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

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  1. Clive Parry, J. A. Hopkins, International Law Fund & British Institute of International and Comparative Law (1963). British International Law Cases a Collection of Decisions of Courts in the British Isles on Points of International Law. --. Stevens.
     
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  2.  8
    Donald R. Davis (2006). A Realist View of Hindu Law. Ratio Juris 19 (3):287-313.
    . Hindu law represents one of the least known, yet most sophisticated traditions of legal theory and jurisprudence in world history. Hindu jurisprudential texts contain elaborate and careful philosophical reflections on the nature of law and religion. The nature of Hindu law as a tradition has been subject to some debate and some misunderstanding both within and especially outside of specialist circles. The present essay utilizes the familiar framework of legal realism to describe the fundamental concepts of (...)
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  3.  13
    Donald R. Davis (1999). Recovering the Indigenous Legal Traditions of India: Classical Hindu Law in Practice in Late Medieval Kerala. [REVIEW] Journal of Indian Philosophy 27 (3):159-213.
    The collection of Malayalam records entitled Vanjeri Grandhavari, taken from the archives of an important Namputiri Brahmin family and the temple under its leadership, provides some long-awaited information regarding a wide range of legal activities in late medieval Kerala. The organization of law and the jurisprudence represented by these records bear an unmistakable similarity to legal ideas found in dharmastra texts. A thorough comparison of the records and relevant dharma texts shows that landholding Namputiri Brahmins, who possessed enormous political and (...)
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  4.  3
    Ludo Rocher (1987). Can a Murderer Inherit His Victim's Estate? British Responses to Troublesome Questions in Hindu Law. Journal of the American Oriental Society 107 (1):1-10.
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  5.  9
    Reena Patel (2005). Book Review: Flavia Agnes, Sudhir Chandra and Monmayee Basu (Eds.), Women and Law in India–An Omnibus Comprising Flavia Agnes, Law and Gender Inequality, Sudhir Chandra, Enslaved Daughters and Monmayee Basu, Hindu Women and Marriage Law, New Delhi: OUP, 2004, 766 Pp.,£ 26.95, ISBN: 0 19 5667670. [REVIEW] Feminist Legal Studies 13 (2):259-261.
  6.  32
    Benoy Kumar Sarkar (1920). The Theory of Property, Law, and Social Order in Hindu Political Philosophy. International Journal of Ethics 30 (3):311-325.
  7. Benoy Kumar Sarkar (1920). The Theory of Property, Law, and Social Order in Hindu Political Philosophy. Ethics 30 (3):311.
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  8. Kunja Bihari Panda (1977). Sanātan Dharma and Law: Based on an Extempore Speech. S.N..
     
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  9. Priyanath Sen (1980). The General Principles of Hindu Jurisprudence. Saraswat Library.
     
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  10. J. Duncan M. Derrett, Graham Smith & Günther-Dietz Sontheimer (1979). Beiträge Zu Indischem Rechtsdenken.
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  11. Ujjwala Panse (ed.) (2011). Dharmaśāstra and Human Rights. New Bharatiya Book Corp..
     
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  12. S. K. Purohit (1994). Ancient Indian Legal Philosophy: Its Relevance to Contemporary Jurisprudential Thought. Deep & Deep Publications.
     
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  13.  2
    Jane Krishnadas (2006). The Sexual Subaltern in Conversations “Somewhere in Between”: Law and the Old Politics of Colonialism. [REVIEW] Feminist Legal Studies 14 (1):53-77.
    Ratna Kapur’s recent book entitled Erotic Justice proposes a new politics of postcolonialism whereby the sexual subaltern disrupts the normative principles of the universal, liberal, legal domain. Kapur traces legal strategies regarding censorship, sex-work, homosexuality, sexual harassment, trafficking and migration which travel a treacherous path, countering allegations of ‘unIndian’ and Western practice with cultural histories of ‘authentic’ sexual legitimacies, towards a new politics of desire. Kapur frames her analysis through postcolonial feminist theory as providing a tool for feminist struggle, yet (...)
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  14.  9
    Deepak Sarma (2008). "Hindu" Bioethics? Journal of Law, Medicine & Ethics 36 (1):51-58.
    The author offers a commentary on the question, “Are there Hindu bioethics?” After deconstructing the term “Hindu,” the author shows that there are indeed no Hindu bioethics. He shows that from a classical and Brahminical perspective, medicine is an inappropriate and impure profession.
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  15.  29
    Mikael Aktor (2002). Rules of Untouchability in Ancient and Medieval Law Books: Householders, Competence, and Inauspiciousness. [REVIEW] International Journal of Hindu Studies 6 (3):243-274.
  16.  4
    Ariel Glucklich (2011). Virtue and Happiness in the Law Book of Manu. International Journal of Hindu Studies 15 (2):165-190.
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  17.  7
    Ariel Glucklich (1999). What's in a List?: A Rule of Interpretation for Hindu Dharma Offered in Response to Maria Hibbets. Journal of Religious Ethics 27 (3):463 - 469.
    The study of South Asian ethics presents a variety of problems for the comparative ethicist. This response focuses on one such problem relating to Hinduism: the pervasive use of nonsystematic lists as a source of ethical injunctions and guidelines. The author demonstrates how an indigenous hermeneutic may unpack a list that contains the gift of fearlessness among other gifts. The source of this interpretation is Pūrva Mīmāṃsā, an ancient Indian school of philosophy that specialized in language and the application of (...)
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  18. Deepak Sarma (2008). "Hindu" Bioethics? Journal of Law, Medicine and Ethics 36 (1):51-58.
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  19.  37
    H. L. A. Hart (1994). The Concept of Law. Oxford University Press.
    The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher (...)
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  20. Allen E. Buchanan (2004). Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law. Oxford University Press.
    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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  21.  71
    Jeremy Waldron (1999). Law and Disagreement. Oxford University Press.
    Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle.
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  22. Seth Lazar (2012). The Morality and Law of War. In Andrei Marmor (ed.), Routledge Companion to the Philosophy of Law. Routledge 364.
    The revisionist critique of conventional just war theory has undoubtedly scored some important victories. Walzer’s elegantly unified defense of combatant legal equality and noncombatant immunity has been seriously undermined. This critical success has not, however, been matched by positive arguments, which when applied to the messy reality of war would deprive states and soldiers of the permission to fight wars that are plausibly thought to be justified. The appeal to law that is sought to resolve this objection by casting it (...)
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  23. 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 for (...)
     
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  24.  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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  25. David Enoch (2011). Reason-Giving and the Law. In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law. Oxford University Press
    A spectre is haunting legal positivists – and perhaps jurisprudes more generally – the spectre of the normativity of law. Whatever else law is, it is sometimes said, it is normative, and so whatever else a philosophical account of law accounts for, it should account for the normativity of law[1]. But law is at least partially a social matter, its content at least partially determined by social practices. And how can something social and descriptive in this down-to-earth kind of way (...)
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  26.  36
    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 Leiter’s suggested (...)
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  27. John Gardner (2011). What is Tort Law For? Part 1. The Place of Corrective Justice. Law and Philosophy 30 (1):1-50.
    In this paper I discuss the proposal that the law of torts exists to do justice, more specifically corrective justice, between the parties to a tort case. My aims include clarifying the proposal and defending it against some objections (as well as saving it from some defences that it could do without). Gradually the paper turns to a discussion of the rationale for doing corrective justice. I defend what I call the ‘continuity thesis’ according to which at least part of (...)
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  28. Anthony Reeves (2014). The Binding Force of Nascent Norms of International Law. Canadian Journal of Law and Jurisprudence 28 (1):145-166.
    Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. Nascent norms of (...)
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  29. Andrew Ashworth & Lucia Zedner (2008). Defending the Criminal Law: Reflections on the Changing Character of Crime, Procedure, and Sanctions. Criminal Law and Philosophy 2 (1):21-51.
    Recent years have seen mounting challenge to the model of the criminal trial on the grounds it is not cost-effective, not preventive, not necessary, not appropriate, or not effective. These challenges have led to changes in the scope of the criminal law, in criminal procedure, and in the nature and use of criminal trials. These changes include greater use of diversion, of fixed penalties, of summary trials, of hybrid civil–criminal processes, of strict liability, of incentives to plead guilty, and of (...)
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  30.  57
    Susan Haack (2009). Irreconcilable Differences? The Troubled Marriage of Science and Law. Law and Contemporary Problems 72 (1).
    Because its business is to resolve disputed issues, the law very often calls on those fields of science where the pressure of commercial interests is most severe. Because the legal system aspires to handle disputes promptly, the scientific questions to which it seeks answers will often be those for which all the evidence is not yet in. Because of its case-specificity, the legal system often demands answers of a kind science is not well-equipped to supply; and, for related reasons, constitutes (...)
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  31.  37
    Andrew Botterell (2014). Reconciling the Principled Approach to Hearsay with the Rule of Law. Supreme Court Law Review 65 (2d):145-168.
    My goal in this paper is to argue that the principled approach to hearsay is consistent with the rule of law. I begin by contrasting an instrumental conception of the rule of law with a conception that views the rule of law in primarily normative terms. I then turn my attention to a recent criticism of the Supreme Court of Canada’s principled approach to hearsay and suggest that if Michael Oakeshott’s normative interpretation of the rule of law is adopted, there (...)
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  32.  20
    Miriam Gur-Arye (2012). Human Dignity of “Offenders”: A Limitation on Substantive Criminal Law. [REVIEW] Criminal Law and Philosophy 6 (2):187-205.
    The paper argues for attaching a significant role to the dignity of offenders as a limitation on the scope of substantive criminal law. Three different aspects of human dignity are discussed. Human dignity is closely connected with the principle of culpability. Respecting the dignity of offenders requires that we assign criminal liability according to the actual attitudes of the offenders towards the interests protected by the offence. The doctrine of natural and probable consequence of complicity, which allows us to assign (...)
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  33.  40
    David Dolinko (2012). Review of “Crime and Culpability: A Theory of Criminal Law”. [REVIEW] Criminal Law and Philosophy 6 (1):93-102.
    This is a review of the challenging book in which Larry Alexander and Kimberly Ferzan propose sweeping revisions to the structure of substantive criminal law.
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  34.  38
    Henrique Carvalho (forthcoming). Liberty and Insecurity in the Criminal Law: Lessons From Thomas Hobbes. Criminal Law and Philosophy:1-23.
    In this paper, I provide an extensive examination of the political theory of Thomas Hobbes in order to discuss its relevance to an understanding of contemporary issues and challenges faced by criminal law and criminal justice theory. I start by proposing that a critical analysis of Hobbes’s account of punishment reveals a paradox that not only is fundamental to understanding his model of political society, but also can offer important insights into the preventive turn experienced by advanced liberal legal systems. (...)
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  35.  6
    Adil Ahmad Haque (2014). Law and Morality at War. Criminal Law and Philosophy 8 (1):79-97.
    Through a critical engagement with Jeremy Waldron’s work, as well as the work of other writers, I offer an account of the relative scope of the morality of war, the laws of war, and war crimes. I propose an instrumentalist account of the laws of war, according to which the laws of war should help soldiers conform to the morality of war. The instrumentalist account supports Waldron’s conclusion that the laws of war justifiably prohibit attacks on civilians even if it (...)
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  36.  73
    Kenneth M. Ehrenberg (2013). Law's Authority is Not a Claim to Preemption. In Wilfrid J. Waluchow & Stefan Sciaraffa (eds.), Philosophical Foundations of the Nature of Law. Oxford University Press 51.
    Joseph Raz argues that legal authority includes a claim by the law to replace subjects’ contrary reasons. I reply that this cannot be squared with the existence of choice-of-evils defenses to criminal prosecutions, nor with the view that the law has gaps (which Raz shares). If the function of authority is to get individuals to comply better with reason than they would do if left to their own devices, it would not make sense for law to claim both to pre-empt (...)
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  37. Thom Brooks (2007). Between Natural Law and Legal Positivism: Dworkin and Hegel on Legal Theory. Georgia State University Law Review 23 (3):513-60.
    In this article, I argue that - despite the absence of any clear influence of one theory on the other - the legal theories of Dworkin and Hegel share several similar and, at times, unique positions that join them together within a distinctive school of legal theory, sharing a middle position between natural law and legal positivism. In addition, each theory can help the other in addressing certain internal difficulties. By recognizing both Hegel and Dworkin as proponents of a position (...)
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  38. Robert C. Robinson (2010). The Role of Causation in Decision of Tort Law. Journal of Law, Development and Politics 1 (2).
    Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that the three key concepts are neither necessary, nor sufficient, for tort.
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  39.  61
    Leslie P. Francis & John G. Francis (2010). Stateless Crimes, Legitimacy, and International Criminal Law: The Case of Organ Trafficking. [REVIEW] Criminal Law and Philosophy 4 (3):283-295.
    Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide or crimes (...)
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  40.  89
    Colleen Murphy (2005). Lon Fuller and the Moral Value of the Rule of Law. Law and Philosophy 24 (3):239-262.
    It is often argued that the rule of law is only instrumentally morally valuable, valuable when and to the extent that a legal system is used to purse morally valuable ends. In this paper, I defend Lon Fuller’s view that the rule of law has conditional non-instrumental as well as instrumental moral value. I argue, along Fullerian lines, that the rule of law is conditionally non-instrumentally valuable in virtue of the way a legal system structures political relationships. The rule of (...)
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  41.  72
    Re'em Segev (2006). Justification, Rationality and Mistake: Mistake of Law is No Excuse? It Might Be a Justificaton! Law and Philosophy 25 (1):31-79.
    According to a famous maxim, ignorance or mistake of law is no excuse. This maxim is supposed to represent both the standard and the proper rule of law. In fact, this maxim should be qualified in both respects: ignorance and mistake of law sometimes are, and (perhaps even more often) should be, excused. But this dual qualification only reinforces the fundamental and ubiquitous assumption which underlies the discussions of the subject, namely, that the only ground of exculpation relevant to ignorance (...)
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  42.  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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  43.  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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  44.  23
    Michaela Rehm (2012). Obligation in Rousseau: Making Natural Law History? Jahrbuch für Recht Und Ethik/Annual Review of Law and Ethics 20:139-154.
    Is Rousseau an advocate of natural law or not? The purpose of Rehm’s paper is to suggest a positive answer to this controversially discussed question. On the one hand, Rousseau presents a critical history of traditional natural law theory which in his view is based on flawed suppositions: not upon natural, but on artificial qualities of man, and even rationality and sociability are counted among the latter. On the other hand he presents the self-confident manifesto for a fresh start in (...)
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  45. Joseph Raz (1994). Ethics in the Public Domain: Essays in the Morality of Law and Politics. Oxford University Press.
    In the past twenty years Joseph Raz has consolidated his reputation as one of the most acute, inventive, and energetic scholars currently at work in analytic moral and political theory. This new collection of essays forms a representative selection of his most significant contributions to a number of important debates, including the extent of political duty and obligation, and the issue of self-determination. He also examines aspects of the common (and ancient) theme of the relations between law and morality. This (...)
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  46.  14
    Larry Alexander (2009). Crime and Culpability: A Theory of Criminal Law. Cambridge University Press.
    This book presents a comprehensive overview of what the criminal law would look like if organized around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they ...
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  47.  47
    Katrina L. Sifferd (2006). In Defense of the Use of Commonsense Psychology in the Criminal Law. Law and Philosophy 25 (6):571 - 612.
    The criminal law depends upon 'commonsense' or 'folk' psychology, a seemingly innate theory used by all normal human beings as a means to understand and predict other humans' behavior. This paper discusses two major types of arguments that commonsense psychology is not a true theory of human behavior, and thus should be eliminated and replaced. The paper argues that eliminitivist projects fail to provide evidence that commonsense psychology is a false theory, and argues that there is no need to seek (...)
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  48.  12
    Doris Liebwald (2013). Law's Capacity for Vagueness. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (2):391-423.
    This paper deals with the particularities of vagueness in law. Thereby the question of the law’s capacity for vagueness is closely related to the question of the impact of vagueness in law, since exaggerated vagueness combined with the elasticity of legal interpretation methodology may affect the constitutional principles of legal certainty, the division of powers, and the binding force of statute. To represent vagueness and the instability of legal concepts and rules, a Hyperbola of Meaning is introduced, opposing Heck’s metaphor (...)
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  49.  68
    Susan Haack (2008). Of Truth, in Science and in Law. Brooklyn Law Review 73 (2).
    Abstract: This paper responds to the question posed in the announcement of the conference at Brooklyn Law School at which it was presented: if and how [the inquiry into the reliability of proffered scientific testimony mandated by Daubert] relates to 'truth,' and whose view of the truth should prevail. The first step is to sketch the legal history leading up to Daubert, and to explore some of the difficulties Daubert brought in its wake; the next, to develop an account of (...)
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  50.  45
    Anthony Reeves (2010). The Moral Authority of International Law. APA Newsletter on Philosophy and Law 10 (1):13-18.
    How should international law figure into the practical reasoning of agents who fall under its jurisdiction? How should the existence of an international legal norm regulating some activity affect a subject’s decision-making about that activity? This is a question concerning the general moral authority of international law. It concerns not simply the kind of authority international law claims, but the character of the authority it actually has. An authority, as I will use the term, is moral obligation producing: if x (...)
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