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

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  1. Brian Leiter, Advanced Topics in Jurisprudence: Methodology.score: 96.0
    The topic this semester will be “methodology,” with special (but not exclusive) reference to the recent, voluminous literature on this topic in legal philosophy. There are two central questions: (1) Is there a distinctive method of philosophical inquiry? (2) What is the relationship between philosophical methods and the methods (and results) of the empirical sciences (broadly construed)?
     
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  2. Christopher B. Gray (2010). The Methodology of Maurice Hauriou: Legal, Sociological, Philosophical. Rodopi.score: 84.0
    Maurice Hauriou (1856-1929) -- Methodology -- Hauriou's general methodology -- Legal methodology -- Sociological methodolgy -- Methodological interplay of law and social science -- Application of methodology to large groups -- Philosophical methodology -- The philosophical status of Hauriou's methodology.
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  3. Damiano Canale (2009). Consequences of Pragmatic Conceptualism: On the Methodology Problem in Jurisprudence. Ratio Juris 22 (2):171-186.score: 78.0
    Abstract. The purpose of this paper is to address some of the main issues of contemporary jurisprudential methodology by considering the contribution of Jules Coleman to this subject. After a description of Coleman's methodological approach and a clarification of its philosophical background, the paper focuses on some related problems, such as the relation between linguistic meaning and conceptual content, the nature of legal concepts, the different aspects of the normativity of content, and the revisability of conceptual truths.
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  4. Jules L. Coleman (2007). Beyond the Separability Thesis: Moral Semantics and the Methodology of Jurisprudence. Oxford Journal of Legal Studies 27 (4):581-608.score: 78.0
    Next SectionIn emphasizing the importance of the separability thesis, legal philosophers have inadequately appreciated other philosophically important ways in which law and morality are or might be connected with one another. In this article, I argue that the separability thesis cannot shoulder the philosophical burdens that it has been asked to bear. I then turn to two issues of greater importance to jurisprudence. These are ‘the moral semantics of law’ and ‘the normativity of theory construction in jurisprudence’. The (...)
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  5. B. Leiter (2003). Beyond the Hart/Dworkin Debate: The Methodology Problem in Jurisprudence. American Journal of Jurisprudence 48 (1):17-51.score: 78.0
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  6. Hans Paul Prümm (2009). Reducing Irrationality of Legal Methodology by Realistic Description of Interpretative Tools and Teaching the Causes of Irrationality in Legal Education. Jurisprudence 115 (1):199-219.score: 78.0
    Lawyers pretend as if the process of application of laws, as well as its outcome, could be an analytic-deductive derivation; especially law students learn that legal decision-making is primarily a logic process. But we know that application of laws depends on analytic-logical as well as on voluntaristic (wilful) elements. Exact relations between these components are unknown and will be unknown. At most German law schools students as the most important imperative tool learn the so called “Auslegung” through the use of (...)
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  7. Stephan Kirste (ed.) (2012). Interdisciplinary Research in Jurisprudence and Constitutionalism. Druck Nomos, Franz Steiner Verlag ;.score: 78.0
     
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  8. Julie Dickson (2004). Methodology in Jurisprudence. Legal Theory 10 (3):117-156.score: 72.0
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  9. H. L. A. Hart (1994). The Concept of Law. Oxford University Press.score: 66.0
    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 (...)
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  10. Julian H. Franklin (1977). Jean Bodin and the Sixteenth-Century Revolution in the Methodology of Law and History. Greenwood Press.score: 66.0
     
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  11. Michael D. A. Freeman (2001). Lloyd's Introduction to Jurisprudence. Sweet & Maxwell.score: 66.0
     
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  12. John D. Arras (2001). Freestanding Pragmatism in Law and Bioethics. Theoretical Medicine and Bioethics 22 (2):69-85.score: 60.0
    This paper represents the first installment of alarger project devoted to the relevance of pragmatism forbioethics. One self-consciously pragmatist move would be toreturn to the classical pragmatist canon of Peirce, James andDewey in search of substantive doctrines or methodologicalapproaches that might be applied to current bioethicalcontroversies. Another pragmatist (or neopragmatist) move wouldbe to subject the regnant principlist paradigm to Richard Rorty'ssubversive assaults on foundationalism in epistemology andethics. A third pragmatist method, dubbed ``freestandingpragmatism'' by its proponents, embraces a ``pragmatist'' approachto practical (...)
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  13. Hans Paul Prümm (2012). The Didactic Turn of German Legal Methodology. Jurisprudence 18 (4):1233-1282.score: 60.0
    We note an increasing consciousness of weakness of legal methodology taught to law students today: The students get neither real idea nor feeling of legal decision-making as mixture of legal matters, issue of facts, personal inputs, diverging interests, and the interplay with other actors. For minimize these defects it is necessary that law students learn in legal studies the following points: (1) Legal decision-making is a special kind of decision-making and is embedded in all problems of this process. (2) (...)
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  14. Jules L. Coleman (ed.) (2001). Hart's Postscript: Essays on the Postscript to the Concept of Law. Oxford University Press.score: 60.0
    The Postscript to 'The Concept of Law' contains Herbert Hart's only sustained and considered response to the objections made by his distinguished critic, Ronald Dworkin. In this extraordinary collection, an array of leading legal philosophers evaluates the success of Hart's response to Dworkin.
     
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  15. Ke Li (2011). Fa Xue Fang Fa Lun Yuan Li. Fa Lü Chu Ban She.score: 60.0
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  16. Thomas Eberle (2010). The Phenomenological Life-World Analysis and the Methodology of the Social Sciences. Human Studies 33 (2):123-139.score: 54.0
    This Alfred Schutz Memorial Lecture discusses the relationship between the phenomenological life-world analysis and the methodology of the social sciences, which was the central motive of Schutz’s work. I have set two major goals in this lecture. The first is to scrutinize the postulate of adequacy, as this postulate is the most crucial of Schutz’s methodological postulates. Max Weber devised the postulate ‘adequacy of meaning’ in analogy to the postulate of ‘causal adequacy’ (a concept used in jurisprudence) and (...)
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  17. Pavlos Eleftheriadis (2008). Legal Rights. Oxford University Press.score: 54.0
    How can there be rights in law? We learn from moral philosophy that rights protect persons in a special way because they have peremptory force. But how can this aspect of practical reason be captured by the law? For many leading legal philosophers the legal order is constructed on the foundations of factual sources and with materials provided by technical argument. For this 'legal positivist' school of jurisprudence, the law endorses rights by some official act suitably communicated. But how (...)
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  18. Baudouin Dupret (2011). Adjudication in Action: An Ethnomethodology of Law, Morality and Justice. Ashgate.score: 54.0
    Law and morality : constructs and models -- The morality of cognition : the normativity of ordinary reasoning -- Law in action : a praxeological approach to law and justice -- Law in context : legal activity and the institutional context -- Procedural constraint : sequentiality, routine, and formal correctness -- Legal relevance : the production of factuality and legality -- From law in the books to law in action : egyptian criminal law between doctrine, case law, jurisprudence, and (...)
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  19. Richard A. Posner (1995). Overcoming Law. Harvard University Press.score: 54.0
    Throughout, the book is unified by Posner's distinctive stance, which is pragmatist in philosophy, economic in methodology, and liberal (in the sense of John ...
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  20. José de Sousa E. Brito (2009). Does Legal Semiotics Cannibalize Jurisprudence? International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 22 (4):387-398.score: 54.0
    Does Duncan Kennedy successfully cannibalize jurisprudence? He attempts to do it by demonstrating the inexistence of rightness in legal argumentation. If there is no right legal argument, then there is no right answer in adjudication, adjudication is not a rational enterprise and legal doctrine cannot be said to be a science. It can be shown that skepticism is self-defeating. Duncan Kennedy can avoid self defeat only because he actually believes in a lot of legal arguments. His thesis that judges (...)
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  21. Brian Leiter (2007). Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy. Oxford University Press.score: 54.0
    Introduction: From legal realism to naturalized jurisprudence -- A note on legal indeterminacy -- Part I. American legal realism and its critics -- Rethinking legal realism: toward a naturalized jurisprudence (1997) -- Legal realism and legal positivism reconsidered (2001) -- Is there an "American" jurisprudence? (1997) -- Postscript to Part I: Interpreting legal realism -- Part II. Ways of naturalizing jurisprudence -- Legal realism, hard positivism, and the limits of conceptual analysis (1998, 2001) -- Why Quine (...)
     
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  22. Mark van Hoecke (ed.) (2011). Methodologies of Legal Research: Which Kind of Method for What Kind of Discipline? Portland, Or.Hart.score: 54.0
     
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  23. Kenneth M. Ehrenberg (2009). Defending the Possibility of a Neutral Functional Theory of Law. Oxford Journal of Legal Studies 29 (1):91.score: 50.0
    I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...)
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  24. Kenneth M. Ehrenberg (2011). Law is Not (Best Considered) an Essentially Contested Concept. International Journal of Law in Context 7:209-232.score: 48.0
    I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...)
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  25. William Lucy (1999). Understanding and Explaining Adjudication. Oxford University Press.score: 48.0
    This is the first book that attempts to analyze and define the metholodology and values of contemporary accounts of adjudication, which can be divided into orthodox philosophies on the one hand and heretical accounts on the other. The author offers an incisive and original analysis of how these supposedly incompatible accounts actually differ.
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  26. Paulos Z. Eleutheriadēs (2008). Legal Rights. Oxford University Press.score: 48.0
    History and theory -- Descriptions and constructions -- The practical argument -- Rights in law -- Obligation and permission -- Legal relations -- The right to property -- Freedom through law -- Rights in legal deliberation.
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  27. Jan C. Schuhr (2006). Rechtsdogmatik Als Wissenschaft: Rechtliche Theorien Und Modelle. Duncker & Humblot.score: 48.0
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  28. David Stanley Caudill (1997). Lacan and the Subject of Law: Toward a Psychoanalytic Critical Legal Theory. Humanities Press.score: 48.0
  29. Hazel G. Genn, Sally Wheeler & Martin Partington (2006). Law in the Real World : Improving Our Understanding of How Law Works: Final Report and Recommendations. Nuffield Foundation.score: 48.0
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  30. A. Santos Justo (2006). Introdução Ao Estudo Do Direito. Coimbra Editora.score: 48.0
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  31. Budimir Košutić (2008). Uvod U Jurisprudenciju: Osnovi Teorije Prava. Cid.score: 48.0
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  32. Novica Kraljević (2004). Teorijski Domet Pomjeranja Prava Prema Sociologiji: Pravna Doktrina Sa Stanovišta Saznanja I Sociologije. Izdavački Grafički Atelje "M" (Igam).score: 48.0
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  33. Pirjo Mikkola (1982). The Scientific Community and the Images of Legal Science: An Empirical Survey of the Paradigms in Finnish Legal Science. Oikeustieteellisen Tutkimuksen Tutkimus.score: 48.0
     
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  34. Joachim Rückert (2011). Savigny-Studien. Klostermann.score: 48.0
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  35. Wolfgang Paul Reutter (2011). "Objektiv Wirkliches" in Friedrich Carl von Savignys Rechtsdenken, Rechtsquellen- Und Methodenlehre. V. Klostermann.score: 48.0
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  36. Walter R. Schluep (2006). Einladung Zur Rechtstheorie. Nomos.score: 48.0
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  37. V. M. Syrykh (2000). Logicheskie Osnovanii͡a Obshcheĭ Teorii Prava. I͡urid. Dom "I͡ustit͡sinform".score: 48.0
    t. 1. Ėlementnyĭ sostav -- t. 2. Logika pravovogo issledovanii͡a -- t. 3. Sovremennoe pravoponimanie.
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  38. Michel Troper & Denys de Béchillon (eds.) (2006). L'architecture du Droit: Mélanges En l'Honneur de Michel Troper. Economica.score: 48.0
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  39. Mark van Hoecke (2002). Law as Communication. Hart.score: 48.0
     
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  40. Lydia Patton (forthcoming). Methodology of the Sciences. In Michael Forster & Kristin Gjesdal (eds.), The Oxford Handbook of German Philosophy in the Nineteenth Century. Oxford University Press.score: 42.0
    In the growing Prussian university system of the early nineteenth century, "Wissenschaft" (science) was seen as an endeavor common to university faculties, characterized by a rigorous methodology. On this view, history and jurisprudence are sciences, as much as is physics. Nineteenth century trends challenged this view: the increasing influence of materialist and positivist philosophies, profound changes in the relationships between university faculties, and the defense of Kant's classification of the sciences by neo-Kantians. Wilhelm Dilthey's defense of the independence (...)
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  41. Sally Sheldon & Michael Thomson (eds.) (1998). Feminist Perspectives on Health Care Law. Cavendish Pub..score: 36.0
    This book brings together new work by some of the foremost writers in the health care law arena. It presents exciting new insights,drawing on feminist theory and methodology to further our understanding of health care law. Whilst the book makes a real contribution to both feminist debates and the analysis of this area of law, it is also accessible to the undergraduate student who is approaching this area of legal scholarship and feminist jurisprudence for the first time. Its (...)
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  42. Vadim Verenich (forthcoming). The Splendors and Miseries of Constitutional Reasoning in Times of Global Crisis: A Critical Look From the Realist Perspectives of Semiotics. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-25.score: 36.0
    The European Stability Mechanism (ESM) is the rescue fund that may grant loans to struggling euro zone governments by issuing bonds, collectively by the euro zone members. The implementation of the ESM spawned a lot of legal challenges brought to higher judicial authority in Ireland, Austria, Estonia, Germany and Poland. In the fall of 2012 the ESM was subject to legal analysis in the Estonian National Court, the German Constitutional Court, and in the European Court of Justice. Delivering much anticipated (...)
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  43. Pompeu Casanovas, Núria Casellas, Christoph Tempich, Denny Vrandečić & Richard Benjamins (2007). OPJK and DILIGENT: Ontology Modeling in a Distributed Environment. [REVIEW] Artificial Intelligence and Law 15 (2):171-186.score: 36.0
    In the legal domain, ontologies enjoy quite some reputation as a way to model normative knowledge about laws and jurisprudence. This paper describes the methodology followed when developing the ontology used by the second version of the prototype Iuriservice, a web-based intelligent FAQ for judicial use. This modeling methodology has had two important requirements: on the one hand, the ontology needed to be extracted from a repository of professional judicial knowledge (containing nearly 800 questions regarding daily practice). (...)
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  44. John Austin (1885/2005). Lectures on Jurisprudence, or, the Philosophy of Positive Law. Lawbook Exchange.score: 30.0
    appreciated, great powers which found no congenial employment, great ardour for the good of mankind, chilled by indifference and neglect ; by the ...
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  45. Ramunė Miežanskienė & Vytautas Šlapkauskas (2013). The Models of Relationship of Law and Politics in Jurisprudence and Their Applicability. Jurisprudence 20 (2):429-450.score: 30.0
    This article is aimed at representing the approaches of legal theory to the interaction between law and politics and to depict the main national features of the relationship between law and politics. The analysis is based on the adoption of methodology of fundamental work of Mauro Zamboni “Law and Politics”. The adoption of methodology was used only partially, while seeking to identify and clarify the features of static, dynamic and epistemological aspects of the relationship of law and politics (...)
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  46. Nicola Lacey (2013). The Jurisprudence Annual Lecture 2013 Institutionalising Responsibility: Implications for Jurisprudence. Jurisprudence 4 (1):1-19.score: 26.0
    In this paper, the author suggest that the historical and institutional conditions of existence of the concepts which animate legal argumentation – like the historical and institutional conditions of existence of certain forms of law – are of interest not only in their own right, but also because they raise methodological issues for jurisprudence. These include questions about the relationship between concepts and the social phenomena which they purport to categorise; about the relationship between philosophical and other forms of (...)
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  47. T. J. Hochstrasser (2000). Natural Law Theories in the Early Enlightenment. Cambridge University Press.score: 24.0
    This major addition to Ideas in Context examines the development of natural law theories in the early stages of the Enlightenment in Germany and France. T. J. Hochstrasser investigates the influence exercised by theories of natural law from Grotius to Kant, with a comparative analysis of the important intellectual innovations in ethics and political philosophy of the time. Hochstrasser includes the writings of Samuel Pufendorf and his followers who evolved a natural law theory based on human sociability and reason, fostering (...)
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  48. Stephen Perry (2009). Beyond the Distinction Between Positivism and Non-Positivism. Ratio Juris 22 (3):311-325.score: 24.0
    In this article I discuss a number of issues raised by Professor Jules Coleman's recent article "Beyond the Separability Thesis." I suggest, to begin, that Coleman is correct that neither a narrow nor a broad formulation of the separability thesis takes us very far towards a robust distinction between legal positivism and legal non-positivism. I then offer a brief discussion of methodology in jurisprudence, suggesting that Coleman accepts, at least implicitly, what I call a "methodology of necessary (...)
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  49. Farrokh B. Sekaleshfar (2010). A Critique of Islamic Arguments on Human Cloning. Zygon 45 (1):37-46.score: 24.0
    Sunnism constitutes eighty percent of the Islamic world. The most academic and renowned religious seminary in the Sunni world is Al-Azhar University in Egypt, and it is from here that most verdicts on novel issues such as human cloning are decreed and disseminated throughout the Islamic and non-Islamic worlds. The perspective of this seminary and of other significant Sunni jurisprudential councils and figures are alluded to throughout this essay. I lay out the method of legal derivation employed by the Sunni (...)
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  50. Veronica Rodriguez Blanco (2006). The Methodological Problem in Legal Theory: Normative and Descriptive Jurisprudence Revisited. Ratio Juris 19 (1):26-54.score: 24.0
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