Search results for 'Christianity and law' (try it on Scholar)

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  1. David Novak (2004). Is Natural Law a Border Concept Between Judaism and Christianity? Journal of Religious Ethics 32 (2):237-254.score: 48.0
    With the passing of disputations between Jewish and Christian thinkers as to whose tradition has a more universal ethics, the task of Jewish and Christian ethicists is to constitute a universal horizon for their respective bodies of ethics, both of which are essentially particularistic being rooted in special revelation. This parallel project must avoid relativism that is essentially anti-ethical, and triumphalism that proposes an imperialist ethos. A retrieval of the idea of natural law in each respective tradition enables the constitution (...)
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  2. Norman St John-Stevas (1961/1981). Life, Death, and the Law: A Study of the Relationship Between Law and Christian Morals in the English and American Legal Systems. Rothman.score: 42.0
     
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  3. B. Goss & R. Vitz (forthcoming). Natural Law Among Moral Strangers. Christian Bioethics.score: 40.0
    Our goal in this paper is two-fold. First, we aim to clarify two ways in which contemporary Christian bioethicists have erred, on Engelhardt’s account, in their attempts to do bioethics within a distinctively non- Christian idiom, namely, either (1) by rejecting a principal metaethical thesis or (2) by misrepresenting a principal moral-epistemological thesis of natural-law ethics, properly construed. Second, we intend to show not only that Engelhardt can and should endorse the Christian bioethicists’ use of non-Christian moral idioms in the (...)
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  4. Stephen John Grabill (2006). Rediscovering the Natural Law in Reformed Theological Ethics. William B. Eerdmans Pub. Co..score: 36.0
    Karl Barth and the displacement of natural law in contemporary Protestant theology -- Development of the natural-law tradition through the high Middle Ages -- John Calvin and the natural knowledge of God the Creator -- Peter Martyr Vermigli and the natural knowledge of God the Creator -- Natural law in the thought of Johannes Althusius -- Francis Turretin and the natural knowledge of God the Creator.
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  5. C. K. Allen (1924). Christianity and the Common Law. Australasian Journal of Philosophy 2 (4):293 – 296.score: 36.0
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  6. John Crook (1964). The Context of Early Christianity A. N. Sherwin-White: Roman Society and Roman Law in the New Testament. (The Sarum Lectures, 1960–1.) Pp. Xii+204. Oxford: Clarendon Press, 1963. Cloth, 25s. Net. [REVIEW] The Classical Review 14 (02):198-200.score: 36.0
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  7. P. W. Duff (1939). Christianity and the Roman Law of Concubinage and Divorce E. J. Jonkers: Invloed van Het Christendom Op de Romeinsche Wetgeving Betreffende Het Concubinaat En de Echtscheiding. Pp. Viii+224. Wageningen: H. Veenman & Zonen, 1938. Stiff Paper, F. 4.90. [REVIEW] The Classical Review 53 (5-6):213-.score: 36.0
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  8. Artemy Magun (2012). Karl Marx and Hannah Arendt on the Jewish Question: Political Theology as a Critique. [REVIEW] Continental Philosophy Review 45 (4):545-568.score: 36.0
    The article is dedicated to the politico-theological critique of Judaism from the position of Christianity. It shows the affinity of Marx’s early critique of liberal state and of Hannah Arendt’s criticism of formal legalistic thinking in the contemporary judicial treatment of Nazism (and of similar international political crimes). Marx’s critique of nation-state finds its unlikely continuation in Arendt’s critique of international law. The politico-theological argument is explicit in Marx and implicit in Arendt, but both develop the Hegelian criticism of (...)
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  9. Stefan Kirchner (2013). Natural Law as Biolaw. Jurisprudence 20 (1):23-39.score: 36.0
    This article investigates the use of natural law in biolaw from the specific perspective of an attorney practising before the European Court of Human Rights. Starting from an exploration of the question of who is a human and thereby to be protected under the European Convention on Human Rights (ECHR), particular emphasis is placed on the right to life under Art. 2(1) ECHR. It is shown that natural law can – and should – impact the interpretation of the European Convention (...)
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  10. Markus N. A. Bockmuehl (2000/2003). Jewish Law in Gentile Churches: Halakhah and the Beginning of Christian Public Ethics. Baker Academic.score: 36.0
    Halakhah and ethics in the Jesus tradition -- Matthew's divorce texts in the light of pre-rabbinic Jewish law -- Let the dead bury their dead : Jesus and the law revisited -- James, Israel, and Antioch -- Natural law in Second Temple Judaism -- Natural law in the New Testament? -- The Noachide commandments and New Testament ethics -- The beginning of Christian public ethics : from Luke to Aristides and Diognetus -- Jewish and Christian public ethics in the early (...)
     
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  11. J. Budziszewski (2011). The Line Through the Heart: Natural Law as Fact, Theory, and Sign of Contradiction. Intercollegiate Studies Institute.score: 36.0
    Natural law as fact, theory, and sign of contradiction -- The second tablet project -- The mystery of what? -- The natural, the connatural, and the unnatural -- Accept no imitations: natural law vs. naturalism -- Thou shalt not kill . . . whom? the meaning of the person -- Capital punishment: the case for justice -- Constitution vs. constitutionalism -- Constitutional metaphysics -- The liberal, illiberal religion.
     
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  12. C. J. Nederman (2002). Living Letters of the Law: Ideas of the Jew in Medieval Christianity. By Jeremy Cohen. The European Legacy 7 (1):131-131.score: 36.0
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  13. Lucy K. Pick (2002). Jeremy Cohen, Living Letters of the Law: Ideas of the Jew in Medieval Christianity. Berkeley, Los Angeles, and London: University of California Press, 1999. Pp. X, 451; 1 Table. $60 (Cloth); $24.95 (Paper). [REVIEW] Speculum 77 (3):899-900.score: 36.0
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  14. W. Stephen (1997). Law and the Early Christianity. Journal of Dharma 22:396-417.score: 36.0
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  15. Frank Van Dun (2001). Natural Law, Liberalism, and Christianity. Journal of Libertarian Studies 15 (3; SEAS SUM):1-36.score: 36.0
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  16. Charles Villa-Vicencio (1992). A Theology of Reconstruction: Nation-Building and Human Rights. Cambridge University Press.score: 33.0
    The changing situation in South Africa and Eastern Europe prompts Charles Villa-Vicencio to investigate the implications of transforming liberation theology into a theology of reconstruction and nation-building. Such a transformation, he argues, requires theology to become an unambiguously interdisciplinary study. This book explores the encounter between theology, on the one hand, and constitutional writing, law-making, human rights, economics, and the freedom of conscience on the other. Placing his discussion in the context of the South African struggle, the author compares this (...)
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  17. Vladimir Milisavljevic (2010). 'Spirit' and 'Letter' of the Moral Law: Text and Commentary in the Hermeneutics of German Idealism II. Filozofija I Drustvo 21 (1):149-165.score: 33.0
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  18. Thomas (2009). Treatise on Law: The Complete Text. St. Augustine's Press.score: 33.0
     
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  19. Anna Peterson (2000). In and of the World? Christian Theological Anthropology and Environmental Ethics. Journal of Agricultural and Environmental Ethics 12 (3):237-261.score: 30.0
    Mainstream currents within Christianity havelong insisted that humans, among all creatures, areneither fully identified with their physical bodiesnor fully at home on earth. This essay outlines theparticular characteristics of Christian notions ofhuman nature and the implications of this separationfor environmental ethics. It then examines recentefforts to correct some damaging aspects oftraditional Christian understandings of humanity''splace in nature, especially the notions of physicalembodiment and human embeddedment in earth. Theprimary goal of the essay is not to offer acomprehensive evaluation of Christian (...)
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  20. Amber L. Griffioen (2007). “In Accordance with the Law”: Reconciling Divine and Civil Law in Abelard. American Catholic Philosophical Quarterly 81 (2):307-321.score: 30.0
    In the Ethics, Abelard discusses the example of a judge who knowingly convicts an innocent defendant. He claims that this judge does rightly whenhe punishes the innocent man to the full extent of the law. Yet this claim seems counterintuitive, and, at first glance, contrary to Abelard’s own ethical system. Nevertheless, I argue that Abelard’s ethical system cannot be viewed as completely subjective, since the rightness of an individual act of consent is grounded in objective standards established by God. Likewise, (...)
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  21. David Novak (2012). Defending Niebuhr From Hauerwas. Journal of Religious Ethics 40 (2):281-295.score: 30.0
    In his 2001 book, With the Grain of the Universe, Stanley Hauerwas has made an extended case for Karl Barth as the model for how to do Christian ethics, and for Reinhold Niebuhr as the model for how not to do it. Though Barth's closer and deeper theological connection to the Christian tradition appeals to a Jewish traditionalist by analogy, nevertheless, Niebuhr's approach to social ethics, based as it is on a version of natural law, is of greater appeal. That (...)
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  22. Marek Piechowiak (2012). Wolność religijna i dyskryminacja religijna – uwagi w kontekście rezolucji Parlamentu Europejskiego z 20 stycznia 2011 r. [Freedom of Religion and Religious Discrimination – Remarks on the European Parliament Resolution of 20 January 2011]. In Stanisław Leszek Stadniczeńko (ed.), Urzeczywistnianie wolności przekonań religijnych i praw z niej wynikających. Redakcja Wydawnictw Wydziału Teologicznego Uniwersytetu Opolskiego. 103-139.score: 30.0
    The aim of this paper is to present and analyse legal acts cited in the European Parliament resolution of 20 January 2011 on the situation of Christians in the context of freedom of religion. The author presents the substance of the right to religious freedom and the position of religious freedom among other human rights. The paper also shows the formation of European law on religious freedom and grasps the development trends in this area. Because of the discrepancies that arise (...)
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  23. Davina Cooper & Didi Herman (2013). Up Against the Property Logic of Equality Law: Conservative Christian Accommodation Claims and Gay Rights. [REVIEW] Feminist Legal Studies 21 (1):61-80.score: 30.0
    This paper explores conservative Christian demands that religious-based objections to providing services to lesbians and gay men should be accommodated by employers and public bodies. Focusing on a series of court judgments, alongside commentators’ critical accounts, the paper explores the dominant interpretation of the conflict as one involving two groups with deeply held, competing interests, and suggests this interpretation can be understood through a social property framework. The paper explores how religious beliefs and sexual orientation are attachments whose power has (...)
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  24. Jacob Neusner (1997). The Intellectual Foundations of Christian and Jewish Discourse: The Philosophy of Religious Argument. Routledge.score: 30.0
    The Intellectual Foundations of Christian and Jewish Discourse is a unique and controversial analysis of the genesis and evolution of Judeo-Christian intellectual thought. Jacob Neusner and Bruce Chilton argue that the Judaic and Christian heirs of Scripture adopted, and adapted to their own purposes, Greek philosophical modes of thought, argument and science. Intellectual Foundations of Christian and Jewish Discourse explores how the earliest intellectuals of Christianity and Judaism shaped a tradition of articulated conflict and reasoned argument in the search (...)
     
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  25. George Turnbull (2005). The Principles of Moral and Christian Philosophy: Philosophical Works and Correspondence of George Turnbull. Liberty Fund.score: 28.0
    v. 1. The principles of moral philosophy -- v. 2. Christian philosophy.
     
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  26. Svend Andersen (2001). Theological Ethics, Moral Philosophy, and Natural Law. Ethical Theory and Moral Practice 4 (4):349-364.score: 27.0
    The article deals with the relationship between theological ethics and moral philosophy. The former is seen as a theoretical reflection on Christian ethics, the latter as one on secular ethics. The main questions asked are: (1) Is there one and only one pre-theoretical knowledge about acting rightly? (2) Does philosophy provide us with the theoretical framework for understanding both Christian and secular ethics? Both questions are answered in the negative. In the course of argument, four positions are presented: theological unificationism, (...)
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  27. Peter Abelard (1979). A Dialogue of a Philosopher with a Jew, and a Christian. Pontifical Institute of Mediaeval Studies.score: 27.0
    Translation of Dialogus inter philosophum, iudaeum, et christianum.
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  28. Peter Abelard (2001). Collationes. Oxford University Press.score: 25.0
    Peter Abelard (1079-1142) was one of the most influential writers and thinkers of the twelfth century, famous for his skill in logic as well as his romance with Heloise. His Collationes--or Dialogue between a Christian, a Philosopher, and a Jew--is remarkable for the boldness of its conception and thought.
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  29. Martin Rhonheimer (2000). Natural Law and Practical Reason: A Thomist View of Moral Autonomy. Fordham University Press.score: 24.0
    Rhonheimer applies moral theology to practical questions, such as, what does it mean to violate the natural law, or to be “unnatural”?
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  30. J. Budziszewski (2003/2011). What We Can't Not Know: A Guide. Spence Pub. Co..score: 24.0
    In this new revised edition of his groundbreaking work, Professor J. Budziszewski questions the modern assumption that moral truths are unknowable.
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  31. Mohd Shuhaimi Bin Ishak & Sayed Sikandar Shah Haneef (2014). Reproductive Technology: A Critical Analysis of Theological Responses in Christianity and Islam. Zygon 49 (2):396-413.score: 24.0
    Reproductive medical technology has revolutionized the natural order of human procreation. Accordingly, some have celebrated its advent as a new and liberating determinant of kinship at the global level and advocate it as a right to reproductive health while others have frowned upon it as a vehicle for “guiltless exchange of sexual fluid” and commodification of human gametes. Religious voices from both Christianity and Islam range from unthinking adoption to restrictive use. While utilizing this technology to enable the married (...)
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  32. Peter Fitzpatrick (2001). Modernism and the Grounds of Law. Cambridge University Press.score: 24.0
    Modern society takes on a civilized, secular solidity in its rejection of worlds contrary to it, worlds of the savage and the sacred. Yet, as Fitzpatrick shows, these are also worlds intrinsic to modernity itself. It is with the resulting fracture in modernity's self-creation that law now finds its grounds - grounds that match the varieties of modern nation, whether this be the territorially bounded nation or nation as universally oriented in such modes as imperialism, globalism and human rights. Drawing (...)
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  33. Jude P. Dougherty (2000). Western Creed, Western Identity: Essays in Legal and Social Philosophy. Catholic University of America Press.score: 24.0
    Dougherty investigates the classical roots of Western culture and its religious sources in an effort to define its underlying intellectual and spiritual ...
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  34. Patrick de Laubier (ed.) (2008). Vladimir Soloviev, Jacques Maritain Et le Personnalisme Chrétien. Parole Et Silence.score: 24.0
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  35. Luigi Lombardi Vallauri & Gerhard Dilcher (eds.) (1981). Cristianesimo, Secolarizzazione E Diritto Moderno. Giuffrè.score: 24.0
     
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  36. David S. Oderberg & T. D. J. Chappell (eds.) (2004). Human Values: New Essays on Ethics and Natural Law. Palgrave Macmillan.score: 24.0
    In recent decades, the revival of natural law theory in modern moral philosophy has been an exciting and important development. Human Values brings together an international group of moral philosophers who in various respects share the aims and ideals of natural law ethics. In their diverse ways, these authors make distinctive and original contributions to the continuing project of developing natural law ethics as a comprehensive treatment of modern ethical theory and practice.
     
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  37. V. A. Rogov (2007). Pravo--Prostranstvo--Vremi͡a V Bogoslovii I Srednevekovoĭ Rusi: O Srednevekovykh Veroi͡atnosti͡akh I Idei͡akh V Perspektive: Monografii͡a. Moskovskiĭ Gos. Industrialʹnyĭ Universitet.score: 24.0
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  38. Tine Stein (2007). Himmlische Quellen Und Irdisches Recht: Religiöse Voraussetzungen des Freiheitlichen Verfassungsstaates. Campus.score: 24.0
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  39. R. C. Miner (2008). What Does Obligation Add to Virtue-Descriptions? Some Uses of Anscombe's Law/Game Analogy. Christian Bioethics 14 (2):165-174.score: 22.0
    We can describe certain actions as defective in a particular virtue, for example, as “unjust” or “intemperate.” We can take the additional step of describing such actions as “morally wrong” or “contrary to moral obligation.” A key claim of Elizabeth Anscombe's “Modern Moral Philosophy” is that if we choose to describe virtue-defective actions as “morally wrong,” because we are “obliged” or “bound” or “required” not to do them, we are in fact taking an additional step and that this step stands (...)
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  40. Thom Brooks (2007). Between Natural Law and Legal Positivism: Dworkin and Hegel on Legal Theory. Georgia State University Law Review 23 (3):513-60.score: 21.0
    In this article, I argue that - despite the absence of any clear influence of one theory on the other - the legal theories of Dworkin and Hegel share several similar and, at times, unique positions that join them together within a distinctive school of legal theory, sharing a middle position between natural law and legal positivism. In addition, each theory can help the other in addressing certain internal difficulties. By recognizing both Hegel and Dworkin as proponents of a position (...)
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  41. Robert C. Robinson (2010). The Role of Causation in Decision of Tort Law. Journal of Law, Development and Politics 1 (2).score: 21.0
    Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that the three key concepts are neither necessary, nor sufficient, for tort.
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  42. J. Daryl Charles (2008). Retrieving the Natural Law: A Return to Moral First Things. William B. Eerdmans Pub. Co..score: 21.0
    Introduction -- Contending for moral first things : Christian social ethics and postconsensus culture -- Natural law and the Christian tradition -- Natural law and the Protestant prejudice -- Moral law, Christian belief, and social ethics -- Contending for moral first things in ethical and bioethical debates : critical categories, part 1 -- Contending for moral first things in ethical and bioethical debates : critical categories, part 2 -- Ethics, bioethics, and the natural law, a test case : (...)
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  43. David Enoch (2011). Reason-Giving and the Law. In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law. Oxford University Press.score: 21.0
    A spectre is haunting legal positivists – and perhaps jurisprudes more generally – the spectre of the normativity of law. Whatever else law is, it is sometimes said, it is normative, and so whatever else a philosophical account of law accounts for, it should account for the normativity of law[1]. But law is at least partially a social matter, its content at least partially determined by social practices. And how can something social and descriptive in this down-to-earth kind of way (...)
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  44. Andrew Ashworth & Lucia Zedner (2008). Defending the Criminal Law: Reflections on the Changing Character of Crime, Procedure, and Sanctions. Criminal Law and Philosophy 2 (1):21-51.score: 21.0
    Recent years have seen mounting challenge to the model of the criminal trial on the grounds it is not cost-effective, not preventive, not necessary, not appropriate, or not effective. These challenges have led to changes in the scope of the criminal law, in criminal procedure, and in the nature and use of criminal trials. These changes include greater use of diversion, of fixed penalties, of summary trials, of hybrid civil–criminal processes, of strict liability, of incentives to plead guilty, and of (...)
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  45. Susan Haack (2008). Of Truth, in Science and in Law. Brooklyn Law Review 73 (2).score: 21.0
    Abstract: This paper responds to the question posed in the announcement of the conference at Brooklyn Law School at which it was presented: if and how [the inquiry into the reliability of proffered scientific testimony mandated by Daubert] relates to 'truth,' and whose view of the truth should prevail. The first step is to sketch the legal history leading up to Daubert, and to explore some of the difficulties Daubert brought in its wake; the next, to develop an account of (...)
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  46. Susan Haack (2009). Irreconcilable Differences? The Troubled Marriage of Science and Law. Law and Contemporary Problems 72 (1).score: 21.0
    Because its business is to resolve disputed issues, the law very often calls on those fields of science where the pressure of commercial interests is most severe. Because the legal system aspires to handle disputes promptly, the scientific questions to which it seeks answers will often be those for which all the evidence is not yet in. Because of its case-specificity, the legal system often demands answers of a kind science is not well-equipped to supply; and, for related reasons, constitutes (...)
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  47. Leslie P. Francis & John G. Francis (2010). Stateless Crimes, Legitimacy, and International Criminal Law: The Case of Organ Trafficking. [REVIEW] Criminal Law and Philosophy 4 (3):283-295.score: 21.0
    Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide or crimes (...)
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  48. Seth Lazar (2012). The Morality and Law of War. In Andrei Marmor (ed.), Routledge Companion to the Philosophy of Law. Routledge.score: 21.0
    The revisionist critique of conventional just war theory has undoubtedly scored some important victories. Walzer’s elegantly unified defense of combatant legal equality and noncombatant immunity has been seriously undermined. This critical success has not, however, been matched by positive arguments, which when applied to the messy reality of war would deprive states and soldiers of the permission to fight wars that are plausibly thought to be justified. The appeal to law that is sought to resolve this objection by casting it (...)
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  49. H. G. Callaway (2012). Review of Cassese, Five Masters of International Law. [REVIEW] Law and Politics Book Review 22 (1):154-161.score: 21.0
    Focused on five prominent scholars of international law, and casting light on the related institutions which frequently engaged them, the present book provides insight into chief currents of international law during the last decades of the twentieth century. Spanning the gap, in some degree, between Anglo-American and continental approaches to international law, the volume consists of short intellectual portraits, combined with interviews, of selected specialists in international law. The interviews were conducted by the editor, Antonio Cassese, between 1993 and 1995 (...)
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  50. Douglas Husak (2010). Mistake of Law and Culpability. Criminal Law and Philosophy 4 (2):135-159.score: 21.0
    When does a defendant not deserve punishment because he is unaware that his conduct breaches a penal statute? Retributivists must radically rethink their answer to this question to do justice to our moral intuitions. I suggest that modest progress on this topic can be made by modeling our approach to ignorance of law on our familiar approach to ignorance of fact. We need to distinguish different levels of culpability in given mistakes and to differentiate what such mistakes may be about. (...)
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