Search results for 'Jurisprudence History' (try it on Scholar)

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  1. Naomi Choi (2007). Interpretivism in Jurisprudence: What Difference Does the Philosophy of History Make to the Philosophy of Law? Journal of the Philosophy of History 1 (3):365-393.score: 57.0
    To answer the question of what difference the philosophy of history makes to the philosophy of law this paper begins by calling attention to the way that Ronald Dworkin's interpretive theory of law is supposed to upend legal positivism. My analysis shows how divergent theories about what law and the basis of legal authority is are supported by divergent points of view about what concepts are, how they operate within social practices, and how we might best give account of (...)
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  2. David J. Rothman (2003/2008). Strangers at the Bedside: A History of How Law and Bioethics Transformed Medical Decision Making. Aldinetransaction.score: 39.0
    Introduction: making the invisible visible -- The nobility of the material -- Research at war -- The guilded age of research -- The doctor as whistle-blower -- New rules for the laboratory -- Bedside ethics -- The doctor as stranger -- Life through death -- Commissioning ethics -- No one to trust -- New rules for the bedside -- Epilogue: The price of success.
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  3. A. Beitzinger (1975). The Place of Hume in the History of Jurisprudence. American Journal of Jurisprudence 20 (1):20-37.score: 39.0
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  4. A. -H. Chroust (1981). A Summary of the Main Achievements of the Spanish Jurist-Theologians in the History of Jurisprudence. American Journal of Jurisprudence 26 (1):112-124.score: 39.0
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  5. Julian H. Franklin (1977). Jean Bodin and the Sixteenth-Century Revolution in the Methodology of Law and History. Greenwood Press.score: 39.0
     
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  6. Roger Cotterrell (1989/1992). The Politics of Jurisprudence: A Critical Introduction to Legal Philosophy. University of Pennsylvania Press.score: 36.0
    Selected by Choice magazine as an Outstanding Academic Title In The Politics of Jurisprudence, Roger Cotterrell offers a concise introduction to and commentary ...
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  7. S. B. R. J. (1915). History of Roman Private Law. Part II : Jurisprudence. By E. C. Clark, LL.D. 2 Vols. Pp. Xiv + 802. Cambridge: University Press, 1914. Price 21s. Net. [REVIEW] The Classical Review 29 (03):92-93.score: 36.0
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  8. Martin J. Schermaier (2009). Res Communes Omnium: The History of an Idea From Greek Philosophy to Grotian Jurisprudence. Grotiana 30 (1):20-48.score: 36.0
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  9. Roger Stuart Berkowitz (2005/2010). The Gift of Science: Leibniz and the Modern Legal Tradition. Harvard University Press.score: 33.0
    Beyond geometry : Leibniz and the science of law -- The force of law : will -- Leibniz's systema iuris -- From the gesetzbuch to the landrecht : the ALR and the triumph of legality -- The rule of law : the Crown Prince lectures and the grounding of legality in order and security -- From reason to history : Savigny's system and the rise of social legal science -- The Bürgerliches Gesetzbuch (BGB) of 1900 : positive legal science (...)
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  10. Daniel N. Robinson (1996). Wild Beasts and Idle Humours: The Insanity Defense From Antiquity to the Present. Harvard Univ. Press.score: 33.0
    "An American psychologist, Daniel N. Robinson, traces the development of the insanity plea...[He offers] an assured historical survey." Roy Porter, The Times [UK] "Wild Beasts and Idle Humours is truly unique. It synthesizes material that I do not believe has ever been considered in this context, and links up the historical past with contemporaneous values and politics. Robinson effortlessly weaves religious history, literary history, medical history, and political history, and demonstrates how the insanity defense cannot be (...)
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  11. Roger Simonds (1995). Rational Individualism: The Perennial Philosophy of Legal Interpretation. Rodopi.score: 33.0
    Since this book is a cross-disciplinary study in philosophy and legal history, it may present some problems for readers who come to it with strong interests ...
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  12. Richard Wooddeson (1783/1979). Elements of Jurisprudence Treated of in the Preliminary Part of a Course of Lectures on the Laws of England. F. B. Rothman.score: 33.0
    The six lectures contained in this volume were originally delivered as the "Preliminary Discourses" to the Vinerian Lectures which were begun at Oxford in 1777.
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  13. S. N. Dhyani (1985). Jurisprudence, a Study of Indian Legal Theory. Metropolitan Book Co..score: 33.0
     
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  14. Rosemary Hunter, Richard Ingleby & Richard Johnstone (eds.) (1995). Thinking About Law: Perspectives on the History, Philosophy, and Sociology of Law. Allen & Unwin.score: 33.0
     
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  15. Wilfrid E. Rumble (2004). Doing Austin Justice: The Reception of John Austin's Philosophy of Law in Nineteenth-Century England. Continuum.score: 30.0
    There is not one John Austin, but at least half-a-dozen.
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  16. Mindaugas Maksimaitis (2013). The Granary of Legal Thought. Dedicated to the 20th Anniversary of “Jurisprudence”. Jurisprudence 20 (3):801-840.score: 30.0
    The article describes the history of Mykolas Romeris University periodical science journal “Jurisprudence”. The principal characteristics describing “Jurisprudence” as well as the content of the journal are discussed in the article. The “Jurisprudence” of today is a modern tribune that helps the scientists of Mykolas Romeris University and other educational institutions as well as the scientists of foreign countries to present to the society the findings of various scientific works in the sphere of research of fundamental (...)
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  17. Chester R. Burns (ed.) (1977). Legacies in Law and Medicine. Science History Publications.score: 30.0
     
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  18. Christian Dessau (2008). Nationale Aspekte Einer Transnationalen Disziplin: Zur Rechtskulturellen Einbettung der Rechtstheorie in Finnland, Schweden Und Deutschland Zwischen 1960 Und 1990. Duncker & Humblot.score: 30.0
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  19. Sionaidh Douglas-Scott (2013). Law After Modernity. Hart Pub..score: 30.0
    Introduction : beyond the "degree zero" of law after modernity -- Autonomous law or redundant law? : the elusive nature of legal theory -- Law as system : the missing multidimensionality of law -- Reconfiguring the legal landscape : the sojourn of legal pluralism -- The injustice of law after modernity -- Law, justice and injustice -- Legal justice I : "maimed justice" and the rule of law -- Legal justice II : reclaiming the rule of law from its "dark (...)
     
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  20. Tetsuya Toyoda (2011). Theory and Politics of the Law of Nations: Political Bias in International Law Discourse of Seven German Court Councilors in the Seventeenth and Eighteenth Centuries. M. Nijhoff Pub..score: 30.0
    Emergence of the modern science of international law is usually attributed to Grotius and other somewhat heroic ‘founders of international law.’ This book offers a more worldly explanation why it was developed mostly by German writers ...
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  21. Marcela Varejão (2005). Il Positivismo Dall'italia Al Brasile: Sociologia Del Diritto, Giuristi E Legislazione (1822-1935). Giuffrè.score: 30.0
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  22. Veit Ludwig von Seckendorf (1691/2006). Teutsche Reden Und Entwurff von Dem Allgemeinen Oder Natürlichen Recht Nach Anleitung der Bücher Hugo Grotius' (1691). Niemeyer.score: 30.0
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  23. Neil McArthur (2005). David Hume and the Common Law of England. Journal of Scottish Philosophy 3 (1):67-82.score: 27.0
    David Hume’s legal theory has normally been interpreted as bearing close affinities to the English common law theory of jurisprudence. I argue that this is not accurate. For Hume, it is the nature and functioning of a country’s legal system, not the provenance of that system, that provides the foundation of its authority. He judges government by its ability to protect property in a reliable and equitable way. His positions on the role of equity in the law, on artificial (...)
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  24. Knud Haakonssen (1981). The Science of a Legislator: The Natural Jurisprudence of David Hume and Adam Smith. Cambridge University Press.score: 27.0
    Combining the methods of the modern philosopher with those of the historian of ideas, Knud Haakonssen presents an interpretation of the philosophy of law which Adam Smith developed out of - and partly in response to - David Hume's theory of justice. While acknowledging that the influences on Smith were many and various, Dr Haakonssen suggests that the decisive philosophical one was Hume's analysis of justice in A Treatise of Human Nature and the second Enquiry. He therefore begins with a (...)
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  25. Hyman Gross & Ross Harrison (eds.) (1992). Jurisprudence: Cambridge Essays. Oxford University Press.score: 27.0
    Each of the essays included in this volume illuminates an aspect of law, reflecting an unorthodox perception of jurisprudence which combines interests in philosophy, legal theory, criminology, legal history, political and constitutional theory and the history of ideas. This work will broaden the jurisprudential scope of practitioners' professional concerns, but help academics enhance their knowledge of the wealth of information for their own studies.
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  26. Paul Franco & Leslie Marsh (eds.) (2012). A Companion to Michael Oakeshott. Penn State.score: 27.0
    Michael Oakeshott has long been recognized as one of the most important political philosophers of the twentieth century, but until now no single volume has been able to examine all the facets of his wide-ranging philosophy with sufficient depth, expertise, and authority. The essays collected here cover all aspects of Oakeshott’s thought, from his theory of knowledge and philosophies of history, religion, art, and education to his reflections on morality, politics, and law. The volume provides an authoritative and synoptic (...)
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  27. Shaun McVeigh (ed.) (2006). Jurisprudence of Jurisdiction. Routledge-Cavendish.score: 27.0
    For much of the history of the western legal order, the question of jurisdiction - the question of the power and authority of law - has been the first question of law. This book investigates the difference that jurisdiction continues to make to the ordering of normative existence. It also follows the speculation that without an account of jurisdiction, jurisprudence would be left speechless, left with no power to address the conditions of attachment to legal and political order. (...)
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  28. David Saunders & Ian Hunter (2003). Bringing the State to England: Andrew Tooke's Translation of Samuel Pufendorf's 'De Officio Hominis Et Civis'. History of Political Thought 24 (2):218-234.score: 27.0
    Andrew Tooke's 1691 English translation of Samuel Pufendorf's De officio hominis et civis, published as The Whole Duty of Man According to the Law of Nature, brought Pufendorf's manual fo statist natural law into English politics at a moment of temporary equilibrium in the unfinished contest between Crown and Parliament for the rights and powers of sovereignty. Drawing on the authors' re-edition of The Whole Duty of Man, this article describes and analyses a telling instance of how--by translation--the core political (...)
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  29. Ralph Abraham Newman (ed.) (1962). Essays in Jurisprudence in Honor of Roscoe Pound. Indianapolis, Bobbs-Merrill.score: 27.0
    The foundations of law. The digest title, De diversis regulis iuris antiqui, and the general principles of law, by P. Stein. Equity in Chinese customary law, by W. Y. Tsao. Prolegomena to the theory and history of Jewish law, by H. Cohn. Juridical evolution and equity, by J.P. Brutau. Reflections on the sources of the law, by P. Lepaulle. The true nature and province of jurisprudence from the viewpoint of Indian philosophy, by M.J. Sethna. On the functions and (...)
     
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  30. Teemu Ruskola (2013). Legal Orientalism: China, the United States, and Modern Law. Harvard University Press.score: 27.0
    Legal orientalism -- Making legal and unlegal subjects in history -- Telling stories about corporations and kinship -- Canton is not Boston -- The District of China is not the District of Columbia -- Colonialism without colonies.
     
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  31. Richard A. Posner (2001). Frontiers of Legal Theory. Harvard University Press.score: 24.0
    The book carries on Posner's project of analyzing the law as an institution of social governance.
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  32. Mihail Albici (2005). Despre Drept Și Stiința Dreptului. Editura All Beck.score: 24.0
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  33. Morgan O. Evans (1896/1981). Theories and Criticisms of Sir Henry Maine. F.B. Rothman.score: 24.0
     
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  34. Alirio Gómez Lobo & Oscar Delgado (eds.) (2006). Ideas Políticas Filosofía y Derecho: El Maestro: Liber Amicorum En Homenaje a Alirio Gómez Lobo. Editorial Universidad Del Rosario.score: 24.0
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  35. Adolf Laufs & Bernd-Rüdiger Kern (eds.) (2006). Humaniora: Medizin - Recht - Geschichte: Festschrift für Adolf Laufs Zum 70. Geburtstag. Springer.score: 24.0
    Womit beschäftigt sich die medizinische Wissenschaft? Ich verstehe ja natürlich nichts davon, aber sie beschäftigt sich doch mit dem Menschen. Und die Juristerei, die Gesetzgebung und Rechtsprechung? Auch mit dem Menschen.
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  36. Kanetomo Tanaka (1949). Hōgaku Gairon.score: 24.0
     
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  37. Pauline Kleingeld (1999). Kant, History, and the Idea of Moral Development. History of Philosophy Quarterly 16 (1):59-80.score: 21.0
    I examine the consistency of Kant's notion of moral progress as found in his philosophy of history. To many commentators, Kant's very idea of moral development has seemed inconsistent with basic tenets of his critical philosophy. This idea has seemed incompatible with his claims that the moral law is unconditionally and universally valid, that moral agency is noumenal and atemporal, and that all humans are equally free. Against these charges, I argue not only that Kant's notion of moral development (...)
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  38. Lorenz Krüger, Thomas Sturm, Wolfgang Carl & Lorraine Daston (eds.) (2005). Why Does History Matter to Philosophy and the Sciences? Walter DeGruyter.score: 21.0
    What are the relationships between philosophy and the history of philosophy, the history of science and the philosophy of science? This selection of essays by Lorenz Krüger (1932-1994) presents exemplary studies on the philosophy of John Locke and Immanuel Kant, on the history of physics and on the scope and limitations of scientific explanation, and a realistic understanding of science and truth. In his treatment of leading currents in 20th century philosophy, Krüger presents new and original arguments (...)
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  39. Alix A. Cohen (2008). Kant's Biological Conception of History. Journal of the Philosophy of History 2 (1):1-28.score: 21.0
    The aim of this paper is to argue that Kant's philosophy of biology has crucial implications for our understanding of his philosophy of history, and that overlooking these implications leads to a fundamental misconstruction of his views. More precisely, I will show that Kant's philosophy of history is modelled on his philosophy of biology due to the fact that the development of the human species shares a number of peculiar features with the functioning of organisms, these features entailing (...)
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  40. Joseph Margolis (2011). Toward a Theory of Human History. Journal of the Philosophy of History 4 (3-4):245-273.score: 21.0
    I show the sense in which the concept of history as a human science affects our theory of the natural sciences and, therefore, our theory of the unity of the physical and human sciences. The argument proceeds by way of reviewing the effect of the Darwinian contribution regarding teleologism and of post-Darwinian paleonanthropology on the transformation of the primate members of Homo sapiens into societies of historied selves. The strategy provides a novel way of recovering the unity of the (...)
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  41. Noel Carroll (2012). History and the Philosophy of Art. Journal of the Philosophy of History 5 (3):370-382.score: 21.0
    Abstract In this essay I trace the role of history in the philosophy of art from the early twentieth century to the present, beginning with the rejection of history by formalists like Clive Bell. I then attempt to show how the arguments of people like Morris Weitz and Arthur Danto led to a re-appreciation of history by philosophers of art such as Richard Wollheim, Jerrold Levinson, Robert Stecker and others.
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  42. Carl Hammer (2008). Explication, Explanation, and History. History and Theory 47 (2):183–199.score: 21.0
    To date, no satisfactory account of the connection between natural-scientific and historical explanation has been given, and philosophers seem to have largely given up on the problem. This paper is an attempt to resolve this old issue and to sort out and clarify some areas of historical explanation by developing and applying a method that will be called “pragmatic explication” involving the construction of definitions that are justified on pragmatic grounds. Explanations in general can be divided into “dynamic” and “static” (...)
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  43. Brian Leiter, In Praise of Realism (and Against 'Nonsense' Jurisprudence).score: 21.0
    Ronald Dworkin describes an approach to how courts should decide cases that he associates with Judge Richard Posner as a Chicago School of anti-theoretical, no-nonsense jurisprudence. Since Professor Dworkin takes his own view of adjudication to be diametrically opposed to that of the Chicago School, it might seem fair, then, to describe Dworkin's own theory as an instance of pro-theoretical, nonsense jurisprudence. That characterization is not one, needless to say, that Professor Dworkin welcomes. Dworkin describes his preferred approach (...)
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  44. Anthony Burns (2011). Conceptual History and the Philosophy of the Later Wittgenstein: A Critique of Quentin Skinners Contextualist Method. Journal of the Philosophy of History 5 (1):54-83.score: 21.0
    Although first published in 1969, the methodological views advanced in Quentin Skinner's “Meaning and Understanding in the History of Ideas” remain relevant today. In his article Skinner suggests that it would be inappropriate to even attempt to write the history of any idea or concept. In support of this view, Skinner advances two arguments, one derived from the philosophy of the later Wittgenstein and the other from that of J. L. Austin. In this paper I focus on the (...)
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  45. David Carr (2009). Experience, Temporality and History. Journal of the Philosophy of History 3 (4):335-354.score: 21.0
    Philosophers' reflections on history have been dominated for decades by two themes: representation and memory. On both of these accounts, historical inquiry is divided by a certain gap from what it seeks to find or wants to know, and its activity is seen by philosophers as that of bridging this gap. Against this background, the concept of experience, in spite of its apparent rootedness in the present, can be revived as a means of thinking about our connection to the (...)
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  46. Jeff Malpas (2011). Truth, Narrative, and the Materiality of Memory: An Externalist Approach in the Philosophy of History. Journal of the Philosophy of History 4 (3-4):328-353.score: 21.0
    One of the most influential and significant developments in the philosophy of language over the last thirty years has been the rise of externalist conceptions of content. This essay aims to explore the implications of a form of externalism, largely derived from the work of Donald Davidson, for thinking about history, and in so doing to suggest one way in which contemporary philosophy of language may engage with contemporary philosophy of history. Much of the discussion focuses on the (...)
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  47. Jari Kaukua & Vili Lähteenmäki (2010). Subjectivity as a Non-Textual Standard of Interpretation in the History of Philosophical Psychology. History & Theory 48 (1):21-37.score: 21.0
    Contemporary caution against anachronism in intellectual history, and the currently momentous theoretical emphasis on subjectivity in the philosophy of mind, are two prevailing conditions that set puzzling constraints for studies in the history of philosophical psychology. The former urges against assuming ideas, motives, and concepts that are alien to the historical intellectual setting under study, and combined with the latter suggests caution in relying on our intuitions regarding subjectivity due to the historically contingent characterizations it has attained in (...)
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  48. Stephen Gaukroger (2012). What Does History Matter to the History of Philosophy? Journal of the Philosophy of History 5 (3):406-424.score: 21.0
    Abstract Contrary to most modern interpretations, in the early modern period, history was an indispensable resource for many philosophers. The different uses of history by Bacon, Gassendi, Locke, and Hume are explored to establish the role of history as a resource in early-modern philosophy.
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  49. Simon Evnine (1993). Hume, Conjectural History, and the Uniformity of Human Nature. Journal of the History of Philosophy 31 (4):589-606.score: 21.0
    In this paper I argue that, in at least two cases - his discussions of the temporal precedence o f polytheism over monotheism and of the origins of civil society - we see Hume consigning to historical development certain aspects of reason which, as a comparison with Locke will show, have sometimes been held to be uniform. In the first of these cases Hume has recourse to claims about the general historical development of human thought. In the second case, the (...)
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  50. John H. Zammito (2008). Kant's "Naturalistic" History of Mankind? Some Reservations. Journal of the Philosophy of History 2 (1):29-62.score: 21.0
    Among many important claims, Allen Wood in Kant's Ethical ought proposes that Kant's philosophy of history can be grasped as a "naturalist" approach, grounding human nature in biology. I suggest some reservations. First, I question Kant's conception of biology as (a still emergent) science. Second, I question Kant's extension of his notion of "natural predisposition" to reason and freedom. Third, I question the naturalism of Kant's philosophy of history by suggesting the excessive role providence must play in Kant's (...)
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