Search results for 'Jan Law' (try it on Scholar)

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  1. Alex Law & Jan Law (2002). Magical Urbanism:Walter Benjamin and Utopian Realism in the Film Ratcatcher. Historical Materialism 10 (4):173-211.score: 240.0
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  2. Ana Dinerstein, Mark Bould, Stuart Elden, Ishay Landa, Mike Wayne, Anna Kornbluh, Alex Law, Jan Law & Ben Watson (2002). Brill Online Books and Journals. Historical Materialism 10 (4).score: 240.0
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  3. Frank S. Ravitch (2010). Arie-Jan Kwak (Ed): Holy Writ: Interpreting Law and Religion. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 23 (4):515-518.score: 126.0
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  4. Bruce W. Frier (1983). Jan Willem Tellegen: The Roman Law of Succession in the Letters of Pliny the Younger, 1. Pp. Xiv + 204. Zutphen: Terra, 1982. [REVIEW] The Classical Review 33 (02):340-341.score: 120.0
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  5. Jan C. Joerden (2004). Placebo and Criminal Law. Science and Engineering Ethics 10 (1):65-72.score: 54.0
    This article considers issues concerning cases where the use of placebo is lawful or is not lawful under aspects of German criminal law. It will differentiate between (...)
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  6. Jan Klabbers & Touko Piiparinen (eds.) (2013). Normative Pluralism and International Law: Exploring Global Governance. Cambridge University Press.score: 54.0
    This book addresses conflicts involving how law relates normative orders. The assumption behind the book is that law no longer automatically claims supremacy, but that actors can (...)
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  7. Jan M. Broekman (2007). Trading Signs: Semiotic Practices in Law and Medicine. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 20 (3):223-236.score: 48.0
    Lawyers write, blog and are otherwise producers of words; they structure public life through legal discourse and integrate all issues that reinforce legal reasoning. Even if one (...)
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  8. Jan M. Broekman (1999). A Philosophy of European Union Law. Peeters.score: 48.0
     
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  9. Jan Rothkamm (2008). On the Foundations of Law: Religion, Nature, Morals. Ratio Juris 21 (3):300-311.score: 42.0
    Abstract. The article discusses the importance of three extra-legal sourcesdivine inspiration, natural law, and moralityfor a full understanding and effective application of law. Each source (...)
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  10. Jan M. Brockman (2009). Law in Life, Life in Law : Llewellyn's Legal Realism Revisited. In Francis J. Mootz (ed.), On Philosophy in American Law. Cambridge University Press.score: 42.0
     
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  11. Jan M. Broekman & William A. Pencak (2010). Signs of Law: The Roberta Kevelson Seminar on Law and Semiotics at Penn State University's Dickinson School of Law. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 23 (1):1-1.score: 42.0
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  12. Jan Klabbers & Silke Trommer (2013). Peaceful Coexistence : Normative Pluralism in International Law. In Jan Klabbers & Touko Piiparinen (eds.), Normative Pluralism and International Law: Exploring Global Governance. Cambridge University Press.score: 42.0
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  13. Jan M. Broekman (1996). Intertwinements of Law and Medicine. Leuven University Press.score: 40.0
    PREFACE Ubi bene, ibi patria. The proverb expresses an important feature of this book. 'Being somewhere' necessarily implies an orientation towards ...
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  14. Jan Yun-Hua (1980). Tao, Principle, and Law: The Three Key Concepts in the Yellow Emperor Taoism. Journal of Chinese Philosophy 7 (3):205-228.score: 36.0
  15. Jan-Reinard Sieckmann (1992). Legal System and Practical Reason. On the Structure of a Normative Theory of Law. Ratio Juris 5 (3):288-307.score: 36.0
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  16. Jan Wouters (2000). Perspectives for International Law in the Twenty-First Century. Ethical Perspectives 7 (1):17-23.score: 36.0
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  17. Jan M. Broekman (1975). A Structuralist Approach to the Philosophy of Law. Proceedings of the American Catholic Philosophical Association 49:37-48.score: 36.0
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  18. Bernard S. Jackson (2001). Literal Meaning and Rabbinic Hermeneutics: A Response to Claudio Luzzati and Jan Broekman. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 14 (2):129-141.score: 36.0
    This response to the articles of Luzzati and Broekman (in this issue)addresses principally the character of early rabbinic legalinterpretation, as viewed by the Rabbis themselves. It (...)considers, withexamples, their concept of ``simple meaning'' (peshat), and itsplace within their overall hermeneutic system and its theologicalpresuppositions. The second section responds more briefly to thetheoretical critiques of Luzzati and Broekman, stressing that (myversion of) semiotics is descriptive rather than normative; resists thereduction of textual meaning to interpretation; and refuses to equatedecision-making with justification. I suggest that traces of traditionaltheological positions may be discerned in the normativist positions ofmy interlocutors. (shrink)
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  19. Letetia van der Poll (2012). Anne Wagner and Jan M Broekman (Eds): Prospects of Legal Semiotics. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (2):295-296.score: 36.0
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  20. Jan Harald Alnes (1999). Sense and Basic Law V in Frege's Logicism. Nordic Journal of Philosophical Logic 4:1-30.score: 36.0
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  21. Jan Berg (1970). Review: J. F. Staal, Negation and the Law of Contradiction in Indian Thought: A Comparative Study. [REVIEW] Journal of Symbolic Logic 35 (4):575-575.score: 36.0
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  22. Jan Such (2011). Scientific Law Versus Historical Generalization. An Attempt at an Explication. Poznan Studies in the Philosophy of the Sciences and the Humanities 97 (1):337-350.score: 36.0
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  23. Jan Wouters (2005). Perspectives for International Law in the Twenty-First Century: Chaos or a World Legal Order. Ethical Perspectives 7 (1):17-23.score: 36.0
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  24. Jan M. Broekman (1997). Bioethics and Law. Rechtstheorie 28 (1):1-20.score: 36.0
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  25. Jan M. Broekman (1985). The Minimum Content of Positivism. Positivism in the Law and in Legal Theory. Rechtstheorie 16 (4).score: 36.0
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  26. B. Sharon Byrd, Joachim Hruschka & Jan C. Joerdan (eds.) (1994). Jahrbuck Fur Recht Und Ethik (Annual for Law and Ethics). Duncker & Humblot.score: 36.0
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  27. B. Sharon Byrd & Jan C. Joerdan (eds.) (2005). Philosophica Practica Universalis: Festschrift for Joachim Hruschka, Jahrbuch Fur Recht Und Ethik (Annual Review of Law and Ethics). Duncker & Humblot.score: 36.0
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  28. Jan Deckers (2014). Minimizing Marriage: Marriage, Morality, and the Law by E. Brake, 2012 Oxford, Oxford University Pressx + 256 Pp., £64.00 , £16.99. [REVIEW] Journal of Applied Philosophy 31 (4):442-444.score: 36.0
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  29. Jan Engberg & Anne Lise Kjær (2011). Approaches to Language and the LawSome Introductory Notes. Hermes 46:7-10.score: 36.0
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  30. Jan Hallebeek (2000). Questions of Canon Law Concerning the Election and Consecration of a Bishop for the Church of Utrecht. Bijdragen 61 (1):17-50.score: 36.0
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  31. Fredrik Jörgensen & Jan Svanberg (2009). Legal Self-Efficacy and Managers' Use of Law. Archiv Fuer Rechts-Und Sozialphilosphie 95 (1):79-101.score: 36.0
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  32. Jan Henrik Klement (2012). Common Law Thinking in German Jurisprudence : on Alexy's Principles Theory. In Matthias Klatt (ed.), Institutionalized Reason: The Jurisprudence of Robert Alexy. Oxford University Press.score: 36.0
     
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  33. Jan Krasnowiecki (1960). A Logical Problem in the Law of Mistake as to Person. Philosophical Quarterly 10 (41):313-321.score: 36.0
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  34. Jan-Werner Müller (2003). Myth, Law and Order: Schmitt and Benjamin Readreflections on Violence. History of European Ideas 29 (4):459-473.score: 36.0
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  35. Jan Opsomer (2012). Natural Law (W.) Kullmann Naturgesetz in der Vorstellung der Antike, besonders der Stoa. Eine Begriffsuntersuchung. (Philosophie der Antike 30.) Pp. 189. Stuttgart: Franz Steiner, 2010. Cased, €39. ISBN: 978-3-515-09633-1. [REVIEW] The Classical Review 62 (1):89-91.score: 36.0
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  36. Jan-R. Sieckmann (2009). Reconstructing Relativism. An Analysis of Radbruch's Philosophy of Law. Archiv Fuer Rechts-Und Sozialphilosphie 95 (1):14-27.score: 36.0
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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.score: 27.0
    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 lying in between natural law and legal positivist jurisprudence, we can gain clarity in why their general legal theories seem to fit uncomfortably, if indeed they can be said to fit at all, within so many different camps - while fitting comfortably in no particular camp - as well as highlight what has been overlooked. (shrink)
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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).score: 27.0
    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. David Enoch (2011). Reason-Giving and the Law. In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law. Oxford University Press.score: 27.0
    A spectre is haunting legal positivistsand perhaps jurisprudes more generallythe 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 be normative?[2] This is presumably a problem for any theory of law, but it is especially acute for legal positivism, according to which (roughly speaking) all there is to facts about legality are such descriptive social facts. If this is so, the thought goes, the task of accommodating the laws normativity immediately becomes both more daunting, and more urgent[3]. Unfortunately, though, it is entirely unclear what the problem of the normativity of law is supposed to be. Indeed, I suspect that there is no one problem here, as different people seem to have in mind different problems when they use this unhelpful phrase[4]. At least one family of issues people seem to have in mind when they talk about the normativity of law is a host of issues pertaining to the reason-giving force of the law. The law, it is sometimes said, gives reasons for action, and a theory of law should accommodate this obvious fact. But even when we focus just on questions regarding the reason-giving force of the law (and from now on I will restrict myself to just those, leaving other things people may have in mind when they talk about the normativity of law for another occasion), it is still not clear what the problem is. Indeed, my main purpose in this paper is to make some progress in understanding the relevant question here. And my conclusion is going to be somewhat skeptical: Once we are clear on what reason-giving in general consists in, and on what reason-giving powers the law actually has, there is not much by way of a problem here that needs to be solved, not a deep and interesting phenomenon here that theories of law need to accommodate, and that therefore places adequacy constraints on plausible theories of the nature of law.. (shrink)
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  40. 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.score: 27.0
    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 preventive orders. The paper will assess the implications of these changes for the function of the criminal law, assessing the reasons behind them, and examining whether or not they are to be welcomed. Identifying the larger import of these changes draws attention to the changing relationship between state and citizen as well as changes in the nature of the state itself. These can in turn be attributed to a jostling among the different manifestations of the authoritarian state, the preventive state, and the regulatory state. These changes have profound normative implications for a liberal theory of the criminal law that require its re-articulation and its defence. A modest start may be to insist that where the conduct is criminal and the consequences are punitive the protections of criminal procedure and trial must be upheld. (shrink)
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  41. Seth Lazar (2012). The Morality and Law of War. In Andrei Marmor (ed.), Routledge Companion to the Philosophy of Law. Routledge.score: 27.0
    The revisionist critique of conventional just war theory has undoubtedly scored some important victories. Walzers 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 as a practical concern, a pragmatic worry about implementation, which while germane to debates over the laws of war, need not undermine our convictions in the fundamental principles the revisionists advocate. This response is inadequate. Revisionists have not shown that soldiers should obey the laws of war, in practice, when they conflict with their other moral reasonsour worries about application remain intact. Moreover, a theory of war that offers only an account of the laws of war, and a set of fundamental principles developed in abstraction from feasibility constraints, is radically incomplete. We need to know how to apply those fundamental principles, and whether, when applied, they lead to defensible conclusions. Only two options seem to remain. Perhaps the revisionistsarguments for their chosen fundamental principles are sufficiently compelling that we should stick with them, and accept their troubling conclusionsin other words, accept pacifism. Alternatively, we need to revise our fundamental principles, so that when applied they yield conclusions that we can more confidently endorse. -/- Though it does not save the revisionist view from the responsibility dilemma and cognate objections, the appeal to law does raise an important, and previously inadequately theorized, questionor, rather, resurrects a neglected topic, discussed in depth by historical just war theorists such as Grotius and Vattel. There are good grounds for distinguishing the laws of war from the morality of war, and for adjusting the former to accommodate predictable noncompliance, that should not impact on our account of the latter. Nonetheless, I have argued that there are some profound moral insights underlying both combatant legal equality and noncombatant immunity: specifically, we cannot infer from a combatants side having not satisfied jus ad bellum that he may not justifiably use lethal force; and other things equal, it is more wrongful to harm a nonliable noncombatant than to harm a nonliable combatant. (shrink)
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  42. H. G. Callaway (2012). Review of Cassese, Five Masters of International Law. [REVIEW] Law and Politics Book Review 22 (1):154-161.score: 27.0
    Focused on five prominent scholars of international law, and casting light on the related institutions which frequently engaged them, the present book provides insight into chief currents (...)
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  43. Susan Haack (2008). Of Truth, in Science and in Law. Brooklyn Law Review 73 (2).score: 27.0
    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 (...)
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  44. Anthony Reeves (2014). The Binding Force of Nascent Norms of International Law. Canadian Journal of Law and Jurisprudence 28 (1):145-166.score: 27.0
    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 (...)
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  45. Susan Haack (2009). Irreconcilable Differences? The Troubled Marriage of Science and Law. Law and Contemporary Problems 72 (1).score: 27.0
    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. (...)
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  46. 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.score: 27.0
    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 (...)
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  47. Douglas Husak (2010). Mistake of Law and Culpability. Criminal Law and Philosophy 4 (2):135-159.score: 27.0
    When does a defendant not deserve punishment because he is unaware that his conduct breaches a penal statute? Retributivists must radically rethink their answer to this question (...)
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  48. Despina Dokoupilova (2013). Creating Legal Subjectivity Through Language and the Uses of the Legal Emblem: Children of Law and the Parenthood of the State. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (2):315-339.score: 27.0
    This paper constitutes a critical exploration of the functional features underpinning the unconscious of institutional attachmentnamely an attachment which is understood in terms of the subject-infant (...)s love for his institutional parent-power holder, and the indefinite need for a subject to remain within its infantile condition under the parenthood of the State. We venture beyond the Paternal metaphor and move towards the neglected metaphor of the Mother, so focal in the individual process of identification, assumption of language and the permanent attachment to the space of prohibition and Law. A new position in Language is defined. To understand how the psychic space of the infant is artfully subjugated in the making of the Western culture and domination of the Western system of legal interpretation, an enquiry into the legal emblematic history of representations is necessary to map the process through which the subject learns its legal self and relationship with otherness through what Pierre Legendre coined as the Occidental Mirror and the triangular logic of reflexivity. A final enquiry interrogates the way the legal institution places itself in the position of the specular image that captivates the subject-infant within a procreated legal order, a law-giving and law abiding life starting from the laws of the familial structure reinforced by the role of the parents and by analogy, by the State assuming that role in the institutional life of the ad infinitum infant. (shrink)
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  49. David Dolinko (2012). Review ofCrime and Culpability: A Theory of Criminal Law”. [REVIEW] Criminal Law and Philosophy 6 (1):93-102.score: 27.0
    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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  50. Re'em Segev (forthcoming). Moral Rightness and the Significance of Law: Why, How and When Mistake of Law Matters. University of Toronto Law Journal, Forthcoming.score: 27.0
    The question of whether a mistake of law should negate or mitigate criminal liability is commonly considered to be pertinent to the culpability of the agent, often (...)
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