Search results for 'legal philosophy' (try it on Scholar)

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  1. Matthew H. Kramer (2012). What Is Legal Philosophy? Metaphilosophy 43 (1-2):125-134.score: 180.0
    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 (...)
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  2. S. Brincat (2009). The Legal Philosophy of Internationally Assisted Tyrannicide. Australian Journal of Legal Philosophy 34:151-192.score: 168.0
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  3. Theodore M. Benditt (1978). Law as Rule and Principle: Problems of Legal Philosophy. Stanford University Press.score: 144.0
    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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  4. Paschal B. Mihyo (1977). The Development of Legal Philosophy. East African Literature Bureau.score: 138.0
     
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  5. 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: 132.0
    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 (...)
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  6. Robert S. Summers (1971). More Essays in Legal Philosophy. Berkeley,University of California Press.score: 132.0
    Notes on Criticism in Legal Philosophy ROBERT S. SUMMERS I. INTRODUCTION Legal philosophers criticize and evaluate as well as originate and expound. ...
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  7. Saulius Arlauskas (2009). The Criterions of the Scientific Character of Jurisprudence in the Modern Legal Philosophy. Jurisprudence 118 (4):247-264.score: 132.0
    In this article the paradoxical role of legal science in legal practice is discussed. On the one hand, legal scientists do not agree on the criterions of the scientific character of legal science. On the other hand, even in the legal cases that are especially complicated it is possible to arrive at theoretically unquestionable decisions. The author of the article concludes that legal practice is based on fundamental theoretical insights; however, in legal practice (...)
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  8. Brian Bix (2008). Legal Philosophy in America. In C. J. Misak (ed.), The Oxford Handbook of American Philosophy. Oxford University Press.score: 126.0
    This article, written for the forthcoming Oxford Handbook of American Philosophy, offers an overview of the most important American contributions to legal philosophy - American legal realism, law and economics, various critical schools of jurisprudence, Lon Fuller, and Ronald Dworkin - while speculating on what might be distinctive of American legal philosophy. One obvious recurring theme is a focus on practical application in general, and adjudication (especially constitutional adjudication) in particular.
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  9. Brian Bix (2009). On Philosophy in American Law : Analytical Legal Philosophy. In Francis J. Mootz & William S. Boyd (eds.), On Philosophy in American Law. Cambridge University Press.score: 126.0
    This short article was written for a collection on American legal philosophy today. It gives a brief overview of analytical legal philosophy, and speculates on why this theoretical approach has been consistently misunderstood in the United States, from the time of the legal realists until today.
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  10. Danny Priel (2008). The Boundaries of Law and the Purpose of Legal Philosophy. Law and Philosophy 27 (6):643 - 695.score: 126.0
    Many of the current debates in jurisprudence focus on articulating the boundaries of law. In this essay I challenge this approach on two separate grounds. I first argue that if such debates are to be about law, their purported subject, they ought to pay closer attention to the practice. When such attention is taken it turns out that most of the debates on the boundaries of law are probably indeterminate. I show this in particular with regard to the debate between (...)
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  11. Brian Leiter, Naturalism in Legal Philosophy. Stanford Encyclopedia of Philosophy.score: 126.0
    The “naturalistic turn” that has swept so many areas of philosophy over the past three decades has also had an impact in the last decade in legal philosophy. Methodological naturalists (M-naturalists) view philosophy as continuous with empirical inquiry in the sciences. Some M-naturalists want to replace conceptual and justificatory theories with empirical and descriptive theories; they take their inspiration from more-or-less Quinean arguments against conceptual analysis and foundationalist programs. Other M-naturalists retain the normative and regulative ambitions (...)
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  12. Patricia Smith (ed.) (1993). The Nature and Process of Law: An Introduction to Legal Philosophy. Oxford University Press.score: 126.0
    Unlike other works in philosophy of law, which focus on the nature of law in the abstract, this comprehensive anthology presents law as a "process," part and parcel of a system of government and defined constitutional procedures. Using the U.S. legal system as a model, it establishes the basis of law in political theory, then presents substantive issues in private and public law, illustrated throughout with important political documents and court cases and stimulating readings in history, law, and (...)
     
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  13. Torben Spaak (2011). Karl Olivecrona's Legal Philosophy. A Critical Appraisal. Ratio Juris 24 (2):156-193.score: 120.0
    I argue in this article (i) that Karl Olivecrona's legal philosophy, especially the critique of the view that law has binding force, the analysis of the concept and function of a legal rule, and the idea that law is a matter of organized force, is a significant contribution to twentieth century legal philosophy. I also argue (ii) that Olivecrona fails to substantiate some of his most important empirical claims, and (iii) that the distinction espoused by (...)
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  14. Matthias Mahlmann (2003). Law and Force: 20th Century Radical Legal Philosophy, Post-Modernism and the Foundations of Law. Res Publica 9 (1):19-37.score: 120.0
    The foundations of law have been the object ofintense philosophical scrutiny since antiquity.Most importantly, it has been asked whetherthere are really any foundations other thansheer force to be found once more comfortingillusions are abandoned. This paperinvestigates four influential theorists ofradical legal philosophy and postmodern thought(Benjamin, Schmitt, Luhmann, Derrida) who dealwith this problem in comparable ways despitetheir different theoretical outlooks. Themerits of these theories having been assessed,mentalism in ethics and law is introduced as apossible alternative to both the (...)
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  15. John Adenitire (2013). Between Institutional and Moral Discourse: On Alexy's Legal Philosophy. Jurisprudence 4 (2):358-364.score: 120.0
    Between Institutional and Moral Discourse: On Alexy's Legal Philosophy. A review of Matthias Klatt, Institutionalized Reason: The Jurisprudence of Robert Alexy.
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  16. Roger Cotterrell (2014). Why Jurisprudence Is Not Legal Philosophy. Jurisprudence 5 (1):41-55.score: 120.0
    The aim of this article is to describe and defend jurisprudence as an enterprise of theorising about law that is distinct from what is now understood as legal philosophy in the Anglophone world. Jurisprudence must draw on legal philosophy but also from many other resources. It should be an open quest for juristically (rather than philosophically) significant insights about law. Its purpose is to inform and guide the juristic task of making organised social regulation a valuable (...)
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  17. H. L. A. Hart & Ruth Gavison (eds.) (1987). Issues in Contemporary Legal Philosophy: The Influence of H.L.A. Hart. Oxford University Press.score: 120.0
    This is a collection of essays on themes of legal philosophy which have all been generated or affected by Hart's work. The topics covered include legal theory, responsibility, and enforcement of morals, with contributions from Ronald Dworkin, Rolf Sartorius, Neil MacCormach, David Lyons, Kent Greenawalt, Michael Moore, Joseph Raz, and C.L. Ten, among others.
     
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  18. Michael Lobban (2007). Common Law Resonating and the Foundations of Modern Private Law [Slightly Revised Version of a Keynote Address Given to the Annual Conference of the Australian Society of Legal Philosophy at the University of Auckland (2006: Auckland).]. Australian Journal of Legal Philosophy 32 (2007):38.score: 120.0
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  19. M. D. Stokes (2012). Australian Journal of Legal Philosophy. Australian Journal of Legal Philosophy 37 (2012).score: 120.0
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  20. Enrique Villanueva (2014). Law and the Philosophy of Action: Social, Political & Legal Philosophy, Volume 3. Editions Rodopi.score: 120.0
    This is the third volume of the new series Social, Political, & Legal Philosophy and it deals with the relationship between Law and The Philosophy of Action. In this volume a number of legal issues are illuminated by resource to the analysis of mental concepts. Issues in Criminal Law, Contract Law, Acceptance of Legal Systems, and the nature of Legal Norms are some of the main issues dealt in the papers that constitute the volume. (...)
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  21. Alexander Somek (1996). German Legal Philosophy and Theory in the Nineteenth and Twentieth Centuries. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers.score: 114.0
     
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  22. Arthur Ripstein (2009). Force and Freedom: Kant's Legal and Political Philosophy. Harvard University Press.score: 108.0
    In this masterful work, both an illumination of Kant's thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant's political philosophy. In addition to providing a clear and coherent statement of the most misunderstood of Kant's ideas, Ripstein also shows that Kant's views remain conceptually powerful and morally appealing today.
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  23. Lukas H. Meyer, Stanley L. Paulson & Thomas Winfried Menko Pogge (eds.) (2003). Rights, Culture, and the Law: Themes From the Legal and Political Philosophy of Joseph Raz. Oxford University Press.score: 108.0
    The volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: Legal positivism and the nature of law, practical reason, authority, the value of equality, incommensurability, harm, group rights, and multiculturalism.
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  24. Ekow N. Yankah (2012). Crime, Freedom and Civic Bonds: Arthur Ripstein's Force and Freedom: Kant's Legal and Political Philosophy. [REVIEW] Criminal Law and Philosophy 6 (2):255-272.score: 108.0
    There is no question Arthur Ripstein’s Force and Freedom is an engaging and powerful book which will inform legal philosophy, particularly Kantian theories, for years to come. The text explores with care Kant’s legal and political philosophy, distinguishing it from his better known moral theory. Nor is Ripstein’s book simply a recounting of Kant’s legal and political theory. Ripstein develops Kant’s views in his own unique vision illustrating fresh ways of viewing the entire Kantian project. (...)
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  25. Dennis M. Patterson (ed.) (1996). A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers.score: 108.0
    The articles in this new edition of A Companion to Philosophy of Law and Legal Theory have been updated throughout, and the addition of ten new articles ensures ...
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  26. Morris Raphael Cohen (1951). Readings in Jurisprudence and Legal Philosophy. New York, Prentice-Hall.score: 108.0
    LOGIC, EXPERIENCE, AND SCIENTIFIC METHOD Holmes, The Common Law Radin, Law as Logic and Experience Cardozo, Paradoxes of Legal Science Pound, ...
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  27. Aulis Aarnio (1978). Legal Point of View: Six Essays on Legal Philosophy. Helsingin Yliopisto.score: 108.0
    On Finnish legal theory in the 20th century.--On the significance of theoretical studies in legal research.--On so-called hermeneutic trend in Finnish legal theory.--Can a sentence concerning the content of a legal rule be valid?--External and changing law--Some thoughts on the community of heirs as a juridical person.
     
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  28. Mark Timmons & Robert Johnson (eds.) (forthcoming). Value, Reason, and Respect: Kantian Themes From the Philosophy of Thomas E. Hill, Jr. Oxford.score: 108.0
    The book features chapters by Bernard and Jan Boxill, Robin S. Dillon, Stephen Darwall, Mark Schroeder, Jonathan Dancy, Onora O’Neill, Gerald Gaus, Jeffrie G. Murphy, Matt Zwolinski and David Schmidtz, Cheshire Calhoun, Marcia Baron, Andrews Reath, and Julia Driver that take up themes and arguments in Tom Hill’s work in ethics, social, political and legal philosophy, as well as his work on Kant’s ethics. The volume concludes with an essay by Tom Hill in which he reflects on how (...)
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  29. Brian Leiter (2007). Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy. Oxford University Press.score: 108.0
    Introduction: From legal realism to naturalized jurisprudence -- A note on legal indeterminacy -- Part I. American legal realism and its critics -- Rethinking legal realism: toward a naturalized jurisprudence (1997) -- Legal realism and legal positivism reconsidered (2001) -- Is there an "American" jurisprudence? (1997) -- Postscript to Part I: Interpreting legal realism -- Part II. Ways of naturalizing jurisprudence -- Legal realism, hard positivism, and the limits of conceptual analysis (1998, (...)
     
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  30. Andrei Marmor (ed.) (1995). Law and Interpretation: Essays in Legal Philosophy. Oxford University Press.score: 108.0
    Interest in interpretation has emerged in recent years as one of the main intellectual paradigms of legal scholarship. This collection of new essays in law and interpretation provides the reader with an overview of this important topic, written by some of the most distinguished scholars in the field. The book begins with interpretation as a general method of legal theorizing, and thus provides critical assessment of the recent "interpretative turn" in jurisprudence. Further chapters include essays on the nature (...)
     
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  31. Luis Recaséns Siches & Gordon Ireland (eds.) (1948). Latin-American Legal Philosophy. Cambridge, Harvard Univ. Press.score: 108.0
    Human life, society and law: fundamentals of the philosophy of the law, by Luis Recaséns Siches.- Phenomenology of the decision, by Carlos Cossio.- The eidetics and aporetics of the law, by Juan Llambías de Azevedo.- The philosophical-juridical problem of the validity of law, by Eduardo García Máynez.- Liberty as right and as power, by Eduardo García Máynez.
     
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  32. Helga Varden (2010). Kant and Lying to the Murderer at the Door . . . One More Time: Kant's Legal Philosophy and Lies to Murderers and Nazis. Journal of Social Philosophy 41 (4):403-4211.score: 102.0
    Kant’s example of lying to the murderer at the door has been a cherished source of scorn for thinkers with little sympathy for Kant’s philosophy and a source of deep puzzlement for those more favorably inclined. The problem is that Kant seems to say that it’s always wrong to lie – even if necessary to prevent a murderer from reaching his victim – and that if one does lie, one becomes partially responsible for the killing of the victim. If (...)
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  33. William A. Edmundson (2014). Why Legal Theory is Political Philosophy. Legal Theory 19 (4):1-16.score: 102.0
    The concept of law is not a theorist's invention but one that people use every day. Thus one measure of the adequacy of a theory of law is its degree of fidelity to the concept as it is understood by those who use it. That means as far as possible. There are important truisms about the law that have an evaluative cast. The theorist has either to say what would make those evaluative truisms true or to defend her choice to (...)
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  34. Amar Dhall (2010). On the Philosophy and Legal Theory of Human Rights in Light of Quantum Holism. World Futures 66 (1):1 – 25.score: 102.0
    This article explores the traditional basis of modern human rights doctrines and exposes some of the systemic shortcomings. It then posits that a number of these problems are advanced via integrating some developments in the philosophy of science and substantive scientific research into legal philosophy. This article argues that supervening holism grounded in quantum mechanics provides an alternative basis to human rights by positing an ontological construct that is congruous with many of the wisdom traditions practiced around (...)
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  35. Alyssa R. Bernstein (2010). Review of Ripstein, Force and Freedom: Kant's Legal and Political Philosophy. [REVIEW] Journal of the History of Philosophy 48 (4):531-532.score: 102.0
    This superb, exemplary account of Immanuel Kant’s legal and political philosophy is essential reading not only for Kant scholars, but also for political philosophers and philosophers of law. Lucidly reasoned and written with crystalline clarity, the book is both accessible to non-specialists and a pleasure to read. Ripstein reveals the coherent, systematic structure of thought in Kant’s obscurely written Doctrine of Right, and goes beyond illumination to defense and development of Kant’s conception of equal freedom. In the course (...)
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  36. Roger Cotterrell (1989/1992). The Politics of Jurisprudence: A Critical Introduction to Legal Philosophy. University of Pennsylvania Press.score: 102.0
    Selected by Choice magazine as an Outstanding Academic Title In The Politics of Jurisprudence, Roger Cotterrell offers a concise introduction to and commentary ...
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  37. Ashk Dahlén (2003). Islamic Law, Epistemology and Modernity: Legal Philosophy in Contemporary Iran. Routledge.score: 102.0
    This book is a comprehensive analysis of the major intellectual positions in the philosophical debate on Islamic law that is occurring in contemporary Iran.
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  38. Morris Raphael Cohen (1933/1967). Law and the Social Order: Essays in Legal Philosophy. [Hamden, Conn.],Archon Books.score: 102.0
    ... abolished in 1869, but which we here learn still forms a deplorable factor in the social life of the poor in England, especially in breaking up homes. ...
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  39. Robert S. Summers (1968). Essays in Legal Philosophy. Berkeley, University of California.score: 102.0
    Introduction Ihe name of George Lewis first became known to me when I began to listen to traditional jazz bands, primarily Ken Colyer's, in England in the ...
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  40. Yasemin Işiktaç (2007). The Philosophy of the Turkish Legal Revolution. The Proceedings of the Twenty-First World Congress of Philosophy 3:3-12.score: 102.0
    It is a fact that the reception of European codes into Turkish law was done bravely and without looking back. How and to what extent the European codes that were adopted in this way have affected social life is one of the difficult problems of sociology of law and philosophy of law. The above-mentioned historical perspective brings with it the following consequences: • The necessity of a uniform law; • The necessity to create a legal system that will (...)
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  41. K. B. Agrawal & R. K. Raizada (eds.) (1993). Sociological Jurisprudence and Legal Philosophy: Random Thoughts On. University Book House.score: 102.0
     
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  42. Karl Ameriks, Otfried Höffe & Nicolas Walker (eds.) (2009). Kant's Moral and Legal Philosophy. Cambridge University Press.score: 102.0
  43. Hugh Webster Babb (ed.) (1951). Soviet Legal Philosophy. Cambridge, Harvard University Press.score: 102.0
    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.--Socialism (...)
     
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  44. Anil Ranjan Biswas (1970). The Metrics of Legal Philosophy. Calcutta,Firma K. L. Mukhopadhyay.score: 102.0
     
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  45. Frede Castberg (1957). Problems of Legal Philosophy. Oslo, Oslo University Press.score: 102.0
     
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  46. Morris Raphael Cohen (uuuu/1937). A Critical Sketch of Legal Philosophy in America. [New York]New York University Press.score: 102.0
  47. Alfred Fouillée (ed.) (1916/1968). Modern French Legal Philosophy. New York, A. M. Kelley.score: 102.0
     
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  48. Peter Goodrich (ed.) (2008). Derrida and Legal Philosophy. Palgrave Macmillan.score: 102.0
  49. Eikema Hommes & J. H. (1979). Major Trends in the History of Legal Philosophy. Distributors for the U.S.A. And Canada, Elsevier North-Holland.score: 102.0
     
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  50. Frederic Rogers Kellogg (1984). The Formative Essays of Justice Holmes: The Making of an American Legal Philosophy. Greenwood Press.score: 102.0
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