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

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  1. 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.score: 444.0
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  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 (04):699-703.score: 435.0
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  3. 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.score: 414.0
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  4. David Ingram (2006). Law: Key Concepts in Philosophy. Continuum.score: 390.0
    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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  5. Douglas W. Kmiec (ed.) (2009). The American Constitutional Order: History, Cases, and Philosophy. Lexisnexis Matthew Bender.score: 378.0
    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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  6. John Finnis (2011). Philosophy of Law: Collected Essays Volume Iv. Oup Oxford.score: 345.0
    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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  7. Patricia Smith (ed.) (1993). The Nature and Process of Law: An Introduction to Legal Philosophy. Oxford University Press.score: 345.0
    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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  8. Perry Dane (1996). Constitutional Law and Religion. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers.score: 327.0
    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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  9. John Arthur & William H. Shaw (eds.) (2010). Readings in the Philosophy of Law. Pearson Prentice Hall.score: 300.0
    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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  10. Christopher B. Gray (ed.) (1999). The Philosophy of Law: An Encyclopedia. Garland Pub..score: 279.0
    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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  11. C. J. Thornhill (2006). German Political Philosophy: The Metaphysics of Law. Routledge.score: 279.0
    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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  12. Michel Rosenfeld (2014). Philosophy in Law? A Legal-Philosophical Inquiry. Ratio Juris 27 (1):1-20.score: 267.0
    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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  13. Alan Brudner (2008). Excusing Necessity and Terror: What Criminal Law Can Teach Constitutional Law. [REVIEW] Criminal Law and Philosophy 3 (2):147-166.score: 264.0
    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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  14. Richard Dawson (2014). Justice as Attunement: Transforming Constitutions in Law, Literature, Economics, and the Rest of Life. Routledge.score: 264.0
     
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  15. Larry Alexander (ed.) (1998/2001). Constitutionalism: Philosophical Foundations. Cambridge University Press.score: 261.0
    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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  16. Beau Breslin (2009). From Words to Worlds: Exploring Constitutional Functionality. Johns Hopkins University Press.score: 261.0
    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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  17. Brian E. Butler (2012). Law, Pragmatism and Constitutional Interpretation: From Information Exclusion to Information Production. Pragmatism Today 3 (1):39-57.score: 261.0
    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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  18. Charles W. Collier (2006). Speech and Communication in Law and Philosophy. Legal Theory 12 (1):1-17.score: 261.0
    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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  19. 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.score: 261.0
    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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  20. Howard H. Schweber (2007). The Language of Liberal Constitutionalism. Cambridge University Press.score: 255.0
    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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  21. Anita L. Allen (1996). Constitutional Law and Privacy. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers.score: 246.0
     
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  22. Philip Bobbitt (1996). Constitutional Law and Interpretation. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers.score: 246.0
     
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  23. Maimon Schwarzschild (1996). Constitutional Law and Equality. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers.score: 246.0
  24. Alan Brudner (2007). Constitutional Goods. Oxford University Press.score: 243.0
    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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  25. Michel Rosenfeld (2010). The Identity of the Constitutional Subject: Selfhood, Citizenship, Culture, and Community. Routledge.score: 234.0
    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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  26. Gary J. Jacobsohn (2010). Constitutional Identity. Harvard University Press.score: 234.0
    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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  27. Grant Huscroft & Bradley W. Miller (eds.) (2011). The Challenge of Originalism: Theories of Constitutional Interpretation. Cambridge University Press.score: 234.0
    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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  28. Grant Huscroft & Bradley W. Miller (eds.) (2011). The Challenge of Originalism: Essays in Constitutional Theory. Cambridge University Press.score: 234.0
    Provides an introduction to the development of originalist thought and showcases the great range of contemporary originalist constitutional scholarship.
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  29. Daniel Frost (forthcoming). Getting Into Mischief: On What It Means to Appeal to the U.S. Constitution. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-21.score: 234.0
    In this chapter I seek to rehabilitate and elaborate the so-called “mischief rule” of English law. I begin by interrogating two views of legal and constitutional interpretation which make symmetrical mistakes about legal interpretation: Larry Alexander and Emily Sherwin’s view in Demystifying Legal Reasoning and Jack Balkin’s in Living Originalism. Against these views I argue that the appropriate interpretation of laws is guided by the “mischief” the legislators were trying to remedy when they created the law and by what (...)
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  30. Andrew J. Williams (2010). The Ethos of Europe: Values, Law and Justice in the Eu. Cambridge University Press.score: 228.0
    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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  31. H. G. Callaway (2011). Review of Alison L. LaCroix Ideological Origins of American Federalism. [REVIEW] Law and Politics Book Review 21 (10):619-627.score: 225.0
    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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  32. Oren Ben-Dor (2000). Constitutional Limits and the Public Sphere: A Critical Study of Bentham's Contitutionalism. Hart Pub..score: 225.0
    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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  33. Marco Goldoni & Christopher McCorkindale (eds.) (2012). Hannah Arendt and the Law. Hart Pub.2.score: 225.0
     
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  34. Jeffrey Seitzer (1993). History, Political Practice, and Constitutional Change.score: 225.0
     
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  35. 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.score: 225.0
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  36. Jules L. Coleman & Scott Shapiro (eds.) (2002). The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.score: 224.0
    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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  37. Mark Tushnet (2000). Legal Conventionalism in the U.S. Constitutional Law of Privacy. Social Philosophy and Policy 17 (02):141-.score: 219.0
  38. Thomas Reed Powell (1918). The Logic and Rhetoric of Constitutional Law. Journal of Philosophy, Psychology and Scientific Methods 15 (24):645-658.score: 219.0
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  39. Kenneth Einar Himma (2001). Great Cases in Constitutional Law. Teaching Philosophy 24 (4):401-404.score: 219.0
  40. Heinz Duchhardt (1971). Johann Jakob Moser's Constitutional Law (1701–1785). Philosophy and History 4 (1):103-103.score: 219.0
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  41. Konrad Fuchs (1979). The Protestant Empire and the Old Reich. The Discussion on the Kaiser's Religious Denomination in Politics, Communications and Constitutional Law. Philosophy and History 12 (1):78-79.score: 219.0
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  42. K. E. Himma (2001). Great Cases in Constitutional Law, Edited by Philip L. Quinn and Kevin Meeker. Teaching Philosophy 24 (4):400-403.score: 219.0
     
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  43. James Andreas Manos (2004). SUSAN M. BEHUNIAK is the Francis J. Fallon, SJ Professor of Political Sci-Ence at Le Moyne College. She is the Author of A Caring Jurisprudence: Lis-Tening to Patients at the Supreme Court (Rowman & Littlefield, 1999) and Co-Author with Arthur G. Svenson of Physician-Assisted Suicide: The Anatomy of a Constitutional Law Decision (Rowman & Littlefield, 2003). [REVIEW] Radical Philosophy Review 7 (2):239-240.score: 219.0
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  44. Andrew Halpin (1997). Rights and Law: Analysis and Theory. Distributed in North America by Northwestern University Press.score: 216.0
    Rights have become,in recent years, a significant concern of legal theorists, as well as of those involved in moral and political philosophy. This new book seeks to move a number of debates forward by developing the analysis of rights and focusing upon more general theoretical considerations relating to rights. The book is divided into five parts. The first includes an explanation of the part played by conceptual analysis within jurisprudence, while the second conducts a re-examination of Hohfeld’s analysis of (...)
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  45. Regina Valutytė (2012). Legal Consequences for the Infringement of the Obligation to Make a Reference for a Preliminary Ruling Under Constitutional Law. Jurisprudence 19 (3):1171-1186.score: 216.0
    The article deals with the question whether a state might be held liable for the infringement of constitutional law if its national court of last instance violates the obligation to make a reference for a preliminary ruling to the Court of Justice of the European Union under the conditions laid down in Article 267 of the Treaty on the Functioning of the European Union and developed in the case-law of the Court. Relying on the well-established practice of the European (...)
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  46. Larry Catá Backer (2009). The Mechanics of Perfection : Philosophy, Theology, and the Foundations of American Law. In Francis J. Mootz & William S. Boyd (eds.), On Philosophy in American Law. Cambridge University Press. 44.score: 211.0
    Americans have been obsessed about the mechanics of perfectibility. Perfectibility is built into the constitutive documents of the American Republic. The expression of that perfection is Law, and Government provides the means. The mechanics of perfectibility lies in philosophy and theology. Through these mechanics Americans can discern the spirit of perfection - as God or as the genius of the American community made manifest. The essay considers these notions in the context of two cases, Swift v. Tyson (1842) and (...)
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  47. Aileen Kavanagh & John Oberdiek (eds.) (2009). Arguing About Law. Routledge.score: 210.0
    Arguing about Law introduces philosophy of law in an accessible and engaging way. The reader covers a wide range of topics, from general jurisprudence, law, the state and the individual, to topics in normative legal theory, as well as the theoretical foundations of public and private law. In addition to including many classics, Arguing About Law also includes both non-traditional selections and discussion of timely topical issues like the legal dimension of the war on terror. The editors provide lucid (...)
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  48. Andrew Botterell (2013). Review of Douglas Husak, Philosophy of Criminal Law: Selected Essays. [REVIEW] University of Toronto Law Journal 63 (1):152-158.score: 206.0
    A review of Douglas Husak, Philosophy of Criminal Law: Selected Essays (Oxford University Press, 2010).
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  49. Jan-Erik Lane (2011). Constitutions and Political Theory. Manchester University Press.score: 204.0
    Since constitutional arrangements are what make politics work, they are a central concern of political theory._This book, now completely updated, is the first comprehensive exploration of the political theory of constitutions. Jan-Erik Lane begins by examining the origins and history of constitutionalism and answers key questions such as: What is a constitution? Why are there constitutions? From where does constitutionalism originate? How is the constitutional state related to democracy and justice? Constitutions play a major role in domestic and (...)
     
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  50. Antony Duff (ed.) (1998). Philosophy and the Criminal Law: Principle and Critique. Cambridge University Press.score: 200.0
    Five pre-eminent legal theorists tackle a range of fundamental questions on the nature of the philosophy of criminal law. Their essays explore the extent to which and the ways in which our systems of criminal law can be seen as rational and principled. The essays discuss some of the principles by which, it is often thought, a system of law should be structured, and they ask whether our own systems are genuinely principled or riven by basic contradictions, reflecting deeper (...)
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