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  1. Jonny Anomaly & Geoffrey Brennan (2014). Social Norms, The Invisible Hand, and the Law. University of Queensland Law Journal 33 (2).
  2. 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 (...)
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  3. Thom Brooks (2004). The Right to Trial by Jury. Journal of Applied Philosophy 21 (2):197–212.
    This article offers a justification for the continued use of jury trials. I shall critically examine the ability of juries to render just verdicts, judicial impartiality, and judicial transparency. My contention is that the judicial system that best satisfies these values is most preferable. Of course, these three values are not the only factors relevant for consideration. Empirical evidence demonstrates that juries foster both democratic participation and public legitimation of legal decisions regarding the most serious cases. Nevertheless, juries are costly (...)
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  4. H. G. Callaway (ed.) (2011). Alexander James Dallas: An Exposition of the Causes and Character of the War. An Annotated Edition. Dunedin Academic Press.
    Alexander James Dallas' An Exposition of the Causes and Character of the War was written as part of an effort by the then US government to explain and justify its declaration of war in 1812. However publication coincided with the ratification of the Treaty of Ghent, which ended the War. The Exposition is especially interesting for the insight it provides into the self-constraint of American foreign policy and of the conduct of a war. The focus is on the foreign policy (...)
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  5. Michael Cholbi (2012). Getting to the Rule of Law. [REVIEW] Law and Politics Book Review 22 (1):266-269.
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  6. Kenneth M. Ehrenberg (2007). The Ideal and Non-Ideal in Behavior Guidance: Reflections on Law and Buddhism in Conversation with the Dalai Lama. Buffalo Law Review 55:675-679.
    Highlighting the distinct approaches to behavior guidance employed by law and aspirational religious institutions like Buddhism, focusing on the work of Lon Fuller. There is importance to both baseline or duty-centered rules such as found primarily in criminal law and deontic morality, as well as aspirational guidance principles that are found in religious law, virtue ethics, and sometimes seen in civil law. However, the specific assumptions and aims of these two modes of guidance must be harmonized to be effective.
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  7. Pavlos Eleftheriadis (forthcoming). The Law of Laws. Transnational Legal Theory 1 (3).
    How can legal orders coexist? Contemporary lawyers and philosophers frequently accept that a legal system operates under its own terms and is shaped by its own participants. Any problems posed by the plurality of legal orders in the world are to be dealt with by each legal order separately. So persons that are caught in transnational disputes because they are subject to two or more jurisdictions, have recourse to private international law, which is always part of domestic law, i.e. the (...)
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  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. Joseph S. Fulda (1999). Can One Really Reason About Laws? Acm Sigcas Computers and Society 29 (2):31.
    This is a review article of Tokuyasu Kakuta, Makoto Haraguchi, and Yoshiaki Okubo, "A Goal-Dependent Abstraction for Legal Reasoning by Analogy," /Artificial Intelligence and Law/ 5(March 1997): 97-118.
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  10. Michael Steven Green (2008). Kelsen, Quietism, and the Rule of Recognition. In Matthew D. Adler & Kenneth E. Himma (eds.), THE RULE OF RECOGNITION AND THE UNITED STATES CONSTITUTION. Oxford University Press.
    Sometimes the fact that something is the law can be justified by the law. For example, the Sarbanes-Oxley Act is the law because it was enacted by Congress pursuant to the Commerce Clause. But eventually legal justification of law ends. The ultimate criteria of validity in a legal system cannot themselves be justified by law. According to H.L.A. Hart, justification of these ultimate criteria is still available, by reference to social facts concerning official acceptance - facts about what Hart calls (...)
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  11. 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 (...)
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  12. Jaap Hage & Aleksander Peczenik (2000). Law, Morals and Defeasibility. Ratio Juris 13 (3):305-325.
  13. Matthew H. Kramer (2013). In Defense of Hart. In Wil Waluchow & Stefan Sciaraffa (eds.), Philosophical Foundations of the Nature of Law. Oup Oxford. 22.
    In Legality Scott Shapiro seeks to provide the motivation for the development of his own elaborate account of law by undertaking a critique of H.L.A. Hart's jurisprudential theory. Hart maintained that every legal system is underlain by a rule of recognition through which officials of the system identify the norms that belong to the system as laws. Shapiro argues that Hart's remarks on the rule of recognition are confused and that his model of lawis consequently untenable. Shapiro contends that a (...)
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  14. Matthew Lister (2014). Review of Defeasibility in Philosophy: Knowledge, Agency, Responsibility, and the Law; Claudia Blöser, Mikael Janvid, Hannes Ole Matthiessen, and Marcus Willaschek (Eds.). [REVIEW] Notre Dame Philosophical Reviews 2014.
    This volume is based on papers presented at a conference on defeasibility in ethics, epistemology, law, and logic that took place at the Goethe University in Frankfurt in 2010. The subtitle (“Knowledge, Agency, Responsibility, and the Law”) better reflects the content than does the title of the original conference. None of the papers focuses directly or primarily on defeasible reasoning in logic, though a few touch on this indirectly. Nor are the papers evenly split among the topics. Six are primarily (...)
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  15. Azevedo Marco Antonio (2013). Commands and Claims. In Bartosz Wojciechowski, Karolina M. Cern & Piotr W. Juchacz (eds.), DIA-LOGOS, VOL 15: Legal Rules, Moral Norms and Democratic Principles. Peter Lang.
    Notwithstanding the widely accepted view that rights establish normative constraints on authority’s powers, command is still a core notion in modern philosophical jurisprudence. Nevertheless, if Herbert Hart is correct in his analysis on the deficiencies of the traditional command theories, a command is binding only if there is a right of being obeyed implying authority. My main objective in this paper is to make explicit the semantical and normative relations between rights and commands. In the first part, after some remarks (...)
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  16. George Pavlakos (2009). Practice, Reasons, and the Agent's Point of View. Ratio Juris 22 (1):74-94.
    Positivism, in its standard outlook, is normative contextualism: If legal reasons are content-independent, then their content may vary with the context or point of view. Despite several advantages vis-à-vis strong metaphysical conceptions of reasons, contextualism implies relativism, which may lead further to the fragmentation of the point of view of agency. In his Oxford Hart Lecture, Coleman put forward a fresh account of the moral semantics of legal content, one that lays claim to preserving the unity of agency while retaining (...)
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  17. David Plunkett (2013). Legal Positivism and the Moral Aim Thesis. Oxford Journal of Legal Studies 33 (3):563-605.
    According to Scott Shapiro’s Moral Aim Thesis, it is an essential feature of the law that it has a moral aim. In short, for Shapiro, this means that the law has the constitutive aim of providing morally good solutions to morally significant social problems in cases where other, less formal ways of guiding the activity of agents won’t work. In this article, I argue that legal positivists should reject the Moral Aim Thesis. In short, I argue that although there are (...)
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  18. David Plunkett (2013). The Planning Theory of Law I: The Nature of Legal Institutions. Philosophy Compass 8 (2):149-158.
    This paper and its companion (‘‘The Planning Theory of Law II: The Nature of Legal Norms’’) provide a general introduction to Scott Shapiro’s Planning Theory of Law as developed in his recent book Legality. The Planning Theory encompasses both an account of the nature of legal institutions and an account of the nature of legal norms. This first paper concerns the account of legal institutions. The second concerns the account of legal norms.
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  19. David Plunkett (2012). A Positivist Route for Explaining How Facts Make Law. Legal Theory 18 (2):139-207.
    In “How Facts Make Law” and other recent work, Mark Greenberg argues that legal positivists cannot develop a viable constitutive account of law that meets what he calls the “the rational-relation requirement.” He argues that this gives us reason to reject positivism in favor of antipositivism. In this paper, I argue that Greenberg is wrong: positivists can in fact develop a viable constitutive account of law that meets the rational-relation requirement. I make this argument in two stages. First, I offer (...)
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  20. Joseph Raz, Why the State.
    A broadly sketched exploration of the theory of state-law and of the ways developments in international law are transforming states.
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  21. Joseph Raz (2005). Can There Be a Theory of Law? In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Blackwell Pub..
    The paper deals with the possibility of a theory of the nature of law as such, a theory which will be necessarily true of all law. It explores the relations between explanations of concepts and of the things they are concepts of, the possibility that the law has essential properties, and the possibility that the law changes its nature over time, and that what is law at a given place and time depends on the culture and concepts of that place (...)
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  22. David-Hillel Ruben (1972). Positive and Natural Law Revisited. Modern Schoolman 49 (May):295-317.
    The debate between Lon Fuller and HLA Hart on the nature of law rests on two views on the connection between law and having a reason for action. Fuller's assumes that to say that something is a law is by itself reason-providing; Hart's view must deny this. If we can identify whether something is a law purely by descriptive criteria, then for something to be a law should not by itself provide an agent with any reason for action, however weak.
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  23. Stefan Sciaraffa (1999). Critical Legal Studies: A Marxist Rejoinder. Legal Theory 5 (2):201-19.
  24. Jan-R. Sieckmann (2003). Why Non-Monotonic Logic is Inadequate to Represent Balancing Arguments. Artificial Intelligence and Law 11 (2-3):211-219.
    This paper analyses the logical structure of the balancing of conflicting normative arguments, and asks whether non-monotonic logic is adequate to represent this type of legal or practical reasoning. Norm conflicts are often regarded as a field of application for non-monotonic logics. This paper argues, however, that the balancing of normative arguments consists of an act of judgement, not a logical inference, and that models of deductive as well as of defeasible reasoning do not give an adequate account of its (...)
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  25. Lawrence B. Solum (2009). The Aretaic Turn in American Philosophy of Law. In Francis J. Mootz (ed.), On Philosophy in American Law. Cambridge University Press.
    This essay explores the development of "virtue jurisprudence," a general theory of law that draws on ideas developed in virtue ethics.
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  26. Lawrence B. Solum (2007). Natural Justice : An Aretaic Account of the Virtue of Lawfulness. In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue Jurisprudence. Palgrave Macmillan.
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  27. François Tanguay-Renaud (2010). The Intelligibility of Extralegal State Action: A General Lesson for Debates on Public Emergencies and Legality. Legal Theory 16 (3):161-189.
    Some legal theorists deny that states can conceivably act extra-legally, in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen, and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and, ultimately, contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.
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