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.score: 180.0
     
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  2. J. M. Dubois (2008). Is Anesthesia Intrinsically Wrong? On Moral Absolutes and Natural Law Methodology. Christian Bioethics 14 (2):206-216.score: 156.0
    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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  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: 150.0
    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. James M. Dubois (2008). Is Anesthesia Intrinsically Wrong? On Moral Absolutes and Natural Law Methodology. Christian Bioethics 14 (2):206-216.score: 150.0
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  5. M. B. Crowe (1964). Jean Bodin and the Sixteenth-Century Revolution in the Methodology of Law and History. Philosophical Studies 13:314-314.score: 120.0
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  6. Heinz Herrmann (1953). An Account of Recent Biological Methodology: Causal Law and Transplanar Analysis. Philosophy of Science 20 (2):149-156.score: 120.0
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  7. 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: 120.0
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  8. Dale Jacquette (1990). Aesthetics and Natural Law in Newton's Methodology. Journal of the History of Ideas 51 (4):659-666.score: 120.0
     
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  9. 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: 120.0
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  10. Christopher B. Gray (2010). The Methodology of Maurice Hauriou: Legal, Sociological, Philosophical. Rodopi.score: 102.0
    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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  11. Hans Paul Prümm (2012). The Didactic Turn of German Legal Methodology. Jurisprudence 18 (4):1233-1282.score: 102.0
    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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  12. 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: 102.0
    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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  13. Joseph Raz (2009). Between Authority and Interpretation: On the Theory of Law and Practical Reason. Oxford University Press.score: 96.0
    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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  14. Douglas N. Walton (2008). Witness Testimony Evidence: Argumentation, Artificial Intelligence, and Law. Cambridge University Press.score: 96.0
    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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  15. Baudouin Dupret (2011). Adjudication in Action: An Ethnomethodology of Law, Morality and Justice. Ashgate.score: 96.0
    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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  16. Steven L. Winter (2001). A Clearing in the Forest: Law, Life, and Mind. University of Chicago Press.score: 96.0
    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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  17. Aileen Kavanagh & John Oberdiek (eds.) (2009). Arguing About Law. Routledge.score: 96.0
    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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  18. Richard A. Posner (1995). Overcoming Law. Harvard University Press.score: 96.0
    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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  19. James MacLean (2011). Rethinking Law as Process: Creativity, Novelty, Change. Routledge.score: 96.0
    Rethinking Law as Process draws on insights from 'process philosophy' in order to rethink the nature of legal decision-making.
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  20. Timothy Endicott, Joshua Getzler & Edwin Peel (eds.) (2006). Properties of Law: Essays in Honour of Jim Harris. OUP Oxford.score: 96.0
    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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  21. 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: 96.0
    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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  22. John Austin (1885/2005). Lectures on Jurisprudence, or, the Philosophy of Positive Law. Lawbook Exchange.score: 90.0
    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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  23. Kenneth M. Ehrenberg (2009). Defending the Possibility of a Neutral Functional Theory of Law. Oxford Journal of Legal Studies 29 (1):91.score: 90.0
    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. Lars Lindahl (1977). Position and Change: A Study in Law and Logic. D. Reidel Pub. Co..score: 90.0
    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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  25. Jane C. Ginsburg (2004). Introduction to Law and Legal Reasoning. Thomson/West.score: 90.0
  26. Fernando Atria Lemaître (2001). On Law and Legal Reasoning. Hart Pub..score: 90.0
  27. B. J. Brown (1987). Shibboleths of Law: Reification, Plain-English, and Popular Legal Symbolism. Legal Research Foundation.score: 90.0
     
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  28. David Stanley Caudill (1997). Lacan and the Subject of Law: Toward a Psychoanalytic Critical Legal Theory. Humanities Press.score: 90.0
  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: 90.0
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  30. Peter Goodrich (1986). Reading the Law: A Critical Introduction to Legal Method and Techniques. B. Blackwell.score: 90.0
     
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  31. Matthias Klatt (2008). Making the Law Explicit: The Normativity of Legal Argumentation. Hart Pub..score: 90.0
     
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  32. Neil MacCormick (2005). Rhetoric and the Rule of Law: A Theory of Legal Reasoning. Oxford University Press.score: 90.0
    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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  33. Jerzy Stelmach & Wojciech Załuski (eds.) (2011). Game Theory and the Law. Copernicus Center Press.score: 90.0
     
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  34. Mark van Hoecke (2002). Law as Communication. Hart.score: 90.0
     
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  35. Peter Wahlgren (1992). Automation of Legal Reasoning: A Study on Artificial Intelligence and Law. Kluwer Law and Taxation Publishers.score: 90.0
  36. 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: 90.0
     
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  37. H. L. A. Hart (1994). The Concept of Law. Oxford University Press.score: 84.0
    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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  38. Jules L. Coleman (ed.) (2001). Hart's Postscript: Essays on the Postscript to the Concept of Law. Oxford University Press.score: 84.0
    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. 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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  40. Doris Liebwald (2013). Law's Capacity for Vagueness. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (2):391-423.score: 72.0
    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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  41. 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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  42. Mark van Hoecke (ed.) (2011). Methodologies of Legal Research: Which Kind of Method for What Kind of Discipline? Portland, Or.Hart.score: 70.0
     
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  43. T. J. Hochstrasser (2000). Natural Law Theories in the Early Enlightenment. Cambridge University Press.score: 66.0
    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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  44. 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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  45. Andrew Halpin (1997). Rights and Law: Analysis and Theory. Distributed in North America by Northwestern University Press.score: 66.0
    Rights have become,in recent years, a significant concern of legal theorists, as well as of those involved in moral and political philosophy. This new book seeks to move a number of debates forward by developing the analysis of rights and focusing upon more general theoretical considerations relating to rights. The book is divided into five parts. The first includes an explanation of the part played by conceptual analysis within jurisprudence, while the second conducts a re-examination of Hohfeld’s analysis of rights. (...)
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  46. Brian Bix (ed.) (2006). Philosophy of Law. Routledge.score: 66.0
    Edited by a leading scholar in the field, Philosophy of Law is a new title in the Routledge Major Works series Critical Concepts in Philosophy . It is a four-volume collection of canonical and cutting-edge research and covers a significant range of topics in the field. The first two volumes of the collection are devoted primarily to analytical legal theory—in particular, theories about the nature of law. This is the idea of legal philosophy most familiar to jurisprudential students in the (...)
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  47. 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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  48. 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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  49. Ramunė Miežanskienė & Vytautas Šlapkauskas (2013). The Models of Relationship of Law and Politics in Jurisprudence and Their Applicability. Jurisprudence 20 (2):429-450.score: 66.0
    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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