Search results for 'Bernard Hart' (try it on Scholar)

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  1. H. L. A. Hart & Ruth Gavison (eds.) (1987). Issues in Contemporary Legal Philosophy: The Influence of H.L.A. Hart. Oxford University Press.score: 150.0
    This is a collection of essays on themes of legal philosophy which have all been generated or affected by Hart's work. The topics covered include legal theory, responsibility, and enforcement of morals, with contributions from Ronald Dworkin, Rolf Sartorius, Neil MacCormach, David Lyons, Kent Greenawalt, Michael Moore, Joseph Raz, and C.L. Ten, among others.
     
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  2. H. L. A. Hart, P. M. S. Hacker & Joseph Raz (eds.) (1977). Law, Morality, and Society: Essays in Honour of H. L. A. Hart. Clarendon Press.score: 150.0
    Hacker, P. M. S. Hart's philosophy of law.--Baker, G. P. Defeasibility and meaning.--Dworkin, R. M. No right answer?-Lucas, J. R. The phenomenon of law.--Honoré, A. M. Real laws.--Summers, R. S. Naïve instrumentalism and the law.--Marshall, G. Positivism, adjudication, and democracy.--Cross, R. The House of Lords and the rules of precedent.--Kenny, A. J. P. Intention and mens rea in murder.--Mackie, J. L. The grounds of responsibility.--MacCormick, D. N. Rights in legislation.--Raz, J. Promises and obligations.--Foot, P. R. Approval and disapproval.--Finnis, J. (...)
     
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  3. Bernard Hart (1926). Emotion and Insanity. By S. Thalbitzer. (London: Kegan Paul, Trench, Trübner & Co., 1926. Pp. X + 126. Price 7s. 6d. Net.). [REVIEW] Philosophy 1 (03):391-.score: 120.0
  4. Gillian R. Hart (1992). Double Accusative in Greek Bernard Jacquinod: Le Double accusatif en grec d'Homère à la fin du Ve siècle avant J.-C. (Bibliothèque des Cahiers de l'lnstitut de Linguistique de Louvain, 50.) Pp. 305. Louvain-la-Neuve: Peeters, 1989. Paper, B. frs. 900. [REVIEW] The Classical Review 42 (01):96-97.score: 120.0
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  5. Wayne C. Booth, Dudley Barlow, Orson Scott Card, Anthony Cunningham, John Gardner, Marshall Gregory, John J. Han, Jack Harrell, Richard E. Hart, Barbara A. Heavilin, Marianne Jennings, Charles Johnson, Bernard Malamud, Toni Morrison, Georgia A. Newman, Joyce Carol Oates, Jay Parini, David Parker, James Phelan, Richard A. Posner, Mary R. Reichardt, Nina Rosenstand, Stephen L. Tanner, John Updike, John H. Wallace, Abraham B. Yehoshua & Bruce Young (2005). Ethics, Literature, and Theory: An Introductory Reader. Sheed & Ward.score: 120.0
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  6. James G. Hart (2006). James G. Hart. Husserl Studies 22 (2):167-191.score: 120.0
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  7. Kevin Hart & George Aichele (2005). The Word Becomes Text: A Dialogue Between Kevin Hart and George Aichele. In Yvonne Sherwood & Kevin Hart (eds.), Derrida and Religion: Other Testaments. Routledge.score: 120.0
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  8. James H. Olthuis, Hendrik M. Vroom, John H. Kok, Dirk H. Th Vollenhoven, Nicholas John Ansell, Stoffel N. D. Francke, Gary R. Shahinian, Jeffrey Dudiak, Lambert Zuidervaart, D. Vaden House, Carroll Guen Hart, Janet Catherina Wesselius & Perry Recker (2002). Philosophy as Responsibility: A Celebration of Hendrik Hart's Contribution to the Discipline. University Press of America.score: 120.0
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  9. H. Crichton-Miller (1928). Psychopathology: Its Development and its Place in Medicine. By Bernard Hart M.D.(Lond.), F.R.C.P.(Lond). , Physician in Psychological Medicine, University College Hospital and National Hospital, Queen Square, London. (London: Cambridge University Press. 1927. Pp. Vi + 156. Price 7s. 6d. Net.). [REVIEW] Philosophy 3 (09):118-.score: 45.0
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  10. Peter Cane (2006). Taking Law Seriously: Starting Points of the Hart/Devlin Debate. [REVIEW] Journal of Ethics 10 (1-2):21 - 51.score: 18.0
    The famous mid-20th century debate between Patrick Devlin and Herbert Hart about the relationship between law and morality addressed the limits of the criminal law in the context of a proposal by the Wolfenden Committee to decriminalize male homosexual activity in private. The original exchanges and subsequent contributions to the debate have been significantly constrained by the terms in which the debate was framed: a focus on criminal law in general and sexual offences in particular; a preoccupation with the (...)
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  11. Matthew H. Kramer (2013). In Defense of Hart. In Wil Waluchow & Stefan Sciaraffa (eds.), Philosophical Foundations of the Nature of Law. Oup Oxford. 22.score: 18.0
    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 (...)
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  12. Lauren Freeman (2010). Metontology , Moral Particularism, and the “Art of Existing:” A Dialogue Between Heidegger, Aristotle, and Bernard Williams. [REVIEW] Continental Philosophy Review 43 (4):545-568.score: 18.0
    An important shift occurs in Martin Heidegger’s thinking one year after the publication of Being and Time , in the Appendix to the Metaphysical Foundations of Logic . The shift is from his project of fundamental ontology—which provides an existential analysis of human existence on an ontological level—to metontology . Metontology is a neologism that refers to the ontic sphere of human experience and to the regional ontologies that were excluded from Being and Time. It is within metontology, Heidegger states, (...)
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  13. Matthew Lister (forthcoming). Four Entries for the Rawls Lexicon: Charles Beitz, H.L.A. Hart, Citizen, Sovereignty. In Jon Mandle & David Reidy (eds.), The Rawls Lexicon. Cambridge University Press.score: 18.0
    These are for entries for the forthcoming _Rawls Lexicon_, edited by Jon Mandle and David Reidy, on H.L.A. Hart, Charles Beitz, Sovereignty, and Citizen.
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  14. Gustavo Caponi, Claude Bernard, Charles Darwin y los dos modos fundamentales de interrogar lo viviente.score: 18.0
    Research in modern biology has largely been developed according to two main ways of inquiry, as they were outlined by Charles Darwin and Claude Bernard. Each stands for a specific approach to the living corresponding to two different methodological rules: the principle of natural selection and the principle of causation.
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  15. Ulrich Charpa (2006). Mister Bixby, Monsieur Bernard, and Some Other 19th Century Scientist–Philosophers on Knowledge-Based Actions. Journal for General Philosophy of Science 37 (2):257 - 268.score: 18.0
    Following Mr. Bixby and some other 19th century scientist-philosophers such as Claude Bernard, relevant scientific actions should, as a matter of primary importance, be explained with reference to the competence and not to the intentions of those involved. The background is a reliabilist virtue approach - a widespread tendency in 19th century epistemology and philosophy of science. Bixby's approach includes a critique of some constructivist arguments and establishes a mutually supportive connection to conceptions of scientific progress.
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  16. Robert Arnautu (2010). Bernard Miege, Societatea cucerita de comunicare/ Society Conquered by Communication. Journal for the Study of Religions and Ideologies 3 (9):144-147.score: 18.0
    Bernard Miege, Societatea cucerita de comunicare Ed. Polirom, Iasi, 2004.
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  17. Ricardo Da Costa (2009). Transcendence above immanence: the Soul in mysticism of Bernard of Clairvaux (1090-1153). Anales Del Seminario de Historia de la Filosofía 26:97-105.score: 18.0
    This work will examine the concept of soul developed in mysticism of abbot Bernard of Clairvaux (1090-1153). For this, I will analyze extracts of five writings namely the Third Series of Sentences, three of his Liturgical Sermons, and the parabola The Three Children of the King.
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  18. Eileen De Neeve (2010). Interpreting Bernard Lonergan's General Theory of Economic Dynamics: Does It Complete Hayek, Keynes and Schumpeter? Journal of Macrodynamic Analysis 5.score: 18.0
    The paper reviews links between Bernard Lonergan's theory of innovative economic growth and cycles, and the ideas of Friedrich Hayek, John Maynard Keynes, and Joseph Schumpeter. They were contemporary economists, who remain influential today. For Lonergan, although markets define what is bought and sold in an exchange economy, production decisions are more fundamental. These decisions are choices about the direction of development, the standard of living, and variations in the distribution of wealth in a modern society. The paper shows (...)
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  19. Andrey Ivanov (2012). St. Bernard: Apology and Architectural Art. Trans/Form/Ação 35 (SPE):179-186.score: 18.0
    Este artigo busca expor as críticas de Bernardo de Claraval às superfluidades humanas no texto da Apologia, especialmente aquelas referentes à arte arquitetural. Em segundo lugar, procura analisar as implicações estéticas do ascetismo cisterciense e bernardiano. As críticas de Bernardo exercem uma influência decisiva na ornamentação e fazem nascer uma nova arquitetura. This paper is to expose the criticism of human superfluities at Bernard of Clairvaux in the text of the Apology, especially those related to architectural art. Secondly, analyzes (...)
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  20. Anders Kruse Ljungdalh (2013). Experimenting with Styles of Living: Bernard, Canguilhem and Type 2 Diabetes Education. [REVIEW] Journal of Medical Humanities 34 (3):369-383.score: 18.0
    The paper links a debate in the history of medical science between statistics and the experimental method with contemporary diabetes educational practices. An empirical example of a tension between neglect and concern in diabetes self-regulation frames the subsequent theoretical discussion between first, Claude Bernard and statistics and afterwards, Georges Canguilhem as a correlative to Bernard. Through these philosophers of medical science a connection between the experimental method and education is demonstrated. Finally, a case description of an experimental approach (...)
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  21. Christian Maurer (2014). What Can an Egoist Say Against an Egoist? On Archibald Campbell's Criticisms of Bernard Mandeville. Journal of Scottish Philosophy 12 (1):1-18.score: 18.0
    Like Bernard Mandeville, Archibald Campbell develops a profoundly egoistic conception of human psychology. However, Campbell attacks numerous points in Mandeville’s moral philosophy, in particular Mandeville’s treatment of self-love, the desire for esteem, and human nature in general as corrupt. He also criticises Mandeville’s corresponding insistence on self-denial and his rigorist conception of luxury. Campbell himself is subsequently attacked by Scottish orthodox Calvinists - not for his egoism, but for his optimism regarding postlapsarian human nature and self-love. This episode demonstrates (...)
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  22. Margaret A. Simons & Helene N. Peters (2004). Introduction to Beauvoir's "Analysis of Claude Bernard's Introduction to the Study of Experimental Medicine&Quot;. In Margaret A. Simons, Marybeth Timmermann & Mary Beth Mader (eds.), Philosophical Writings. University of Illinois Press. 15-22.score: 18.0
    In December 1924 when Simone de Beauvoir almost certainly wrote her essay analyzing Claude Bernard's "Introduction to the Study of Experimental Medicine," a classic text in the philosophy of science, she was a 16 yr old student in a senior-level philosophy class at a private Catholic girls' school. Given the popular conception of existentialism as anti science, Beauvoir's early interest in science, reflected in her baccalaureate successes as well as her paper on Bernard, may be surprising. But her (...)
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  23. Tad Dunne, Bernard Lonergan. Internet Encyclopedia of Philosophy.score: 15.0
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  24. John Tillson (2013). Is Knowledge What It Claims to Be? Bernard Williams and the Absolute Conception. Educational Philosophy and Theory 45 (8):860-873.score: 15.0
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  25. D. N. Byrne (2013). After Tocqueville – the Curious Adventures of Bernard-Henri Lévy and Don Watson. [REVIEW] Australian Review of Public Affairs - Drawing Board.score: 15.0
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  26. John Finnis (2008). On Hart's Ways : Law as Reason and as Fact. In Matthew H. Kramer (ed.), The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy. Oxford University Press. 25-53.score: 15.0
    This address at the Hart Centenary Conference in Cambridge in July 2007 reflects on foundational elements in Hart's method in legal philosophy. It argues that his understanding of what it is to adopt an internal point of view was flawed by (a) inattention to the difference between descriptive history (or biography or detection) and descriptive general theory of human affairs, (b) inattention to practical reason as argument from premises, some factual but others normative (evaluative) in their content, and (...)
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  27. Lorenzo Greco (2012). Reflection and the Individual in Bernard Williams. Iride 25 (1):103-118.score: 15.0
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  28. Jean Leclercq (2011). Voir le monde par les affects : Bernard de Clairvaux et la voie monastique. Revue des Sciences Philosophiques Et Théologiques 2:323-341.score: 15.0
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  29. Scott J. Shapiro (2007). The "Hart-Dworkin" Debate : A Short Guide for the Perplexed. In Arthur Ripstein (ed.), Ronald Dworkin. Cambridge University Press. 22--49.score: 12.0
    For the past four decades, Anglo-American legal philosophy has been preoccupied – some might say obsessed – with something called the “Hart-Dworkin” debate. Since the appearance in 1967 of “The Model of Rules I,” Ronald Dworkin’s seminal critique of H.L.A. Hart’s theory of legal positivism, countless books and articles have been written either defending Hart against Dworkin’s objections or defending Dworkin against Hart’s defenders. My purpose in this essay is not to declare an ultimate victor; rather (...)
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  30. John Gardner (2011). Hart on Legality, Justice and Morality. Jurisprudence 1 (2):253-265.score: 12.0
    HLA Hart has sometimes been associated with the false proposition that there is 'no necessary connection between law and morality'. Nigel Simmonds is the latest critic to make the association. He offers an 'ironic' interpretation of a famous passage in Hart's The Concept of Law in which the proposition is apparently rejected as false by Hart. In this paper I explain why, even if Simmonds's ironic interpretation is tenable, it does not associate Hart with the proposition (...)
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  31. Brian Bix (1991). H. L. A. Hart and the “Open Texture” of Language. Law and Philosophy 10 (1):51 - 72.score: 12.0
    H. L. A. Hart and the "Open Texture" of Language tries to clarify the writings of both Hart and Friedrich Waismann on "open texture". In Waismann's work, "open texture" referred to the potential vagueness of words under extreme (hypothetical) circumstances. Hart's use of the term was quite different, and his work has been misunderstood because those differences were underestimated. Hart should not be read as basing his argument for judicial discretion on the nature of language; primarily, (...)
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  32. John Gardner (2008). Hart and Feinberg on Responsibility. In Matthew H. Kramer (ed.), The Legacy of H. Oxford University Press.score: 12.0
    Forthcoming in Kramer et al (eds), The Legacy of H.L.A. Hart. Posted 8 February 2008.
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  33. Roman Altshuler (2013). Practical Necessity and the Constitution of Character. In Alexandra Perry & Chris Herrera (eds.), The Moral Philosophy of Bernard Williams. Cambridge Scholars Publishing.score: 12.0
    Deliberation issues in decision, and so might be taken as a paradigmatic volitional activity. Character, on the other hand, may appear pre-volitional: the dispositions that constitute it provide the background against which decisions are made. Bernard Williams offers an intriguing picture of how the two may be connected via the concept of practical necessities, which are at once constitutive of character and deliverances of deliberation. Necessities are thus the glue binding character and the will, allowing us to take responsibility (...)
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  34. Philip Schofield (2011). Jeremy Bentham and HLA Hart's 'Utilitarian Tradition in Jurisprudence'. Jurisprudence 1 (2):147-167.score: 12.0
    Hart identified a utilitarian tradition in jurisprudence, which he associated with Jeremy Bentham and John Austin. This tradition consisted in three doctrines: the separation of law and morals; the analysis of legal concepts; and the imperative theory of law. I argue, contrary to Hart, that Bentham did not adopt a 'positivist' conception of law whether understood in terms of the separation of legal theory and morality or in terms of the separation of law and morals. Misinterpreting Bentham's approach (...)
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  35. Jonathan Duquette (2011). “Quantum Physics and Vedanta”: A Perspective From Bernard D'Espagnat's Scientific Realism. Zygon 46 (3):620-638.score: 12.0
    Abstract. In the last decades, several rapprochements have been made between quantum physics and the Advaita Vedānta (AV) school of Hinduism. Theoretical issues such as the role of the observer in measurement and physical interconnectedness have been associated with tenets of AV, generating various critical responses. In this study, I propose to address this encounter in the light of recent works on philosophical implications of quantum physics by the physicist and philosopher of science Bernard d’Espagnat.
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  36. J. E. J. Altham & Ross Harrison (eds.) (1995). World, Mind, and Ethics: Essays on the Ethical Philosophy of Bernard Williams. Cambridge University Press.score: 12.0
    Bernard Williams is one of the most influential figures in recent ethical theory, where he has set a considerable part of the current agenda. In this collection, a distinguished international team of philosophers who have been stimulated by Williams' work give new responses to it. The topics covered include equality, consistency, comparisons between science and ethics, integrity, moral reasons, the moral system, and moral knowledge. Williams himself then provides a substantial reply, which in turn shows both the current directions (...)
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  37. Alex Bavister‐Gould (2013). Bernard Williams: Political Realism and the Limits of Legitimacy. European Journal of Philosophy 21 (4):593-610.score: 12.0
    : A central component of Bernard Williams' political realism is the articulation of a standard of legitimacy from within politics itself: LEG. This standard is presented as basic, inherent in all political orders and the best way to underwrite fundamental liberal principles particular to the modern state, including basic human rights. It does not require, according to Williams, a wider set of liberal values. In the following, I show that where Williams restricts LEG to generating only minimal political protections, (...)
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  38. Danny Priel (2008). Sanction and Obligation in Hart's Theory of Law. Ratio Juris 21 (3):404-411.score: 12.0
    Abstract. The paper begins by challenging Hart's argument aimed to show that sanctions are not part of the concept of law. It shows that in the "minimal" legal system as understood by Hart, sanctions may be required for keeping the legal system efficacious. I then draw a methodological conclusion from this argument, which challenges the view of Hart (and his followers) that legal philosophy should aim at discovering some general, politically neutral, conceptual truths about law. Instead, the (...)
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  39. Veronica Rodriguez-Blanco (2009). From Shared Agency to the Normativity of Law: Shapiro's and Coleman's Defence of Hart's Practice Theory of Rules Reconsidered. Law and Philosophy 28 (1):59 - 100.score: 12.0
    Colemanand Shapiro have recently advanced a second at- tempt to reconcile Hart’s practice theory of rules and the idea of the normativity of law; i.e., the idea that legal rules qua social rules give reasons for actions and, in some circumstances create and impose duties and obligations. Their argumentative strategy is to resort to elements in Bratman’s work on shared agency and planning, though they introduce important and substantive modifications to Bratman’s own explanation. Bratman describes his own theory as (...)
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  40. Wilfrid J. Waluchow (1985). Hart, Legal Rules and Palm Tree Justice. Law and Philosophy 4 (1):41 - 70.score: 12.0
    In this paper I defend a liberal theory about how legal rules can and ought to be interpreted. The theory emerges from a critical examination of H. L. A. Hart's influential views on the limited but unavoidable indeterminacy of legal rules. I begin with a brief sketch of Hart's early theory (as it is traditionally understood) offering various suggestions as to how it might usefully be modified. Next, several possible objections to my modifications are sketched and criticized. Finally, (...)
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  41. Neil MacCormick (1981). H.L.A. Hart. Stanford University Press.score: 12.0
    Introduction HLA Hart: A biographical sketch Jurisprudence is the theoretical study of a practical subject. Its object is to achieve a systematic and ...
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  42. Bernard Yack (2006). Bernard Williams, In the Beginning Was the Deed: Realism and Moralism in Political Argument:In the Beginning Was the Deed: Realism and Moralism in Political Argument. Ethics 116 (3):615-618.score: 12.0
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  43. Sylvie Delacroix (2011). Meta-Ethical Agnosticism in Legal Theory: Mapping a Way Out. Jurisprudence 1 (2):225-240.score: 12.0
    In his review of Bernard Williams' Ethics and the Limits of Philosophy , Hart eloquently formulated an apprehension that still haunts much of contemporary jurisprudence: if the moral 'I must' has to be 'seen as coming not from outside, but from what is most deeply inside us ? the fear is that this will not be enough'. I argue that this fear is the byproduct of the dualist outlook within which Hart—and a significant part of contemporary legal (...)
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  44. Gregory Bassham (2012). Legislating Morality: Scoring the Hart-Devlin Debate After Fifty Years. Ratio Juris 25 (2):117-132.score: 12.0
    It has now been more than 50 years since H. L. A Hart and Lord Patrick Devlin first squared off in perhaps the most celebrated jurisprudential debate of the twentieth-century (1959–1967). The central issue in that dispute—whether the state may criminalize immoral behavior as such—continues to be debated today, but in a vastly changed legal landscape. In this article I take a fresh look at the Hart-Devlin debate in the light of five decades of social and legal changes.
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  45. Hugh LaFollette & Niall Shanks (1994). Animal Experimentation: The Legacy of Claude Bernard. International Studies in the Philosophy of Science 8 (3):195 – 210.score: 12.0
    Claude Bernard, the father of scientific physiology, believed that if medicine was to become truly scientiifc, it would have to be based on rigorous and controlled animal experiments. Bernard instituted a paradigm which has shaped physiological practice for most of the twentieth century. ln this paper we examine how Bernards commitment to hypothetico-deductivism and determinism led to (a) his rejection of the theory of evolution; (b) his minima/ization of the role of clinical medicine and epidemiological studies; and (c) (...)
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  46. Haskell Fain (1966). Hart and Honoré on Causation in the Law. Inquiry 9 (1-4):322-338.score: 12.0
    Hart and Honoré contend, in their book Causation in the Law, that causal appraisals in everyday life and in the law can be made, with justifiable confidence, without appealing to relevant general laws; that in order to grasp the workings of causal notions in everyday life and the law, it is sufficient to note that causes are events which interfere with or intervene in the course of events which would normally have taken place. This thesis is criticized on the (...)
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  47. John Mikhail, Plucking the Mask of Mystery From its Face: Jurisprudence and H.L.A. Hart.score: 12.0
    Until recently, little was known of H.L.A. Hart’s private life. That has now changed with the publication of Nicola Lacey’s A Life of H.L.A. Hart: The Nightmare and the Noble Dream. Drawing on Hart’s notebooks and correspondence, Lacey paints an illuminating portrait of Hart, which reveals that despite his public success he struggled with internal perplexities, including his sexual orientation, Jewish identity, intellectual insecurity, and unconventional marriage. Yet, as critics have noted, the connection between these revelations (...)
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  48. William F. J. Ryan (1973). Intentionality in Edmund Husserl and Bernard Lonergan. International Philosophical Quarterly 13 (2):173-190.score: 12.0
    ALTHOUGH THERE is no direct dependence of Bernard Lonergan upon Edmund HusserI in the manner, say, of Husserl himself upon Franz Brentano, there are nonetheless points of similarity and contrast between them. It would be possible to list these matching points singly on their own, such as Epoche and self-appropriation, Erlebnis and consciousness, monad and subject, Anschauung and affirmation. However, besides and beneath these individual points of similarity and contrast, lying as their basis, there is similarity and contrast at (...)
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  49. M. Gilbert (1999). Social Rules: Some Problems for Hart's Account, and an Alternative Proposal. [REVIEW] Law and Philosophy 18 (2):141-171.score: 12.0
    What is a social rule? This paper first notes three important problems for H.L.A. Hart's famous answer in the Concept of Law. An alternative account that avoids the problems is then sketched. It is less individualistic than Hart's and related accounts. This alternative account can explain a phenomenon observed but downplayed by Hart: the parties to a social rule feel that they are in some sense 'bound' to conform to it.
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  50. Ulrike Heuer & Gerald Lang (eds.) (2012). Luck, Value, and Commitment: Themes From the Ethics of Bernard Williams. Oxford University Press, USA.score: 12.0
    Luck, Value, and Commitment comprises eleven new essays which engage with, or take their point of departure from, the influential work in moral and political philosophy of Bernard Williams (1929-2003).
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