Search results for 'Civil law' (try it on Scholar)

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  1. Asta Dambrauskaitė (2010). The Development of Lithuanian Civil Law before and after the Adoption of the Civil Code in 2000 (text only in French). Jurisprudence 121 (3):195-211.score: 90.0
    The article outlines some aspects of the civil law in Lithuania, an Eastern European country, which underwent an essential transformation in the last decades. The author outlines the development of the Lithuanian civil law from the oldest written sources up to the adoption of the new Civil Code of the Republic of Lithuania in 2000. The author is critical about the denomination of Lithuania as a “new” state and draws attention to the history of Lithuanian law, which (...)
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  2. Adela Cortina (2000). Civil Ethics and the Validity of Law. Ethical Theory and Moral Practice 3 (1):39-55.score: 72.0
    This paper aims to clarify the nature and contents of 'civil ethics' and the source of the binding force of its obligations. This ethics should provide the criteria for evaluating the moral validity of social, legal and morally valid law. The article starts with observing that in morally pluralist Western societies civil ethics already exists, and has gradually started to play the role of guiding the law. It is argued that civil ethics should not be conceived as (...)
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  3. Clare Connelly & Kate Cavanagh (2007). Domestic Abuse, Civil Protection Orders and the `New Criminologies': Is There Any Value in Engaging with the Law? Feminist Legal Studies 15 (3):259-287.score: 72.0
    Changes in government policy over the last two decades have seen the traditional goals of criminal justice, namely prosecution and punishment, being replaced by an emphasis on prevention, fear reduction, security and harm reduction. During this time domestic abuse has gained a place on the political agenda, which has resulted in legislative initiatives in the form of civil protection orders across the U.K. which primarily focus on prevention but have also more recently begun to rely on the traditional criminal (...)
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  4. 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: 66.0
    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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  5. Ramūnas Birštonas (2013). Accession as a Mode of Acquisition and Loss of Ownership in the Lithuanian Civil Law. Jurisprudence 20 (3):1081-1094.score: 66.0
    The aim of the article is to answer the question if accession can be maintained as a separate and independent mode of acquisition and loss of ownership in the Lithuanian civil law. Although this mode takes its beginning in the Roman law and is well-known in other European jurisdictions, the situation in Lithuania is less clear because the accession is almost totally absent from the legal texts of the Lithuanian positive civil law, court decisions and legal doctrine as (...)
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  6. P. J. Kelly (1990). Utilitarianism and Distributive Justice: Jeremy Bentham and the Civil Law. Oxford University Press.score: 63.0
    Drawing extensively on Bentham's unpublished civil and distributive law writings, classical and recent Bentham scholarship, and contemporary work in moral and political philosophy, Kelly here presents the first full-length exposition and sympathetic defense of Bentham's unique utilitarian theory of justice. Kelly shows how Bentham developed a moderate welfare-state liberal theory of justice with egalitarian leanings, the aim of which was to secure the material and political conditions of each citizen's pursuit of the good life in cooperation with each other. (...)
     
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  7. Christian Byk (1989). Donum Vitae: Civil Law and Moral Values. Journal of Medicine and Philosophy 14 (5):561-573.score: 60.0
    reminds us that reproductive medicine has become part of our social reality and as such justifies the intervention of public authorities. The Instruction suggests relevant principles which should guide appropriate legislation. This essay analyzes how far the French government has taken these fundamental principles into account. Keywords: IVF-ET, Donum Vitae , civil law, France CiteULike Connotea Del.icio.us What's this?
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  8. Ágost Pulszky (1888/1979). The Theory of Law and Civil Society. Hyperion Press.score: 60.0
  9. Robert Leckey (2013). Two Mothers in Law and Fact. Feminist Legal Studies 21 (1):1-19.score: 54.0
    What is the proper balance between legislative and judicial innovation and between formal and functional family recognition once legislatures have addressed gay men’s and lesbians’ families? In the civil-law jurisdiction of Quebec, legislative reforms allow two women to register as a child’s mothers. But judges have recognized a second mother ‘in fact’ by orders sharing custody where the parties had not used the new legislative channels. Such judicial creativity is reconcilable with the civil law and comparative scholars should (...)
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  10. Salvador Pérez Álvarez (2009). Las tradiciones ideológicas islámicas ante el repudio. Su eficacia civil en el derecho del estado español. 'Ilu. Revista de Ciencias de Las Religiones 13:183-223.score: 54.0
    Sharia is a religious legal system that is based on the divine mandates revealed in the Quram and the Sunna as has been interpreted bu the main Islamic Schools of Law, both Sunni and Shiita. In orden to understand what is at stake, distinctions between the main Islamic traditions in this ground was one of the factors that have led to an imprecise use of terminology of the Quram which refers to the Islamic divorce, that is: the Talaq. Its confusion (...)
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  11. Dr Eugene Schlossberger (1995). Technology and Civil Disobedience: Why Engineers Have a Special Duty to Obey the Law. [REVIEW] Science and Engineering Ethics 1 (2):163-168.score: 54.0
    Engineers have a greater responsibility than many other professionals not to commit civil disobedience in performing their jobs as engineers. It does not follow that engineers have no responsibility for their company’s actions. Morally, engineer may be required to speak out within the company or even publicly against her company. An engineer may be required to work on a project or quit her job. None of these acts, generally, are against the law. An engineer may be morally required to (...)
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  12. Paul Robertshaw (2000). The Jury Between the Civil and the Criminal Law. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 13 (3):251-278.score: 51.0
    This article comprises two case studies of a ``problem'' within the Anglo-Welsh legal process of jury trial. In that tradition, the judge not only instructs on the law to be applied by the jury, s/he also ``summarises'' the evidence after counsel have already done so. This summarising is largely unconstrained by appellate control. The ``problem'' that the two cases present is that they were trials of ``civil'' issues in which the subject matter is also categorised as ``criminal''. Where such (...)
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  13. George F. McLean (ed.) (1975). Philosophy and Civil Law. Office of the National Secretary of the Association, Catholic University of America.score: 51.0
     
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  14. Fred R. Berger (1970). 'Law and Order' and Civil Disobedience. Inquiry 13 (1-4):254 – 273.score: 48.0
    Law and order ranks high among the values the State is thought to achieve. Civil disobedience is often condemned because it is held to threaten law and order. Several senses of 'order' are distinguished, which make clear why 'law' and 'order' are so often linked. It is then argued that the connection cannot always be made since the legal system may itself create disorder. Civil disobedience may contribute to greater order and a more stable legal system by helping (...)
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  15. President Ulysses S. Grant, The Corruption of Civil Rights and Civil Law.score: 48.0
    The effects of the late civil strife have been to free the slave and make him a citizen. Yet he is not possessed of the civil rights which citizenship should carry with it. This is wrong, and should be corrected. To this correction I stand committed, so far as Executive influence can avail.
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  16. Isabelle Rorive (2006). Towards Principles of Overruling in a Civil Law Supreme Court. In J. W. Harris, Timothy Andrew Orville Endicott, Joshua Getzler & Edwin Peel (eds.), Properties of Law: Essays in Honour of Jim Harris. Oxford University Press.score: 48.0
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  17. Ross Harrison (2012). The Equal Extent of Natural and Civil Law. In David Dyzenhaus & Thomas Poole (eds.), Hobbes and the Law. Cambridge University Press.score: 48.0
  18. Rosslyn Ives (2013). Murphy's Law and the Pursuit of Happiness: A History of the Civil Celebrant Movement [Book Review]. Australian Humanist, The 112:23.score: 48.0
    Ives, Rosslyn Review(s) of: Murphy's law and the pursuit of happiness: A history of the civil celebrant movement, by Dally Messenger III, Spectrum Publications, Melbourne 2012. $35 p and p.
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  19. Daniel Lee (2012). Hobbes and the Civil Law : The Use of Roman Law in Hobbes's Civil Science. In David Dyzenhaus & Thomas Poole (eds.), Hobbes and the Law. Cambridge University Press.score: 48.0
  20. Alain Levasseur (2010). Two Hundred (200) Years of Civil Law in English : Louisiana's Lonely Destiny. In Eleanor Cashin-Ritaine, Seán Patrick Donlan & Martin Sychold (eds.), Comparative Law and Hybrid Legal Traditions: Lausanne, 10-11 September 2009. Schulthess.score: 48.0
     
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  21. Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.score: 45.0
    Legitimate authority -- The claims of law -- Legal positivism and the sources of law -- Legal reasons, sources, and gaps -- The identity of legal systems -- The institutional nature of law -- Kelsen's theory of the basic norm -- Legal validity -- The functions of law -- Law and value in adjudication -- The rule of law and its virtue -- The obligation to obey the law -- Respect for law -- A right to dissent? : civil (...)
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  22. Robert E. Goodin (2005). Toward an International Rule of Law: Distinguishing International Law-Breakers From Would-Be Law-Makers. [REVIEW] Journal of Ethics 9 (1-2):225 - 246.score: 45.0
    An interesting fact about customary international law is that the only way you can propose an amendment to it is by breaking it. How can that be differentiated from plain law-breaking? What moral standards might apply to that sort of international conduct? I propose we use ones analogous to the ordinary standards for distinguishing civil disobedients from ordinary law-breakers: would-be law-makers, like civil disobedients, must break the law openly; they must accept the legal consequences of doing so; and (...)
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  23. Gabriella Slomp (2007). Kant Against Hobbes: Reasoning and Rhetoric. Journal of Moral Philosophy 4 (2):207-222.score: 45.0
    This paper aims to offer an analysis of `Against Hobbes', the title of the second section of Kant's essay On the Common Saying: That May be Correct in Theory but is of no Use in Practice. The paper suggests that we should take the title `Against Hobbes' seriously and that Kant meant to target Hobbes as the standard-bearer of the old regime and in particular Hobbes's claim that the Head of state cannot act unjustly against his (...)
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  24. J. J. Burlamaqui (1748/2004). The Principles of Natural Law: In Which the True Systems of Morality and Civil Government Are Established, and the Different Sentiments of Grotius, Hobbes, Puffendorf, Barbeyrac, Locke, Clark, and Hutchinson, Occasionally Considered. Lawbook Exchange.score: 45.0
  25. Richard A. Posner (2004). Law and Economics in Common-Law, Civil-Law, and Developing Nations. Ratio Juris 17 (1):66-79.score: 45.0
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  26. P. J. Kelly (1989). Utilitarianism and Distributive Justice: The Civil Law and the Foundations of Bentham's Economic Thought. Utilitas 1 (01):62-.score: 45.0
  27. Marcelo Gross Villanova (2009). O Problema Das Leis Em Hobbes. Doispontos 6 (3).score: 45.0
    After the question “how could Hobbes write the natural law, if it is nowritten law?” I’ll try to approach the relationship between natural and civil law after the instauration of the commonwealth. In this sense, I’ll pay attention to the hobbesian distinction among “written law” and “written register” of law and a few consequences after this distinction. For example, if, how Hobbes says, the correct interpretation of natural law doesn’t depend on philosophers, but only on the authority of commonwealth, (...)
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  28. Brendan F. Brown (1962). Justice in the Natural and Civil Law. Proceedings of the American Catholic Philosophical Association 36:29-37.score: 45.0
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  29. Gregory A. Kalscheur (2004). John Paul II, John Courtney Murray, and the Relationship Between Civil Law and Moral Law. Journal of Catholic Social Thought 1 (2):231-275.score: 45.0
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  30. Gail Belaief (1965). The Relation Between Civil Law and a Higher Law. The Monist 49 (3):504-518.score: 45.0
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  31. Morris R. Cohen (1916). "Real" and "Ideal" Forces in Civil Law. International Journal of Ethics 26 (3):347-358.score: 45.0
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  32. Abraham Edel (1975). Philosophy and Civil Law. Proceedings of the American Catholic Philosophical Association 49:150-163.score: 45.0
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  33. Leonor Moral Soriano (1998). The Use of Precedents as Arguments of Authority, Arguments Ab Exemplo, and Arguments of Reason in Civil Law Systems. Ratio Juris 11 (1):90-102.score: 45.0
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  34. W. F. W. (1911). Trichotomy in Roman Law Trichotomy in Roman Law. By Henry Goudy, D.C.L., Regius Professor of Civil Law in the Univeristy of Oxford. Oxford: Clarendon Press, 1910. [REVIEW] The Classical Review 25 (06):185-186.score: 45.0
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  35. Gail Belaief (1969). On the Evaluation of Civil Law. Philosophy Today 13 (3):231-239.score: 45.0
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  36. William T. Blackstone (1975). Philosophy and Civil Law. Proceedings of the American Catholic Philosophical Association 49:218-227.score: 45.0
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  37. Boyle Jr (1975). Philosophy and Civil Law. Proceedings of the American Catholic Philosophical Association 49:82-95.score: 45.0
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  38. John Callaghan (1992). Utilitarianism and Distributive Justice: Jeremy Bentham and the Civil Law. History of European Ideas 14 (5):739-742.score: 45.0
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  39. Joanne Conaghan (1999). Enhancing Civil Remedies for (Sexual) Harassment: S.3 of the Protection From Harassment Act 1997. [REVIEW] Feminist Legal Studies 7 (2):203-214.score: 45.0
    This commentary explores the scope and content of the Protection from Harassment Act, recently introduced in the UK, focusing in particular on s.3 which creates a civil cause of action for harassment. The author considers the strategic possibilities for feminists concerned with enhancing remedies for sexual harassment as well as the drawbacks of the Act, particularly its capacity to be deployed in a wide range of contexts not all of which necessarily promote justice or enhance civil and political (...)
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  40. Ross Cranston (2006). How Law Works: The Machinery and Impact of Civil Justice. Oxford University Press.score: 45.0
    This book looks at the civil justice system - the courts and what they do; legal aid and other methods of providing access to justice; lawyers and their conduct; and the role of legal procedure. It also looks at the impact the civil justice system has on wider society, and its relationship with economics and commercial development. The book is largely focussed on Britain, but includes material from the USA, the Indian sub-continent, south-east Asia, and Aboriginal society in (...)
     
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  41. Richard T. De George (1975). Philosophy and Civil Law. Proceedings of the American Catholic Philosophical Association 49:171-180.score: 45.0
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  42. Wilfrid Desan (1975). Philosophy and Civil Law. Proceedings of the American Catholic Philosophical Association 49:49-58.score: 45.0
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  43. Jude P. Dougherty (1975). Philosophy and Civil Law. Proceedings of the American Catholic Philosophical Association 49:1-12.score: 45.0
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  44. David Fraser (1986). Born in the USA: The Civil Law Theory of Mitchell Franklin. Telos 1986 (70):41-52.score: 45.0
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  45. James T. King (1975). Philosophy and Civil Law. Proceedings of the American Catholic Philosophical Association 49:116-124.score: 45.0
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  46. Pierre Legrand (1987). Taking Another Look At French Civil Law. Oxford Journal of Legal Studies 7 (1):136-144.score: 45.0
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  47. John U. Lewis (1975). Philosophy and Civil Law. Proceedings of the American Catholic Philosophical Association 49:106-115.score: 45.0
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  48. Gerald A. McCool (1975). Philosophy and Civil Law. Proceedings of the American Catholic Philosophical Association 49:13-23.score: 45.0
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  49. Lisa H. Newton (1975). Philosophy and Civil Law. Proceedings of the American Catholic Philosophical Association 49:208-217.score: 45.0
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  50. Herbert C. Noonan (1937). The Natural Law and the Civil Law. The Modern Schoolman 14 (2):35-37.score: 45.0
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