Search results for 'Constitutional law Philosophy' (try it on Scholar)

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  1. F. C. Hutley & International Association for Philosophy of Law and Social Philosophy (1979). Law and the Future of Society a Selection of Papers Presented to the Extraordinary World Congress of the Internat. Assoc. For Philosophy of Law and Social Philosophy , Held in Sydney and Canberra, Australia, on 14-21 August, 1977. [REVIEW]
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  2. Mikael M. International Association for Philosophy of Law and Social Philosophy, Karlsson & Ólafur Páll Jónsson (1995). Law, Justice and the State Nordic Perspectives : Proceedings of the 16th World Congress of the International Association for Philosophy of Law and Social Philosophy , Reykjavík, 26 May-2 June, 1993. [REVIEW]
     
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  3. World Congress on Philosophy of Law and Social Philosophy, Mikael M. Karlsson, Ólafur Páll Jónsson & Eyja Margrét Brynjarsdóttir (1997). Recht, Gerechtigkeit Und der Staat Studien Zu Gerechtigkeit, Demokratie, Nationalität, Nationalen Staaten Und Supranationalen Staaten Aus der Perspektive der Rechtstheorie, der Sozialphilosophie Und der Sozialwissenschaften = Law, Justice, and the State : Studies in Justice, Democracy, Nationality, National States, and Supra-National States From the Standpoints of Legal Theory, Social Philosophy, and Social Science. Monograph Collection (Matt - Pseudo).
     
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  4. Wesley Cragg & International Society for Philosophy of Law and Social Philosophy (1992). Retributivism and its Critics Canadian Section of the International Society for Philosophy of Law and Social Philosophy : Papers of the Special Nordic Conference Held at the University of Toronto, 25-27 June 1990. [REVIEW]
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  5. Roscoe Pound & International Congress of Philosophy (1927). The Part of Philosophy in International Law. [Longmans, Green and Co.].
     
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  6. Michael McDonald (1984). Richard N. Bronaugh, C. Barry Hoffmaster, and Stephen Sharzer, Eds., Readings in the Philosophy of Constitutional Law Reviewed By. [REVIEW] Philosophy in Review 4 (1):8-10.
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  7.  2
    Christopher B. Gray (1983). Readings in the Philosophy of Constitutional Law Richard N. Bronaugh, C. Barry Hoffmaster, Stephen B. Sharzer, Editors Dubuque, IA: Kendall/Hunt Publishing, 1983. Pp. Viii, 272. [REVIEW] Dialogue 22 (4):699-703.
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  8. Robert L. Arrington & Realism Rationalism (2001). Adams, David M." Objectivity, Moral Truth, and Constitutional Doctrine: A Comment on R. George Wright's' Is Natural Law Theory of Any Use in Constitutional Interpretation?'" Southern California Interdisciplinary Law Journal 4 (1995): 489-500. Alexander, Larry, and Ken Kress." Against Legal Principles," in A. Marmor (Ed.), Law and Interpretation: Essays in Legal Philosophy. Oxford: Clarendon Press, 1995. [REVIEW] In Brian Leiter (ed.), Objectivity in Law and Morals. Cambridge University Press 4--331.
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  9.  10
    David Ingram (2006). Law: Key Concepts in Philosophy. Continuum.
    Clear, concise and comprehensive, this is the ideal introduction to the philosophy of law for those studying it for the first time.
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  10. Douglas W. Kmiec (ed.) (2009). The American Constitutional Order: History, Cases, and Philosophy. Lexisnexis Matthew Bender.
    The philosophical and natural law basis of the American order: remote and immediate ancestors -- The declaration and its constitution: linking first principle to necessary means -- A structurally-divided, but workable, government -- A limited government of enumerated power -- A government mindful of dual sovereignty -- A fair government -- A government commitment to freedom -- A government commitment to equality -- A government of imperfect knowledge of inkblots, liberty and life itself.
     
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  11. John Finnis (2011). Philosophy of Law: Collected Essays Volume Iv. OUP Oxford.
    John Finnis has been a central figure in the development of legal philosophy over the past half-century. This volume of his Collected Essays shows the full range and power of his contributions to core problems in the philosophy of law: the foundations of law's authority; legal reasoning; constitutional theory; and the logic of law-making.
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  12. Patricia Smith (ed.) (1993). The Nature and Process of Law: An Introduction to Legal Philosophy. Oxford University Press.
    Unlike other works in philosophy of law, which focus on the nature of law in the abstract, this comprehensive anthology presents law as a "process," part and parcel of a system of government and defined constitutional procedures. Using the U.S. legal system as a model, it establishes the basis of law in political theory, then presents substantive issues in private and public law, illustrated throughout with important political documents and court cases and stimulating readings in history, law, and (...)
     
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  13.  30
    Perry Dane (1996). Constitutional Law and Religion. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers
    This essay on law and religion appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of a similar entry in the book’s first edition. The essay opens by broadly discussing the complex relationships between law and religion writ large as movements in human history – social, cultural, intellectual, and institutional phenomena with distinct but often overlapping logics and concerns. It then hones in on the (...)
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  14. Mark Tushnet (2000). Legal Conventionalism in the U.S. Constitutional Law of Privacy. Social Philosophy and Policy 17 (2):141.
    Drawing on themes important in moral and political philosophy, much of the scholarship on the constitutional law of privacy in the United States distinguishes between privacy understood as a person's control over information and privacy understood as a person's ability to make autonomous decisions. For example, Katz v. United States established the framework for analyzing whether police activity constituted a “search” subject to the Fourth Amendment's requirement that the police either obtain a warrant before conducting a search or (...)
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  15. John Arthur & William H. Shaw (eds.) (2010). Readings in the Philosophy of Law. Pearson Prentice Hall.
    The adversary system and the practice of law -- The rule of law -- The moral force of law -- Statutes -- Precedents -- Constitutional interpretation -- Natural law and legal positivism: classical perspectives -- Formalism and legal realism -- Morality and the law -- International law -- Law and economics -- The justification of punishment -- The rights of defendants -- Sentencing -- Criminal responsibility -- Compensating for private harms: the law of torts -- Private ownership: the law (...)
     
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  16. David Dyzenhaus & Malcolm Thorburn (eds.) (2016). Philosophical Foundations of Constitutional Law. Oxford University Press Uk.
    Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it (...)
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  17.  3
    C. J. Thornhill (2006). German Political Philosophy: The Metaphysics of Law. Routledge.
    From the Reformation to the present, German political philosophy has done much to shape the contours of theoretical debate on politics, law, and the conditions of political legitimacy; many of the most decisive and influential theoretical impulses in European political history have originated in Germany. Until now, there has been no thorough history of German political philosophy available in English. This book offers a synoptic account of the main debates in its evolution. Commencing with the formal reception of (...)
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  18.  21
    Christopher B. Gray (ed.) (1999). The Philosophy of Law: An Encyclopedia. Garland Pub..
    For the first time, full coverage of the intersections of philosophy and law From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophicolegal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: *The modes (...)
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  19.  8
    Michel Rosenfeld (2014). Philosophy in Law? A Legal-Philosophical Inquiry. Ratio Juris 27 (1):1-20.
    Going beyond the debate between positivists and proponents of natural law, there is a controversy over whether there can or ought to be “philosophy in law” (i.e., whether anything within the subject-matter of philosophy can also become part of the subject-matter of law). According to Luhmann's autopoietic theory, law is a normatively closed system and accordingly remains completely independent from philosophy. Dworkin, on the other hand, asserts that constitutional law depends for its coherence and integrity on (...)
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  20. T. R. S. Allan (2003). Constitutional Justice: A Liberal Theory of the Rule of Law. Oxford University Press Uk.
    'The many virtues of Constitutional Justice are evident throughout the piece. The author should be congratulated for even attempting to construct a normative theory of liberal constitutionalism... Constitutional Justice is a work that faithfully carries on the grand tradition of normative legal thought. No small task, and Allan succeeds admirably.' -Law and Politics Book ReviewThis book offers a systematic interpretation of the ideal of the rule of law, arguing that the principles it identifies provide the foundations of a (...)
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  21.  10
    Beau Breslin (2009). From Words to Worlds: Exploring Constitutional Functionality. Johns Hopkins University Press.
    In the 225 years since the United States Constitution was first drafted, no single book has addressed the key questions of what constitutions are designed to do, how they are structured, and why they matter. In From Words to Worlds, constitutional scholar Beau Breslin corrects this glaring oversight, singling out the essential functions that a modern, written constitution must incorporate in order to serve as a nation's fundamental law. Breslin lays out and explains the basic functions of a modern (...)
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  22.  12
    Alan Brudner (2009). Excusing Necessity and Terror: What Criminal Law Can Teach Constitutional Law. [REVIEW] Criminal Law and Philosophy 3 (2):147-166.
    This essay proposes a theory of excuse that, without blending it into exculpation, avoids the condonation of crime. The question it takes up is: given that neither compulsion by circumstances nor by human threats removes the legal reason for punishing, how can its exonerating force be rendered compatible with the state’s general duty to punish the guilty? The chapter criticizes various proposals for reconciling excuse with the duty to punish the guilty, including the moral involuntariness theory, the concession to frailty (...)
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  23. Larry Alexander (ed.) (1998/2001). Constitutionalism: Philosophical Foundations. Cambridge University Press.
    This is the second volume in a sub-series of specially commissioned collaborative volumes on key topics at the heart of contemporary philosophy of law that will be appearing regularly within Cambridge Studies in Philosophy and Law. A distinguished international team of legal theorists examine the issue of constitutionalism and pose such foundational questions as: why have a constitution? How do we know what the constitution of a country really is? How should a constitution be interpreted? Why should one (...)
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  24.  12
    Brian E. Butler (2012). Law, Pragmatism and Constitutional Interpretation: From Information Exclusion to Information Production. Pragmatism Today 3 (1):39-57.
    Through an analysis of the US Supreme Court's case Heller this paper argues that legal process can be pragmatically reconceptualized so as to create information necessary to decide complex social issues. This is in contrast to other more standard conceptions of law as more emphasizing what information ought to be excluded.
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  25.  3
    Charles W. Collier (2006). Speech and Communication in Law and Philosophy. Legal Theory 12 (1):1-17.
    What does mean in constitutional First Amendment law and in ordinary language and the philosophy of language? Under what circumstances does intentional action count as speech? Can communication be unintentional? And what follows (in law) from the fact that almost any action can be made expressive?
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  26. John Finnis (2013). Philosophy of Law: Collected Essays Volume Iv. OUP Oxford.
    John Finnis has been a central figure in the development of legal philosophy over the past half-century. This volume of his Collected Essays shows the full range and power of his contributions to core problems in the philosophy of law: the foundations of law's authority; legal reasoning; constitutional theory; and the logic of law-making.
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  27. Andrew T. Williams (2010). Promoting Justice After Lisbon: Groundwork for a New Philosophy of EU Law. Oxford Journal of Legal Studies 30 (4):663-693.
    The Lisbon Treaty’s ratification is complete. This article makes two related claims, one ethical, the other empirical. First, the EU should now be developed with the aim of making it a (more) just institution; and second, the amendments to the Treaties now introduced provide the constitutional inspiration so that the EU can so develop. In particular, there is a prospect for appropriate standards of justice to be applied in part through a revised philosophy of EU law. The article (...)
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  28.  20
    Howard H. Schweber (2007). The Language of Liberal Constitutionalism. Cambridge University Press.
    This book explores two basic questions regarding constitutional theory. First, in view of a commitment to democratic self-rule and widespread disagreement on questions of value, how is the creation of a legitimate constitutional regime possible? Second, what must be true about a constitution if the regime that it supports is to retain its claim to legitimacy? Howard Schweber shows that the answers to these questions appear in a theory of constitutional language that combines democratic theory with (...) philosophy. The creation of a legitimate constitutional regime depends on a shared commitment to a particular and specialized form of language. Out of this simple observation, Schweber develops arguments about the characteristics of constitutional language, the necessary differences between constitutional language and the language of ordinary law or morality, as well as the authority of officials such as judges to engage in constitutional review of laws. (shrink)
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  29. Anita L. Allen (1996). Constitutional Law and Privacy. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers
     
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  30. Philip Bobbitt (1996). Constitutional Law and Interpretation. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers
     
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  31. Maimon Schwarzschild (1996). Constitutional Law and Equality. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers
     
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  32. Alan Brudner (2007). Constitutional Goods. Oxford University Press.
    This book aims to distil the essentials of liberal constitutionalism from the jurisprudence and practice of contemporary liberal-democratic states. Most constitutional theorists have despaired of a liberal consensus on the fundamental goals of constitutional order. Instead they have contented themselves either with agreement on lower-level principles on which those who disagree on fundamentals may coincidentally converge, or, alternatively with a process for translating fundamental disgreement into acceptable laws. Alan Brudner suggests a conception of fundamental justice that liberals of (...)
     
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  33.  24
    Gary J. Jacobsohn (2010). Constitutional Identity. Harvard University Press.
    The conundrum of the unconstitutional constitution -- The quest for a compelling unity -- The permeability of constitutional borders -- The sounds of silence : militant and acquiescent constitutionalism -- "The first page of the constitution" : family, state, and identity.
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  34.  10
    Grant Huscroft & Bradley W. Miller (eds.) (2011). The Challenge of Originalism: Essays in Constitutional Theory. Cambridge University Press.
    Provides an introduction to the development of originalist thought and showcases the great range of contemporary originalist constitutional scholarship.
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  35.  19
    Grant Huscroft & Bradley W. Miller (eds.) (2011). The Challenge of Originalism: Theories of Constitutional Interpretation. Cambridge University Press.
    The essays in this volume, which includes contributions from the flag bearers of several competing schools of constitutional interpretation, provides an ...
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  36.  55
    Michel Rosenfeld (2010). The Identity of the Constitutional Subject: Selfhood, Citizenship, Culture, and Community. Routledge.
    The constitutional subject : singular, plural or universal? -- The constitutional subject and the clash of self and other : on the uses of negation, metaphor, and metonymy -- Reinventing tradition through constitutional interpretation : the case of unenumerated rights in the United States -- Recasting and reorienting identity through constitution-making : the pivotal case of Spain's 1978 Constitution -- Constitutional models : shaping, nurturing, and guiding the constitutional subject -- Models of constitution making -- (...)
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  37. Jules L. Coleman & Scott Shapiro (eds.) (2002). The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.
    One of the first volumes in the new series of prestigious Oxford Handbooks, The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-seven of the foremost legal theorists currently writing, to provide a state of the art overview of jurisprudential scholarship. Each author presents an account of the contending views and scholarly debates animating their field of enquiry as well as setting the agenda for further study. This landmark publication will be essential reading (...)
     
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  38.  61
    Michael S. Moore (1993). Act and Crime: The Philosophy of Action and its Implications for Criminal Law. Oxford University Press.
    This work provides, for the first time, a unified account of the theory of action presupposed by both British and American criminal law and its underlying morality. It defends the view that human actions are volitionally caused body movements. This theory illuminates three major problems in drafting and implementing criminal law--what the voluntary act requirement does and should require, what complex descriptions of actions prohibited by criminal codes both do and should require, and when the two actions are the "same" (...)
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  39.  70
    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 (...)
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  40.  10
    Andrew J. Williams (2010). The Ethos of Europe: Values, Law and Justice in the Eu. Cambridge University Press.
    Machine generated contents note: 1. Introduction; 2. Peace; 3. Rule of law; 4. Human rights; 5. Democracy; 6. Liberty; 7. The institutional ethos of the EU; 8. Towards the EU as a just institution; 9. Concluding proposals.
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  41.  35
    Mark Greenberg (2011). Naturalism in Epistemology and the Philosophy of Law. Law and Philosophy 30 (4):419-451.
    In this paper, I challenge an influential understanding of naturalization according to which work on traditional problems in the philosophy of law should be replaced with sociological or psychological explanations of how judges decide cases. W.V. Quine famously proposed the ‘naturalization of epistemology’. In a prominent series of papers and a book, Brian Leiter has raised the intriguing idea that Quine’s naturalization of epistemology is a useful model for philosophy of law. I examine Quine’s naturalization of epistemology and (...)
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  42.  13
    Robert J. Araujo (2007). The Role of International Law in US Constitutional Law—A Question That Might Be Posed by John Courtney Murray. Journal of Catholic Social Thought 4 (1):35-58.
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  43. Marco Goldoni & Christopher McCorkindale (eds.) (2012). Hannah Arendt and the Law. Hart Pub.2.
     
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  44.  27
    Danny Priel (2008). The Boundaries of Law and the Purpose of Legal Philosophy. Law and Philosophy 27 (6):643 - 695.
    Many of the current debates in jurisprudence focus on articulating the boundaries of law. In this essay I challenge this approach on two separate grounds. I first argue that if such debates are to be about law, their purported subject, they ought to pay closer attention to the practice. When such attention is taken it turns out that most of the debates on the boundaries of law are probably indeterminate. I show this in particular with regard to the debate between (...)
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  45.  69
    H. G. Callaway (2011). Review of Alison L. LaCroix Ideological Origins of American Federalism. [REVIEW] Law and Politics Book Review 21 (10):619-627.
    Alison L. LaCroix is Assistant Professor of Law at the University of Chicago Law School, where she specializes in legal history, federalism, constitutional law and questions of jurisdiction. She has written a fine, scholarly volume on the intellectual origins of American federalism. LaCroix holds the JD degree (Yale, 1999) and a Ph.D. in history (Harvard, 2007). According to the author, to fully understand the origins of American federalism, we must look beyond the Constitutional Convention of 1787 and range (...)
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  46.  18
    Oren Ben-Dor (2000). Constitutional Limits and the Public Sphere: A Critical Study of Bentham's Contitutionalism. Hart Pub..
    The central intuition that guides the argument of this book is that both the technical and reductionist methodology associated with utilitarianism do not do ...
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  47. Jeffrey Seitzer (1993). History, Political Practice, and Constitutional Change.
     
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  48. Haibo Zhu (2008). Lun Xian Dai Li Xian Zhu Yi de Wen Hua Ji Chu: Li Xing Zhu Yi Yu Zi Ran Fa Zhe Xue = on the Cultural Foundation of the Modern Constitutionalism: Rationalism and Natural Law. Fa Lü Chu Ban She.
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  49.  32
    Maksymilian Del Mar (2011). Concerted Practices and the Presence of Obligations: Joint Action in Competition Law and Social Philosophy. [REVIEW] Law and Philosophy 30 (1):105-140.
    This paper considers whether, and if so how, the modelling of joint action in social philosophy – principally in the work of Margaret Gilbert and Michael Bratman – might assist in understanding and applying the concept of concerted practices in European competition law. More specifically, the paper focuses on a well-known difficulty in the application of that concept, namely, distinguishing between concerted practice and rational or intelligent adaptation in oligopolistic markets. The paper argues that although Bratman’s model of joint (...)
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  50.  1
    Maksymilian Del Mar (2011). Concerted Practices and the Presence of Obligations: Joint Action in Competition Law and Social Philosophy. [REVIEW] Law and Philosophy 30 (1):105 - 140.
    This paper considers whether, and if so how, the modelling of joint action in social philosophy – principally in the work of Margaret Gilbert and Michael Bratman – might assist in understanding and applying the concept of concerted practices in European competition law. More specifically, the paper focuses on a well-known difficulty in the application of that concept, namely, distinguishing between concerted practice and rational or intelligent adaptation in oligopolistic markets. The paper argues that although Bratman's model of joint (...)
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