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

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  1.  10
    Kenneth Einar Himma (2015). Conceptual Jurisprudence. An Introduction to Conceptual Analysis and Methodology in Legal Theory. Revus 26.
    This essay attempts to provide an accessible introduction to the topic area of conceptual analysis of legal concepts and its methodology. I attempt to explain, at a fairly foundational level, what conceptual analysis is, how it is done and why it is important in theorizing about the law. I also attempt to explain how conceptual analysis is related to other areas in philosophy, such as metaphysics and epistemology. Next, I explain the enterprise of conceptual jurisprudence, as concerned to (...)
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  2. Brian Leiter, Advanced Topics in Jurisprudence: Methodology.
    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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  3. Andrew Halpin (2006). The Methodology of Jurisprudence: Thirty Years Off The Point. Canadian Journal of Law and Jurisprudence 19 (1).
    This essay considers the growing interest in the methodology of jurisprudence in the context of a broader examination of the relationship between legal theory and the practice of law. Attention is drawn to the particular puzzles of how theory can both be independent of and yet inform practice, and how methodology can take a similar stance towards theory. Through a detailed analysis of the methodological positions adopted by Dworkin, Raz, and Coleman and Simchen, the conclusion is reached (...)
     
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  4.  59
    Jules L. Coleman (2007). Beyond the Separability Thesis: Moral Semantics and the Methodology of Jurisprudence. Oxford Journal of Legal Studies 27 (4):581-608.
    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.  7
    B. Leiter (2003). Beyond the Hart/Dworkin Debate: The Methodology Problem in Jurisprudence. American Journal of Jurisprudence 48 (1):17-51.
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  6.  20
    Damiano Canale (2009). Consequences of Pragmatic Conceptualism: On the Methodology Problem in Jurisprudence. Ratio Juris 22 (2):171-186.
    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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  7.  8
    Julie Dickson (2004). Methodology in Jurisprudence. Legal Theory 10 (3):117-156.
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  8.  14
    Christopher B. Gray (2010). The Methodology of Maurice Hauriou: Legal, Sociological, Philosophical. Rodopi.
    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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  9.  30
    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 (...)
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  10.  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.
    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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  11. Stephan Kirste (ed.) (2012). Interdisciplinary Research in Jurisprudence and Constitutionalism. Druck Nomos, Franz Steiner Verlag ;.
     
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  12. Michael D. A. Freeman (2001). Lloyd's Introduction to Jurisprudence. Sweet & Maxwell.
     
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  13. Julian H. Franklin (1977). Jean Bodin and the Sixteenth-Century Revolution in the Methodology of Law and History. Greenwood Press.
     
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  14.  9
    Kenneth M. Ehrenberg (forthcoming). The Functions of Law. Oxford University Press.
    What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so (...)
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  15.  10
    Hans Paul Prümm (2012). The Didactic Turn of German Legal Methodology. Jurisprudence 18 (4):1233-1282.
    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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  16. Brian Leiter (2007). Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy. Oxford University Press.
    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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  17.  69
    Thomas Eberle (2010). The Phenomenological Life-World Analysis and the Methodology of the Social Sciences. Human Studies 33 (2):123-139.
    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 (...)) and regarded both as complementary and, in the context of sociological analysis, critical. Schutz extracted the two postulates from the Neokantian epistemology, dismissed the concept of causality, and reduced Weber’s two postulates of adequacy into one, namely, the adequacy of meaning. I discuss the benefits and shortcomings of this reduction. A major problem, in my view, is that Schutz’s reformulation lost the empirical concern that was inherent in Weber’s ‘causal adequacy’. As a result, the models of economics (which shaped Schutz’s conception of social science) are considered to be adequate if they are ‘understandable’ to an everyday actor, even when they are based on the most unrealistic assumptions. To recapture Weber’s empirical orientation I recommend a more restrictive interpretation of the postulate of adequacy that links it to qualitative research and unfolds the critical potential of Schutz’s phenomenological life-world analysis. My second goal is to report on some current developments in German sociology in which a number of approaches explicitly refer to Schutz’s analysis of the life-world and attempt to pursue ‘adequate’ empirical research. This lecture focuses on three approaches: ethnophenomenology, life-world analytic ethnography, and social scientific hermeneutics. (shrink)
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  18.  5
    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.
    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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  19. Jules L. Coleman (ed.) (2001). Hart's Postscript: Essays on the Postscript to the Concept of Law. Oxford University Press.
    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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  20.  18
    John D. Arras (2001). Freestanding Pragmatism in Law and Bioethics. Theoretical Medicine and Bioethics 22 (2):69-85.
    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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  21. Ke Li (2011). Fa Xue Fang Fa Lun Yuan Li. Fa Lü Chu Ban She.
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  22. Brian Leiter (2007). Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy. Oxford University Press Uk.
    Brian Leiter is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic turn in philosophy to the problems of legal philosophy. This volume collects newly revised versions of ten of his best-known essays, which set out his reinterpretation of the Legal Realists as prescient philosophical naturalists; critically engage with jurisprudential responses to Legal Realism, from legal positivism to Critical Legal Studies; connect (...)
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  23.  13
    Pavlos Eleftheriadis (2008). Legal Rights. Oxford University Press.
    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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  24.  21
    Lydia Patton (2015). Methodology of the Sciences. In Michael Forster & Kristin Gjesdal (eds.), The Oxford Handbook of German Philosophy in the Nineteenth Century. Oxford University Press 594-606.
    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 (...)
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  25.  6
    Richard A. Posner (1995). Overcoming Law. Harvard University Press.
    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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  26.  11
    Konrad Graf (2011). Action-Based Jurisprudence: Praxeological Legal Theory in Relation to Economic Theory, Ethics, and Legal Practice. Libertarian Papers 3.
    Action-based legal theory is a discrete branch of praxeology and the basis of an emerging school of jurisprudence related to, but distinct from, natural law. Legal theory and economic theory share content that is part of praxeology itself: the action axiom, the a priori of argumentation, universalizable property theory, and counterfactual-deductive methodology. Praxeological property-norm justification is separate from the strictly ethical “ought” question of selecting ends in an action context. Examples of action-based jurisprudence are found in existing (...)
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  27.  9
    Baudouin Dupret (2011). Adjudication in Action: An Ethnomethodology of Law, Morality and Justice. Ashgate.
    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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  28. Kenneth M. Ehrenberg (2009). Defending the Possibility of a Neutral Functional Theory of Law. Oxford Journal of Legal Studies 29 (1):91.
    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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  29. Kenneth M. Ehrenberg (2011). Law is Not (Best Considered) an Essentially Contested Concept. International Journal of Law in Context 7:209-232.
    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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  30. Mark van Hoecke (2002). Law as Communication. Hart.
     
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  31. David Stanley Caudill (1997). Lacan and the Subject of Law: Toward a Psychoanalytic Critical Legal Theory. Humanities Press.
  32.  10
    William Lucy (1999). Understanding and Explaining Adjudication. Oxford University Press.
    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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  33.  3
    Paulos Z. Eleutheriadēs (2008). Legal Rights. Oxford University Press.
    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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  34.  10
    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.
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  35. A. Santos Justo (2006). Introdução Ao Estudo Do Direito. Coimbra Editora.
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  36. Budimir Košutić (2008). Uvod U Jurisprudenciju: Osnovi Teorije Prava. Cid.
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  37. Novica Kraljević (2004). Teorijski Domet Pomjeranja Prava Prema Sociologiji: Pravna Doktrina Sa Stanovišta Saznanja I Sociologije. Izdavački Grafički Atelje "M" (Igam).
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  38. 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.
     
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  39. Joachim Rückert (2011). Savigny-Studien. Klostermann.
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  40. Wolfgang Paul Reutter (2011). "Objektiv Wirkliches" in Friedrich Carl von Savignys Rechtsdenken, Rechtsquellen- Und Methodenlehre. V. Klostermann.
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  41. Walter R. Schluep (2006). Einladung Zur Rechtstheorie. Nomos.
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  42.  3
    Jan C. Schuhr (2006). Rechtsdogmatik Als Wissenschaft: Rechtliche Theorien Und Modelle. Duncker & Humblot.
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  43. V. M. Syrykh (2000). Logicheskie Osnovanii͡a Obshcheĭ Teorii Prava. I͡urid. Dom "I͡ustit͡sinform".
    t. 1. Ėlementnyĭ sostav -- t. 2. Logika pravovogo issledovanii͡a -- t. 3. Sovremennoe pravoponimanie.
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  44. Michel Troper & Denys de Béchillon (eds.) (2006). L'architecture du Droit: Mélanges En l'Honneur de Michel Troper. Economica.
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  45. Mark van Hoecke (ed.) (2011). Methodologies of Legal Research: Which Kind of Method for What Kind of Discipline? Portland, Or.Hart.
     
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  46. John Austin (1885/2005). Lectures on Jurisprudence, or, the Philosophy of Positive Law. Lawbook Exchange.
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  47.  3
    Ramunė Miežanskienė & Vytautas Šlapkauskas (2013). The Models of Relationship of Law and Politics in Jurisprudence and Their Applicability. Jurisprudence 20 (2):429-450.
    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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  48.  4
    David Plunkett (forthcoming). Justice, Non-Human Animals, and the Methodology of Political Philosophy. Jurisprudence:1-29.
    One important trend in political philosophy is to hold that non-human animals don't directly place demands of justice on us. Another important trend is to give considerations of justice normative priority in our general normative theorising about social/political institutions. This situation is problematic, given the actual ethical standing of non-human animals. Either we need a theory of justice that gives facts about non-human animals a non-derivative explanatory role in the determination of facts about what justice involves, or else we should (...)
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  49.  8
    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.
    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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  50.  4
    Jiří Přibáň (2015). Asking the Sovereignty Question in Global Legal Pluralism: From “Weak” Jurisprudence to “Strong” Socio‐Legal Theories of Constitutional Power Operations. Ratio Juris 28 (1):31-51.
    The article examines recent theories of legal and constitutional pluralism, especially their adoption of sociological perspectives and criticisms of the concept of sovereignty. The author argues that John Griffiths's original dichotomy of “weak” and “strong” pluralism has to be reassessed because “weak” jurisprudential theories contain useful sociological analyses of the internal differentiation and operations of specific legal orders, their overlapping, parallel validity and collisions in global society. Using the sociological methodology of legal pluralism (...) and critically elaborating on Teubner's societal constitutionalism, the author subsequently reformulates the question of sovereignty as a sociological problem of complex power operations communicated through the constitutional state's organization and reconfigured within the global legal and political framework. (shrink)
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