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

1000+ found
Sort by:
  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: 19.0
    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.
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  2. Hans Lindahl (2008). Border Crossings by Immigrants: Legality, Illegality, and Alegality. Res Publica 14 (2):117-135.score: 18.0
    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 (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  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: 18.0
    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 (...)
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  4. Lars Vinx (2007). Hans Kelsen's Pure Theory of Law: Legality and Legitimacy. Oxford University Press.score: 14.0
    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.
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  5. Scott Shapiro (2011). Legality. Harvard University Press.score: 14.0
    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.
    Direct download  
     
    My bibliography  
     
    Export citation  
  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: 13.0
    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. (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  7. Emily Sherwin (2013). Legality and Rationality: A Comment on Scott Shapiro's Legality. Legal Theory 19 (4):403-421.score: 13.0
    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 (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  8. Jules L. Coleman (2000). Constraints on the Criteria of Legality. Legal Theory 6 (2):171-183.score: 13.0
    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 (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  9. John Gardner (2011). Hart on Legality, Justice and Morality. Jurisprudence 1 (2):253-265.score: 12.0
    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 (...)
    Translate to English
    | Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  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: 12.0
    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 (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  11. Giovanni Sartor (2009). Legality Policies and Theories of Legality: From Bananas to Radbruch's Formula. Ratio Juris 22 (2):218-243.score: 12.0
    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 (...)
    Direct download (7 more)  
     
    My bibliography  
     
    Export citation  
  12. Michael N. Schmitt * (2004). The Legality of Operation Iraqi Freedom Under International Law. Journal of Military Ethics 3 (2):82-104.score: 12.0
    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 (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  13. Costas Douzinas, Peter Goodrich & Yifat Hachamovitch (eds.) (1994). Politics, Postmodernity, and Critical Legal Studies: The Legality of the Contingent. Routledge.score: 12.0
    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 (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  14. Peter Westen (2007). Two Rules of Legality in Criminal Law. Law and Philosophy 26 (3):229-305.score: 12.0
    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 (...)
    Direct download (9 more)  
     
    My bibliography  
     
    Export citation  
  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: 12.0
    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 (...)
    No categories
    Direct download  
     
    My bibliography  
     
    Export citation  
  16. Matthew Zagor, “I Am the Law!”—Perspectives of Legality.score: 12.0
    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 (...)
    Translate to English
    | Direct download  
     
    My bibliography  
     
    Export citation  
  17. Maksymilian T. Madelr, The Spatio-Temporality of Objectification in Legal Theory: Concepts of Legality Between Theory and Practice.score: 12.0
    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 (...)
    No categories
    Direct download  
     
    My bibliography  
     
    Export citation  
  18. 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: 12.0
    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, (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  19. Keith Charles Culver (2010). Legality's Borders: An Essay in General Jurisprudence. Oxford University Press.score: 12.0
    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 (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  20. 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: 10.0
    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 (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  21. Jeffrey Brand-Ballard (2010). Limits of Legality: The Ethics of Lawless Judging. Oxford University Press.score: 10.0
    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.
    Direct download  
     
    My bibliography  
     
    Export citation  
  22. 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: 10.0
    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 (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  23. 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: 10.0
    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.
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  24. 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: 10.0
     
    My bibliography  
     
    Export citation  
  25. 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: 10.0
    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 (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  26. 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: 10.0
     
    My bibliography  
     
    Export citation  
  27. 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: 10.0
     
    My bibliography  
     
    Export citation  
  28. Dalia Vitkauskaitė-Meurice & Martynas Bandza (2013). Particularities of Legal Regulation of the International Operations. Jurisprudence 20 (3):1131-1151.score: 9.0
    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 (...)
    Translate to English
    | Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  29. 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: 8.0
    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 (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  30. Zenon Bańkowski (2001). Law, Love and Legality. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 14 (2):199-213.score: 8.0
    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 (...)
    No categories
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  31. 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: 8.0
    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 (...)
    No categories
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  32. Karen S. Peddle (2007). In the Name of the Father: The Elizabethan Response to Recusancy by Married Catholic Women, 1559–1586. [REVIEW] Feminist Legal Studies 15 (3):307-328.score: 8.0
    The extraction of a pecuniary penalty for the recusancy of married women was a heavily contested issue in the Parliament of Elizabeth. Under the rules of coverture, married women controlled no property. It was thus ineffective to fine them, for they were unable to pay the penalty. As a result, the government attempted to hold husbands responsible for the penalties of their wives through the use of recognizances under the auspices of the Commissions for Causes Ecclesiastical, a prerogative court. Research (...)
    No categories
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  33. Kenneth M. Ehrenberg (2011). The Anarchist Official: A Problem for Legal Positivism. Australian Journal of Legal Philosophy 36:89-112.score: 7.0
    I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system can continue to exist (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  34. Andreas Wagner (2011). Francisco de Vitoria and Alberico Gentili on the Legal Character of the Global Commonwealth. Oxford Journal of Legal Studies 31 (3):565-582.score: 7.0
    In discussing the works of 16th-century theorists Francisco de Vitoria and Alberico Gentili, this article examines how two different conceptions of a global legal community affect the legal character of the international order and the obligatory force of international law. For Vitoria the legal bindingness of ius gentium necessarily presupposes an integrated character of the global commonwealth that leads him to as it were ascribe legal personality to the global community as a whole. But then its legal status and its (...)
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  35. Alexander A. Guerrero (2012). Lawyers, Context, and Legitimacy: A New Theory of Legal Ethics. Georgetown Journal of Legal Ethics 25 (1):107-164.score: 7.0
    Even good lawyers get a bad rap. One explanation for this is that the professional rules governing lawyers permit and even require behavior that strikes many as immoral. The standard accounts of legal ethics that seek to defend these professional rules do little to dispel this air of immorality. The revisionary accounts of legal ethics that criticize the professional rules inject a hearty dose of morality, but at the cost of leaving lawyers unrecognizable as lawyers. This article suggests that the (...)
    Translate to English
    | Direct download  
     
    My bibliography  
     
    Export citation  
  36. David Gawthorne (2013). Fictionalising Jurisprudence: An Introduction to Strong Legal Fictionalism. Australian Journal of Legal Philosophy 38:52-73.score: 7.0
    The proposed theoretical motivation for legal fictionalism begins by focusing upon the seemingly supernatural powers of creation and control that mere mortals exercise over legal things, as a subclass of socially constructed things. This focus brings to the fore a dilemma of uncharitableness concerning the ontological commitments expressed in the discourse of whole societies about such things. Either, there is widespread equivocation as to the fundamental concept expressed by terms such as ‘existence’ or our claims about legal and other institutional (...)
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  37. Thérèse Murphy & Noel Whitty (2006). The Question of Evil and Feminist Legal Scholarship. Feminist Legal Studies 14 (1):1-26.score: 7.0
    In this article, we argue that feminist legal scholars should engage directly and explicitly with the question of evil. Part I summarises key facts surrounding the prosecution and life-long imprisonment of Myra Hindley, one of a tiny number of women involved in multiple killings of children in recent British history. Part II reviews a range of commentaries on Hindley, noting in particular the repeated use of two narratives: the first of these insists that Hindley is an icon of female evil; (...)
    No categories
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  38. Maria Drakopoulou (2000). The Ethic of Care, Female Subjectivity and Feminist Legal Scholarship. Feminist Legal Studies 8 (2):199-226.score: 7.0
    The object of this essay is to explore the central role played by the ‘ethic of care’ in debates within and beyond feminist legal theory. The author claims that the ethic of care has attracted feminist legal scholars in particular, as a means of resolving the theoretical, political and strategic difficulties to which the perceived ‘crisis of subjectivity’ in feminist theory has given rise. She argues that feminist legal scholars are peculiarly placed in relation to this crisis because of their (...)
    No categories
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  39. Ori J. Herstein (2013). A Legal Right to Do Legal Wrong. Oxford Journal of Legal Studies (1):gqt022.score: 7.0
    The literature, as are the intuitions of many, is sceptical as to the coherence of ‘legal rights to do legal wrong’. A right to do wrong is a right against interference with wrongdoing. A legal right to do legal wrong is, therefore, a right against legal enforcement of legal duty. It is, in other words, a right that shields the right holder’s legal wrongdoing. The sceptics notwithstanding, the category of ‘legal right to do legal wrong’ coheres with the concepts of (...)
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  40. Fiona M. Kay & Joan Brockman (2000). Barriers to Gender Equality in the Canadian Legal Establishment. Feminist Legal Studies 8 (2):169-198.score: 7.0
    In this paper we trace the historical exclusion of women from the legal profession in Canada. We examine women’s efforts to gain entry to law practice and their progress through the last century. The battle to gain entry to this exclusive profession took place on many fronts: in the courts, government legislature, public debate and media, and behind the closed doors of the law societies. After formal barriers to entry were dismantled, women continued to confront formidable barriers through overt and (...)
    No categories
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  41. Lucinda Vandervort (2012). Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in Edmondson, Kindrat and Brown. In Elizabeth Sheehy (ed.), SEXUAL ASSAULT IN CANADA: LAW, LEGAL PRACTICE & WOMEN'S ACTIVISM, Chapter 6, pp. 113-153. University of Ottawa Press.score: 7.0
    In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of the (...)
     
    My bibliography  
     
    Export citation  
  42. Robert Alexy (2002). The Argument From Injustice: A Reply to Legal Positivism. Oxford University Press.score: 6.0
    At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law.
    Direct download  
     
    My bibliography  
     
    Export citation  
  43. Thom Brooks (2007). Between Natural Law and Legal Positivism: Dworkin and Hegel on Legal Theory. Georgia State University Law Review 23 (3):513-60.score: 6.0
    In this article, I argue that - despite the absence of any clear influence of one theory on the other - the legal theories of Dworkin and Hegel share several similar and, at times, unique positions that join them together within a distinctive school of legal theory, sharing a middle position between natural law and legal positivism. In addition, each theory can help the other in addressing certain internal difficulties. By recognizing both Hegel and Dworkin as proponents of a position (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  44. Ian Proops (2003). Kant's Legal Metaphor and the Nature of a Deduction. Journal of the History of Philosophy 41 (2):209-229.score: 6.0
    This essay partly builds on and partly criticizes a striking idea of Dieter Henrich. Henrich argues that Kant's distinction in the first Critique between the question of fact (quid facti) and the question of law (quid juris) provides clues to the argumentative structure of a philosophical "Deduction". Henrich suggests that the unity of apperception plays a role analogous to a legal factum. By contrast, I argue, first, that the question of fact in the first Critique is settled by the Metaphysical (...)
    Direct download (7 more)  
     
    My bibliography  
     
    Export citation  
  45. Scott J. Shapiro (2009). Was Inclusive Legal Positivism Founded on a Mistake? Ratio Juris 22 (3):326-338.score: 6.0
    In this paper, I present a new argument against inclusive legal positivism. As I show, any theory which permits morality to be a condition on legality cannot account for a core feature of legal activity, namely, that it is an activity of social planning. If the aim of a legal institution is to guide the conduct of the community through plans, it would be self-defeating if the existence of these plans could only be determined through deliberation on the merits. (...)
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  46. Jules L. Coleman (2009). Beyond Inclusive Legal Positivism. Ratio Juris 22 (3):359-394.score: 6.0
    In this essay, I characterize the original intervention that became Inclusive Legal Positivism, defend it against a range of powerful objections, explain its contribution to jurisprudence, and display its limitations and its modest jurisprudential significance. I also show how in its original formulations ILP depends on three notions that are either mistaken or inessential to law: the separability thesis, the rule of recognition, and the idea of criteria of legality. The first is false and is in event inessential to (...)
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  47. David Luban (2007). Legal Ethics and Human Dignity. Cambridge University Press.score: 6.0
    David Luban is one of the world's leading scholars of legal ethics. In this collection of his most significant papers from the past twenty-five years, he ranges over such topics as the moral psychology of organisational evil, the strengths and weaknesses of the adversary system, and jurisprudence from the lawyer's point of view. His discussion combines philosophical argument, legal analysis and many cases drawn from actual law practice, and he defends a theory of legal ethics that focuses on lawyers' role (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  48. F. Atria (1999). Legal Reasoning and Legal Theory Revisited. Law and Philosophy 18 (5):537-577.score: 6.0
    This article deals with the relation between a theory of law and a theory of legal reasoning. Starting from a close reading of Chapter VII of H. L. A. Hart's The Concept of Law, it claims that a theory of law like Hart's requires a particular theory of legal reasoning, or at least a theory of legal reasoning with some particular characteristics. It then goes on to say that any theory of legal reasoning that satisfies those requirements is highly implausible, (...)
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  49. Jurgen Habermas (1999). Bestiality and Humanity: A War on the Border Between Legality and Morality. Constellations 6 (3):263-272.score: 6.0
  50. William A. Edmundson (2011). Shmegality: A Review of Scott J Shapiro, Legality. [REVIEW] Jurisprudence 2 (1):273-291.score: 6.0
    Translate to English
    | Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
1 — 50 / 1000