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

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  1.  10
    Paul Schiff Berman (2012). Global Legal Pluralism: A Jurisprudence of Law Beyond Border. Cambridge University Press.
    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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  2.  33
    Yves Dezalay & Bryant G. Garth (eds.) (2002). Global Prescriptions: The Production, Exportation, and Importation of a New Legal Orthodoxy. University of Michigan Press.
    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.  30
    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.
    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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  4.  7
    Brian Z. Tamanaha, Caroline Mary Sage & Michael J. V. Woolcock (eds.) (2012). Legal Pluralism and Development: Scholars and Practitioners in Dialogue. Cambridge University Press.
    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. Christian Joppke (2013). Legal Integration of Islam: A Transatlantic Comparison. Harvard University Press.
    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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  6. Mireille Delmas-Marty (2009). Ordering Pluralism: A Conceptual Framework for Understanding the Transnational Legal World. Hart Pub..
     
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  7. Eleanor Cashin-Ritaine, Seán Patrick Donlan & Martin Sychold (eds.) (2010). Comparative Law and Hybrid Legal Traditions: Lausanne, 10-11 September 2009. Schulthess.
     
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  8. Ari Hirvonen (ed.) (1998). Polycentricity: The Multiple Scenes of Law. Pluto Press.
     
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  9.  2
    Albert Breton & M. J. Trebilcock (eds.) (2006). Bijuralism: An Economic Approach. Ashgate Pub. Company.
    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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  10.  3
    Albert Breton (ed.) (2009). Multijuralism: Manifestations, Causes, and Consequences. Ashgate Pub..
    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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  11.  10
    Max Travers (2010). Understanding Law and Society. Routledge.
    Classical thinkers -- The consensus tradition -- Critical perspectives -- Feminism and law -- The interpretive tradition -- Postmodernism and difference -- Legal pluralism and globalisation.
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  12. 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.
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  13. Oscar Correas (2010). Teoría Del Derecho y Antropología Jurídica: Un Diálogo Inconcluso. Coyoacán.
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  14.  4
    Jan Klabbers & Touko Piiparinen (eds.) (2013). Normative Pluralism and International Law: Exploring Global Governance. Cambridge University Press.
    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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  15. Júlio Aurélio Vianna Lopes (2005). A invasão do direito: a expansão jurídica sobre o Estado, o mercado e a moral. FGV Editora.
    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. Thérèse Murphy & Noel Whitty (2006). The Question of Evil and Feminist Legal Scholarship. Feminist Legal Studies 14 (1):1-26.
    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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  17. Kenneth M. Ehrenberg (2011). The Anarchist Official: A Problem for Legal Positivism. Australian Journal of Legal Philosophy 36:89-112.
    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.  11
    Maria Drakopoulou (2000). The Ethic of Care, Female Subjectivity and Feminist Legal Scholarship. Feminist Legal Studies 8 (2):199-226.
    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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  19.  42
    Alexander A. Guerrero (2012). Lawyers, Context, and Legitimacy: A New Theory of Legal Ethics. Georgetown Journal of Legal Ethics 25 (1):107-164.
    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 (...)
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  20.  29
    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.
    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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  21.  1
    Fiona M. Kay & Joan Brockman (2000). Barriers to Gender Equality in the Canadian Legal Establishment. Feminist Legal Studies 8 (2):169-198.
    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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  22. 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,. Ottawa: University of Ottawa Press 111-150.
    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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  23.  79
    Kenneth M. Ehrenberg (2015). Law’s Artifactual Nature: How Legal Institutions Generate Normativity. In George Pavlakos & Veronica Rodriguez-Blanco (eds.), Reasons and Intentions in Law and Practical Agency. Cambridge University Press 247-266.
    I argue that law is best understood as an institutionalized abstract artifact. Using the ideas of John Searle on institutions and Amie Thomasson on artifacts, I show how the law is capable of generating new reasons for action, arguing against recent work by David Enoch who holds that legal reason-giving is ultimately a form of triggering conditional reasons.
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  24.  23
    Marek Piechowiak (2016). Thomas Aquinas – Human Dignity and Conscience as a Basis for Restricting Legal Obligations. Diametros 47:64-83.
    In contemporary positive law there are legal institutions, such as conscientious objection in the context of military service or “conscience clauses” in medical law, which for the sake of respect for judgments of conscience aim at restricting legal obligations. Such restrictions are postulated to protect human freedom in general. On the basis of Thomas Aquinas’ philosophy, it shall be argued that human dignity, understood as the existential perfection of a human being based on special unity, provides a (...)
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  25. Robert Alexy (2002). The Argument From Injustice: A Reply to Legal Positivism. Oxford University Press.
    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. Ben Hachey & Claire Grover (2006). Extractive Summarisation of Legal Texts. Artificial Intelligence and Law 14 (4):305-345.
    We describe research carried out as part of a text summarisation project for the legal domain for which we use a new XML corpus of judgments of the UK House of Lords. These judgments represent a particularly important part of public discourse due to the role that precedents play in English law. We present experimental results using a range of features and machine learning techniques for the task of predicting the rhetorical status of sentences and for the task of (...)
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  27. Neil MacCormick (2007). Institutions of Law: An Essay in Legal Theory. Oxford University Press.
    On normative order -- On institutional order-- Law and the constitutional state -- A problem : rules or habits? -- On persons -- Wrongs and duties -- Legal positions and relations : rights and obligations -- Legal relations and things : property -- Legal powers and validity -- Powers and public law : law and politics -- Constraints on power : fundamental rights -- Criminal law and civil society : law and morality -- Private law and civil (...)
     
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  28.  80
    Matthew H. Kramer (1999). In Defense of Legal Positivism: Law Without Trimmings. Oxford University Press.
    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 (...)
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  29.  16
    Mitchell Travis (2015). We ’Re All Infected: Legal Personhood, Bare Life and The Walking Dead‘. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (4):787-800.
    This article argues that greater theoretical attention should be paid to the figure of the zombie in the fields of law, cultural studies and philosophy. Using The Walking Dead as a point of critical departure concepts of legal personhood are interrogated in relation to permanent vegetative states, bare life and the notion of the third person. Ultimately, the paper recommends a rejection of personhood; instead favouring a legal and philosophical engagement with humanity and embodiment. Personhood, it (...)
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  30.  33
    R. A. Duff (2014). Towards a Modest Legal Moralism. Criminal Law and Philosophy 8 (1):217-235.
    After distinguishing different species of Legal Moralism I outline and defend a modest, positive Legal Moralism, according to which we have good reason to criminalize some type of conduct if it constitutes a public wrong. Some of the central elements of the argument will be: the need to remember that the criminal law is a political, not a moral practice, and therefore that in asking what kinds of conduct we have good reason to criminalize, we must begin not (...)
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  31.  29
    Norman Fenton, Martin Neil & David A. Lagnado (2013). A General Structure for Legal Arguments About Evidence Using Bayesian Networks. Cognitive Science 37 (1):61-102.
    A Bayesian network (BN) is a graphical model of uncertainty that is especially well suited to legal arguments. It enables us to visualize and model dependencies between different hypotheses and pieces of evidence and to calculate the revised probability beliefs about all uncertain factors when any piece of new evidence is presented. Although BNs have been widely discussed and recently used in the context of legal arguments, there is no systematic, repeatable method for modeling legal arguments as (...)
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  32.  53
    Wilfrid J. Waluchow (1994). Inclusive Legal Positivism. Oxford University Press.
    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 (...)
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  33. Ian Proops (2003). Kant's Legal Metaphor and the Nature of a Deduction. Journal of the History of Philosophy 41 (2):209-229.
    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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  34.  17
    Luka Burazin (2015). The Rule of Recognition and the Emergence of a Legal System. Revus 27.
    The paper claims that the rule of recognition, given the way it is presented by Hart, cannot be a constitutive rule of any legal system as a whole, but rather a constitutive rule of legal rules as elements of a legal system. Since I take the legal system to be an institutional artifact kind, I claim that, in order to account for a legal system as a whole, at least two further constitutive (...)
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  35.  48
    Thomas Søbirk Petersen (2010). New Legal Moralism: Some Strengths and Challenges. [REVIEW] Criminal Law and Philosophy 4 (2):215-232.
    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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  36.  64
    Jeffrie G. Murphy (2006). Legal Moralism and Retribution Revisited. Criminal Law and Philosophy 1 (1):5-20.
    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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  37.  70
    Anne Bottomley (2004). Shock to Thought: An Encounter (of a Third Kind) with Legal Feminism. [REVIEW] Feminist Legal Studies 12 (1):29-65.
    This paper takes a recently published text and, in examining it closely, argues that it exemplifies trends within feminist scholarship in law, which might be characterised asestablishing a form of orthodoxy. The paper explores some of the ways in which thiso rthodoxy is constructed and presented, and argues that it is characterised by a commitment both to `grand theory' and Hegelian dialectics. The adoption of this model of work seems to offer a chance to hold together the triangular figure of (...)
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  38.  46
    William Hirstein & Katrina Sifferd (2011). The Legal Self: Executive Processes and Legal Theory. Consciousness and Cognition 20 (1):151-176.
    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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  39.  16
    Lorena Ramírez Ludeña (2015). Legal Disagreements. A Pluralist Reply to Dworkin’s Challenge. Revus.
    In this paper I analyse the problem of legal disagreements, initially raised by Ronald Dworkin against Hartian positivism. According to Dworkin, disagreements are pervasive, since law is an argumentative practice in which participants invoke normative arguments. Positivists, who claim that law depends upon agreement among officials, have difficulties to make sense of the fact that lawyers frequently disagree. I first present the main arguments in the debate. I then go on to distinguish different levels at which lawyers disagree. Taking (...)
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  40.  29
    Mark Kelman (1987). A Guide to Critical Legal Studies. Harvard University Press.
    This book outlines and evaluates the principal strands of critical legal studies, and achieves much more as well.
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  41.  12
    Henry Prakken (2008). Formalising Ordinary Legal Disputes: A Case Study. [REVIEW] Artificial Intelligence and Law 16 (4):333-359.
    This paper presents a formal reconstruction of a Dutch civil legal case in Prakken’s formal model of adjudication dialogues. The object of formalisation is the argumentative speech acts exchanged during the dispute by the adversaries and the judge. The goal of this formalisation is twofold: to test whether AI & law models of legal dialogues in general, and Prakken’s model in particular, are suitable for modelling particular legal procedures; and to learn about the process of formalising an (...)
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  42.  29
    Alison Chorley & Trevor Bench-Capon (2005). An Empirical Investigation of Reasoning with Legal Cases Through Theory Construction and Application. Artificial Intelligence and Law 13 (3-4):323-371.
    In recent years several proposals to view reasoning with legal cases as theory construction have been advanced. The most detailed of these is that of Bench-Capon and Sartor, which uses facts, rules, values and preferences to build a theory designed to explain the decisions in a set of cases. In this paper we describe CATE (CAse Theory Editor), a tool intended to support the construction of theories as described by Bench-Capon and Sartor, and which produces (...)
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  43.  64
    Fernando Prieto Ramos (2015). Quality Assurance in Legal Translation: Evaluating Process, Competence and Product in the Pursuit of Adequacy. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (1):11-30.
    Building on a functionalist framework for decision-making in legal translation, a holistic approach to quality is presented in order to respond to the specificities of this field and overcome the shortcomings of general models of translation quality evaluation. The proposed approach connects legal, contextual, macrotextual and microtextual variables for the definition of the translation adequacy strategy, which guides problem-solving and the rest of the translation process. The same parameters remain traceable between the translation brief and the translation product (...)
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  44.  3
    Valerie Gray Hardcastle (2015). Traumatic Brain Injury, Neuroscience, and the Legal System. Neuroethics 8 (1):55-64.
    This essay addresses the question: What is the probative value of including neuroscience data in court cases where the defendant might have had a traumatic brain injury? That is, this essay attempts to articulate how well we can connect scientific data and clinical test results to the demands of the Daubert standard in the United States’ court system, and, given the fact that neuroimaging is already being used in our courts, what, if anything, we should do about this fact. Ultimately, (...)
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  45.  9
    Lucia Morra (2010). New Models for Language Understanding and the Cognitive Approach to Legal Metaphors. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 23 (4):387-405.
    The essay deals with the mechanism of interpretation for legal metaphorical expressions. Firstly, it points out the perspective the cognitive approach induced about legal metaphors; then it suggests that this perspective gains in plausibility when a new bilateral model of language understanding is endorsed. A possible sketch of the meaning-making procedure for legal metaphors, compatible with this new model, is then proposed, and illustrated with some examples built on concepts belonging to the Italian Civil Code. The insights (...)
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  46.  84
    Tom Campbell (2004). Prescriptive Legal Positivism: Law, Rights and Democracy. Cavendish Publishing.
    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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  47.  38
    Kirsten Rowe & Keymanthri Moodley (2013). Patients as Consumers of Health Care in South Africa: The Ethical and Legal Implications. [REVIEW] BMC Medical Ethics 14 (1):15.
    South Africa currently has a pluralistic health care system with separate public and private sectors. It is, however, moving towards a socialised model with the introduction of National Health Insurance. The South African legislative environment has changed recently with the promulgation of the Consumer Protection Act and proposed amendments to the National Health Act. Patients can now be viewed as consumers from a legal perspective. This has various implications for health care systems, health care providers and the doctor-patient relationship.
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  48.  6
    Céline Gainet (2010). Exploring the Impact of Legal Systems and Financial Structure on Corporate Responsibility. Journal of Business Ethics 95 (2):195 - 222.
    This study investigates how diverse European legal systems and financial structures influence corporate social and environmental responsibility. The argument is developed by means of a framework that integrates legal systems and financial structures. Hypotheses relating to environmental responsibility have been tested using Innovest data gathered between 2002 and 2007 from 645 companies in 16 countries; and hypotheses relating to social responsibility have been tested using Innovest data gathered between 2004 and 2007 from 600 companies. The findings demonstrate that (...)
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  49.  45
    Jaap Hage (1996). A Theory of Legal Reasoning and a Logic to Match. Artificial Intelligence and Law 4 (3-4):199-273.
    This paper describes a model of legal reasoning and a logic for reasoning with rules, principles and goals that is especially suited to this model of legal reasoning. The paper consists of three parts. The first part describes a model of legal reasoning based on a two-layered view of the law. The first layer consists of principles and goals that express fundamental ideas of a legal system. The second layer contains (...) rules which in a sense summarise the outcome of the interaction of the principles and goals for a number of case types. Both principles, goals and rules can be used in legal arguments, but their logical roles are different. One characteristic of the model of legal reasoning described in the first part of the paper is that it takes these logical differences into account. Another characteristic is that it pays serious attention to the phenomena of reasoning about the validity and acceptance of rules, respectively principles and goals, and about the application of legal rules, and the implications of these arguments for the use of rules, principles and goals in deriving legal conclusions for concrete cases.The second part of the paper first describes a logic (Reason-Based Logic) that is especially suited to deal with legal arguments as described in terms of the previously discussed model. The facilities of the logic are illustrated by means of examples that correspond to the several aspects of the model. (shrink)
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  50.  40
    Katie Atkinson & Trevor Bench-Capon (2005). Legal Case-Based Reasoning as Practical Reasoning. Artificial Intelligence and Law 13 (1):93-131.
    In this paper we apply a general account of practical reasoning to arguing about legal cases. In particular, we provide a reconstruction of the reasoning of the majority and dissenting opinions for a particular well-known case from property law. This is done through the use of Belief-Desire-Intention (BDI) agents to replicate the contrasting views involved in the actual decision. This reconstruction suggests that the reasoning involved can be separated into three distinct levels: factual and normative levels (...)
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