Search results for 'Law and socialism' (try it on Scholar)

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  1. Eglė Venckienė (2013). Catholic Social Thought in the Interwar Period in Lithuania: The Image of Social State under the Rule of Law in Socialism. Jurisprudence 20 (2):391-406.score: 72.0
    Social life is changing very fast. People are trying to find out reasons of living in a safe society and understand their role in it. The ‘wrong’ and ‘right‘ models of the social life, state and law systems are appearing. In the XXth century, one of them – socialism – made suggestion how to solve social problems, determinated of capitalism. This work deals with the situation of Lithuanian social thought in the Republic of Lithuania (1900-1940). In the article, the (...)
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  2. Olufemi Taiwo (1996). Legal Naturalism: A Marxist Theory of Law. Cornell University Press.score: 36.0
    Legal Naturalism advances a clear and convincing case that Marx's theory of law is a form of natural law jurisprudence.
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  3. Sidney Ball (1896). Book Review:The Social Contract. J. J. Rousseau; Annals of the British Peasantry. Russell M. Garnier; Economics and Socialism. F. A. Laycock; The Better Administration of the Poor Law. W. Chance; The Local Control of the Liquor Traffic. Arthur H. Boyden; The Socialist State. E. C. K. Gonner. [REVIEW] Ethics 6 (2):258-.score: 36.0
  4. Thomas Mertens (2005). Darker Legacies of Law in Europe. The Shadow of National Socialism and Fascism Over Europe and Its Legal Traditions. Ratio Juris 18 (2):285-291.score: 36.0
  5. Hugh Webster Babb (ed.) (1951). Soviet Legal Philosophy. Cambridge, Harvard University Press.score: 36.0
    The state, by V.I. Lenin.--The revolutionary part played by law and the state; a general doctrine of law, by P.I. Stuchka.--The theory of Petrazhitskii: Marxism and social ideology. Law, our law, foreign law, general law, by M.A. Reisner.--The general theory of law and Marxism, by E.B. Pashukanis.--The right deviation in the Communist Party of Bolsheviks. Political report of the Central (Party) Committee to the XVI Congress, 1930, by J.V. Stalin.-- The Soviet state and the revolution in law, by E.B. Pashukanis.-- (...) and law, by P. Yudin.--The fundamental tasks of the science of Soviet socialist law, by A.Y. Vyshinsky.--Report to the XVIII Party Congress, by J.V. Stalin.--The theory of the state and law, by S.A. Golunskii and M.S. Strogovich.--The Soviet state in the war for the fatherland, by A.Y. Vyshinsky.--The relationship between state and law, by I.P. Trainin. (shrink)
     
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  6. Michael S. Bryant (2004). Prosecuting the Cheerful Murderer: Natural Law and National Socialist Crimes in West German Courts, 1945–1950. [REVIEW] Human Rights Review 5 (4):86-103.score: 36.0
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  7. Joseph Florin & John H. Herz (forthcoming). Bolshevist and National Socialist Doctrines of International Law: A Case Study of the Function of Social Science in the Totalitarian Dictatorships. Social Research.score: 36.0
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  8. Stanley Nider Katz (2007). Darker Legacies of Law in Europe: The Shadow of National Socialism and Fascism Over Europe and Its Legal Traditions. Common Knowledge 13 (1):148-148.score: 36.0
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  9. Michael A. Menlowe & Christine Sypnowich (1991). The Concept of Socialist Law. Philosophical Quarterly 41 (162):117.score: 36.0
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  10. John B. Quigley (2007). Soviet Legal Innovation and the Law of the Western World. Cambridge University Press.score: 36.0
    This book explains an interaction between Soviet Russia and the West that has been overlooked in much of the analysis of the demise of the USSR. Legislation strikingly similar to the Marxist-inspired laws of Soviet Russia found its way into the legal systems of the Western world. Even though Western governments were at odds with the Soviet government, they were affected by the ideas it put forth. Western law was transformed radically during the course of the twentieth century, and much (...)
     
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  11. Bruce Wardhaugh (1991). Christine Sypnowich, The Concept of Socialist Law Reviewed By. Philosophy in Review 11 (6):427-429.score: 36.0
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  12. Frédéric Bastiat (1998). The Law. Foundation for Economic Education.score: 33.0
     
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  13. Lev Samoĭlovich I͡Avich (1981). The General Theory of Law: Social and Philosophical Problems. Progress.score: 33.0
     
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  14. Qi Na (2006). Zhe Xue Shi Ye: Fa Zhi Yu de Zhi Xin Lun = Philosophy Field of Vision: A New Theory on the Government by Law and Virtuous Rule. She Hui Ke Xue Wen Xian Chu Ban She.score: 33.0
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  15. Evgeniĭ Bronislavovich Pashukanis (1978). Law and Marxism: A General Theory. Ink Links.score: 33.0
  16. Guorong Qin (2006). Shi Min She Hui Yu Fa de Nei Zai Luo Ji: Makesi de Si Xiang Ji Qi Shi Dai Yi Yi = Inherent Logic Relationship Between Civil Society and Law ; Study on Marx's Idea and It's Current Meaning. She Hui Ke Xue Wen Xian Chu Ban She.score: 33.0
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  17. John E. Roemer (2010). Jerry Cohens Why Not Socialism? Some Thoughts. Journal of Ethics 14 (3-4):255-262.score: 27.0
    In his book Why Not Socialism? , G.A. Cohen described several kinds of inequality that would be acceptable under socialism, yet nonetheless harmful to community. I describe another kind of inequality with this property, deriving from the legitimate transmission of preferences and values from parents to children. In the same book, Cohen proposes that the designing of a socialist allocation mechanism is a key problem for socialist theory. I maintain this is less of a problem than he believes. (...)
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  18. Bjarne Melkevik (2010). Marxisme Et Philosophie du Droit: Le Cas Pasukanis. Buenos Books International.score: 24.0
    Bjarne Melkevik, docteur s droit de Paris II, est professeur titulaire la Facult de droit de l'Universit Laval (Qubec) et professeur associ au Dpartement de droit et Justice, Universit Laurentienne (Ontario).
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  19. Ch'ŏn-hun An (2010). Widaehan Suryŏng Kim Il-Sŏng Tongji Kkesŏ Chuch'e Ŭi Pŏp Kŏnsŏl Esŏ Iruk Hasin Pulmyŏl Ŭi Ŏpchŏk. Sahoe Kwahak Ch'ulp'ansa.score: 24.0
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  20. Harold J. Berman & Howard O. Hunter (eds.) (1996). The Integrative Jurisprudence of Harold J. Berman. Westviewpress.score: 24.0
     
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  21. Xingliang Chen (2004). Fa Wai Shuo Fa: Chen Xingliang Xu Ba Ji. Fa Lü Chu Ban She.score: 24.0
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  22. Masayasu Hasegawa (1952). Marukushizumu Hōgaku Nyūmon.score: 24.0
     
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  23. Wen Liu (2006). Kong Xiang She Hui Zhu Yi Fa Xue Si Chao =. Fa Lü Chu Ban She.score: 24.0
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  24. Fernando Lizárraga (2006). La Justicia En El Pensamiento de Ernesto Che Guevara. Editorial de Ciencias Sociales.score: 24.0
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  25. Guohua Sun (2007). Sun Guohua Zi Xuan Ji. Zhongguo Ren Min da Xue Chu Ban She.score: 24.0
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  26. Vladimir Aleksandrovich Tumanov (1974). Contemporary Bourgeois Legal Thought: A Marxist Evaluation of the Basic Concepts. Progress Publishers.score: 24.0
     
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  27. Yongjie Wang (2011). Cong Pu Shi Xing Dao di Fang Xing: Makesi Zhu Yi Fa Xue Zhongguo Hua Yan Jiu. Dong Fang Chu Ban Zhong Xin.score: 24.0
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  28. Thom Brooks (2007). Between Natural Law and Legal Positivism: Dworkin and Hegel on Legal Theory. Georgia State University Law Review 23 (3):513-60.score: 21.0
    In this article, I argue that - despite the absence of any clear influence of one theory on the other - the legal theories of Dworkin and Hegel share several similar and, at times, unique positions that join them together within a distinctive school of legal theory, sharing a middle position between natural law and legal positivism. In addition, each theory can help the other in addressing certain internal difficulties. By recognizing both Hegel and Dworkin as proponents of a position (...)
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  29. Edward Feser (2010). Classical Natural Law Theory, Property Rights, and Taxation. Social Philosophy and Policy 27 (1):21-52.score: 21.0
    Classical natural law theory derives moral conclusions from the essentialist and teleological understanding of nature enshrined in classical metaphysics. The paper argues that this understanding of nature is as defensible today as it was in the days of Plato, Aristotle, Augustine, and Aquinas. It then shows how a natural law theory of the grounds and content of our moral obligations follows from this understanding of nature, and how a doctrine of natural rights follows in turn from the theory of natural (...)
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  30. Robert C. Robinson (2010). The Role of Causation in Decision of Tort Law. Journal of Law, Development and Politics 1 (2).score: 21.0
    Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that the three key concepts are neither necessary, nor sufficient, for tort.
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  31. David Enoch (2011). Reason-Giving and the Law. In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law. Oxford University Press.score: 21.0
    A spectre is haunting legal positivists – and perhaps jurisprudes more generally – the spectre of the normativity of law. Whatever else law is, it is sometimes said, it is normative, and so whatever else a philosophical account of law accounts for, it should account for the normativity of law[1]. But law is at least partially a social matter, its content at least partially determined by social practices. And how can something social and descriptive in this down-to-earth kind of way (...)
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  32. Andrew Ashworth & Lucia Zedner (2008). Defending the Criminal Law: Reflections on the Changing Character of Crime, Procedure, and Sanctions. Criminal Law and Philosophy 2 (1):21-51.score: 21.0
    Recent years have seen mounting challenge to the model of the criminal trial on the grounds it is not cost-effective, not preventive, not necessary, not appropriate, or not effective. These challenges have led to changes in the scope of the criminal law, in criminal procedure, and in the nature and use of criminal trials. These changes include greater use of diversion, of fixed penalties, of summary trials, of hybrid civil–criminal processes, of strict liability, of incentives to plead guilty, and of (...)
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  33. Tom Campbell (2004). Prescriptive Legal Positivism: Law, Rights and Democracy. Cavendish Publishing.score: 21.0
    Tom Campbell is well known for his distinctive contributions to legal and political philosophy over three decades. In emphasising the moral and political importance of taking a positivist approach to law and rights, he has challenged current academic orthodoxies and made a powerful case for regaining and retaining democratic control over the content and development of human rights. This collection of his essays reaches back to his pioneering work on socialist rights in the 1980s and forward from his seminal book, (...)
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  34. Susan Haack (2008). Of Truth, in Science and in Law. Brooklyn Law Review 73 (2).score: 21.0
    Abstract: This paper responds to the question posed in the announcement of the conference at Brooklyn Law School at which it was presented: if and how [the inquiry into the reliability of proffered scientific testimony mandated by Daubert] relates to 'truth,' and whose view of the truth should prevail. The first step is to sketch the legal history leading up to Daubert, and to explore some of the difficulties Daubert brought in its wake; the next, to develop an account of (...)
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  35. Susan Haack (2009). Irreconcilable Differences? The Troubled Marriage of Science and Law. Law and Contemporary Problems 72 (1).score: 21.0
    Because its business is to resolve disputed issues, the law very often calls on those fields of science where the pressure of commercial interests is most severe. Because the legal system aspires to handle disputes promptly, the scientific questions to which it seeks answers will often be those for which all the evidence is not yet in. Because of its case-specificity, the legal system often demands answers of a kind science is not well-equipped to supply; and, for related reasons, constitutes (...)
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  36. Leslie P. Francis & John G. Francis (2010). Stateless Crimes, Legitimacy, and International Criminal Law: The Case of Organ Trafficking. [REVIEW] Criminal Law and Philosophy 4 (3):283-295.score: 21.0
    Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide or crimes (...)
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  37. Douglas Husak (2010). Mistake of Law and Culpability. Criminal Law and Philosophy 4 (2):135-159.score: 21.0
    When does a defendant not deserve punishment because he is unaware that his conduct breaches a penal statute? Retributivists must radically rethink their answer to this question to do justice to our moral intuitions. I suggest that modest progress on this topic can be made by modeling our approach to ignorance of law on our familiar approach to ignorance of fact. We need to distinguish different levels of culpability in given mistakes and to differentiate what such mistakes may be about. (...)
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  38. David Dolinko (2012). Review of “Crime and Culpability: A Theory of Criminal Law”. [REVIEW] Criminal Law and Philosophy 6 (1):93-102.score: 21.0
    This is a review of the challenging book in which Larry Alexander and Kimberly Ferzan propose sweeping revisions to the structure of substantive criminal law.
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  39. Re'em Segev (forthcoming). Moral Rightness and the Significance of Law: Why, How and When Mistake of Law Matters. University of Toronto Law Journal, Forthcoming.score: 21.0
    The question of whether a mistake of law should negate or mitigate criminal liability is commonly considered to be pertinent to the culpability of the agent, often examined in light of the (epistemic) reasonableness of the mistake. I argue that this view disregards an important aspect of this question, namely whether a mistake of law affects the rightness of the action, particularly in light of the moral significance of the mistake. I argue that several plausible premises, regarding moral rightness under (...)
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  40. H. G. Callaway (2012). Review of Cassese, Five Masters of International Law. [REVIEW] Law and Politics Book Review 22 (1):154-161.score: 21.0
    Focused on five prominent scholars of international law, and casting light on the related institutions which frequently engaged them, the present book provides insight into chief currents of international law during the last decades of the twentieth century. Spanning the gap, in some degree, between Anglo-American and continental approaches to international law, the volume consists of short intellectual portraits, combined with interviews, of selected specialists in international law. The interviews were conducted by the editor, Antonio Cassese, between 1993 and 1995 (...)
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  41. Despina Dokoupilova (2013). Creating Legal Subjectivity Through Language and the Uses of the Legal Emblem: Children of Law and the Parenthood of the State. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (2):315-339.score: 21.0
    This paper constitutes a critical exploration of the functional features underpinning the unconscious of institutional attachment—namely an attachment which is understood in terms of the subject-infant’s love for his institutional parent-power holder, and the indefinite need for a subject to remain within its infantile condition under the parenthood of the State. We venture beyond the Paternal metaphor and move towards the neglected metaphor of the Mother, so focal in the individual process of identification, assumption of language and the permanent attachment (...)
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  42. René Foqué (2008). Criminal Justice in a Democracy: Towards a Relational Conception of Criminal Law and Punishment. [REVIEW] Criminal Law and Philosophy 2 (3):207-227.score: 21.0
    This article starts from the observation that in classical Athens the discovery of democracy as a normative model of politics has been from the beginning not only a political and a legal but at the same time a philosophical enterprise. Reflections on the concept of criminal law and on the meaning of punishment can greatly benefit from reflections on Athenian democracy as a germ for our contemporary debate on criminal justice in a democracy. Three main characteristics of the Athenian model (...)
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  43. Roger A. Shiner (2009). Theorizing Criminal Law Reform. Criminal Law and Philosophy 3 (2):167-186.score: 21.0
    How are we to understand criminal law reform? The idea seems simple—the criminal law on the books is wrong: it should be changed. But 'wrong’ how? By what norms 'wrong’? As soon as one tries to answer those questions, the issue becomes more complex. One kind of answer is that the criminal law is substantively wrong: that is, we assume valid norms of background political morality, and we argue that doctrinally the criminal law on the books does not embody those (...)
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  44. Seth Lazar (2012). The Morality and Law of War. In Andrei Marmor (ed.), Routledge Companion to the Philosophy of Law. Routledge.score: 21.0
    The revisionist critique of conventional just war theory has undoubtedly scored some important victories. Walzer’s elegantly unified defense of combatant legal equality and noncombatant immunity has been seriously undermined. This critical success has not, however, been matched by positive arguments, which when applied to the messy reality of war would deprive states and soldiers of the permission to fight wars that are plausibly thought to be justified. The appeal to law that is sought to resolve this objection by casting it (...)
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  45. Anthony Reeves (2014). The Binding Force of Nascent Norms of International Law. Canadian Journal of Law and Jurisprudence 28 (1):145-166.score: 21.0
    Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. Nascent norms of (...)
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  46. Jonathan Witmer-Rich (2011). It's Good to Be Autonomous: Prospective Consent, Retrospective Consent, and the Foundation of Consent in the Criminal Law. [REVIEW] Criminal Law and Philosophy 5 (3):377-398.score: 21.0
    What is the foundation of consent in the criminal law? Classically liberal commentators have offered at least three distinct theories. J.S. Mill contends we value consent because individuals are the best judges of their own interests. Joel Feinberg argues an individual’s consent matters because she has a right to autonomy based on her intrinsic sovereignty over her own life. Joseph Raz also focuses on autonomy, but argues that society values autonomy as a constituent element of individual well-being, which it is (...)
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  47. Darryl Brown (2009). History's Challenge to Criminal Law Theory. Criminal Law and Philosophy 3 (3):271-287.score: 21.0
    After briefly sketching an historical account of criminal law that emphasizes its longstanding reach into social, commercial and personal life outside the core areas of criminal offenses, this paper explores why criminal law theory has never succeeded in limiting the content of criminal codes to offenses that fit the criteria of dominant theories, particularly versions of the harm principle. Early American writers on criminal law endorsed no such limiting principles to criminal law, and early American criminal law consequently was substantively (...)
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  48. L. Morawski (1999). Law, Fact and Legal Language. Law and Philosophy 18 (5):461-473.score: 21.0
    This paper discusses the difference between the factual and the legal, both as to terms and as to statements, on the analogy of the methodologists' distinction of the observational and the theoretical. No absolute distinction exists, and pure `brute facts' do not exist in law because of the socialisation of physical world and juridification of the social world.; also, the effect of evidentiary constraints. Law/fact distinction depends on `applicability rules'. The problem of `mixed terms' is partly a matter of judicial (...)
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  49. Douglas Husak (2013). The Philosophy of Criminal Law: Extending the Debates. [REVIEW] Criminal Law and Philosophy 7 (2):351-365.score: 21.0
    Larry Alexander and Peter Westen each critically examine different topics from my recent collection of essays, The Philosophy of Criminal Law. Alexander focuses on my “Rapes Without Rapists,” “Mistake of Law and Culpability,” and “Already Punished Enough.” Westen offers a more extended commentary on my “Transferred Intent.” I briefly reply to each critic in turn and try to extend the debates in new directions.
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  50. Anthony Reeves (2010). The Moral Authority of International Law. APA Newsletter on Philosophy and Law 10 (1):13-18.score: 21.0
    How should international law figure into the practical reasoning of agents who fall under its jurisdiction? How should the existence of an international legal norm regulating some activity affect a subject’s decision-making about that activity? This is a question concerning the general moral authority of international law. It concerns not simply the kind of authority international law claims, but the character of the authority it actually has. An authority, as I will use the term, is moral obligation producing: if x (...)
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