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

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  1. Julian H. Franklin (1977). Jean Bodin and the Sixteenth-Century Revolution in the Methodology of Law and History. Greenwood Press.
     
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  2.  12
    J. M. Dubois (2008). Is Anesthesia Intrinsically Wrong? On Moral Absolutes and Natural Law Methodology. Christian Bioethics 14 (2):206-216.
    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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  3.  2
    James M. Dubois (2008). Is Anesthesia Intrinsically Wrong? On Moral Absolutes and Natural Law Methodology. Christian Bioethics 14 (2):206-216.
    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 , 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. This article (...)
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  4.  44
    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.
    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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  5.  11
    M. B. Crowe (1964). Jean Bodin and the Sixteenth-Century Revolution in the Methodology of Law and History. Philosophical Studies 13:314-314.
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    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.
    Editor's Note: There seems to be a tendency within our scholarly circles to place relatively greater emphasis on the lines of distinction between disciplines or the drawing of lines of differences among spheres [of knowledge], rather than on the connection, contact, and intersection of disciplines. Consequently, in research activities there is a commensurate tendency to often concentrate one's vision on the narrow world of one's own sphere and rarely to pay any attention to the conditions of "one's neighbors." The result (...)
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  7.  3
    Heinz Herrmann (1953). An Account of Recent Biological Methodology: Causal Law and Transplanar Analysis. Philosophy of Science 20 (2):149-156.
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    M. B. Crowe (1964). Jean Bodin and the Sixteenth-Century Revolution in the Methodology of Law and History. Philosophical Studies 13:314-314.
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  9.  1
    Constance I. Smith (1964). JULIAN H. FRANKLIN, "Jean Bodin and the Sixteenth-Century Revolution in the Methodology of Law and History". [REVIEW] History and Theory 4 (1):96.
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  10. 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.
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  11. Dale Jacquette (1990). Aesthetics and Natural Law in Newton's Methodology. Journal of the History of Ideas 51 (4):659-666.
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  12.  36
    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 philosopher (...)
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  13.  11
    Kenneth M. Ehrenberg (2016). 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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  14.  65
    Joseph Raz (2009). Between Authority and Interpretation: On the Theory of Law and Practical Reason. Oxford University Press.
    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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  15.  17
    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 provide (...)
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  16.  12
    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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    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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  18.  15
    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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  19.  24
    Douglas N. Walton (2008). Witness Testimony Evidence: Argumentation, Artificial Intelligence, and Law. Cambridge University Press.
    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 (...)
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  20.  10
    Steven L. Winter (2001). A Clearing in the Forest: Law, Life, and Mind. University of Chicago Press.
    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 (...)
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  21.  6
    James MacLean (2011). Rethinking Law as Process: Creativity, Novelty, Change. Routledge.
    Rethinking Law as Process draws on insights from 'process philosophy' in order to rethink the nature of legal decision-making.
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  22.  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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  23.  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 practice (...)
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  24. Timothy Endicott, Joshua Getzler & Edwin Peel (eds.) (2006). Properties of Law: Essays in Honour of Jim Harris. OUP Oxford.
    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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  25. 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.
    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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  26.  25
    Aileen Kavanagh & John Oberdiek (eds.) (2009). Arguing About Law. Routledge.
    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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  27. Neil MacCormick (2005). Rhetoric and the Rule of Law: A Theory of Legal Reasoning. Oxford University Press.
    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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  28.  34
    Lars Lindahl (1977). Position and Change: A Study in Law and Logic. D. Reidel Pub. Co..
    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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  29. Peter Goodrich (1986). Reading the Law: A Critical Introduction to Legal Method and Techniques. B. Blackwell.
     
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  30. Mark van Hoecke (2002). Law as Communication. Hart.
     
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  31. Matthias Klatt (2008). Making the Law Explicit: The Normativity of Legal Argumentation. Hart Pub..
     
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  32. David Stanley Caudill (1997). Lacan and the Subject of Law: Toward a Psychoanalytic Critical Legal Theory. Humanities Press.
  33. John Austin (1885/2005). Lectures on Jurisprudence, or, the Philosophy of Positive Law. Lawbook Exchange.
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  34. Peter Wahlgren (1992). Automation of Legal Reasoning: A Study on Artificial Intelligence and Law. Kluwer Law and Taxation Publishers.
  35. Fernando Atria Lemaître (2001). On Law and Legal Reasoning. Hart Pub..
  36. B. J. Brown (1987). Shibboleths of Law: Reification, Plain-English, and Popular Legal Symbolism. Legal Research Foundation.
     
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  37.  12
    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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  38. Jane C. Ginsburg (2004). Introduction to Law and Legal Reasoning. Thomson/West.
  39. Jerzy Stelmach & Wojciech Załuski (eds.) (2011). Game Theory and the Law. Copernicus Center Press.
     
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  40. 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.
     
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  41. 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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  42. 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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  43.  10
    Doris Liebwald (2013). Law's Capacity for Vagueness. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (2):391-423.
    This paper deals with the particularities of vagueness in law. Thereby the question of the law’s capacity for vagueness is closely related to the question of the impact of vagueness in law, since exaggerated vagueness combined with the elasticity of legal interpretation methodology may affect the constitutional principles of legal certainty, the division of powers, and the binding force of statute. To represent vagueness and the instability of legal concepts and rules, a Hyperbola of Meaning is introduced, opposing Heck’s (...)
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  44.  1
    Sami Al-Daghistani (2016). Semiotics of Islamic Law, Maṣlaḥa, and Islamic Economic Thought. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (2):389-404.
    The paper explores the role and meaning of maṣlaḥa and its possible appropriation in the field of Islamic legal and economic thought, as laid down by various medieval and contemporary Muslim scholars. Questions that are pertinent to the research are the following: how has maṣlaḥa been incorporated in legal reasoning and what kind of meaning does it convey; what type of economic reading does it presuppose; do ethics, law, and scriptural sources play equally important role as reference in developing the (...)
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  45.  1
    Rūta Petkuvienė (2013). Justice and Equity Within Civil Process. Jurisprudence 20 (3):1061-1080.
    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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  46.  18
    Robert S. Summers (2006). Form and Function in a Legal System: A General Study. Cambridge University Press.
    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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  47.  14
    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 can (...)
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  48. Ruth C. A. Higgins (2004). The Moral Limits of Law: Obedience, Respect, and Legitimacy. Oxford University Press.
    The Moral Limits of Law analyzes the related debates concerning the moral obligation to obey the law, conscientious citizenship, and state legitimacy. Modern societies are drawn in a tension between the centripetal pull of the local and the centrifugal stress of the global. Boundaries that once appeared permanent are now permeable: transnational legal, economic, and trade institutions increasingly erode the autonomy of states. Nonetheless transnational principles are still typically effected through state law. For law's subjects, this tension brings into focus (...)
     
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  49.  8
    Matthias Jestaedt (2006). Das Mag in der Theorie Richtig Sein -: Vom Nutzen der Rechtstheorie für Die Rechtspraxis. Mohr Siebeck.
    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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  50.  58
    T. J. Hochstrasser (2000). Natural Law Theories in the Early Enlightenment. Cambridge University Press.
    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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