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

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  1. World Congress on Philosophy of Law and Social Philosophy, Mikael M. Karlsson, Ólafur Páll Jónsson & Eyja Margrét Brynjarsdóttir (1997). Recht, Gerechtigkeit Und der Staat Studien Zu Gerechtigkeit, Demokratie, Nationalität, Nationalen Staaten Und Supranationalen Staaten Aus der Perspektive der Rechtstheorie, der Sozialphilosophie Und der Sozialwissenschaften = Law, Justice, and the State : Studies in Justice, Democracy, Nationality, National States, and Supra-National States From the Standpoints of Legal Theory, Social Philosophy, and Social Science. Monograph Collection (Matt - Pseudo).
     
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  2.  59
    Matthew H. Kramer (2012). What Is Legal Philosophy? Metaphilosophy 43 (1-2):125-134.
    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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  3.  6
    S. Brincat (2009). The Legal Philosophy of Internationally Assisted Tyrannicide. Australian Journal of Legal Philosophy 34:151-192.
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  4. Csaba Varga (2013). Contemporary Legal Philosophising: Schmitt, Kelsen, Lukács, Hart, & Law and Literature, with Marxism's Dark Legacy in Central Europe (on Teaching Legal Philosophy in Appendix). Szent István Társulat.
    Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / (...)
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  5.  40
    Theodore M. Benditt (1978). Law as Rule and Principle: Problems of Legal Philosophy. Stanford University Press.
    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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  6.  27
    Danny Priel (2008). The Boundaries of Law and the Purpose of Legal Philosophy. Law and Philosophy 27 (6):643 - 695.
    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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  7. Arthur Ripstein (2009). Force and Freedom: Kant's Legal and Political Philosophy. Harvard University Press.
    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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  8. Paschal B. Mihyo (1977). The Development of Legal Philosophy. East African Literature Bureau.
     
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  9.  43
    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.
    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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  10.  2
    Saulius Arlauskas (2009). The Criterions of the Scientific Character of Jurisprudence in the Modern Legal Philosophy. Jurisprudence 118 (4):247-264.
    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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  11. Karl Ameriks, Otfried Höffe & Nicolas Walker (eds.) (2009). Kant's Moral and Legal Philosophy. Cambridge University Press.
    This volume brings to English readers the finest postwar German-language scholarship on Kant's moral and legal philosophy. Examining Kant's relation to predecessors such as Hutcheson, Wolff, and Baumgarten, it clarifies the central issues in each of Kant's major works in practical philosophy, including The Groundwork of the Metaphysics of Morals, The Critique of Practical Reason, and The Metaphysics of Morals. It also examines the relation of Kant's philosophy to politics. Collectively, the essays in this volume provide (...)
     
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  12.  10
    Robert S. Summers (1971). More Essays in Legal Philosophy. Berkeley,University of California Press.
    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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  13.  7
    Kevin Toh (2014). Four Neglected Prescriptions of Hartian Legal Philosophy. 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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  14.  94
    Enrico Pattaro (2006). A Treatise of Legal Philosophy and General Jurisprudence. Ratio Juris 19 (4):489-500.
    . “The Notebook Corner,” edited by Enrico Pattaro, makes its first appearance here as a new section of Ratio Juris. This new section can be described in a sense as an offshoot of the project for A Treatise of Legal Philosophy and General Jurisprudence, a work still in progress composed of five theoretical volumes and six historical ones. The theoretical volumes receive a brief presentation in the paper immediately below, with a specific focus on Volume 1, entitled The (...)
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  15.  7
    Kevin Toh (2015). Erratum To: Four Neglected Prescriptions of Hartian Legal Philosophy. 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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  16.  36
    Brian Bix (2008). Legal Philosophy in America. In C. J. Misak (ed.), The Oxford Handbook of American Philosophy. Oxford University Press
    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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  17.  33
    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
    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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  18.  6
    Richard Tur (1985). American Legal Philosophy. Royal Institute of Philosophy Lectures 19:255-272.
    Given statements like these about current developments in intellectualizing about law in America it is an exciting time to look at American legal philosophy. Given the ferment in the law schools and the volume of literature in the law journals it is also a difficult task confidently to extract the main lines of current thought and adequately to assess the significance of current intellectual movements. American lawyers are inclined to point out that there is no such thing as (...)
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  19.  22
    Brian Leiter, Naturalism in Legal Philosophy. Stanford Encyclopedia of Philosophy.
    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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  20. Patricia Smith (ed.) (1993). The Nature and Process of Law: An Introduction to Legal Philosophy. Oxford University Press.
    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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  21.  53
    Torben Spaak (2011). Karl Olivecrona's Legal Philosophy. A Critical Appraisal. Ratio Juris 24 (2):156-193.
    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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  22.  6
    Julie Dickson (2015). Ours is a Broad Church: Indirectly Evaluative Legal Philosophy as a Facet of Jurisprudential Inquiry. Jurisprudence 6 (2):207-230.
    Questions concerning the aims and aspirations, criteria of success and even proper delineation of the subject matter of theories of law have given rise to some of the most intractable and contentious debates in contemporary legal philosophy. In this article, I outline my vision of the remit and character of legal philosophy, with particular emphasis on the methodological approach with which I am most concerned in my own work, and which I refer to here as ‘indirectly (...)
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  23. H. L. A. Hart & Ruth Gavison (eds.) (1987). Issues in Contemporary Legal Philosophy: The Influence of H.L.A. Hart. Oxford University Press.
    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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  24.  3
    Kevin Walton (2015). Legal Philosophy and the Social Sciences: The Potential for Complementarity. Jurisprudence 6 (2):231-251.
    In this paper, I argue that dialogue between legal philosophers and social scientists can be mutually beneficial. Nicola Lacey offers a vision of jurisprudence that supposes as much. I start by setting out my interpretation of her view. I then defend its potential, which she takes for granted, from the challenges posed by, first, an apparent friend—Brian Leiter—and, second, obvious adversaries—Joseph Raz and others. My response proposes an alternative to their conceptions of legal philosophy, one that is (...)
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  25. Roger Cotterrell (2014). Why Jurisprudence Is Not Legal Philosophy. Jurisprudence 5 (1):41-55.
    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 significant insights about law. Its purpose is to inform and guide the juristic task of making organised social regulation a valuable practice, rooted and (...)
     
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  26. John Adenitire (2013). Between Institutional and Moral Discourse: On Alexy's Legal Philosophy. Jurisprudence 4 (2):358-364.
    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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  27.  20
    Matthias Mahlmann (2003). Law and Force: 20th Century Radical Legal Philosophy, Post-Modernism and the Foundations of Law. Res Publica 9 (1):19-37.
    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 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 widespreadfoundationalism of the past (...)
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  28.  4
    M. D. Stokes (2012). Australian Journal of Legal Philosophy. Australian Journal of Legal Philosophy 37 (2012).
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  29.  13
    Sebastian Urbina (2005). What Is Legal Philosophy? Ratio Juris 18 (2):144-161.
    . This paper argues that legal philosophy is a social practice undertaken by participants whose views have primacy over non‐participants. This social practice is dynamic, constructive and based on understanding and explanation, in order to meet normative expectations. Legal Philosophy should include Legal Ontology, Legal Epistemology and a Theory of Justice. It is usually claimed that legal philosophy is a branch of a genus called philosophy, but there is no one single (...)
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  30.  3
    Matthias Klatt (2007). Contemporary Legal Philosophy in Germany. Archiv Fuer Rechts- Und Sozialphilosphie 93 (4):519-539.
    This article gives a concise overview on developments in German legal philosophy since 1990. After briefly sketching the previous streams, dating back to 1945, it focuses on current tendencies and topics. Three main debates are reported in detail, namely the debates on the structure of legal argumentation, on the structure of the legal system, and on Radbruch's Formula. This includes, inter alia, Robert Alexy's new theory of balancing as well as the debate on the role of (...)
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  31. Karl Ameriks (ed.) (2009). Kant's Moral and Legal Philosophy. Cambridge University Press.
    This volume brings to English readers the finest postwar German-language scholarship on Kant's moral and legal philosophy. Examining Kant's relation to predecessors such as Hutcheson, Wolff, and Baumgarten, it clarifies the central issues in each of Kant's major works in practical philosophy, including The Groundwork of the Metaphysics of Morals, The Critique of Practical Reason, and The Metaphysics of Morals. It also examines the relation of Kant's philosophy to politics. Collectively, the essays in this volume provide (...)
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  32. Karl Ameriks (ed.) (2014). Kant's Moral and Legal Philosophy. Cambridge University Press.
    This volume brings to English readers the finest postwar German-language scholarship on Kant's moral and legal philosophy. Examining Kant's relation to predecessors such as Hutcheson, Wolff, and Baumgarten, it clarifies the central issues in each of Kant's major works in practical philosophy, including The Groundwork of the Metaphysics of Morals, The Critique of Practical Reason, and The Metaphysics of Morals. It also examines the relation of Kant's philosophy to politics. Collectively, the essays in this volume provide (...)
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  33. Eugenio Bulygin (2015). Essays in Legal Philosophy. Oxford University Press Uk.
    Eugenio Bulygin is a distinguished representative of legal science and legal philosophy as they are known on the European continent - no accident, given the role of the civil law tradition in his home country, Argentina. Over the past half-century, Bulygin has engaged virtually all major legal philosophers in the English-speaking countries, including H.L.A. Hart, Ronald Dworkin, and Joseph Raz. Bulygin's essays, several written together with his eminent colleague and close friend Carlos E. Alchourrón, reflect the (...)
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  34. 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.
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  35. John Murungi (2013). An Introduction to African Legal Philosophy. Lexington Books.
    This is an introductory book on African legal philosophy. The book claims that African legal philosophy exists and is intelligible in the context of African culture, just as every other legal philosophy has its cultural foundation. What law is, how it is thought, how it is interpreted, and how it is applied takes place with thing the parameters of African culture. At a time when the imposition of Western culture on Africans has to be (...)
     
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  36. Jozsef Szabadfalvi (2007). The Role of Bódog Somló in the Revival of Hungarian Legal Philosophy. Archiv Fuer Rechts- Und Sozialphilosphie 93 (4):540-550.
    Bódog Somló is the most reputable representative of Hungarian legal philosophy at the last turn of the century, whose ouevre greatly contributed to the establishment of the neo-Kantian legal philosophy, the dominant trend preaviling in Central Europe at the time, a development that eventually resulted in modernising the legal scholarship and theoretical thought in law in Hungary. Hungarian jurisprudence can be proud of the fact that Bódog Somló, besides Rudolf Stammler, Gustav Radbruch, Hans Kelsen and (...)
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  37. Enrique Villanueva (ed.) (2002). Legal and Political Philosophy: Social, Political, & Legal Philosophy, Volume 1. Rodopi.
    LEGAL AND POLITICAL PHILOSOPHY, edited by Enrique Villanueva, is the first volume in the series Social, Political, and Legal Philosophy, published by Rodopi also under his editorship. It contains six original essays by leading political philosophers and philosophers of law , along with critical papers on those essays, and replies. This is cutting edge work that elicits sharp responses already as it is published, with the debate joined as the authors reply.SOCIAL, POLITICAL AND LEGAL (...) is a new book series, edited by Enrique Villanueva, and published by Rodopi Publishers as part of Rodopi Philosophical Studies. The series will publish collections of new essays on topics in social or political or legal philosophy. New volumes will be published approximately every year or every other year. (shrink)
     
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  38. Enrique Villanueva (ed.) (2014). Law and the Philosophy of Action: Social, Political & Legal Philosophy, Volume 3. Editions Rodopi.
    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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  39. Brian Leiter (2007). Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy. Oxford University Press.
    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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  40. 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
     
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  41.  12
    Edwin N. Garlan (1954). Soviet Legal Philosophy. [REVIEW] Journal of Philosophy 51 (10):300-307.
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  42.  11
    J. Raz (1972). More Essays in Legal Philosophy: General Assessments of Legal Philosophies. [REVIEW] Journal of Philosophy 69 (16):498-501.
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  43.  29
    Brian Lang (2012). "Law and Morality: Readings in Legal Philosophy," 3rd Edition, Ed. David Dyzenhuas, Sophia R. Moreau, and Arthur Ripstein. Teaching Philosophy 35 (4):434-436.
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  44.  40
    Matthew H. Kramer (2009). Brian Leiter: Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy. Criminal Law and Philosophy 3 (1):107-110.
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  45.  16
    Andrei Marmor (ed.) (1995). Law and Interpretation: Essays in Legal Philosophy. Oxford University Press.
    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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  46. Luis Recaséns Siches & Gordon Ireland (eds.) (1948). Latin-American Legal Philosophy. Cambridge, Harvard Univ. Press.
    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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  47.  9
    Morris Raphael Cohen (1933/1967). Law and the Social Order: Essays in Legal Philosophy. [Hamden, Conn.],Archon Books.
    ... 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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  48. Aulis Aarnio (1978). Legal Point of View: Six Essays on Legal Philosophy. Helsingin Yliopisto.
    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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  49.  12
    Morris Raphael Cohen (1951). Readings in Jurisprudence and Legal Philosophy. New York, Prentice-Hall.
    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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  50. 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.
    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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