Search results for 'legality' (try it on Scholar)

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  1. François Tanguay-Renaud (2010). The Intelligibility of Extralegal State Action: A General Lesson for Debates on Public Emergencies and Legality. Legal Theory 16 (3):161-189.score: 25.0
    Some legal theorists deny that states can conceivably act extra-legally, in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen, and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and, ultimately, contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.
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  2. Hans Lindahl (2008). Border Crossings by Immigrants: Legality, Illegality, and Alegality. Res Publica 14 (2):117-135.score: 24.0
    What happens to the concept of security if legal disorder manifests itself not only as illegal behavior but also as alegal behavior—acts that challenge the very distinction between legality and illegality, as drawn by a political community? Focusing on European immigration policy, this paper examines how the distinction between illegal and alegal acts critically illuminates the relation between collective (in)security and the concept of legal (dis)order. It concludes by arguing that this distinction sheds new light on the systematic relation—and (...)
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  3. Cindy Holder (forthcoming). Transition, Trust and Partial Legality: On Colleen Murphy's A Moral Theory of Political Reconciliation. Criminal Law and Philosophy:1-12.score: 24.0
    In A Moral Theory of Political Reconciliation Colleen Murphy develops a rich and potentially transformative account of political reconciliation. The potential of this account is not fully realized because of limitations in how Murphy conceptualizes political relationships. For example, group-differentiated integration into states opens up important questions about partial legality and group-differentiated experiences of repression that Murphy does not address. However, Murphy’s framework is well-suited to take up these questions, once they are acknowledged, and this is an important strength (...)
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  4. Scott Shapiro (2011). Legality. Harvard University Press.score: 20.0
    What is law (and why should we care)? -- Crazy little thing called "law" -- Austin's sanction theory -- Hart and the rule of recognition -- How to do things with plans -- The making of a legal system -- What law is -- Legal reasoning and judicial decision making -- Hard cases -- Theoretical disagreements -- Dworkin and distrust -- The economy of trust -- The interpretation of plans -- The value of legality.
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  5. Lars Vinx (2007). Hans Kelsen's Pure Theory of Law: Legality and Legitimacy. Oxford University Press.score: 20.0
    Three paradigms of legal positivism -- The pure theory of law : science or political theory? -- Kelsen's principles of legality -- Kelsen's theory of democracy : reconciliation with social order -- Democratic constitutionalism : Kelsen's theory of constitutional review -- Kelsen's legal cosmopolitanism -- Conclusions : the pure theory of law and contemporary positivism.
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  6. Stuart Lakin (2008). Debunking the Idea of Parliamentary Sovereignty: The Controlling Factor of Legality in the British Constitution. Oxford Journal of Legal Studies 28 (4):709-734.score: 19.0
    This article explores the idea of Parliamentary sovereignty in British constitutional theory. Two general explanations for this idea are considered: firstly, that the existence of a sovereign entity is a conceptually necessary precondition for the existence of a state or constitution; secondly, that Parliament is sovereign, if it is, in virtue of a rule of recognition whose existence and content may be empirically determined. The former account, it is suggested, looms large in orthodox British constitutional theory but cannot be sustained. (...)
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  7. Emily Sherwin (2013). Legality and Rationality: A Comment on Scott Shapiro's Legality. Legal Theory 19 (4):403-421.score: 19.0
    One key premise in Shapiro's book Legality is that rationality requires those who have accepted the master plan for a system of law to obey the system's rules. In this paper, I question this premise, arguing instead that although it may be rational for agents to commit to follow the system's rule in all (or most) cases to which they apply, it is not rational for agents to follow the rules in fact when the rules appear to require the (...)
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  8. Jules L. Coleman (2000). Constraints on the Criteria of Legality. Legal Theory 6 (2):171-183.score: 19.0
    No one denies that moral principles figure in legal argument and practice. However, the kind of role morality can or must play in law has been a topic of debate not only between positivists and their critics, but also within the positivist camp. The topic was brought into contemporary prominence by Ronald Dworkin, who in TheModelofRulesI made the provocative observation that the legality of norms appears to depend sometimes on their substantive (moral) merits, and not just on their pedigree (...)
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  9. John Gardner (2011). Hart on Legality, Justice and Morality. Jurisprudence 1 (2):253-265.score: 18.0
    HLA Hart has sometimes been associated with the false proposition that there is 'no necessary connection between law and morality'. Nigel Simmonds is the latest critic to make the association. He offers an 'ironic' interpretation of a famous passage in Hart's The Concept of Law in which the proposition is apparently rejected as false by Hart. In this paper I explain why, even if Simmonds's ironic interpretation is tenable, it does not associate Hart with the proposition in the way that (...)
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  10. Mordechai Kremnitzer & Re'em Segev (2000). The Legality of Interrogational Torture: A Question of Proper Authorization or a Substantive Moral Issue. Israel Law Review 34 (2):509-559.score: 18.0
    The article explores the Israeli Supreme Court main judgment regarding the legality of the use of special interrogation methods in order extract information concerning future acts of terror. The Judgment's main conclusion was that while there might be a justification for using exceptional interrogation measures in order to save lives, based on the concept of lesser evil as embedded in the criminal defense of necessity, the government is nevertheless not authorized to use such means in the absence of explicit (...)
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  11. Giovanni Sartor (2009). Legality Policies and Theories of Legality: From Bananas to Radbruch's Formula. Ratio Juris 22 (2):218-243.score: 18.0
    Abstract. In this paper I shall take an inferential approach to legality (legal validity), and consider how the legality of a norm can be inferred, and what can be inferred from it. In particular, I shall analyse legality policies, namely, conditionals conferring the quality of legality upon norms having certain properties, and I shall examine to what extent such conditionals need to be positivistic, so that legality is only dependant on social facts. Finally, I shall (...)
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  12. Michael N. Schmitt * (2004). The Legality of Operation Iraqi Freedom Under International Law. Journal of Military Ethics 3 (2):82-104.score: 18.0
    This article evaluates the legality of Operation Iraqi Freedom, the March 2003 attack on Iraq. The author rejects assertions that Security Council Resolution 1441 (2002), standing alone, contained a mandate to employ force; on the contrary, the Resolution was only adopted on the understanding that it did not. The law of self-defense, including its ?preemptive? variant, similarly provided no legal basis for the action because the degree of Iraqi support to terrorism was insufficient and the threat of use of (...)
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  13. Costas Douzinas, Peter Goodrich & Yifat Hachamovitch (eds.) (1994). Politics, Postmodernity, and Critical Legal Studies: The Legality of the Contingent. Routledge.score: 18.0
    Laws of Postmodernity is the first work of legal scholarship to apply postmodern jurisprudence to an analysis of a number of substantive areas of law. In analyzing the cultural significance of law, the contributors show how critical jurisprudential analysis undermines positivistic attempts to support a normative viewpoint of the legal order. In addition, they criticize contextual, sociological accounts of legal phenomena. The contributors explore blasphemy laws in the wake of the Salman Rushdie affair, and French critical legal theory-- particularly the (...)
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  14. Peter Westen (2007). Two Rules of Legality in Criminal Law. Law and Philosophy 26 (3):229-305.score: 18.0
    Criminal law scholars approach legality in various ways. Some scholars eschew over-arching principles and proceed directly to one or more distinct “rules”: (1) the rule against retroactive criminalization; (2) the rule that criminal statutes be construed narrowly; (3) the rule against the judicial creation of common-law offenses; and (4) the rule that vague criminal statutes are void. Other scholars seek a single principle, i.e., the “principle of legality,” that they claim underlies the four rules. In contrast, I believe (...)
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  15. Koray Tütüncü (2007). The Role of "Legality" in Kant's Moral Philosophy. The Proceedings of the Twenty-First World Congress of Philosophy 3:29-34.score: 18.0
    This study deals with the place and meaning of "legality" in Kant's moral philosophy. Although the return to Kantianism dominates contemporary political and legal thought, the boundaries of the analyses of the relationship between morality and legality in Kant's moral philosophy are confined to the boundaries drawn by John Rawls and Jürgen Habermas. While Rawls and Habermas consider law and morality as intersecting sets of rules and rights, they mostly consider this relationship in terms of the question of (...)
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  16. Matthew Zagor, “I Am the Law!”—Perspectives of Legality.score: 18.0
    The language of morality and legality infuses every aspect of the Middle East conflict. From repeated assertions by officials that Israel has “the most moral army in the world” to justifications for specific military tactics and operations by reference to self-defense and proportionality, the public rhetoric is one of legal right and moral obligation. Less often heard are the voices of those on the ground whose daily experience is lived within the legal quagmire portrayed by their leaders in such (...)
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  17. Maksymilian T. Madelr, The Spatio-Temporality of Objectification in Legal Theory: Concepts of Legality Between Theory and Practice.score: 18.0
    This paper argues that concepts of legality in legal theory can be profitably understood as being underwritten by modes of spatio-temporal objectification. In the first part of the paper, a scheme of such modes is provided, and a map of jurisprudential inquiries is thereby offered. In the second part of the paper, two concepts of legality - underwritten by two different modes of spatio-temporal objectification - are analysed. The analysis shows how both concepts of legality lead to (...)
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  18. Keith Charles Culver (2010). Legality's Borders: An Essay in General Jurisprudence. Oxford University Press.score: 18.0
    Imbalance in analytical legal theory's approach to prima facie legal phenomena : re-balancing after imbalance : an incremental addition to analytical legal theory -- Legal officials, the rule of recognition, and international law -- The hierarchical view of legal system and non-state legality -- Meta-theoretical-evaluative motivations -- An inter-institutional theory -- An inter-institutional account of non-state legality -- Pathologies of legality : novel technologies and their implications for conceptions of legality : the consequences of re-socializing a (...)
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  19. Aimee Bryant (2011). Consent, Autonomy, and the Benefits of Healthy Limb Amputation: Examining the Legality of Surgically Managing Body Integrity Identity Disorder in New Zealand. [REVIEW] Journal of Bioethical Inquiry 8 (3):281-288.score: 16.0
    Upon first consideration, the desire of an individual to amputate a seemingly healthy limb is a foreign, perhaps unsettling, concept. It is, however, a reality faced by those who suffer from body integrity identity disorder (BIID). In seeking treatment, these individuals request surgery that challenges both the statutory provisions that sanction surgical operations and the limits of consent as a defence in New Zealand. In doing so, questions as to the influence of public policy and the extent of personal autonomy (...)
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  20. Jeffrey Brand-Ballard (2010). Limits of Legality: The Ethics of Lawless Judging. Oxford University Press.score: 16.0
    Introduction -- Practical reasons and judicial use of force -- Deviating from legal standards -- The legal duties of judges -- The normative classification of legal results -- Reasons to deviate -- Adherence rules -- Obeying adherence rules -- The judicial oath -- Legal duty and political obligation -- Systemic effects -- Agent-relative principles -- Optimal adherence rules -- Guidance rules -- Treating like cases alike -- Implementation -- Theoretical implications -- Conclusion.
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  21. A. J. Holland & J. Wong (1999). Genetically Determined Obesity in Prader-Willi Syndrome: The Ethics and Legality of Treatment. Journal of Medical Ethics 25 (3):230-236.score: 16.0
    A central characteristic of people with Prader-Willi Syndrome (PWS) is an apparent insatiable appetite leading to severe overeating and the potential for marked obesity and associated serious health problems and premature death. This behaviour may be due to the effects of the genetic defect resulting from the chromosome 15 abnormalities associated with the syndrome. We examine the ethical and legal dilemmas that can arise in the care of people with PWS. A tension exists between a genetic deterministic perspective and that (...)
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  22. James G. Hodge, Veda Collmer, Daniel G. Orenstein, Chase Millea & Laura Van Buren (2013). Reconsidering the Legality of Cigarette Smoking Advertisements on Television Public Health and the Law. Journal of Law, Medicine and Ethics 41 (1):369-373.score: 16.0
    Television advertisements depicting the use of electronic cigarettes have recently exposed minors to images of smoking behaviors. While these advertisements are currently legal, existing laws should be interpreted or expanded to ban the commercial depiction of smoking behaviors with any product that resembles a cigarette to shield minors from potentially influential advertising.
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  23. Jordi Ferrer Beltrán & Giovanni Battista Ratti (2012). Defeasibility and Legality : A Survey. In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.score: 16.0
     
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  24. Raimundas Moisejevas (2010). Recoupment of Losses by the Dominant Undertaking, Which Allegedly Have Used Predatory Pricing and Legality of Actions. Jurisprudence 120 (2):289-303.score: 16.0
    One of the most important principles of the European Community law is the prohibition of the abuse of a dominant position based on Article 82 of the EC Treaty. Predatory pricing is one of the forms of the abuse of a dominant position. It is likely that the world financial and economic crisis will lead to an increase in competition among the undertakings. The fact that some dominant undertakings seeking to sustain or increase their market share might decide to engage (...)
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  25. Jeremy Waldron (2008). Hart and the Principles of Legality. In Matthew H. Kramer (ed.), The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy. Oxford University Press.score: 16.0
     
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  26. W. J. Waluchow (2008). Legality, Morality, and the Guiding Function of Law. In Matthew H. Kramer (ed.), The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy. Oxford University Press.score: 16.0
     
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  27. John A. Pearce (2013). Using Social Identity Theory to Predict Managers' Emphases on Ethical and Legal Values in Judging Business Issues. Journal of Business Ethics 112 (3):497-514.score: 14.0
    The need to fill three gaps in ethics research in a business context sparked the current study. First, the distinction between the concepts of “ethical” and “legal” needs to be incorporated into theory building and empiricism. Second, a unifying theory is needed that can explain the variables that influence managers to emphasize ethics and legality in their judgments. Third, empirical evidence is needed to confirm the predictive power of the unifying theory, the discernable influence of personal and organizational variables, (...)
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  28. Anthony R. Reeves (forthcoming). Practical Reason and Legality: Instrumental Political Authority Without Exclusion. Law and Philosophy:1-42.score: 12.0
    In a morally non-ideal legal system, how can law bind its subjects? How can the fact of a norm’s legality make it the case that practical reason is bound by that norm? Moreover, in such circumstances, what is the extent and character of law’s bindingness? I defend here an answer to these questions. I present a non-ideal theory of legality’s ability to produce binding reasons for action. It is not a descriptive account of law and its claims, it (...)
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  29. Zenon Bańkowski (2001). Law, Love and Legality. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 14 (2):199-213.score: 12.0
    The argument of this paper is that our lives have meaning because theyare structured by rules which are open to the outside, through which theoutside can reflexively fold back into the rules so that it canregenerate and transform them. It is this process that constitutes theunity and integrity of our lives and gives them coherence. Our lives donot have certainty in the sense that there is always a definite answeras to how we should live. It is in the reflexive unity (...)
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  30. Tatjana Gajic (2008). Francoist Legality: On the Crisis of Authority and the Limits of Liberalism in Jesús Fueyo and José Ortega y Gasset. The European Legacy 13 (2):161-174.score: 12.0
    This paper focuses on a crucial and insufficiently examined issue of the conflict between legality and legitimacy, seen as a key element in securing continuity and providing the intellectual justification of the Francoist regime. Without analyzing the tension between legality and legitimacy, it is impossible to comprehend and successfully dismantle the thesis of the regime's intellectuals, recently revitalized by revisionist historians, according to which Francoism succeeded in re-establishing historical continuity and political normalcy in Spanish society. In the context (...)
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  31. Dalia Vitkauskaitė-Meurice & Martynas Bandza (2013). Particularities of Legal Regulation of the International Operations. Jurisprudence 20 (3):1131-1151.score: 11.0
    Pasibaigus Šaltajam karui smarkiai išaugęs tarptautinių konfliktų skaičius bei identifikuotos naujos grėsmės paskatino tarptautines organizacijas, tokias kaip Jungtinių Tautų organizacija (toliau – JTO) ir Šiaurės Atlanto sutarties organizacija (toliau – NATO) peržiūrėti Šaltojo karo metu taikytą jėgos panaudojimo praktiką, poreikį ir priemones reaguoti į konfliktus. Tokiomis priemonėmis kaip tik ir tapo vadinamieji „mėlynieji šalmai“, kurie Jungtinių Tautų valstybių narių yra priskiriami Jungtinių Tautų Saugumo Tarybos sankcionuotoms operacijoms vykdyti. Nors priskirtos pajėgos vykdydamos tarptautines operacijas dėvi Jungtinių Tautų simboliką, tačiau jų pavaldumas (...)
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  32. Jurgen Habermas (1999). Bestiality and Humanity: A War on the Border Between Legality and Morality. Constellations 6 (3):263-272.score: 10.0
  33. William A. Edmundson (2011). Shmegality: A Review of Scott J Shapiro, Legality. [REVIEW] Jurisprudence 2 (1):273-291.score: 10.0
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  34. Massimo la Torre (1999). David Dyzenhaus, Legality and Legitimacy: Carl Schmitt, Hans Kelsen and Hermann Heller in Weimar:Legality and Legitimacy: Carl Schmitt, Hans Kelsen and Hermann Heller in Weimar. Ethics 109 (3):662-663.score: 10.0
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  35. John Gardner (2004). The Legality of Law. Ratio Juris 17 (2):168-181.score: 10.0
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  36. Avery Plaw (2007). Terminating Terror
    The Legality, Ethics and Effectiveness of Targeting Terrorists.
    Theoria 54 (114):1-27.
    score: 10.0
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  37. Brian H. Bix (2012). Shapiro , Scott J. Legality . Cambridge, MA: Belknap Press of Harvard University Press, 2011. Pp. 472. $39.95 (Cloth). Ethics 122 (2):444-448.score: 10.0
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  38. Gustav Brink, Comments on Trade Commitment Compatibility and Wto Legality of Possible Industrial Policy Measures to Promote the Competitiveness of South African Processed Fruit Exports.score: 10.0
    The purpose of this document is to consider possible industrial policy measures that could be contemplated by the South African Government to provide support for the export competitiveness of the country’s processed fruit products. It follows an earlier analysis by Don Ross, which argued for the conclusion that the industry meets key criteria for economically justifiable industrial policy assistance. That is, it offers a premium product that can be amplified in value by brand strengthening, can be positioned more advantageously than (...)
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  39. J. Ryberg (2011). Limits of Legality: The Ethics of Lawless Judging * by Jeffrey Brand-Ballard. Analysis 71 (4):796-798.score: 10.0
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  40. Robert Young (2013). 'Debating the Morality and Legality of Medically Assisted Dying'. Critical Notice of Emily Jackson and John Keown, Debating Euthanasia. Oxford: Hart Publishing, 2012. [REVIEW] Criminal Law and Philosophy 7 (1):151-160.score: 10.0
    In this Critical Notice of Emily Jackson and John Keown’s Debating Euthanasia , the respective lines of argument put forward by each contributor are set out and the key debating points identified. Particular consideration is given to the points each contributor makes concerning the sanctity of human life and whether slippery slopes leading from voluntary medically assisted dying to non-voluntary euthanasia would be established if voluntary medically assisted dying were to be legalised. Finally, consideration is given to the positions adopted (...)
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  41. Barbara Robin Mescher (2008). The Business of Commercial Legal Advice and the Ethical Implications for Lawyers and Their Clients. Journal of Business Ethics 81 (4):913 - 926.score: 10.0
    Company directors and executives seek legal advice outside the company on a regular basis. This advice is meant to be given within the context of the lawyers’ professional obligations and ethical practise. What clients may not appreciate is there is often a conflict of interest between the lawyers’ professional and ethical concerns and the legal advice business. If lawyers follow their business interests, their advice may be incomplete especially in relation to the ethical consequences of that advice. This could lead (...)
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  42. Dimitrios Kyritsis (2008). David Dyzenhaus, The Constitution of Law: Legality in a Time of Emergency. Criminal Law and Philosophy 2 (1):95-98.score: 10.0
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  43. G. Yaffe (2012). Legality. Philosophical Review 121 (3):457-460.score: 10.0
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  44. Thomas McCarthy (2003). Review: Unjust Legality: A Critique of Habermas's Philosophy of Law. [REVIEW] Mind 112 (448):762-765.score: 10.0
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  45. John Slatter (1996). P.A. Kropotkin on Legality and Ethics. Studies in East European Thought 48 (2-4):255 - 276.score: 10.0
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  46. Jennet Kirkpatrick (2012). Democracy on the Lam: Crisis, Constitutionalism and Extra-Legality. Contemporary Political Theory 11 (3):264.score: 10.0
  47. David Dyzenhaus (2011). Brand-Ballard , Jeffrey . Limits of Legality: The Ethics of Lawless Judging .Oxford: Oxford University Press, 2010. Pp. 354. $65.00 (Cloth). [REVIEW] Ethics 121 (2):420-423.score: 10.0
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  48. David A. J. Richards (1982). Book Review:Legality, Morality, and Ethics in Criminal Justice. Nicholas N. Kittrie, Jackwell Susman. [REVIEW] Ethics 92 (3):563-.score: 10.0
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  49. Thomas Douglas (2007). Ethics Committees and the Legality of Research. Journal of Medical Ethics 33 (12):732-736.score: 10.0
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  50. S. Leach (1997). Legality and Locality. Oxford Journal of Legal Studies 17 (4):677-684.score: 10.0
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