Search results for 'Legal polycentricity' (try it on Scholar)

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  1. V. K. Bhatia, Christopher Candlin & Paola Evangelisti Allori (eds.) (2008). Language, Culture and the Law: The Formulation of Legal Concepts Across Systems and Cultures. Peter Lang.score: 96.0
    The volume presents a set of invited papers based on analyses of legal discourse drawn from a number of international contexts where often the English language ...
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  2. Yves Dezalay & Bryant G. Garth (eds.) (2002). Global Prescriptions: The Production, Exportation, and Importation of a New Legal Orthodoxy. University of Michigan Press.score: 96.0
    Global Prescriptions scrutinizes the movement to export a U.S.-oriented version of the " rule of law," found in the activities of philanthropic foundations, the World Bank, the U.S. Agency for International Development, and several other developmental organizations. Yves Dezalay and Bryant G. Garth have brought together a group of scholars from a variety of disciplines--anthropology, economics, history, law, political science, and sociology--to create tools for understanding this movement. Comprised of two sections, the volume first develops theoretical perspectives key to an (...)
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  3. Paul Schiff Berman (2012). Global Legal Pluralism: A Jurisprudence of Law Beyond Border. Cambridge University Press.score: 96.0
    A world of legal conflicts -- The limits of sovereigntist territoriality -- From universalism to cosmopolitanism -- Towards a cosmopolitan pluralist jurisprudence -- Procedural mechanisms, institutional designs, and discursive practices for managing pluralism -- The changing terrain of jurisdiction -- A cosmopolitan pluralist approach to choice of law -- Recognition of judgments and the legal negotiation of difference.
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  4. Brian Z. Tamanaha, Caroline Mary Sage & Michael J. V. Woolcock (eds.) (2012). Legal Pluralism and Development: Scholars and Practitioners in Dialogue. Cambridge University Press.score: 96.0
    Machine generated contents note: Part I. Origins and Contours: 1. Historical perspectives on legal pluralism Lauren Benton; 2. The rule of law and legal pluralism in development Brian Z. Tamanaha; 3. Bendable rules: the development implications of human rights pluralism David Kinley; 4. Legal pluralism and legal culture: mapping the terrain Sally Engle Merry; 5. Towards equity in development when the law is not the law: reflections on legal pluralism in practice Daniel Adler and So (...)
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  5. Eleanor Cashin-Ritaine, Seán Patrick Donlan & Martin Sychold (eds.) (2010). Comparative Law and Hybrid Legal Traditions: Lausanne, 10-11 September 2009. Schulthess.score: 90.0
     
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  6. Mireille Delmas-Marty (2009). Ordering Pluralism: A Conceptual Framework for Understanding the Transnational Legal World. Hart Pub..score: 90.0
     
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  7. Ari Hirvonen (ed.) (1998). Polycentricity: The Multiple Scenes of Law. Pluto Press.score: 90.0
     
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  8. Christian Joppke (2013). Legal Integration of Islam: A Transatlantic Comparison. Harvard University Press.score: 90.0
    Neutrality, liberalism, and islam integration in Europe and America -- Limits of excluding: the French burqa law of 2010 -- Limits of including: Germany's reticence to "cooperate" with organized Islam -- "Reasonable accommodation" and the limits of multiculturalism in Canada -- The dog that didn't bark: Islam and religious pluralism in the United States -- Islam and identity in the liberal state.
     
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  9. Max Travers (2010). Understanding Law and Society. Routledge.score: 66.0
    Classical thinkers -- The consensus tradition -- Critical perspectives -- Feminism and law -- The interpretive tradition -- Postmodernism and difference -- Legal pluralism and globalisation.
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  10. Albert Breton & M. J. Trebilcock (eds.) (2006). Bijuralism: An Economic Approach. Ashgate Pub. Company.score: 66.0
    Bijural services as factors of production -- Commentary A on Breton and Salmon -- Commentary B on Breton and Salmon -- The challenge of incomplete law and how different legal systems respond -- Commentary C on Pistor and Xu -- Commentary D on Pistor and Xu -- Coevolution as an influence in the development of legal systems -- Commentary E on Breton and Des Ormeaux -- Commentary F on Breton and Des Ormeaux -- The demand for bijurally trained (...)
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  11. Albert Breton (ed.) (2009). Multijuralism: Manifestations, Causes, and Consequences. Ashgate Pub..score: 66.0
    This volume represents some of the most current thinking in the area of multijuralism and is essential reading for anyone interested in the coexistence of legal ...
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  12. Jan Klabbers & Touko Piiparinen (eds.) (2013). Normative Pluralism and International Law: Exploring Global Governance. Cambridge University Press.score: 60.0
    This book addresses conflicts involving how law relates normative orders. The assumption behind the book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow.
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  13. Jean-Louis Bergel (ed.) (2005). Le Plurijuridisme: Actes du 8ème Congrés de l'Association Internationale de Méthodologie Juridique (Aix-En-Provence, 4-6 Septembre 2003). [REVIEW] Presses Universitaires d'Aix-Marseille.score: 60.0
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  14. Oscar Correas (2010). Teoría Del Derecho y Antropología Jurídica: Un Diálogo Inconcluso. Coyoacán.score: 60.0
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  15. Júlio Aurélio Vianna Lopes (2005). A invasão do direito: a expansão jurídica sobre o Estado, o mercado e a moral. FGV Editora.score: 60.0
    O gás sarin no metrô de Tóquio, as 'balas perdidas' no Rio de Janeiro e os ataques terroristas às torres gêmeas em Nova York ou ao transporte coletivo em Madri e Londres revelam que nossa sociedade interdependente é muito vulnerável.
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  16. Gerard Casey (2010). Reflections on Legal Polycentrism. Journal of Libertarian Studies 22:22-34.score: 50.0
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  17. Kenneth M. Ehrenberg (2011). The Anarchist Official: A Problem for Legal Positivism. Australian Journal of Legal Philosophy 36:89-112.score: 27.0
    I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system (...)
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  18. Andreas Wagner (2011). Francisco de Vitoria and Alberico Gentili on the Legal Character of the Global Commonwealth. Oxford Journal of Legal Studies 31 (3):565-582.score: 27.0
    In discussing the works of 16th-century theorists Francisco de Vitoria and Alberico Gentili, this article examines how two different conceptions of a global legal community affect the legal character of the international order and the obligatory force of international law. For Vitoria the legal bindingness of ius gentium necessarily presupposes an integrated character of the global commonwealth that leads him to as it were ascribe legal personality to the global community as a whole. But then its (...)
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  19. David Gawthorne (2013). Fictionalising Jurisprudence: An Introduction to Strong Legal Fictionalism. Australian Journal of Legal Philosophy 38:52-73.score: 27.0
    The proposed theoretical motivation for legal fictionalism begins by focusing upon the seemingly supernatural powers of creation and control that mere mortals exercise over legal things, as a subclass of socially constructed things. This focus brings to the fore a dilemma of uncharitableness concerning the ontological commitments expressed in the discourse of whole societies about such things. Either, there is widespread equivocation as to the fundamental concept expressed by terms such as ‘existence’ or our claims about legal (...)
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  20. Alexander A. Guerrero (2012). Lawyers, Context, and Legitimacy: A New Theory of Legal Ethics. Georgetown Journal of Legal Ethics 25 (1):107-164.score: 27.0
    Even good lawyers get a bad rap. One explanation for this is that the professional rules governing lawyers permit and even require behavior that strikes many as immoral. The standard accounts of legal ethics that seek to defend these professional rules do little to dispel this air of immorality. The revisionary accounts of legal ethics that criticize the professional rules inject a hearty dose of morality, but at the cost of leaving lawyers unrecognizable as lawyers. This article suggests (...)
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  21. Maria Drakopoulou (2000). The Ethic of Care, Female Subjectivity and Feminist Legal Scholarship. Feminist Legal Studies 8 (2):199-226.score: 27.0
    The object of this essay is to explore the central role played by the ‘ethic of care’ in debates within and beyond feminist legal theory. The author claims that the ethic of care has attracted feminist legal scholars in particular, as a means of resolving the theoretical, political and strategic difficulties to which the perceived ‘crisis of subjectivity’ in feminist theory has given rise. She argues that feminist legal scholars are peculiarly placed in relation to this crisis (...)
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  22. Thérèse Murphy & Noel Whitty (2006). The Question of Evil and Feminist Legal Scholarship. Feminist Legal Studies 14 (1):1-26.score: 27.0
    In this article, we argue that feminist legal scholars should engage directly and explicitly with the question of evil. Part I summarises key facts surrounding the prosecution and life-long imprisonment of Myra Hindley, one of a tiny number of women involved in multiple killings of children in recent British history. Part II reviews a range of commentaries on Hindley, noting in particular the repeated use of two narratives: the first of these insists that Hindley is an icon of female (...)
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  23. Fiona M. Kay & Joan Brockman (2000). Barriers to Gender Equality in the Canadian Legal Establishment. Feminist Legal Studies 8 (2):169-198.score: 27.0
    In this paper we trace the historical exclusion of women from the legal profession in Canada. We examine women’s efforts to gain entry to law practice and their progress through the last century. The battle to gain entry to this exclusive profession took place on many fronts: in the courts, government legislature, public debate and media, and behind the closed doors of the law societies. After formal barriers to entry were dismantled, women continued to confront formidable barriers through overt (...)
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  24. Lucinda Vandervort (2012). Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in Edmondson, Kindrat and Brown. In Elizabeth Sheehy (ed.), SEXUAL ASSAULT IN CANADA: LAW, LEGAL PRACTICE & WOMEN'S ACTIVISM, Chapter 6, pp. 113-153. University of Ottawa Press.score: 27.0
    In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of (...)
     
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  25. Robert Alexy (2002). The Argument From Injustice: A Reply to Legal Positivism. Oxford University Press.score: 24.0
    At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law.
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  26. 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: 24.0
    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 (...)
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  27. Ian Proops (2003). Kant's Legal Metaphor and the Nature of a Deduction. Journal of the History of Philosophy 41 (2):209-229.score: 24.0
    This essay partly builds on and partly criticizes a striking idea of Dieter Henrich. Henrich argues that Kant's distinction in the first Critique between the question of fact (quid facti) and the question of law (quid juris) provides clues to the argumentative structure of a philosophical "Deduction". Henrich suggests that the unity of apperception plays a role analogous to a legal factum. By contrast, I argue, first, that the question of fact in the first Critique is settled by the (...)
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  28. David Luban (2007). Legal Ethics and Human Dignity. Cambridge University Press.score: 24.0
    David Luban is one of the world's leading scholars of legal ethics. In this collection of his most significant papers from the past twenty-five years, he ranges over such topics as the moral psychology of organisational evil, the strengths and weaknesses of the adversary system, and jurisprudence from the lawyer's point of view. His discussion combines philosophical argument, legal analysis and many cases drawn from actual law practice, and he defends a theory of legal ethics that focuses (...)
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  29. F. Atria (1999). Legal Reasoning and Legal Theory Revisited. Law and Philosophy 18 (5):537-577.score: 24.0
    This article deals with the relation between a theory of law and a theory of legal reasoning. Starting from a close reading of Chapter VII of H. L. A. Hart's The Concept of Law, it claims that a theory of law like Hart's requires a particular theory of legal reasoning, or at least a theory of legal reasoning with some particular characteristics. It then goes on to say that any theory of legal reasoning that satisfies those (...)
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  30. Tom Campbell (2004). Prescriptive Legal Positivism: Law, Rights and Democracy. Cavendish Publishing.score: 24.0
    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 (...)
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  31. Amalia Amaya (2007). Formal Models of Coherence and Legal Epistemology. Artificial Intelligence and Law 15 (4):429-447.score: 24.0
    This paper argues that formal models of coherence are useful for constructing a legal epistemology. Two main formal approaches to coherence are examined: coherence-based models of belief revision and the theory of coherence as constraint satisfaction. It is shown that these approaches shed light on central aspects of a coherentist legal epistemology, such as the concept of coherence, the dynamics of coherentist justification in law, and the mechanisms whereby coherence may be built in the course of legal (...)
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  32. Kimberley Brownlee (2008). Legal Obligation as a Duty of Deference. Law and Philosophy 27 (6):583 - 597.score: 24.0
    An enduring question in political and legal philosophy concerns whether we have a general moral obligation to follow the law. In this paper, I argue that Philip Soper’s intuitively appealing effort to give new life to the idea of legal obligation by characterising it as a duty of deference is ultimately unpersuasive. Soper claims that people who understand what a legal system is and admit that it is valuable must recognise that they would be morally inconsistent to (...)
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  33. Robert P. George (ed.) (1996). The Autonomy of Law: Essays on Legal Positivism. Oxford University Press.score: 24.0
    This collection of original papers from distinguished legal theorists offers a challenging assessment of the nature and viability of legal positivism, a branch of legal theory which continues to dominate contemporary legal theoretical debates. To what extent is the law adequately described as autonomous? Should law claim autonomy? These and other questions are addressed by the authors in this carefully edited collection, and it will be of interest to all lawyers and scholars interested in legal (...)
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  34. Geoffrey C. Hazard (2004). Legal Ethics: A Comparative Study. Stanford University Press.score: 24.0
    Examining legal ethics within the framework of modern practice, this book identifies two important ethical issues that all lawyers confront: the difference between the role of lawyers and the role of judges in pursuing justice, and the conflicting responsibilities lawyers have to their clients and to the legal system more broadly. In addressing these issues, Legal Ethics provides an explanation of the duties and dilemmas common to practicing lawyers in modern legal systems throughout the world. The (...)
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  35. Thom Brooks (2005). Hegel's Ambiguous Contribution to Legal Theory. Res Publica 11 (1):85-94.score: 24.0
    Hegel's legacy is particularly controversial, not least in legal theory. He has been classified as a proponent of either natural law, legal positivism, the historical school, pre-Marxism, postmodern critical theory, and even transcendental legal theory. To what degree has Hegel actually influenced contemporary legal theorists? This review article looks at Michael Salter's collection Hegel and Law. I look at articles on civil disobedience, contract law, feminism, and punishment. I conclude noting similarities between Hegel's legal theory (...)
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  36. Wilfrid J. Waluchow (1994). Inclusive Legal Positivism. Oxford University Press.score: 24.0
    This book develops a general philosophical theory about the nature of law and its relationship with morality called inclusive legal positivism. In addition to articulating and defending his own version of legal positivism, which is a refinement and development of the views of H.L.A. Hart as expressed in his classic book The Concept of Law, the author clarifies the terms of current jurisprudential debates about the nature of law. These debates are often clouded by failures to appreciate that (...)
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  37. Jeffrie G. Murphy (2006). Legal Moralism and Retribution Revisited. Criminal Law and Philosophy 1 (1):5-20.score: 24.0
    This is a slightly revised text of Jeffrie G. Murphy’s Presidential Address delivered to the American Philosophical Association, Pacific Division, in March 2006. In the essay the author reconsiders two positions he had previously defended—the liberal attack on legal moralism and robust versions of the retributive theory of punishment—and now finds these positions much more vulnerable to legitimate attack than he had previously realized. In the first part of the essay, he argues that the use of Mill’s liberal harm (...)
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  38. Matthew H. Kramer (2012). What Is Legal Philosophy? Metaphilosophy 43 (1-2):125-134.score: 24.0
    This article delineates some of the main issues that are debated by philosophers of law. It explores the connections between legal philosophy and other areas of philosophy, while also seeking to specify the distinctiveness of many of the concerns that have preoccupied philosophers of law. It illustrates its abstract points with examples focused on the separability of law and morality, the nature of the rule of law, the nature of rights, justifications for the imposition of punishment, and the identification (...)
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  39. Matthew H. Kramer (1999). In Defense of Legal Positivism: Law Without Trimmings. Oxford University Press.score: 24.0
    This book is an uncompromising defense of legal positivism that insists on the separability of law and morality. After distinguishing among three facets of morality, Kramer explores a variety of ways in which law has been perceived as integrally connected to each of those facets. The book concludes with a detailed discussion of the obligation to obey the law--a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the domain (...)
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  40. Lawrence B. Solum (1992). Legal Personhood for Artificial Intelligences. North Carolina Law Review 70:1231.score: 24.0
    Could an artificial intelligence become a legal person? As of today, this question is only theoretical. No existing computer program currently possesses the sort of capacities that would justify serious judicial inquiry into the question of legal personhood. The question is nonetheless of some interest. Cognitive science begins with the assumption that the nature of human intelligence is computational, and therefore, that the human mind can, in principle, be modelled as a program that runs on a computer. Artificial (...)
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  41. Robert S. Summers (1999). Formal Legal Truth and Substantive Truth in Judicial Fact-Finding -- Their Justified Divergence in Some Particular Cases. Law and Philosophy 18 (5):497 - 511.score: 24.0
    Truth is a fundamental objective of adjudicative processes; ideally, substantive as distinct from formal legal truth. But problems of evidence, for example, may frustrate finding of substantive truth; other values may lead to exclusions of probative evidence, e.g., for the sake of fairness. Jury nullification and jury equity. Limits of time, and definitiveness of decision, require allocation of burden of proof. Degree of truth-formality is variable within a system and across systems.
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  42. Elena Pribytkova (2009). Personality, Person, Subject in Russian Legal Philosophy at the Turn of the Twentieth Century. Studies in East European Thought 61 (2/3):209 - 220.score: 24.0
    The problem of the legal person is a central issue in legal philosophy and the theory of law. In this article I examine the semantic meaning of the concept of the person in Russian philosophy at the turn of the twentieth century, considered to be the "Golden Age" of Russian legal thought. This provides an overview of the conception of the personality in the context of different legal approaches (theory of natural law, legal positivism, the (...)
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  43. G. Pino (1999). The Place of Legal Positivism in Contemporary Constitutional States. Law and Philosophy 18 (5):513-536.score: 24.0
    The aim of the paper is that of discussing some recent antipositivist theses, with specific reference to the arguments that focus on the alleged incapability of legal positivism to understand and explain the complex normative structure of constitutional states. One of the central tenets of legal positivism (in its guise of ``methodological'' or ``conceptual'' positivism) is the theory of the separation between law and morality. On the assumption that in contemporary legal systems, constitutional law represents a point (...)
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  44. Kathleen Freeman & Arthur M. Farley (1996). A Model of Argumentation and its Application to Legal Reasoning. Artificial Intelligence and Law 4 (3-4):163-197.score: 24.0
    We present a computational model of dialectical argumentation that could serve as a basis for legal reasoning. The legal domain is an instance of a domain in which knowledge is incomplete, uncertain, and inconsistent. Argumentation is well suited for reasoning in such weak theory domains. We model argument both as information structure, i.e., argument units connecting claims with supporting data, and as dialectical process, i.e., an alternating series of moves by opposing sides. Our model includes burden of proof (...)
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  45. Thomas Søbirk Petersen (2010). New Legal Moralism: Some Strengths and Challenges. [REVIEW] Criminal Law and Philosophy 4 (2):215-232.score: 24.0
    The aim of this paper is to critically discuss the plausibility of legal moralism with an emphasis on some central and recent versions. First, this paper puts forward and defends the thesis that recently developed varieties of legal moralism promoted by Robert P. George, John Kekes and Michael Moore are more plausible than Lord Devlin's traditional account. The main argument for this thesis is that in its more modern versions legal moralism is immune to some of the (...)
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  46. Anthony James Sebok (1998). Legal Positivism in American Jurisprudence. Cambridge University Press.score: 24.0
    This book represents a serious and philosophically sophisticated guide to modern American legal theory, demonstrating that legal positivism has been a misunderstood and underappreciated perspective through most of twentieth-century American legal thought. Anthony Sebok traces the roots of positivism through the first half of the twentieth century, and rejects the view that one must adopt some version of natural law theory in order to recognize moral principles in the law. On the contrary, once one corrects for the (...)
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  47. Theodore M. Benditt (1978). Law as Rule and Principle: Problems of Legal Philosophy. Stanford University Press.score: 24.0
    Legal Realism Judges ascertain and apply the law. This is what almost everyone would suppose, and legal writers as far apart in their views of law as Sir ...
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  48. 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: 24.0
    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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  49. Jos Lehmann & Aldo Gangemi (2007). An Ontology of Physical Causation as a Basis for Assessing Causation in Fact and Attributing Legal Responsibility. Artificial Intelligence and Law 15 (3):301-321.score: 24.0
    Computational machineries dedicated to the attribution of legal responsibility should be based on (or, make use of) a stack of definitions relating the notion of legal responsibility to a number of suitably chosen causal notions. This paper presents a general analysis of legal responsibility and of causation in fact based on Hart and Honoré’s work. Some physical aspects of causation in fact are then treated within the “lite” version of DOLCE foundational ontology written in OWL-DL, a standard (...)
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  50. William Hirstein & Katrina Sifferd (2011). The Legal Self: Executive Processes and Legal Theory. Consciousness and Cognition 20 (1):151-176.score: 24.0
    When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the (...)
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