Results for 'Prescription (Law) '

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  1.  9
    A Wider vision in choice of prescription law.Andrea Bonomi & Paul Volken - 2008 - In Andrea Bonomi & Paul Volken (eds.), Yearbook of Private International Law: Volume Ix. Sellier de Gruyter.
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  2. Prescriptive legal positivism: law, rights and democracy.Tom Campbell (ed.) - 2004 - Portland, Or.: 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 book, (...)
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  3.  36
    Prescription drug laws:Justified hard paternalism.George W. Rainbolt - 1989 - Bioethics 3 (1):45–58.
  4.  24
    State Laws Regulating Prescribing of Controlled Substances: Balancing the Public Health Problems of Chronic Pain and Prescription Painkiller Abuse and Overdose.Andrea M. Garcia - 2013 - Journal of Law, Medicine and Ethics 41 (s1):42-45.
    According to the Institute of Medicine, chronic pain affects at least 116 million adults in the United States, which is more than the total affected by heart disease, cancer, and diabetes combined. Pain costs the nation up to $635 billion each year in medical treatment and lost productivity. It has been conceptualized as a public health problem due to its prevalence, seriousness, disparities, vulnerable populations, the utility of population health strategies, and the importance of prevention at both the population and (...)
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  5.  17
    Natural Law Theory: The Link Between Its Descriptive Strength and Its Prescriptive Strength.David Braybrooke - 1990 - Canadian Journal of Philosophy 20 (sup1):389-418.
    To cut a convincing figure again in jurisprudence — which is my present field of concern— natural law theory, by which I mean and shall mean throughout, traditional natural law theory, basically the theory of St.Thomas, must be made convincing again in ethics.
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  6.  3
    Natural Law Theory: The Link Between Its Descriptive Strength and Its Prescriptive Strength.David Braybrooke - 1990 - Canadian Journal of Philosophy, Supplementary Volume 16:389-418.
    To cut a convincing figure again in jurisprudence — which is my present field of concern— natural law theory, by which I mean and shall mean throughout, traditional natural law theory, basically the theory of St.Thomas, must be made convincing again in ethics.
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  7.  44
    Recent Developments in Health Law: FDA and Drug Safety: New Tufts Study Challenges Critics of the Prescription Drug User Fee Act.Rochelle Lee - 2006 - Journal of Law, Medicine and Ethics 34 (1):131-134.
    In the wake of several highly publicized lawsuits over drugs recalled for safety – most notably, Vioxx and Paxil – the Food and Drug Administration and the pharmaceutical industry have faced increasingly intense public scrutiny over the drug testing and approval process. Critics blame the FDA's shorter pre-market approval process that has resulted from the enactment of the Prescription Drug User Fee Act, which effected, among other changes, an increased number of reviewers, a higher review load for each reviewer, (...)
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  8.  79
    Global prescriptions: the production, exportation, and importation of a new legal orthodoxy.Yves Dezalay & Bryant G. Garth (eds.) - 2002 - Ann Arbor: 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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  9. Which Imperatives for Right? On the Non-Prescriptive Character of Juridicial Laws in Kant's Metaphysics of Morals.Marcus Willaschek - 2002 - In Mark Timmons (ed.), Kant's Metaphysics of Morals: Interpretative Essays. Clarendon Press.
  10.  12
    Thomas Aquinas on the Role of Volition in Natural Law Prescriptions.Denis J. M. Bradley - 2004 - In Matthias Lutz-Bachmann & Jan Szaif (eds.), Was Ist Das Für den Menschen Gute? / What is Good for a Human Being?: Menschliche Natur Und Güterlehre / Human Nature and Values. Walter de Gruyter. pp. 166-190.
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  11.  18
    Prescription Data Mining and the Protection of Patients' Interests.David Orentlicher - 2010 - Journal of Law, Medicine and Ethics 38 (1):74-84.
    Pharmaceutical companies have exploited health information technology to “mine” data from drug prescriptions and use the data to better target their sales pitches to physicians. This article considers the policy arguments and first amendment implications regarding state regulation of data mining. It concludes that the legislative provisions are desirable and should withstand constitutional challenge.
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  12.  16
    Prescription Drugs and Nursing Education: Knowledge Gaps and Implications for Role Performance.Madeline A. Naegle - 1994 - Journal of Law, Medicine and Ethics 22 (3):257-261.
    Nurses in all practice roles and settings need to understand the therapeutic use and potential for abuse of prescription drugs. Nursing roles, which include the administration and prescription of medication, health teaching and the implications of application, and the detection of drug-related problems, require that such education be timely and comprehensive. This paper discusses the state of knowledge dissemination about prescription drugs within the general context of nursing education. It highlights educational needs and explores the attitudinal factors (...)
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  13.  12
    Prescription Drugs and Nursing Education: Knowledge Gaps and Implications for Role Performance.Madeline A. Naegle - 1994 - Journal of Law, Medicine and Ethics 22 (3):257-261.
    Nurses in all practice roles and settings need to understand the therapeutic use and potential for abuse of prescription drugs. Nursing roles, which include the administration and prescription of medication, health teaching and the implications of application, and the detection of drug-related problems, require that such education be timely and comprehensive. This paper discusses the state of knowledge dissemination about prescription drugs within the general context of nursing education. It highlights educational needs and explores the attitudinal factors (...)
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  14.  54
    Prescriptions and universalizability: a defence of Harean ethical theory.Daniel Y. Elstein - 2014 - Dissertation, Cambridge University
    R.M. Hare had an ambitious scheme of providing a unified account of meta-ethics and normative ethics by combining expressivism with Kantianism and utilitarianism. The project of this thesis is to defend Hare’s theory in its most ambitious form. This means not just showing how the expressivist, Kantian and utilitarian elements are consistent, or that the three are each correct, but also that they are interdependent. The only defensible form of expressivism is Kantian; the only defensible Kantian theory is both expressivist (...)
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  15.  15
    "Prescriptive Equality": Two Steps Forward.Kent Greenawalt - 1997 - Harvard Law Review 110 (6):1265-1290.
    In this Response to Professor Peters, Professor Greenawalt argues that prescriptive equality does have meaningful normative force. Prescriptive equality plays a reinforcing role when it agrees with nonegalitarian justice and is not incoherent when it pulls against nonegalitarian justice. Specifically, when one individual has been treated better than is required by nonegalitarian justice, a similarly situated and significantly related individual who is aware of that treatment may merit equivalent treatment because of widespread and deep-seated feelings about equality.
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  16.  10
    Prescriptive formality and normative rationality in modern legal systems: festschrift for Robert S. Summers.Werner Krawietz, Neil MacCormick, G. H. von Wright & Robert S. Summers (eds.) - 1994 - Berlin: Duncker Und Humblot.
  17. Three arguments against prescription requirements.Jessica Flanigan - 2012 - Journal of Medical Ethics 38 (10):579-586.
    In this essay, I argue that prescription drug laws violate patients' rights to self-medication. Patients have rights to self-medication for the same reasons they have rights to refuse medical treatment according to the doctrine of informed consent (DIC). Since we should accept the DIC, we ought to reject paternalistic prohibitions of prescription drugs and respect the right of self-medication. In section 1, I frame the puzzle of self-medication; why don't the same considerations that tell in favour of informed (...)
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  18.  47
    From conventions to prescriptions. Towards an integrated view of norms.Rosaria Conte & Cristiano Castelfranchi - 1999 - Artificial Intelligence and Law 7 (4):323-340.
    In this paper, a model of norms as cognitive objects is applied to establish connections between social conventions and prescriptions. Relevant literature on this issue, especially found in AI and the social sciences, will be shown to suffer from a dychotomic view: a conventionalistic view proposed by rationality and AI scientists; and a prescriptive view proposed by some philosophers of law (Kelsen 1934/1979, Hart 1961, Ross, 1958).In the present work, the attempt is made to fill the gap between these views (...)
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  19.  19
    The Prescription Drug Pricing Moment: Using Public Health Analysis to Clarify the Fair Competition Debate on Prescription Drug Pricing and Consumer Welfare.Ann Marie Marciarille - 2017 - Journal of Law, Medicine and Ethics 45 (s1):45-49.
    Fair competition law and public health law talk past each other when discussing pharmaceutical pricing and distribution. The former cannot agree on the relevant definition of consumer welfare. The latter does not fully comprehend the highly complex but inherently collective nature of pharmaceutical drug acquisition in the United States. This essay proposes to inject public health discourse into this debate to enrich it, focus it, and render it more accessible to those who must live by its outcome.
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  20.  9
    Prescription Data Mining and the Protection of Patients' Interests.David Orentlicher - 2010 - Journal of Law, Medicine and Ethics 38 (1):74-84.
    Pharmaceutical companies have long relied on direct marketing of their drugs to physicians through one-on-one meetings with sales representatives. This practice of “detailing” is substantial in its costs and its number of participants. Every year, pharmaceutical companies spend billions of dollars on millions of visits to physicians by tens of thousands of sales representatives.Critics have argued that drug detailing results in sub-optimal prescribing decisions by physicians, compromising patient health and driving up spending on medical care. In this view, physicians often (...)
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  21.  35
    Four Neglected Prescriptions of Hartian Legal Philosophy.Kevin Toh - 2014 - Law and Philosophy 33 (6):689-724.
    This paper seeks to uncover and rationally reconstruct four theoretical prescriptions that H. L. A. Hart urged philosophers to observe and follow when investigating and theorizing about the nature of law. The four prescriptions may appear meager and insignificant when each is seen in isolation, but together as an inter-connected set they have substantial implications. In effect, they constitute a central part of Hart's campaign to put philosophical investigations about the nature of law onto a path to a genuine research (...)
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  22.  17
    When our mobile robots are free-ranging critters, how ought they to behave? What should their top-level instructions look like? The best known prescription for mobile robots is the three laws of robotics formulated by Isaac Asimov (1942): 1. a robot may not injure a human being, or through inaction, allow a human. [REVIEW]James Gips - 2011 - In M. Anderson S. Anderson (ed.), Machine Ethics. Cambridge Univ. Press. pp. 244.
  23.  33
    Erratum to: Four Neglected Prescriptions of Hartian Legal Philosophy.Kevin Toh - 2015 - Law and Philosophy 34 (3):333-368.
    This paper seeks to uncover and rationally reconstruct four theoretical prescriptions that H. L. A. Hart urged philosophers to observe and follow when investigating and theorizing about the nature of law. The four prescriptions may appear meager and insignificant when each is seen in isolation, but together as an inter-connected set they have substantial implications. In effect, they constitute a central part of Hart’s campaign to put philosophical investigations about the nature of law onto a path to a genuine research (...)
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  24.  18
    The Impact of Prescription Drug Monitoring Programs on U.S. Opioid Prescriptions.Ian Ayres & Amen Jalal - 2018 - Journal of Law, Medicine and Ethics 46 (2):387-403.
    This paper seeks to understand the treatment effect of Prescription Drug Monitoring Programs on opioid prescription rates. Using county-level panel data on all opioid prescriptions in the U.S. between 2006 and 2015, we investigate whether state interventions like PDMPs have heterogeneous treatment effects at the sub-state level, based on regional and temporal variations in policy design, extent of urbanization, race, and income. Our models comprehensively control for a set of county and time fixed effects, countyspecific and time-varying demographic (...)
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  25.  53
    Prescriptive Authority for Nurses.Sarah D. Cohn - 1984 - Journal of Law, Medicine and Ethics 12 (2):72-75.
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  26.  6
    Prescriptive Authority for Nurses.Sarah D. Cohn - 1984 - Journal of Law, Medicine and Ethics 12 (2):72-75.
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  27.  28
    Prescription Opioid Abuse in the Emergency Department.Barth L. Wilsey, Scott M. Fishman & Christine Ogden - 2005 - Journal of Law, Medicine and Ethics 33 (4):770-782.
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  28.  13
    Prescription Opioid Abuse in the Emergency Department.Barth L. Wilsey, Scott M. Fishman & Christine Ogden - 2005 - Journal of Law, Medicine and Ethics 33 (4):770-782.
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  29.  18
    In nearly every survey of public opinion and the media, privacy is a premiere issue if the press wishes to main its credibility. The laws safeguarding privacy are impressive, but legal prescriptions are an inadequate foundation for the news business. Privacy is not a legal right only but a moral good. For all of the sophistication of case law and tort law in protecting privacy, legal definitions do not match today's challenges. Merely following the letter of the law presumes the law can be determined ... [REVIEW]Clifford G. Christians - 2010 - In Christopher Meyers (ed.), Journalism ethics: a philosophical approach. New York: Oxford University Press. pp. 203.
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  30. Abstraction, law, and freedom in computer science.Timothy Colburn & Gary Shute - 2010 - Metaphilosophy 41 (3):345-364.
    Abstract: Laws of computer science are prescriptive in nature but can have descriptive analogs in the physical sciences. Here, we describe a law of conservation of information in network programming, and various laws of computational motion (invariants) for programming in general, along with their pedagogical utility. Invariants specify constraints on objects in abstract computational worlds, so we describe language and data abstraction employed by software developers and compare them to Floridi's concept of levels of abstraction. We also consider Floridi's structural (...)
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  31.  9
    The idea of a moral economy: Gerard of Siena on usury, restitution, and prescription.Lawrin Armstrong - 2016 - Toronto: University of Toronto Press. Edited by Lawrin D. Armstrong & Gerardus.
    The Idea of a Moral Economy is the first modern edition and English translation of three questions disputed at the University of Paris in 1330 by the theologian Gerard of Siena. The questions represent the most influential late medieval formulation of the natural law argument against usury and the illicit acquisition of property. Together they offer a particularly clear example of scholastic ideas about the nature and purpose of economic activity and the medieval concept of a moral economy. In his (...)
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  32.  33
    Academic Doping: Institutional Policies Regarding Nonmedical use of Prescription Stimulants in U.S. Higher Education.Ross Aikins, Xiaoxue Zhang & Sean Esteban McCabe - 2017 - Journal of Academic Ethics 15 (3):229-243.
    Academic integrity policies at 200 institutions of higher education were examined for the presence of academic prohibitions against the nonmedical use of prescription stimulants or any other cognitive enhancing drug. Researchers used online search tools to locate policy handbooks in a stratified random sample of IHE’s drawn from the Integrated Postsecondary Education Data System database, searching for NMUPS/CED use as violations of either academic integrity or alcohol and other drug policies. Of 191 academic integrity policies found online, NMUPS/CED prohibitions (...)
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  33.  15
    Pain Relief, Prescription Drugs, and Prosecution: A Four-State Survey of Chief Prosecutors.Stephen J. Ziegler & Nicholas P. Lovrich - 2003 - Journal of Law, Medicine and Ethics 31 (1):75-100.
    The experience of having to suffer debilitating pain is far too common in the United States, and many patients continue to be inadequately treated by their doctors. Although many physicians freely admit that their pain management practices may have been somewhat lacking, many more express concern that the prescribing of heightened levels of opioid analgesics may result in closer regulatory scrutiny, criminal investigation, or even criminal prosecution.Although several researchers have examined the regulatory environment and the threat of sanction or harm (...)
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  34.  28
    Pain Relief, Prescription Drugs, and Prosecution: A Four-State Survey of Chief Prosecutors.Stephen J. Ziegler & Nicholas P. Lovrich - 2003 - Journal of Law, Medicine and Ethics 31 (1):75-100.
    The experience of having to suffer debilitating pain is far too common in the United States, and many patients continue to be inadequately treated by their doctors. Although many physicians freely admit that their pain management practices may have been somewhat lacking, many more express concern that the prescribing of heightened levels of opioid analgesics may result in closer regulatory scrutiny, criminal investigation, or even criminal prosecution.Although several researchers have examined the regulatory environment and the threat of sanction or harm (...)
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  35.  62
    International law and political philosophy: Uncovering new linkages.Steven Ratner - 2019 - Philosophy Compass 14 (2):e12564.
    Despite a common agenda of normative analysis of the international order, philosophical work on international political morality and international law and legal scholarship have, until recently, worked at a distance from one another.The mutual suspicion can be traced to different aims and methodologies, including a divide between work on matters of deep structure, on the one hand, and practical institutional analysis and prescription, on the other. Yet international law is a key part of the normative practices ofstates, has a (...)
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  36.  33
    An Overview of Prescription Drug Misuse and Abuse: Defining the Problem and Seeking Solutions.Bonnie B. Wilford, James Finch, Dorynne J. Czechowicz & David Warren - 1994 - Journal of Law, Medicine and Ethics 22 (3):197-203.
    Each year, millions of individuals in the United States are treated for a variety of serious medical conditions with prescription drugs whose therapeutic benefits are well known. The vast majority of these medications are used to treat medical and psychiatric illnesses. Generally, they are used as prescribed, and contribute to a better quality of life for persons suffering from debilitating or life-threatening disorders.The fact that a small portion of these medications is diverted by those who seek their psychoactive effects (...)
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  37.  44
    An Overview of Prescription Drug Misuse and Abuse: Defining the Problem and Seeking Solutions.Bonnie B. Wilford, James Finch, Dorynne J. Czechowicz & David Warren - 1994 - Journal of Law, Medicine and Ethics 22 (3):197-203.
    Each year, millions of individuals in the United States are treated for a variety of serious medical conditions with prescription drugs whose therapeutic benefits are well known. The vast majority of these medications are used to treat medical and psychiatric illnesses. Generally, they are used as prescribed, and contribute to a better quality of life for persons suffering from debilitating or life-threatening disorders.The fact that a small portion of these medications is diverted by those who seek their psychoactive effects (...)
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  38. Descriptive versus Prescriptive Discounting in Climate Change Policy Analysis.Kelleher J. Paul - 2017 - Georgetown Journal of Law and Public Policy 15:957-977.
    This paper distinguishes between five different approaches to social discount rates in climate change economics, criticizes two of these, and explains how the other three are to some degree mutually compatible. It aims to shed some new light on a longstanding debate in climate change economics between so-called “descriptivists” and “prescriptivists” about social discounting. The ultimate goal is to offer a sketch of the conceptual landscape that makes visible some important facets of the debate that very often go unacknowledged.
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  39.  38
    Litigation on Third Party Prescription Programs: An Update.Richard R. Abood - 1985 - Journal of Law, Medicine and Ethics 13 (2):75-81.
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  40.  5
    Litigation on Third Party Prescription Programs: An Update.Richard R. Abood - 1985 - Journal of Law, Medicine and Ethics 13 (2):75-81.
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  41.  20
    Pharmacists Challenge Third Party Prescription Programs: A Legal Analysis.Richard R. Abood - 1982 - Journal of Law, Medicine and Ethics 10 (4):257-261.
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  42.  11
    Pharmacists Challenge Third Party Prescription Programs: A Legal Analysis.Richard R. Abood - 1982 - Journal of Law, Medicine and Ethics 10 (4):257-261.
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  43.  48
    Natural Law and the Possibility of a Global Ethics.Mark J. Cherry (ed.) - 2004 - Kluwer Academic Publishers.
    Accounts of natural law moral philosophy and theology sought principles and precepts for morality, law, and other forms of social authority, whose prescriptive force was not dependent for validity on human decision, social influence, past tradition, or cultural convention, but through natural reason itself. This volume critically explores and assesses our contemporary culture wars in terms of: the possibility of natural law moral philosophy and theology to provide a unique, content-full, canonical morality; the character and nature of moral pluralism; the (...)
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  44. Law.Jacqueline A. Laing - 2012 - In George Kurian (ed.), Encyclopaedia of Christian Civilisation. Blackwell.
    An analysis of the concept of law, its source and connection with human positive law. The article begins by noting that “law” relates not only to prescriptions governing the behavior of human individuals. The term has a far wider sense. It can also refer to a standard or rule that binds things or events. This sense of the term covers the laws of the physical as well as the moral sciences. There is a distinction to be drawn between scientific laws (...)
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  45.  10
    Medical Staff Credentialing: A Prescription for Reducing Antitrust Liability.Brian M. Peters & Wendy Cherner Maneval - 1991 - Journal of Law, Medicine and Ethics 19 (1-2):120-133.
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  46.  7
    Medical Staff Credentialing: A Prescription for Reducing Antitrust Liability.Brian M. Peters & Wendy Cherner Maneval - 1991 - Journal of Law, Medicine and Ethics 19 (1-2):120-133.
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  47.  32
    Law as a Bridge Between Is and Ought.Edgar Bodenheimer - 1988 - Ratio Juris 1 (2):137-153.
    Law has variously been described as part of empirical social reality or as a set of normative prescriptions defining desirable conduct. The author takes the view that a legal system normally represents an amalgam of “is” and “ought” elements. It is operative in part as a living law of actual human conduct, in another part as an instrumentality for transforming unfulfilled social ideals or goals into reality. A different blending of “is” and “ought” factors often occurs in the judicial process, (...)
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  48.  48
    Law as Public Policy: Combining Justice with Interest.Makoto Usami - 2008 - In Tadeusz Biernat & Marek Zirk-Sadowski (eds.), Politics of Law and Legal Policy: Between Modern and Post-Modern Jurisprudence. Wolters Kluwer Polska. pp. 292--315.
    In newly emerging democracies, succeeding governments have numerous policy tasks for the purpose of developing the free market and the democratic process. In such legal systems, policy-oriented views of law, which regard law as a policy tool for diminishing public problems, seem descriptively pertinent and prescriptively helpful. This is also the case in mature democratic legal systems, where the public problems faced by governments become more and more complex. Policy-directional views of law do not necessarily imply that law is a (...)
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  49. Breaking Laws to Fix Broken Windows: A Revisionist Take on Order Maintenance Policing.Andrew Ingram - 2014 - Berkeley Journal of Criminal Law 19 (2):112-152.
    Today, there is a family of celebrated police strategies that teach the importance of cracking down on petty crime and urban nuisance as the key to effective crime control. Under the “broken windows” appellation, this strategy is linked in the public mind with New York City and the alleged successes of its police department in reducing the rate of crime over the past two decades. This paper is critical of such order maintenance approaches to policing: I argue that infringements of (...)
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  50.  10
    Religion, Law, and Politics.Paul J. Weithman - 2010 - In Charles Taliaferro, Paul Draper & Philip L. Quinn (eds.), A Companion to Philosophy of Religion. Oxford, UK: Wiley‐Blackwell. pp. 598–605.
    This chapter contains sections titled: Liberalism Religion, Nationalism, and Citizenship Religion and Public Philosophy Anti‐liberalism Works cited.
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