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: 192.0
    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. 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: 120.0
  3. 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: 120.0
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  4. Michael A. Menlowe & Christine Sypnowich (1991). The Concept of Socialist Law. Philosophical Quarterly 41 (162):117.score: 120.0
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  5. 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: 120.0
  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: 120.0
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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: 120.0
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  8. Bruce Wardhaugh (1991). Christine Sypnowich, The Concept of Socialist Law Reviewed By. Philosophy in Review 11 (6):427-429.score: 120.0
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  9. Olufemi Taiwo (1996). Legal Naturalism: A Marxist Theory of Law. Cornell University Press.score: 84.0
    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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  10. John B. Quigley (2007). Soviet Legal Innovation and the Law of the Western World. Cambridge University Press.score: 84.0
    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. Frédéric Bastiat (1998). The Law. Foundation for Economic Education.score: 78.0
     
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  12. Lev Samoĭlovich I͡Avich (1981). The General Theory of Law: Social and Philosophical Problems. Progress.score: 78.0
     
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  13. 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: 78.0
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  14. Evgeniĭ Bronislavovich Pashukanis (1978). Law and Marxism: A General Theory. Ink Links.score: 78.0
  15. 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: 78.0
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  16. Hugh Webster Babb (ed.) (1951). Soviet Legal Philosophy. Cambridge, Harvard University Press.score: 72.0
    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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  17. John E. Roemer (2010). Jerry Cohens Why Not Socialism? Some Thoughts. Journal of Ethics 14 (3-4):255-262.score: 66.0
    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. Edward Feser (2010). Classical Natural Law Theory, Property Rights, and Taxation. Social Philosophy and Policy 27 (1):21-52.score: 54.0
    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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  19. Tom Campbell (2004). Prescriptive Legal Positivism: Law, Rights and Democracy. Cavendish Publishing.score: 54.0
    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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  20. Ernst Bloch (1987). Natural Law and Human Dignity. The Mit Press.score: 54.0
    This book represents a unique attempt to reconcile the traditional oppositions of the natural law and social utopian traditions, providing basic insights into the meaning of human rights in a socialist society.
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  21. Thaddeus Metz (2004). Justice and the Law. In Christopher Roederer & Darrel Moellendorf (eds.), Jurisprudence. Juta. 382-411.score: 54.0
    This chapter discusses major theories of domestic justice in the context of South African Constitutional, statutory and case law. It begins by considering when it is permissible for legislators to restrict civil liberty. South Africa's Parliament has criminalised prostitution, liquor sales on Sundays and marijuana use, actions that few liberals would say should be illegal. However, South African law permits abortion, gambling and homosexual relationships, which many conservatives would criminalise. Is there any deep inconsistency here? Should South Africa become more (...)
     
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  22. Mika Ojakangas (2009). Carl Schmitt and the Sacred Origins of Law. Telos 2009 (147):34-54.score: 54.0
    During the formative years of National Socialist Germany, Carl Schmitt abandoned the decisionism he had been developing since the beginning of his career and turned toward institutionalism, known also as “concrete order thinking” and the philosophy of nomos. Schmitt had outlined his decisionist theory as a critical response to the normativist approach in legal positivism represented especially by Hans Kelsen. In Schmitt's understanding, normativism identified law (Recht) with legal rules and norms, dismissing the existential dimension of personal judgment and decision (...)
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  23. Xiangdong Wu (2008). Socialist Harmonious Society From the Perspective of Values. Proceedings of the Xxii World Congress of Philosophy 50:853-856.score: 54.0
    The statement “Building the socialist harmonious society” contains the recognition and understanding of the conflicts of values in the contemporary society. The connotation of socialist harmonious society contains its own dominant values: In the relations of person-to-person, it requires democracy to guarantee the achievement of freedom and rule of law to ensure social fairness and justice. In the relationship of human and nature, it demands harmony between man and nature and the coordinated and sustainable development of economy, society and ecology. (...)
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  24. D. F. B. Tucker (1989). Are Rights Meaningful Under Socialism? Critical Review 3 (3-4):554-567.score: 54.0
    THE LEFT AND RIGHTS: A CONCEPTUAL ANALYSIS OF SOCIALIST RIGHTS by Tom Campbell Boston: Routledge and Kegan Paul, 1983. 296 pp., $12.95 Campbell's attempt to construct a socialist version of rights and the rule of law fails because it does not draw on individualism. Campbell's positive rights are ineffective barrien to both the schemes of Utopian visionaries who command political authority and more mundane sources of the abuse of power. He leaves unanswered the question of who will determine the extent (...)
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  25. Bjarne Melkevik (2010). Marxisme Et Philosophie du Droit: Le Cas Pasukanis. Buenos Books International.score: 48.0
    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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  26. 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: 48.0
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  27. Harold J. Berman & Howard O. Hunter (eds.) (1996). The Integrative Jurisprudence of Harold J. Berman. Westviewpress.score: 48.0
     
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  28. Xingliang Chen (2004). Fa Wai Shuo Fa: Chen Xingliang Xu Ba Ji. Fa Lü Chu Ban She.score: 48.0
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  29. Masayasu Hasegawa (1952). Marukushizumu Hōgaku Nyūmon.score: 48.0
     
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  30. Wen Liu (2006). Kong Xiang She Hui Zhu Yi Fa Xue Si Chao =. Fa Lü Chu Ban She.score: 48.0
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  31. Fernando Lizárraga (2006). La Justicia En El Pensamiento de Ernesto Che Guevara. Editorial de Ciencias Sociales.score: 48.0
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  32. Guohua Sun (2007). Sun Guohua Zi Xuan Ji. Zhongguo Ren Min da Xue Chu Ban She.score: 48.0
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  33. Vladimir Aleksandrovich Tumanov (1974). Contemporary Bourgeois Legal Thought: A Marxist Evaluation of the Basic Concepts. Progress Publishers.score: 48.0
     
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  34. 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: 48.0
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  35. Paul Q. Hirst (1979). On Law and Ideology. Humanities Press.score: 42.0
     
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  36. Jean-François Lyotard (1988). Peregrinations: Law, Form, Event. Columbia University Press.score: 42.0
  37. I. D. Ermolaev (1983). The Dialectics of the Mechanisms of Action and of Utilization of Social Laws Under Developed Socialism. Russian Studies in Philosophy 22 (3):86-93.score: 40.0
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  38. D. K. Buse (1977). From the Law Against Socialists to Worker Participation. Philosophy and History 10 (2):248-251.score: 40.0
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  39. A. P. Butenko (1967). Societal Laws and Forms Involved in the Evolution Toward Socialism. Russian Studies in Philosophy 6 (3):23-33.score: 40.0
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  40. T. Valov (1980). The Objective Social Laws and the Subjective Factors of the Socialist Building Up. Filosoficky Casopis 28 (2):154-166.score: 40.0
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  41. Stephen Guest (1991). Ronald Dworkin. Stanford University Press.score: 36.0
    This is a lucid and comprehensive introduction to, and critical assessment of, Ronald Dworkin's seminal contributions to legal and political philosophy. His theories have a complexity, originality, and moral power that have excited a wide range of academic and political thinkers, and even those who disagree with him acknowledge that his ideas must be confronted and given serious consideration. His enormous output of books and papers and his formidable profusion of lectures and seminars throughout the world, in addition to his (...)
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  42. G. V. Plekhanov, Anarchism and Socialism.score: 36.0
    According to Proudhon, before Kant, the believer and the philosopher moved “by an irresistible impulse,” asked themselves, “What is God!” They then asked themselves “Which, of all religions, is the best!” “In fact, if there does exist a Being superior to Humanity, there must also exist a system of the relations between this Being and Humanity. What then is this system! The search for the best religion is the second step that the human mind takes in reason and in faith. (...)
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  43. Leïla Choukroune (2009). "Harmonious" Norms for Global Marketing the Chinese Way. Journal of Business Ethics 88 (3):411 - 432.score: 36.0
    Whereas the concept of "socialist rule of law" punctuated political discourse in the late 1990s, the idea of a "socialist harmonious society" is today casting a strange light on Chinese legal reform. Is there a Confucian vision of China's marketing law and practice? To what extent have China's norms for marketing, mainly intellectual property and advertising law, been challenged by the new government policy toward a harmonious society? In the post World Trade Organization accession period, the theoretical framework of the (...)
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  44. Ulrike Davy (2013). The Rise of the "Global Social": Origins and Transformations of Social Rights Under UN Human Rights Law. International Journal of Social Quality 3 (2):41-59.score: 36.0
    The article explores how national social policy ideas and UN-sponsored international social rights interrelate, historically and recently. Based on UN documents of the 1940s and 1950s, the article argues that UN-sponsored social rights – the "global social" – originally did not primarily reflect welfare statism (as taken for granted today), but drew on competing ideas (liberal welfare statism, developmental thinking, socialism). Based on an analysis of the state reports under the Social Covenant from 1977 to 2011, the article also (...)
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  45. Jill O. Jasperson (2009). Progress Toward the Rule of Law in China. International Journal of Applied Philosophy 23 (2):249-270.score: 36.0
    A small sample of sitting Chinese judges was each asked to describe a difficult case, what ethical issues were involved in the case, and how ethics hampered the case, among other questions. The narratives of the cases from family settings suggest—rising from the stew of Chinese social, political, and legal history, the mix of socialist and Confucian ethics, and case facts—that future research on the influence of Confucian ethics may well show that Chinese judges moderate (“democratize”) the rigors of a (...)
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  46. Pablo López Álvarez (2010). Behemoth o la Ilustración devastada. Reconsiderando a Franz Neumann. Daimon:207-214.score: 36.0
    The aim of this paper is to review some implications of the work of the Frankfurt School theorist Franz Neumann, the author of Behemoth. The Structure and Practice of National Socialism (1942). Against the conception of National Socialism as a form of «state capitalism» (F. Pollock, M. Horkheimer), Neumann argues that German fascism should be read as a form of «totalitarian monopoly capitalism», that preserves the primacy of economic relations and threatens essential components of the modern idea of (...)
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  47. Oksana Mikheieva (2014). Традиційне Та Новаційне В Протидії Злочинним Проявам У Радянській Україні За Умов Лібералізації Суспільства Хрущовської Доби. Схід 6:232-237.score: 36.0
    State policy in the field of law enforcement during the Khrushchev's period wasn't a stabile. The first wave of changes was associated with the abolition of some legislative acts of the Stalinist period, a significant softening of punitive line, narrowing of the scope of capital punishment, empowerment convicted people etc. On the one hand, these steps are partially rehabilitating the Soviet law enforcement. On the other hand, government actions were unreasoned and populist, designed for quick political effect. The next wave (...)
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  48. Otto Friedrich von Gierke (1990). Community in Historical Perspective: A Translation of Selections From Das Deutsche Genossenschaftsrecht (the German Law of Fellowship). Cambridge University Press.score: 36.0
    This is the first English translation of the first work of Otto von Gierke, arguably the greatest historian of ideas of the nineteenth century. Community in Historical Perspective includes much of the first volume of Das Deutsche Genossenschaftsrecht, originally published in 1868, and the texts translated here have become essential reading for anyone interested not only in the history of ideas and alternatives to conventional socialism and liberalism, but also, as recent experience has shown, contemporary European affairs. Von Gierke's (...)
     
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  49. Andrzej Walicki (1987). Legal Philosophies of Russian Liberalism. Oxford University Press.score: 36.0
    In pre-revolutionary Russia, law was criticized from many points of view: in the name of Christ or the name of Marx, in defense of anarchism or of an idealized autocracy, on behalf of the "Russian soul" or of universal progress towards socialism. Examining the rich tradition of hostility to law, Walicki presents those Russian thinkers who boldly challenged this legacy of anti-legal prejudice by developing liberal philosophies of law, vindicating the value of human rights and rule of law. He (...)
     
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  50. 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: 27.0
    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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