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

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  1. John Law (1984). Science for Social Scientists. Macmillan Press.score: 180.0
  2. Julian H. Franklin (1977). Jean Bodin and the Sixteenth-Century Revolution in the Methodology of Law and History. Greenwood Press.score: 132.0
     
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  3. Andrew J. I. Jones & Marek Sergot (1992). Deontic Logic in the Representation of Law: Towards a Methodology. [REVIEW] Artificial Intelligence and Law 1 (1):45-64.score: 102.0
    There seems to be no clear consensus in the existing literature about the role of deontic logic in legal knowledge representation — in large part, we argue, because of an apparent misunderstanding of what deontic logic is, and a misplaced preoccupation with the surface formulation of legislative texts. Our aim in this paper is to indicate, first, which aspects of legal reasoning are addressed by deontic logic, and then to sketch out the beginnings of a methodology for its use (...)
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  4. J. M. Dubois (2008). Is Anesthesia Intrinsically Wrong? On Moral Absolutes and Natural Law Methodology. Christian Bioethics 14 (2):206-216.score: 96.0
    This article engages two fundamentally different kinds of so-called natural law arguments in favor of specific moral absolutes: Elizabeth Anscombe's claim that certain actions are known to be intrinsically wrong through intuition (or mystical perceptions), and John Finnis's claim that such actions are known to be wrong because they involve acting directly against a basic human good. Both authors maintain, for example, that murder and contraceptive sexual acts are known to be wrong, always and everywhere, through their respective epistemological lens. (...)
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  5. Christopher B. Gray (2010). The Methodology of Maurice Hauriou: Legal, Sociological, Philosophical. Rodopi.score: 90.0
    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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  6. Hans Paul Prümm (2012). The Didactic Turn of German Legal Methodology. Jurisprudence 18 (4):1233-1282.score: 90.0
    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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  7. James M. Dubois (2008). Is Anesthesia Intrinsically Wrong? On Moral Absolutes and Natural Law Methodology. Christian Bioethics 14 (2):206-216.score: 90.0
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  8. 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: 90.0
    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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  9. Joseph Raz (2009). Between Authority and Interpretation: On the Theory of Law and Practical Reason. Oxford University Press.score: 84.0
    Can there be a theory of law? -- Two views of the nature of the theory of law : a partial comparison -- On the nature of law -- The problem of authority : revisiting the service conception -- About morality and the nature of law -- Incorporation by law -- Reasoning with rules -- Why interpret? -- Interpretation without retrieval -- Intention in interpretation -- Interpretation : pluralism and innovation -- On the authority and interpretation of constitutions : some (...)
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  10. Douglas N. Walton (2008). Witness Testimony Evidence: Argumentation, Artificial Intelligence, and Law. Cambridge University Press.score: 84.0
    Recent work in artificial intelligence has increasingly turned to argumentation as a rich, interdisciplinary area of research that can provide new methods related to evidence and reasoning in the area of law. Douglas Walton provides an introduction to basic concepts, tools and methods in argumentation theory and artificial intelligence as applied to the analysis and evaluation of witness testimony. He shows how witness testimony is by its nature inherently fallible and sometimes subject to disastrous failures. At the same time such (...)
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  11. Baudouin Dupret (2011). Adjudication in Action: An Ethnomethodology of Law, Morality and Justice. Ashgate.score: 84.0
    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 practice (...)
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  12. Steven L. Winter (2001). A Clearing in the Forest: Law, Life, and Mind. University of Chicago Press.score: 84.0
    Cognitive science is transforming our understanding of the mind. New discoveries are changing how we comprehend not just language, but thought itself. Yet, surprisingly little of the new learning has penetrated discussions and analysis of the most important social institution affecting our lives-the law. Drawing on work in philosophy, psychology, anthropology, linguistics, and literary theory, Steven L. Winter has created nothing less than a tour de force of interdisciplinary analysis. (...) A Clearing in the Forest rests on the simple notion that the better we understand the workings of the mind, the better we will understand all its products-especially law. Legal studies today focus on analytic skills and grand normative theories. But, to understand how real-world, legal actors reason and decide, we need a different set of tools. Cognitive science provides those tools, opening a window on the imaginative, yet orderly mental processes that animate thinking and decisionmaking among lawyers, judges, and lay persons alike. Recent findings about how humans actually categorize and reason make it possible to explain legal reasoning in new, more cogent, more productive ways. A Clearing in the Forest is a compelling meditation on both how the law works and what it all means. In uncovering the irrepressibly imaginative, creative quality of human reason, Winter shows how what we are learning about the mind changes not only our understanding of law, but ultimately of ourselves. He charts a unique course to understanding the world we inhabit, showing us the way to the clearing in the forest. (shrink)
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  13. Richard A. Posner (1995). Overcoming Law. Harvard University Press.score: 84.0
    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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  14. Aileen Kavanagh & John Oberdiek (eds.) (2009). Arguing About Law. Routledge.score: 84.0
    Arguing about Law introduces philosophy of law in an accessible and engaging way. The reader covers a wide range of topics, from general jurisprudence, law, the state and the individual, to topics in normative legal theory, as well as the theoretical foundations of public and private law. In addition to including many classics, Arguing About Law also includes both non-traditional selections and discussion of timely topical issues like the legal dimension of the war on terror. The editors provide lucid introductions (...)
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  15. James MacLean (2011). Rethinking Law as Process: Creativity, Novelty, Change. Routledge.score: 84.0
    Rethinking Law as Process draws on insights from 'process philosophy' in order to rethink the nature of legal decision-making.
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  16. Timothy Endicott, Joshua Getzler & Edwin Peel (eds.) (2006). Properties of Law: Essays in Honour of Jim Harris. OUP Oxford.score: 84.0
    The late Jim Harris' theory of the science of law, and his theoretical work on human rights and property, have been a challenge and stimulus to legal scholars for the past twenty-five years. This collection of essays, originally conceived as a festschrift and now offered to the memory of a greatly admired scholar, assesses Harris' contribution across many fields of law and legal philosophy. The chapters are written by some of the foremost specialists writing today, and reflect the wide range (...)
     
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  17. J. W. Harris, Timothy Andrew Orville Endicott, Joshua Getzler & Edwin Peel (eds.) (2006). Properties of Law: Essays in Honour of Jim Harris. Oxford University Press.score: 84.0
    This book comprises essays in law and legal theory celebrating the life and work of Jim Harris. The topics addressed reflect the wide range of Harris's work, and the depth of his influence on legal studies. They include the nature of law and legal reasoning, rival theories of property rights and their impact on practical questions before the courts; the nature of precedent in legal argument; and the evolving concept of human rights and its place in legal discourse.
     
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  18. John Austin (1885/2005). Lectures on Jurisprudence, or, the Philosophy of Positive Law. Lawbook Exchange.score: 78.0
    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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  19. Kenneth M. Ehrenberg (2009). Defending the Possibility of a Neutral Functional Theory of Law. Oxford Journal of Legal Studies 29 (1):91.score: 78.0
    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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  20. Lars Lindahl (1977). Position and Change: A Study in Law and Logic. D. Reidel Pub. Co..score: 78.0
    CHAPTER 1 From Bentham to Kanger I. Introduction In the analytical tradition established by Jeremy Bentham and John Austin, and continued in the twentieth ...
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  21. Jane C. Ginsburg (2004). Introduction to Law and Legal Reasoning. Thomson/West.score: 78.0
  22. Fernando Atria Lemaître (2001). On Law and Legal Reasoning. Hart Pub..score: 78.0
  23. B. J. Brown (1987). Shibboleths of Law: Reification, Plain-English, and Popular Legal Symbolism. Legal Research Foundation.score: 78.0
     
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  24. David Stanley Caudill (1997). Lacan and the Subject of Law: Toward a Psychoanalytic Critical Legal Theory. Humanities Press.score: 78.0
  25. 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: 78.0
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  26. Peter Goodrich (1986). Reading the Law: A Critical Introduction to Legal Method and Techniques. B. Blackwell.score: 78.0
     
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  27. Matthias Klatt (2008). Making the Law Explicit: The Normativity of Legal Argumentation. Hart Pub..score: 78.0
     
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  28. Neil MacCormick (2005). Rhetoric and the Rule of Law: A Theory of Legal Reasoning. Oxford University Press.score: 78.0
    This book discusses theories of legal reasoning and provides an overall view of the rhetoric of legal justification. It shows how and why lawyers arguments can be rationally persuasive even though rarely, if ever, logically conclusive or compelling. It examines the role of "legal syllogism" and universality of legal reasoning, looking at arguments of consequentialism and principle, and concludes by questioning the infallibility of judges as lawmakers.
     
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  29. Jerzy Stelmach & Wojciech Załuski (eds.) (2011). Game Theory and the Law. Copernicus Center Press.score: 78.0
     
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  30. Mark van Hoecke (2002). Law as Communication. Hart.score: 78.0
     
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  31. Peter Wahlgren (1992). Automation of Legal Reasoning: A Study on Artificial Intelligence and Law. Kluwer Law and Taxation Publishers.score: 78.0
  32. Bartosz Wojciechowski, Marek Zirk-Sadowski & Mariusz J. Golecki (eds.) (2009). Between Complexity of Law and Lack of Order: Philosophy of Law in the Era of Globalization. Wydawn. Adam Marszałek.score: 78.0
     
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  33. Robert S. Summers (2006). Form and Function in a Legal System: A General Study. Cambridge University Press.score: 72.0
    This book addresses three major questions about law and legal systems: (1) What are the defining and organizing forms of legal institutions, legal rules, interpretive methodologies, and other legal phenomena? (2) How does frontal and systematic focus on these forms advance understanding of such phenomena? (3) What credit should the functions of forms have when such phenomena serve policy and related purposes, rule of law values, and fundamental political values such as democracy, liberty, and justice? This is the first book (...)
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  34. H. L. A. Hart (1994). The Concept of Law. Oxford University Press.score: 72.0
    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 philosopher (...)
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  35. M. B. Crowe (1964). Jean Bodin and the Sixteenth-Century Revolution in the Methodology of Law and History. Philosophical Studies 13:314-314.score: 72.0
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  36. Heinz Herrmann (1953). An Account of Recent Biological Methodology: Causal Law and Transplanar Analysis. Philosophy of Science 20 (2):149-156.score: 72.0
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  37. Rūta Petkuvienė (2013). Justice and Equity Within Civil Process. Jurisprudence 20 (3):1061-1080.score: 72.0
    The article provides an analysis on how much the standard court proceedings can be regarded as the research, which is performed by investigating by what manner and measures the justice in a procedural sense is implemented. It is generally acknowledged that the court, as a subject, solving a legal dispute, implements justice only in the case, when it ensures the impartiality towards all persons. The appropriate legal proceedings form a constituent part of the constitutional right to apply in the court. (...)
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  38. Jules L. Coleman (ed.) (2001). Hart's Postscript: Essays on the Postscript to the Concept of Law. Oxford University Press.score: 72.0
    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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  39. G. C. Hazard (1964). Jean Bodin and the Sixteenth-Century Revolution in the Methodology of Law and History. By Julian Franklin. New York: Columbia University Press, 1963. Pp. 160. $4.00. [REVIEW] American Journal of Jurisprudence 9 (1):182-186.score: 72.0
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  40. Dale Jacquette (1990). Aesthetics and Natural Law in Newton's Methodology. Journal of the History of Ideas 51 (4):659-666.score: 72.0
     
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  41. Liu Ruifu (1986). On the Methodology of Philosophy and the Establishment of a Scientific System of Economic Law. Contemporary Chinese Thought 18 (1):3-27.score: 72.0
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  42. Pavlos Eleftheriadis (2008). Legal Rights. Oxford University Press.score: 66.0
    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 can (...)
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  43. Matthias Jestaedt (2006). Das Mag in der Theorie Richtig Sein -: Vom Nutzen der Rechtstheorie für Die Rechtspraxis. Mohr Siebeck.score: 66.0
    English summary: Countering the widespread antitheoretical affect, Matthias Jestaedt shows the benefits of a sceptical and realistic theory of law, not only for juridical dogmatics but also for legal practice, and distinguishes between the ...
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  44. Paulos Z. Eleutheriadēs (2008). Legal Rights. Oxford University Press.score: 66.0
    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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  45. Aulis Aarnio & Neil MacCormick (eds.) (1958/1992). Legal Reasoning. New York University Press, Reference Collection.score: 66.0
    This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.
     
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  46. Mark van Hoecke (ed.) (2011). Methodologies of Legal Research: Which Kind of Method for What Kind of Discipline? Portland, Or.Hart.score: 66.0
     
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  47. Michel van de Kerchove (1993). The Legal System Between Order and Disorder. Oxford University Press.score: 66.0
    How have legal philosophers systemized law, and what types of assumptions have they made in undertaking this task? In what sense is law a system, and how is it maintained as such? This translation of a French book answers these two core inter-related questions by surveying and analyzing the theories of a number of important European legal philosophers as well as offering its own distinct theory for viewing the law as a system.
     
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  48. Facundo García Valverde (2007). La importancia de la discusión metodológica entre Dworkin y el positivismo. Revista Latinoamericana de Filosofia 33 (1):25-53.score: 62.0
    In this article I analyse different strategies of defence –derived from Hart´s PostScript– used by the legal positivists against the numerous objections made by Ronald Dworkin. Against the abandonment of the dispute proposed by Liam Murphy, I show that the methodological and conceptual discussion between Dworkin and legal positivism is vital for the dworkinian theoretical purposes.
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  49. Scott Brewer (ed.) (1998). Moral Theory and Legal Reasoning. Garland Pub..score: 60.0
    The articles in this volume consider at what stage of legal reasoning should a judge or lawyer make specifically moral judgments.
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