in Negligence: Why the Duty of Care is Not a Duty “To Try”. Canadian Journal of Law and Jurisprudence 23 (2):403-428.
    Even though it offers a compelling account of the responsibility-component in the negligence standard—arguably the Holy Grail of negligence theory—Professor John Gardner is mistaken in conceptualizing the duty of care in negligence as a duty to try to avert harm. My goal here is to explain why and to point to an alternative account of the responsibility component in negligence. The flaws in conceiving of the duty of care as a duty to try are: failing to comport with the legal (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    My bibliography   1 citation  
  14. Leonard Kahn (forthcoming). Review Essay: Legal Theory, Law, and Normativity. [REVIEW] Journal of Moral Philosophy.
    Joseph Raz's new book, Between Authority and Interpretation, collects his most important papers in the philosophy of law and the theory of practical rationality from the mid-1990s to the mid-2000s. In these papers, Raz not only advances earlier theses but also breaks new ground in a number of areas. I focus on three of Raz's topics here: theories of law, separability and necessity, and the normativity of law. While I am generally sympathetic to Raz's thinking on these topics, I raise (...)
    Remove from this list  
    Translate
     
     
    Export citation  
     
    My bibliography  
  15. Linda J. Krieger (1987). Through A Glass Darkly: Paradigms of Equality and the Search for a Woman's Jurisprudence. Hypatia 2 (1):45-61.
    In this article, Ms. Krieger explores the controversy concerning pregnancy disability leave presented by the case of California Federal Savings v. Guerra in light of Thomas Kuhn's model of scientific paradigm change and Carol Gilligan's theory regarding sex differences in moral reasoning. She argues that the controversy reflects a period of paradigm crisis in equality jurisprudence, brought about in part by the recent inclusion of greater numbers of women into the jurisprudential community.
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    My bibliography   3 citations  
  16. Ken Levy (2017). Why the Late Justice Scalia Was Wrong: The Fallacies of Constitutional Textualism. Lewis and Clark Law Review 21 (1).
    My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is the (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  17. Matthew Lister (2011). The Legitimating Role of Consent in International Law. Chicago Journal of International Law 11 (2).
    According to many traditional accounts, one important difference between international and domestic law is that international law depends on the consent of the relevant parties (states) in a way that domestic law does not. In recent years this traditional account has been attacked both by philosophers such as Allen Buchanan and by lawyers and legal scholars working on international law. It is now safe to say that the view that consent plays an important foundational role in international law is a (...)
    Remove from this list  
    Translate
      Direct download  
     
    Export citation  
     
    My bibliography  
  18. Matthew J. Lister (2011). Are Institutions and Empiricism Enough? [REVIEW] Transnational Legal Theory 2 (1).
    Legal philosophers have given relatively little attention to international law in comparison to other topics, and philosophers working on international or global justice have not taken international law as a primary focus, either. Allen Buchanan's recent work is arguably the most important exception to these trends. For over a decade he has devoted significant time and philosophical skill to questions central to international law, and has tied these concerns to related issues of global justice more generally. In what follows I (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  19. Edward C. Lyons (2007). Reason's Freedom and the Dialectic of Ordered Liberty. Cleveland State Law Review 55 (2):157-232.
    The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    My bibliography  
  20. David McIlroy (2016). How Is the Rule of Law a Limit on Power? Studies in Christian Ethics 29 (1):34-50.
    A commitment to the rule of law is a commitment to the governance of a society through the use of general or generalisable rules which are binding on both the subjects and the rulers. By giving due notice of the rules and of any changes to them, those who are subject to the law are protected from violence and enabled to act as agents. This is the essential contribution the rule of law makes to important human goods including freedom. Such (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    My bibliography  
1 — 50 / 107