Search results for 'Effectiveness and validity of law' (try it on Scholar)

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  1. Antony N. Allott (1980). The Limits of Law. Butterworth.score: 672.0
     
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  2. Hannu Tapani Klami (1980). Anti-Legalism: Five Essays in the Finalistic Theory of Law. Turun Yliopisto.score: 672.0
     
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  3. George Pavlakos (2007). Our Knowledge of the Law: Objectivity and Practice in Legal Theory. Hart Pub..score: 642.0
     
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  4. Diarmuid Rossa Phelan (1999). It's God They Should Crucify: Validity and Authority in Law. Four Courts.score: 642.0
     
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  5. Friday N. Ndubuisi (2008). The Question of Validity of Law. Proceedings of the Xxii World Congress of Philosophy 40:61-66.score: 623.0
    Law is a powerful force in human civilization. The growth and stability in society are generally linked with the gradual development of a system of legal rules, in addition to the instruments for their regular and effective enforcement. Law can be used to protect or harm the interest of man. This dimension raises the issue of the ‘validity of law’. The legal positivists posit that law is a ‘moral-neutral’ entity, and once it is enacted by the appropriate authority, it (...)
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  6. Dfm Strauss (2009). Justice, Legal Validity and the Force of Law with Special Reference to Derrida, Dooyeweerd and Habermas. South African Journal of Philosophy 28 (1).score: 610.5
    Philosophy, political philosophy and legal philosophy are all concerned with issues of justice and the validity of law (also known as the force of law ). These two problem areas are discussed against the background of the intersection of traditional theories of natural law and legal positivism, mediated by the contribution of the historical school. In addition the influence of the two neo-Kantian schools of thought (Baden and Marburg) required attention, particularly because certain elements in the thought of Derrida, (...)
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  7. Adela Cortina (2000). Civil Ethics and the Validity of Law. Ethical Theory and Moral Practice 3 (1):39-55.score: 596.3
    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 'civic morals' (...)
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  8. Arundhati Das, Surajit Chattopadhyay & Ujjal Debnath (2012). Validity of the Generalized Second Law of Thermodynamics in the Logamediate and Intermediate Scenarios of the Universe. Foundations of Physics 42 (2):266-283.score: 594.0
    In this work, we have investigated the validity of the generalized second law of thermodynamics in logamediate and intermediate scenarios of the universe bounded by the Hubble, apparent, particle and event horizons using and without using first law of thermodynamics. We have observed that the GSL is valid for Hubble, apparent, particle and event horizons of the universe in the logamediate scenario of the universe using first law and without using first law. Similarly the GSL is valid for all (...)
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  9. Asta Dambrauskaitė (2009). Influence of Impossibility of Performance on the Validity of Legal Transactions – Application of the Rule “impossibilium nulla obligatio est” in Modern Law. Jurisprudence 117 (3):313-337.score: 531.0
    The article deals with the issue of initial impossibility of performance of an obligation and the influence of such impossibility of performance on the validity of the legal transaction that establishes such an obligation. The legal doctrine convincingly demonstrates that for Roman lawyers the rule Impossitionbilium nulla obligatio est merely meant that nobody can be obliged to perform something that cannot be performed; however, it did not necessarily follow that a contract establishing such an obligation was void. Modern civil (...)
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  10. Allen E. Buchanan (2004). Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law. Oxford University Press.score: 510.0
    This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace among states, (...)
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  11. Giorgio Pino (2014). Positivism, Legal Validity, and the Separation of Law and Morals. Ratio Juris 27 (2):190-217.score: 508.5
    The essay discusses the import of the separability thesis both for legal positivism and for contemporary legal practice. First, the place of the separability thesis in legal positivism will be explored, distinguishing between “standard positivism” and “post-Hartian positivism.” Then I will consider various kinds of relations between law and morality that are worthy of jurisprudential interest, and explore, from a positivist point of view, what kind of relations between law and morality must be rejected, what kind of such relations should (...)
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  12. Mathijs Notermans (2014). Social Peace as Conditio Tacita for the Validity of the Positive Legal Order. Law and Philosophy:1-27.score: 480.0
    My article investigates the paradoxical dualism in Kelsen’s Pure Theory of Law, in which exists on the one hand a strict distinction and on the other hand a necessary relation between Is and Ought. I shall further try to answer the question whether Kelsen’s pure theory tacitly assumes in the conditions for validity of the positive legal order a basic value and underlying condition, namely, that of ‘social peace’. In order to answer that question, I will first sketch why (...)
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  13. Alf Ross (1966). Directives and the "Validity" of Law. In Martin P. Golding (ed.), The Nature of Law. New York, Random House.score: 479.3
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  14. Lucinda Vandervort (1987-1988). Mistake of Law and Sexual Assault: Consent and Mens Rea. Canadian Journal of Women and the Law 2 (2):233-309.score: 478.0
    In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather than (...)
     
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  15. Gerhard Seel (2009). How Does Kant Justify the Universal Objective Validity of the Law of Right? International Journal of Philosophical Studies 17 (1):71 – 94.score: 472.5
    Since more than 50 years Kant scholars debate the question whether the Law of Right as introduced in the Metaphysics of Morals by Kant can be justified by the Categorical Imperative. On the one hand we have those who think that Kant's theory of right depends from the Categorical Imperative, on the other hand we find a growing group of scholars who deny this. However, the debate has been flawed by confusion and misunderstanding of the crucial terms and principles. Therefore, (...)
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  16. Abner Greene (2012). Against Obligation: The Multiple Sources of Authority in a Liberal Democracy. Harvard University Press.score: 462.0
    Introduction -- Against political obligation -- Accommodating our plural obligations -- Against interpretive obligation to the past -- Against interpretive obligation to the Supreme Court.
     
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  17. Torben Spaak (1994). The Concept of Legal Competence: An Essay in Conceptual Analysis. Dartmouth Pub. Co..score: 462.0
     
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  18. Anne T. Gallagher (2011). Improving the Effectiveness of the International Law of Human Trafficking: A Vision for the Future of the US Trafficking in Persons Reports. [REVIEW] Human Rights Review 12 (3):381-400.score: 459.0
    In 2000, the United States Congress passed the Victims of Trafficking and Violence Protection Act requiring its State Department to issue annual Trafficking in Persons Reports (TIP Reports) describing “the nature and extent of severe forms of trafficking in persons” and assessing governmental efforts across the world to combat such trafficking against criteria established by US law. This article examines the opportunities and risks presented by the TIP Reports, tracing their evolution over the past decade and considering their impact on (...)
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  19. Robert Alexy (2002). The Argument From Injustice: A Reply to Legal Positivism. Oxford University Press.score: 456.0
    At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law.
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  20. Pierdaniele Giaretta & Giuseppe Spolaore (2012). Validity and Effectiveness of Ambiguity: A Famous Argument by Socrates. [REVIEW] Argumentation 26 (3):393-407.score: 456.0
    An argument can be superficially valid and rhetorically effective even if what is plausibly meant, what is derived from what, and how it is derived is not at all clear. An example of such an argument is provided by Socrates’s famous refutation of Euthyphro’s second definition of holy, which is generally regarded as clearly valid and successful. This paper provides a stricter logical analysis than the ones in the literature. In particular, it is shown that the argument contains a syntactically (...)
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  21. Michael Berk, Felicity Ng, Seetal Dodd, Tom Callaly, Shirley Campbell, Michelle Bernardo & Tom Trauer (2008). The Validity of the CGI Severity and Improvement Scales as Measures of Clinical Effectiveness Suitable for Routine Clinical Use. Journal of Evaluation in Clinical Practice 14 (6):979-983.score: 454.5
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  22. Pablo E. Navarro & José Juan Moreso (1997). Applicability and Effectiveness of Legal Norms. Law and Philosophy 16 (2):201 - 219.score: 450.0
    We analyse the relationship between applicability and effectiveness of legal norms from a philosophical perspective. In particular, we distinguish between two concepts of applicability. The external applicability of norms refers to institutional duties; a norm N is externally applicable if and only if a judge is legally obliged to apply N to some case c. Internal applicability refers instead to the sphere of validity of legal norms. A norm N is internally applicable to actions regulated by its sphere (...)
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  23. E. P. & J. J. (1997). Applicability and Effectiveness of Legal Norms. Law and Philosophy 16 (2):201-219.score: 450.0
    We analyse the relationship between applicability and effectiveness of legal norms from a philosophical perspective. In particular, we distinguish between two concepts of applicability. The external applicability of norms refers to institutional duties; a norm N is externally applicable if and only if a judge is legally obliged to apply N to some case c. Internal applicability refers instead to the sphere of validity of legal norms. A norm N is internally applicable to actions regulated by its sphere (...)
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  24. M. Sellers (1992). The Actual Validity of Law. American Journal of Jurisprudence 37 (1):283-290.score: 447.8
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  25. Andrzej Grabowski (2013). Juristic Concept of the Validity of Statutory Law: A Critique of Contemporary Legal Nonpositivism. Springer.score: 445.5
     
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  26. Carla Rita Palmerino (2010). Experiments, Mathematics, Physical Causes: How Mersenne Came to Doubt the Validity of Galileo's Law of Free Fall. Perspectives on Science 18 (1):pp. 50-76.score: 427.5
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  27. Benno Erdmann (1905). The Content and Validity of the Causal Law. Philosophical Review 14 (2):138-165.score: 427.5
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  28. Ota Weinberger (1999). Legal Validity, Acceptance of Law, Legitimacy. Some Critical Comments and Constructive Proposals. Ratio Juris 12 (4):336-353.score: 427.5
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  29. Luc J. Wintgens (2006). The Fragile Universality of Legalism: Universality of Validity and the Contingency of Law in Rousseau. Rechtstheorie 37 (1):1-28.score: 427.5
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  30. Christopher Mccrudden (1993). The Effectiveness of European Equality Law: National Mechanisms for Enforcing Gender Equality Law in the Light of European Requirements. Oxford Journal of Legal Studies 13 (3):320-367.score: 414.0
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  31. Miguel Álvarez Ortega (2012). Validity, Rule of Recognition and Stability: Revisiting Analytical Concepts From the Law-Morals Connection. Ratio Juris 25 (2):247-262.score: 405.0
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  32. Stephanie Chaban (forthcoming). International Human Rights Law and Domestic Violence: The Effectiveness of International Human Rights Law by Ronagh J.A. McQuigg. Human Rights Review.score: 405.0
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  33. Hans Giger & Walter Barfuss (eds.) (2009). Gedanken Zur Gerechtigkeit: Festschrift für Hans Giger Zum 80. Geburtstag. Stämpfli.score: 402.0
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  34. Hans Giger & Walter Barfuss (eds.) (2009). Gedanken Zur Gerechtigkeit: Festschrift für Hans Giger Zum 80. Stämpfli.score: 402.0
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  35. Jacques Langlois (2009). Misère du Droit. Éditions Edilivre-Aparis.score: 402.0
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  36. Tárek Moysés Moussallem (2005). Revogação Em Matéria Tributária. Editora Noeses.score: 402.0
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  37. Guillaume Tusseau (ed.) (2009). Les Notions Juridiques. Economica.score: 402.0
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  38. Paolo Sandro (2011). An Axiomatic Theory of Law. Res Publica 17 (4):343-354.score: 369.0
    This paper presents in outline Luigi Ferrajoli’s axiomatic and general theory of law, as developed in his lifelong work Principia Iuris . The first section focuses on the three main aspects of the theory: the methodological, the theoretical and the pragmatic, which respectively represent the theory’s syntax, semantics and its pragmatics. Ferrajoli identifies three deontic gaps of norms: firstly, the one between their validity and efficacy ; secondly, the one between their justice and validity ; and finally, and (...)
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  39. Eglė Venckienė (2013). Catholic Social Thought in the Interwar Period in Lithuania: The Image of Social State under the Rule of Law in Socialism. Jurisprudence 20 (2):391-406.score: 369.0
    Social life is changing very fast. People are trying to find out reasons of living in a safe society and understand their role in it. The ‘wrong’ and ‘right‘ models of the social life, state and law systems are appearing. In the XXth century, one of them – socialism – made suggestion how to solve social problems, determinated of capitalism. This work deals with the situation of Lithuanian social thought in the Republic of Lithuania (1900-1940). In the article, the standpoint (...)
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  40. Craig Paterson (2001). The Contribution of Natural Law Theory to Moral and Legal Debate Concerning Suicide, Assisted Suicide and Euthanasia. Universal Publishers.score: 343.0
    Chapter one argues for the important contribution that a natural law based framework can make towards an analysis and assessment of key controversies surrounding the practices of suicide, assisted suicide, and voluntary euthanasia. The second chapter considers a number of historical contributions to the debate. The third chapter takes up the modern context of ideas that have increasingly come to the fore in shaping the 'push' for reform. Particular areas focused upon include the value of human life, the value of (...)
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  41. Ieva Deviatnikovaitė (2013). The Concept of European Administrative Law and the Background of the Development of the Law on Administrative Procedure of the European Union. Jurisprudence 20 (3):1005-1022.score: 337.5
    There are several reasons, according to which it is worth analyzing European administrative law. First, this is a rather new branch of law. Second, the European administrative law is treated in different countries from different legal traditions positions, consequently, any effort to unify the approach to it can provide a basis for a unified European administrative law model. Third, there are no works dedicated to the analysis of the phenomenon of the European administrative law in Lithuania. Therefore, this article deals (...)
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  42. Agnė Vaitkevičiūtė (2011). Member States Liability in Damages for the Breach of European Union Law – Legal Basis and Conditions for Liability. Jurisprudence 18 (1):49-68.score: 333.0
    This article analyses the legal basics of the Member States liability in damages for the breach of European Union law and the conditions for liability. It is emphasized that the Member States liability in damages for the breach of European Union law has three different grounds—one direct legal background (Article 4 of the Treaty of the European Union) and two indirect basics—principles of direct effect and that of effectiveness of European Union law. The author subsequently examines the content of (...)
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  43. José Manuel Aroso Linhares (2012). Law's Cultural Project and the Claim to Universality or the Equivocalities of a Familiar Debate. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (4):489-503.score: 324.0
    Do our present circumstances allow us to defend a specific connection (that specific connection) between «legal rules», «moral claims» and «democratic principles» which we may say is granted by an unproblematic presupposition of universality or by an «acultural» experience of modernity? In order to discuss this question, this paper invokes the challenge-visée of a plausible reinvention of Law’s autonomous project (a reinvention which may be capable of critically re-thinking and re-experiencing Law’s constitutive cultural-civilizational originarium in a «limit-situation» such as our (...)
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  44. Langdon E. Longstreth (1971). Relationship Between Response Learning and Recall of Feedback in Tests of the Law of Effect. Journal of Experimental Psychology 90 (1):149.score: 315.0
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  45. F. L. Goodenough (1933). A Note on Tolman's 'Disproof' of Thorndike's Law of Effect. Journal of Experimental Psychology 16 (3):459-462.score: 308.0
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  46. E. C. Tolman (1933). The Law of Effect: A Reply to Dr. Goodenough. Journal of Experimental Psychology 16 (3):463-470.score: 308.0
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  47. H. Wallach & M. Henle (1941). An Experimental Analysis of the Law of Effect. Journal of Experimental Psychology 28 (4):340.score: 308.0
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  48. Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.score: 306.0
    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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  49. Dayna Nadine Scott (2009). “Gender-Benders”: Sex and Law in the Constitution of Polluted Bodies. [REVIEW] Feminist Legal Studies 17 (3):241-265.score: 304.0
    This paper explores how law might conceive of the injury or harm of endocrine disruption as it applies to an aboriginal community experiencing chronic chemical pollution. The effect of the pollution in this case is not only gendered, but gendering: it seems to be causing the ‘production’ of two girl babies for every boy born on the reserve. This presents an opening to interrogate how law is implicated in the constitution of not just gender but sex. The analysis takes an (...)
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  50. Richard S. Saver (2011). The New Era of Comparative Effectiveness: Will Public Health End Up Left Behind? Journal of Law, Medicine and Ethics 39 (3):437-449.score: 301.5
    The Patient Protection and Affordable Care Act created the nation's first comprehensive comparative effectiveness research (CER) program. According to some optimistic accounts, CER will revolutionize clinical practice and transform the health care delivery system. But what about public health? There are reasons for concern that it could end up left behind in the new era of comparative effectiveness. This article analyzes the considerable promise and serious limitations of applying CER to public health. It also highlights important issues that (...)
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