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

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  1. John Brenkman & Jules David Law (1989). Resetting the Agenda. Critical Inquiry 15 (4):804-811.
    Jacques Derrida offers his recent commentary on the early career of Paul de Man as an urgent intervention in a discussion he fears is going awry. The most pressing danger he sees in the recent revelations is that they have played into the hands of de Man’s antagonists, who are now ready to denounce the whole of his career and even deconstruction itself. Against such indiscriminate critiques Derrida hurls the epithet: totalitarian. He is attempting to reseize the initiative in the (...)
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  2.  9
    Sherene H. Razack (2007). The 'Sharia Law Debate' in Ontario: The Modernity/Premodernity Distinction in Legal Efforts to Protect Women From Culture. [REVIEW] Feminist Legal Studies 15 (1):3-32.
    The normative figure in Western feminism remains the liberal autonomous individual of modernity. ‹Other’ women are those who have their freedom to choose restricted. Typically, ‹other’ women are those burdened by culture and hindered by their communities from entering modernity. If we remain in the terrain of thinking about women as vulnerable or imperilled, and some women as particularly imperilled, as we generally do of Muslim women, we remain squarely within the framework of patriarchy understood as abstracted from all (...)
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  3.  34
    Lukas H. Meyer, Stanley L. Paulson & Thomas Winfried Menko Pogge (eds.) (2003). Rights, Culture, and the Law: Themes From the Legal and Political Philosophy of Joseph Raz. Oxford University Press.
    The volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: Legal positivism and the nature of law, practical reason, authority, the value of equality, incommensurability, harm, group rights, and multiculturalism.
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  4.  25
    James Kern Feibleman (1985). Justice, Law, and Culture. Kluwer Academic, Distributor.
    INTRODUCTION The following pages contain a theory of justice and a theory of law . Justice will be defined as the demand for a system of laws, ...
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  5. Richard A. Falk, Lester Edwin J. Ruiz & R. B. J. Walker (2002). Re-Framing the International Law, Culture, Politics.
     
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  6.  20
    Lawrence Meir Friedman (1990). The Republic of Choice: Law, Authority, and Culture. Harvard University Press.
    Loose, unconnected, free-floating, mobile: this is the modern individual, at least in comparison with the immediate past.
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  7.  4
    Melanie Williams (2004). Margaret Thornton , Romancing the Tomes: Popular Culture, Law and Feminism. Feminist Legal Studies 12 (1):109-111.
  8.  1
    Sofia A. Johan & Dorra Najar (2010). The Role of Corruption, Culture, and Law in Investment Fund Manager Fees. Journal of Business Ethics 95 (2):147 - 172.
    This article considers an international sample of venture capital and private equity funds to assess the role of law, corruption, and culture in setting fund manager fees. With better legal conditions, fixed fees are lower, carried interest fees are higher, clawbacks are less likely, and share distributions are more likely. Countries with lower levels of corruption have lower fixed fees and higher performance fees, and are less likely to have clawbacks and cash-only distributions. Hofstede's measure of power distance is (...)
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  9.  2
    Sofia Johan & Dorra Najar (2011). The Role of Law, Corruption and Culture in Investment Fund Manager Fees. Journal of Business Ethics 95 (2):147-172.
    This paper considers an international sample of venture capital and private equity funds to assess the role of law, corruption and culture in setting fund manager fees in terms of their fixed management fees, carried interest performance fees, clawbacks of fees and cash versus share distributions of fees. The data highlight a role of legal conditions in shaping fees paid to fund managers. In countries with better legal conditions, fixed fees are lower, carried interest fees are higher, clawbacks are (...)
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  10.  14
    Roberta M. Berry, Lisa Bliss, Sylvia Caley, Paul A. Lombardo & Leslie E. Wolf (2013). Recent Developments in Health Care Law: Culture and Controversy. [REVIEW] HEC Forum 25 (1):1-24.
    This article reviews recent developments in health care law, focusing on controversy at the intersection of health care law and culture. The article addresses: emerging issues in federal regulatory oversight of the rapidly developing market in direct-to-consumer genetic testing, including questions about the role of government oversight and professional mediation of consumer choice; continuing controversies surrounding stem cell research and therapies and the implications of these controversies for healthcare institutions; a controversy in India arising at the intersection of abortion (...)
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  11.  2
    Chantal Bouffard, Johane Patenaude & Marie Angèle Grimaud (2006). Workshop Culture, Law and Medicine First International Workshop of Ethnomedical Ethics: Practices at a Glance. Médecine Et Droit 2006:60-63.
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  12.  6
    Abbas Mehregan (2016). Islamo-Arabic Culture and Women’s Law: An Introduction to the Sociology of Women’s Law in Islam. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (2):405-424.
    The present paper addresses the mutual relationship between society and law in shaping women’s law in Islam from the perspective of the sociology of law. It analyzes the role of pre-Islamic social, political, and economic structures in the Arabian Peninsula in modeling women’s law and highlights some customary laws which were rejected or revived and integrated in Islamic jurisprudence. In this regard, the paper reviews issues such as polygyny, rights to inheritance, marriage, the process of testimony and acceptable forms of (...)
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  13.  26
    A. Claire Cutler (2005). Gramsci, Law, and the Culture of Global Capitalism. Critical Review of International Social and Political Philosophy 8 (4):527-542.
    Abstract This essay draws upon Gramsci?s understandings of law and of the philosophy of praxis to develop a critical analysis of international law in the constitution and potential revolutionary transformation of the contemporary global political economy. The analysis illustrates the analytical utility of Gramscian conceptions of historical bloc and hegemony in capturing the significance of international law as an effective historical force. It also extends these conceptions, theoretically, by arguing that the global political economy is undergoing a process of juridification (...)
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  14.  25
    Harvey Wheeler (1999). Francis Bacon's “Verulamium” the Common-Law Template of the Modern in English Science and Culture. Angelaki 4 (1):7 – 26.
    (1999). Francis Bacon's “VERULAMIUM” the common‐law template of the modern in english science and culture. Angelaki: Vol. 4, Judging the law, pp. 7-26.
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  15. Joanne Bagust (2014). The Culture of Bullying in Australian Corporate Law Firms. Legal Ethics 17 (2):177-201.
    Despite the fact that corporate law firms attract some of the most intelligent and productive minds in business today, they have failed to cultivate a workplace that facilitates healthy and balanced lives for their practitioners. Workplace stress in the sector is manifest in a culture which continues to sanction 'rite of passage' work practices which bolster earnings for those at the apex but are proving sickening to many. This culture inhibits basic ethical human interaction based on decency and (...)
     
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  16.  6
    Ronald J. Schmidt (2013). Constituent Moments: Enacting the People in Postrevolutionary America by Jason Frank and Hybrid Constitutions: Challenging Legacies of Law, Privilege and Culture in Colonial America, by Vicki Hsueh. Contemporary Political Theory 12 (1):e10.
    Jason A. Frank, Constituent Moments: Enacting the People in Postrevolutionary America, Duke University Press, ISBN - 9780822346630Vicki Hsueh, Hybrid Constitutions: Challenging Legacies of Law, Privilege and Culture in Colonial America, Duke University Press, ISBN - 9780822346180.
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  17.  1
    Giuseppe Dari-Mattiacci & Carmine Guerriero (2015). Law and Culture: A Theory of Comparative Variation in Bona Fide Purchase Rules. Oxford Journal of Legal Studies 35 (3):543-574.
    A key question in comparative law is why different legal systems provide different legal solutions for the same problem. To answer this question, we use novel comparative evidence on how the conflict between the dispossessed original owner and the bona fide purchaser of a stolen good is resolved in different countries. This is the most primitive manifestation of a fundamental legal choice: the balance between the protection of the owner’s property rights and the enhancement of the buyer’s reliance on contracts. (...)
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  18.  2
    Irene Peirano (2013). Non Subripiendi Causa Sed Palam Mutuandi: Intertextuality and Literary Deviancy Between Law, Rhetoric, and Literature in Roman Imperial Culture. American Journal of Philology 134 (1):83-100.
    This article explores the use of imagery drawn from the legal sphere to describe intertextual relations in Roman culture, drawing attention to the interconnected nature of contemporary debates on ownership and private property in law and literary criticism. Taking as my starting point a remark by Seneca the Elder on Ovid’s “borrowing” of Virgil’s text , I show how the distinction often invoked between legitimate imitation and literary theft is explained by a deep-seated and multi-faceted analogy between literary and (...)
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  19. Bernard J. Coughlin (2012). The Soul of a Nation: Culture, Morality, Law, Education, Faith. Hamilton Books.
    The Soul of a Nation is a series of essays on American society’s culture, morality, law, education, and faith: subjects that confront our society and will be of interest to citizens and scholars who have studied its political drift in recent years.
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  20. Bernard J. Coughlin (2014). The Soul of a Nation: Culture, Morality, Law, Education, Faith. Hamilton Books.
    The Soul of a Nation is a series of essays on American society’s culture, morality, law, education, and faith: subjects that confront our society and will be of interest to citizens and scholars who have studied its political drift in recent years.
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  21. Christian Reus-Smit (2014). International Law and the Mediation of Culture. Ethics and International Affairs 28 (1):65-82.
    When international relations scholars think about international law they either ignore culture or offer highly deterministic accounts of its role. For the majority of scholars, international law is a rational construction, an institutional solution to the problem of order in an anarchical system, a body of rules and practices that reflect the contending interests and capabilities of major states. Issues of culture barely rate a mention. For others, culture is the deep foundation of international law, the structuring (...)
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  22.  7
    Morris Dickstein (ed.) (1998). The Revival of Pragmatism: New Essays on Social Thought, Law, and Culture. Duke University Press.
    This volume of new essays brings together leading philosophers, historians, legal scholars, social thinkers, and literary critics to examine the far-reaching ...
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  23.  19
    Rupa Reddy (2008). Gender, Culture and the Law: Approaches to 'Honour Crimes' in the UK. [REVIEW] Feminist Legal Studies 16 (3):305-321.
    This article examines the debate on whether to analyse ‘honour crimes’ as gender-based violence, or as cultural tradition, and the effects of either stance on protection from and prevention of these crimes. In particular, the article argues that the categorisation of honour-related violence as primarily cultural ignores its position within the wider spectrum of gender violence, and may result in a number of unfortunate side-effects, including lesser protection of the rights of women within minority communities, and the stigmatisation of those (...)
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  24. Sílvo de Macedo (1968). Introduction to the Science of Law as a Culture to the International Commission of Jurists. Maceio? Brazil].
     
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  25. J. W. Harris (1980). Olivecrona on Law and Language the Search for Legal Culture.
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  26. David A. J. Richards (1998). Women, Gays, and the Constitution the Grounds for Feminism and Gay Rights in Culture and Law. Monograph Collection (Matt - Pseudo).
     
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  27. Stephen Carter, William Dean, Jean Bethke Elshtain, Robin W. Lovin & Cornel West (1997). The Culture of Disbelief: How American Law and Politics Trivialize Religious Devotion. Journal of Religious Ethics 25 (2):367-392.
    Recent critics have called attention to the alienation of contemporary academics from broad currents of intellectual activity in public culture. The general complaint is that intellectuals are finding a professional home in institutions of higher learning, insulated from the concerns and interests of a wider reading audience. The demands of professional expertise do not encourage academics to work as public intellectuals or to take up social, literary, or political matters in imaginative and perspicuous ways. More problematic is the relative (...)
     
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  28. Alasdair MacIntyre (2000). Theories of Natural Law in the Culture of Advanced Modernity. In Edward B. McLean (ed.), Common Truths: New Perspectives on Natural Law. Isi Books 91--118.
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  29.  6
    Joseph Raz (1989). The Contemporary Perception of the Centrality of Rights Exemplifies Both the Influence of Locke and the Way Our Moral Ideas Have Been Affected by Our Political Principles. Locke is a Key Figure in the Rise of" Rights" to a Place of Preeminence in Liberal Culture. 2 Natural Law, Having Been Traditionally Understood as the Doctrine of People's Duties. [REVIEW] Law and Philosophy 8:3-21.
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  30.  4
    Robert A. Ferguson (2004). The Dialectic of Liberty: Law and Religion in Anglo-American Culture. Modern Intellectual History 1 (1):27-54.
    The separation of church and state disguised the coordination of two very different conceptions of liberty at work in Revolutionary America, one with a religious basis in radical Protestant thought and the other with a legal basis in the secular Enlightenment. The essay combines the disciplines of law, literature, and intellectual history to investigate these contrasting formulations and their changing relationship. Cross-cultural analysis of the language of protest in both England and America gives the investigation a crucial focus. It also (...)
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  31.  1
    Anthony Musson (2014). Seeing Justice: The Visual Culture of the Law and Lawyers. In Guy Guldentops & Andreas Speer (eds.), Das Gesetz - the Law - la Loi. De Gruyter 711-722.
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  32.  3
    Marinos Diamantides (2000). The Long Way to an Un-Disciplined Literature: Undisciplining Literature: Literature, Law & Culture. Kostas Myrsiades, Linda Myrsiades. Cardozo Studies in Law and Literature 12 (2):293-320.
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  33.  2
    V. Gessner & A. Schade (1990). Conflicts of Culture in Cross-Border Legal Relations: The Conception of a Research Topic in the Sociology of Law. Theory, Culture and Society 7 (2):253-277.
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  34.  2
    C. J. Greenhouse (2014). Unexpected Properties: Strathern on the Relation of Law and Culture. Theory, Culture and Society 31 (2-3):167-184.
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  35. Gerard Bradley (2004). Law and the Culture of Marriage. Notre Dame Journal of Law, Ethics and Public Policy 18 (1):189-218.
     
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  36.  50
    Susan Haack (2008). Putting Philosophy to Work: Inquiry and its Place in Culture: Essays on Science, Religion, Law, Literature, and Life. Prometheus Books.
    Staying for an answer : the untidy process of groping for truth -- The same, only different -- The unity of truth and the plurality of truths -- Coherence, consistency, cogency, congruity, cohesiveness, &c. : remain calm! don't go overboard! -- Not cynicism, but synechism : lessons from classical pragmatism -- Science, economics, "vision" -- The integrity of science : what it means, why it matters -- Scientific secrecy and "spin" : the sad, sleazy story of the trials of remune (...)
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  37. Lukas H. Meyer, Stanley L. Paulson & Thomas W. Pogge (eds.) (2003). Rights, Culture, and the Law: Themes From the Legal and Political Philosophy of Joseph Raz. Oxford University Press Uk.
    The volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: Legal positivism and the nature of law, practical reason, authority, the value of equality, incommensurability, harm, group rights, and multiculturalism. James Griffin and Yael Tamir raise questions concerning Raz's notion of group rights and its application to claims of cultural and political autonomy, while Will Kymlicka and Bernhard Peters examine Raz's theory of multicultural society. Lukas Meyer investigates the (...)
     
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  38. Touko Piiparinen (2013). Law Versus Bureaucratic Culture : The Case of the ICC and the Transcendence of Instrumental Rationality. In Jan Klabbers & Touko Piiparinen (eds.), Normative Pluralism and International Law: Exploring Global Governance. Cambridge University Press
     
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  39. Colin D. Robertson (2010). Vijay K. Bhatia, Christopher N. Candlin and Paola Evangelisti Allori (Eds.): Language, Culture and the Law: The Formulation of Legal Concepts Across Systems and Cultures, Volume 64, Linguistic Insights. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 23 (4):509-514.
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  40. Brian Z. Tamanaha (2009). On the Instrumental View of Law in American Legal Culture. In Francis J. Mootz (ed.), On Philosophy in American Law. Cambridge University Press
     
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  41.  1
    W. M. Ormrod (2003). The Use of English: Language, Law, and Political Culture in Fourteenth-Century England. Speculum 78 (3):750-787.
  42.  7
    Stephen J. Schulhofer (2001). [Book Review] Unwanted Sex, the Culture of Intimidation and the Failure of Law. [REVIEW] Criminal Justice Ethics 20 (1):45-52.
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  43.  6
    Shiraz Dossa (1999). Liberal Legalism: Law, Culture and Identity. The European Legacy 4 (3):73-87.
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  44.  11
    Kenton K. Yee (1997). Coevolution of Law and Culture: A Coevolutionary Games Approach. Complexity 2 (3):4-4.
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  45.  9
    Warwick Neville (1998). Realpolitik: Theology & the Culture of Death: Abortion, Politics and Law in the Australian Capital Territory. Bioethics Research Notes 10 (4):37-39.
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  46.  20
    Z. Bauman (2003). The Killing State: Capital Punishment in Law, Politics and Culture. Contemporary Political Theory 2 (2):255-257.
  47.  12
    Richard Dagger (1994). Michael J. Lacey and Knud Haakonssen, Eds., A Culture of Rights: The Bill of Rights in Philosophy, Politics, and Law—1791 and 1991, Cambridge, Cambridge University Press, 1991, Pp. Viii + 474. [REVIEW] Utilitas 6 (1):157.
  48.  1
    R. Mullender (2003). Tort, Human Rights, and Common Law Culture. Oxford Journal of Legal Studies 23 (2):301-318.
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  49.  11
    Samantha Besson (forthcoming). Democracy, Law and Authority, Review of Lukas Meyer, Stanley Paulson and Thomas Pogge (Eds), Rights, Culture and the Law: Themes From the Legal and Political Philosophy of Joseph Raz. Journal of Moral Philosophy.
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  50.  14
    Christopher Bennett (2003). The Killing State: Capital Punishment in Law, Politics and Culture. Contemporary Political Theory 2 (2):255.
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