Search results for 'philosophical jurisprudence' (try it on Scholar)

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  1. Aulis Aarnio (1983). Philosophical Perspectives in Jurisprudence. Distributed by Academic Bookstore.score: 84.0
     
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  2. W. Lowenhaupt (1974). Books and Articles on Natural Law, Jurisprudence, and Related Areas: A Bibliography of Legal-Philosophical Material Published in Germany, Switzerland, Austria, France, and Italy, 1973. American Journal of Jurisprudence 19 (1):145-162.score: 78.0
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  3. Donald R. Kelley (1976). Vera Philosophia: The Philosophical Significance of Renaissance Jurisprudence. Journal of the History of Philosophy 14 (3):267-279.score: 72.0
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  4. Morris R. Cohen (1913). Jurisprudence as a Philosophical Discipline. Journal of Philosophy, Psychology and Scientific Methods 10 (9):225-232.score: 72.0
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  5. Jésus Ezquerro (1985). Philosophical Perspectives in Jurisprudence. Theoria 1 (2):579-584.score: 72.0
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  6. Christine Parker (2010). Philosophical Legal Ethics: Ethics, Morals and Jurisprudence - Introduction. Legal Ethics 13 (2):165.score: 72.0
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  7. Ota Weinberger (2000). The Philosophical Basis of Practical Philosophy, Mainly of Jurisprudence. Rechtstheorie 31 (2):167-184.score: 72.0
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  8. Paul Franco & Leslie Marsh (eds.) (2012). A Companion to Michael Oakeshott. Penn State.score: 62.0
    Michael Oakeshott has long been recognized as one of the most important political philosophers of the twentieth century, but until now no single volume has been able to examine all the facets of his wide-ranging philosophy with sufficient depth, expertise, and authority. The essays collected here cover all aspects of Oakeshott’s thought, from his theory of knowledge and philosophies of history, religion, art, and education to his reflections on morality, politics, and law. The volume provides an authoritative and synoptic guide (...)
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  9. Francis J. Beckwith (2011). Or We Can Be Philosophers: A Response to Barbara Forrest. Synthese:1-23.score: 60.0
    This article is a response to Barbara Forrest’ 2011 Synthese article, “On the Non-Epistemology of Intelligent Design.” Forrest offers an account of my philosophical work that consists almost entirely of personal attacks, excursions into my religious pilgrimage, and misunderstandings and misrepresentations of my work as well as of certain philosophical issues. Not surprisingly, the Synthese editors include a disclaimer in the front matter of the special issue in which Forrest’s article was published. In my response, I address three (...)
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  10. Knud Haakonssen (1981). The Science of a Legislator: The Natural Jurisprudence of David Hume and Adam Smith. Cambridge University Press.score: 54.0
    Combining the methods of the modern philosopher with those of the historian of ideas, Knud Haakonssen presents an interpretation of the philosophy of law which Adam Smith developed out of - and partly in response to - David Hume's theory of justice. While acknowledging that the influences on Smith were many and various, Dr Haakonssen suggests that the decisive philosophical one was Hume's analysis of justice in A Treatise of Human Nature and the second Enquiry. He therefore begins with (...)
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  11. Wilfrid J. Waluchow & Stefan Sciaraffa (eds.) (2013). Philosophical Foundations of the Nature of Law. Oxford University Press.score: 54.0
    Part I. Furthering debate between leading theories of Law -- The Explantory Role of the Weak Natural Law Thesis -- In Defense of Hart -- Law's Authority is not a Claim to Preemption -- The Normative Fallacy Regarding Law's Authority -- The Problem about the Nature of Law vis-à-vis Legal Rationality Revisited : Towards an Integrative Jurisprudence -- Part II. The Power of Legal Systems -- Law as Power : Two Rule of Law Requirements -- A Comprehensive Hartian Theory (...)
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  12. Denise Meyerson (2011). Jurisprudence. Oxford University Press.score: 54.0
    Jurisprudence explores fundamental questions about law and justice from a philosophical and theoretical perspective. Rather than merely describing the field, the book provides rigorous evaluation of jurisprudential arguments and explains in clear, accurate and accessible terms, the complex and cutting-edge debates which define the field of contemporary jurisprudence.
     
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  13. Scott Veitch, Emilios A. Christodoulidis & Lindsay Farmer (eds.) (2007). Jurisprudence: Themes and Concepts. Routledge-Cavendish.score: 54.0
    This new book takes an innovative and novel approach to the study of jurisprudence. Drawing together a range of specialists, making original contributions, it provides a summary, analysis, and critique of basic themes in, and major contributions to, the study of jurisprudence. The book explores issues and ideas in jurisprudence in a way that integrates them with legal study more broadly, avoiding the tendency in recent years for the subject to become overly inward-looking, specialist and technical, leaving (...)
     
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  14. James Lee (2010). MacCormick's Jurisprudence Determined. Jurisprudence 1 (1):105-119.score: 48.0
    This review examines the final three books in the late Professor Sir Neil MacCormick's series "Law, State and Practical Reason": Rhetoric and the Rule of Law; Institutions of Law: An Essay in Legal Theory; and Practical Reason in Law and Morality . The books represent a monumental accomplishment, providing a restatement of his positions in jurisprudence, while embracing and confronting a remarkable range of traditions and philosophical approaches. Advancing what he terms a "post-positivistic view of law". MacCormick provides (...)
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  15. Nicola Lacey (2013). The Jurisprudence Annual Lecture 2013 Institutionalising Responsibility: Implications for Jurisprudence. Jurisprudence 4 (1):1-19.score: 48.0
    In this paper, the author suggest that the historical and institutional conditions of existence of the concepts which animate legal argumentation – like the historical and institutional conditions of existence of certain forms of law – are of interest not only in their own right, but also because they raise methodological issues for jurisprudence. These include questions about the relationship between concepts and the social phenomena which they purport to categorise; about the relationship between philosophical and other forms (...)
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  16. Jonathan Crowe (2012). Natural Law Beyond Finnis. Jurisprudence 2 (2):293-308.score: 42.0
    The natural law tradition in ethics and jurisprudence has undergone a revival in recent years, sparked by the work of John Finnis and the 'new natural law theorists' in the early 1980s. The ensuing decades have seen the emergence of an increasingly rich body of natural law scholarship, but this diversification has gone unnoticed by many outside the field. This article seeks to clarify the relationship between the core claims of the new natural law outlook and the more specific (...)
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  17. Brian Leiter, In Praise of Realism (and Against 'Nonsense' Jurisprudence).score: 42.0
    Ronald Dworkin describes an approach to how courts should decide cases that he associates with Judge Richard Posner as a Chicago School of anti-theoretical, no-nonsense jurisprudence. Since Professor Dworkin takes his own view of adjudication to be diametrically opposed to that of the Chicago School, it might seem fair, then, to describe Dworkin's own theory as an instance of pro-theoretical, nonsense jurisprudence. That characterization is not one, needless to say, that Professor Dworkin welcomes. Dworkin describes his preferred approach (...)
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  18. Adam Thurschwell (2009). On Continental Philosophy in American Jurisprudence. In Francis J. Mootz & William S. Boyd (eds.), On Philosophy in American Law. Cambridge University Press. 130.score: 42.0
    This paper was written for a forthcoming Cambridge University Press anthology titled "On Philosophy in American Law" that commemorates the 75th anniversary of Karl Llewellyn's essay of the same name. Karl Llewellyn was a founder of the Legal Realist movement in American jurisprudence, and his essay is most obviously read as a brief for that movement, in which he argues that a Realist focus on underlying social needs better explains the course of American legal history than do the competing (...)
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  19. A. W. B. Simpson (2011). Reflections on the Concept of Law. Oxford University Press.score: 42.0
    The apology to the reader -- The corpus chair and oxford jurisprudence as evolved by 1952 -- The gladsome light of philosophical jurisprudence -- The elusive sources of Hart's ideas in The Concept of Law -- Cyclops, hedgehogs, and foxes -- Where Homer nodded? -- Judging a pioneer.
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  20. Jules L. Coleman (2007). Beyond the Separability Thesis: Moral Semantics and the Methodology of Jurisprudence. Oxford Journal of Legal Studies 27 (4):581-608.score: 42.0
    Next SectionIn emphasizing the importance of the separability thesis, legal philosophers have inadequately appreciated other philosophically important ways in which law and morality are or might be connected with one another. In this article, I argue that the separability thesis cannot shoulder the philosophical burdens that it has been asked to bear. I then turn to two issues of greater importance to jurisprudence. These are ‘the moral semantics of law’ and ‘the normativity of theory construction in jurisprudence’. (...)
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  21. Brian Leiter (2011). The Demarcation Problem in Jurisprudence: A New Case for Scepticism. Oxford Journal of Legal Studies 31 (4):663-677.score: 42.0
    Legal philosophers have been preoccupied with specifying the differences between two systems of normative guidance that are omnipresent in all modern human societies: law and morality. Positivists propose a solution to this ‘Demarcation Problem’ according to which the legal validity of a norm cannot depend on its being morally valid, either in all or at least some possible legal systems. The proposed analysis purports to specify the essential and necessary features of law in virtue of which this is true. Yet, (...)
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  22. Alexandre Lefebvre (2011). Law and the Ordinary: Hart, Wittgenstein, Jurisprudence. Telos 2011 (154):99-118.score: 42.0
    ExcerptIt is often observed by H. L. A. Hart, and also by his friends and interpreters, that when he accepted Oxford's Chair of Jurisprudence in 1952 his field was in a bad way. Looking back in an interview, Hart remarks that at the time British jurisprudence “had no broad principles, no broad faith; it confronted no large questions…. It focused on technical, legal problems. There were no large-scale inquiries into the philosophical dimensions of law…. There was no (...)
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  23. Dennis M. Patterson (1996). Law and Truth. Oxford University Press.score: 36.0
    Are propositions of law true or false? If so, what does it mean to say that propositions of law are true and false? This book takes up these questions in the context of the wider philosophical debate over realism and anti-realism. Despite surface differences, Patterson argues that the leading contemporary jurisprudential theories all embrace a flawed conception of the nature of truth in law. Instead of locating that in virtue of which propositions of law are true, Patterson argues that (...)
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  24. Jeremy Horder (ed.) (2000). Oxford Essays in Jurisprudence. Oxford University Press.score: 36.0
    The fourth collection of essays in this long-established series brings together some of the leading contributors to the study of the philosophical foundations of common law. Key issues in contract, tort, and criminal law are subjected to philosophical scrutiny, the aim being to provide an exciting new basis for advanced teaching and further research.
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  25. Christopher B. Gray (2010). The Methodology of Maurice Hauriou: Legal, Sociological, Philosophical. Rodopi.score: 36.0
    Maurice Hauriou (1856-1929) -- Methodology -- Hauriou's general methodology -- Legal methodology -- Sociological methodolgy -- Methodological interplay of law and social science -- Application of methodology to large groups -- Philosophical methodology -- The philosophical status of Hauriou's methodology.
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  26. Elspeth Attwooll (ed.) (1977). Perspectives in Jurisprudence. University of Glasgow Press.score: 36.0
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  27. N. E. Simmonds (2007). Law as a Moral Idea. Oxford University Press.score: 36.0
    This book argues that the institutions of law, and the structures of legal thought, are to be understood by reference to a moral ideal of freedom or independence from the power of others. The moral value and justificatory force of law are not contingent upon circumstance, but intrinsic to its character. Doctrinal legal arguments are shaped by rival conceptions of the conditions for realization of the idea of law. In making these claims, the author rejects the viewpoint of much contemporary (...)
     
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  28. Jules L. Coleman & Scott Shapiro (eds.) (2002). The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.score: 34.0
    One of the first volumes in the new series of prestigious Oxford Handbooks, The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-seven of the foremost legal theorists currently writing, to provide a state of the art overview of jurisprudential scholarship. Each author presents an account of the contending views and scholarly debates animating their field of enquiry as well as setting the agenda for further study. This landmark publication will be essential reading (...)
     
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  29. Margaret Martin (2010). Raz's The Morality of Freedom: Two Models of Authority. Jurisprudence 1 (1):63-84.score: 30.0
    Seventeenth century philosophers were pre-occupied with the justification for the use of coercion; the nature and scope of the citizen's duty to obey the law was a central concern. The typical philosophical accounts which attempt to articulate the conditions under which a citizen has an obligation to obey the law tend to fall into two camps: those that ground the obligation to obey the law in consent, and those that ground it in benefits received, or possibly a combination of (...)
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  30. David Lyons (1991). In the Interest of the Governed: A Study in Bentham's Philosophy of Utility and Law. Oxford University Press.score: 30.0
    Although known as the founder of modern utilitarianism and the source of analytical jurisprudence, Bentham today is infrequently read but often caricatured. The present book offers a reinterpretation of Bentham's main philosophical doctrines, his principle of utility and his analysis of law, philosophical doctrines, as they are developed in Bentham's most important works. A new reading is also given to his theory of law, which suggests Bentham's insight, originality, and continued interest for philosophers and legal theorists. First (...)
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  31. Jeffrie G. Murphy (1990). Philosophy of Law: An Introduction to Jurisprudence. Westview Press.score: 30.0
    In this revised edition, two distinguished philosophers have extended and strengthened the most authoritative text available on the philosophy of law and jurisprudence. While retaining their comprehensive coverage of classical and modern theory, Murphy and Coleman have added new discussions of the Critical Legal Studies movement and feminist jurisprudence, and they have strengthened their treatment of natural law theory, criminalization, and the law of torts. The chapter on law and economics remains the best short introduction to that difficult, (...)
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  32. Tony Honoré (1987). Making Law Bind: Essays Legal and Philosophical. Oxford University Press.score: 30.0
    Expressing views not easily placed within any one school of opinion, this collection of the papers of Tony Honore reflects the author's contribution, as both critic and participant in debate, to the study of legal philosophy over the last twenty-five years. His wide-ranging essays cover such topics as motivation to conform to the law, norms and obligations, and rights and justice, and conclude with an essay supporting the use of law to encourage or reinforce morality.
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  33. Allan C. Hutchinson (2010). Razzle-Dazzle. Jurisprudence 1 (1):39-61.score: 30.0
    As their title suggests, "legal philosophers" are more philosophers than lawyers; they are in the business of thinking generally about law rather than doing law in any practical way. While lawyers tend to be jurisdiction-specific in their affiliations and competence, legal philosophers are under no such restriction. At their most ambitious, legal philosophers claim dominion over a jurisprudential realm that is delineated by neither geography nor history. Indeed, presenting themselves as intellectual citizens of the whole legal world, their crafted contributions (...)
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  34. Raymond L. Weiss (1991). Maimonides' Ethics: The Encounter of Philosophic and Religious Morality. University of Chicago Press.score: 30.0
    In this book Raymond L. Weiss examines how a seminal Jewish thinker negotiates the philosophical conflict between Athens and Jerusalem in the crucial area of ethics. Maimonides, a master of both the classical and the biblical-rabbinic traditions, reconciled their differing views of morality primarily in the context of Jewish jurisprudence. Taking into consideration the entire corpus of Maimonides' writings, Weiss focuses on the ethical sections of the Commentary on the Mishnah and the Mishneh Torah , but also discusses (...)
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  35. H. L. A. Hart (1994). The Concept of Law. Oxford University Press.score: 30.0
    The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political (...)
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  36. Kenneth Seeskin (ed.) (2005). The Cambridge Companion to Maimonides. Cambridge University Press.score: 30.0
    One aim of this series is to dispel the intimidation readers feel when faced with the work of difficult and challenging thinkers. Moses ben Maimon, also known as Maimonides (1138-1204), represents the high point of Jewish rationalism in the middle ages. He played a pivotal role in the transition of philosophy from the Islamic East to the Christian West. His greatest philosophical work, The Guide of the Perplexed, had a decisive impact on all subsequent Jewish thought and is still (...)
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  37. Kody W. Cooper (2012). The Prolife Leviathan. American Catholic Philosophical Quarterly 86 (4):557-581.score: 30.0
    Thomas Hobbes’s innovative anthropology and novel doctrines of natural right, natural law, and positive law have been taken to inaugurate a tradition that grows into modern United States abortion jurisprudence. In this essay I argue that a careful rereading of Hobbes reveals that the characterization of Hobbes as the philosophical and jurisprudential forefather of abortion rights is false. While Hobbes never directly addressed the question of abortion, I argue that we can reconstruct his position from his philosophical (...)
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  38. Richard N. Bronaugh (ed.) (1978). Philosophical Law: Authority, Equality, Adjudication, Privacy. Greenwood Press.score: 30.0
  39. Ernest Beyaraza (2003). Social Foundations of Law: A Philosophical Analysis. [S.N.].score: 30.0
     
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  40. Scott Hershovitz (ed.) (2006). Exploring Law's Empire: The Jurisprudence of Ronald Dworkin. Oxford University Press.score: 30.0
    Exploring Law's Empire is a collection of essays by leading legal theorists and philosophers who have been invited to develop, defend, or critique Ronald Dworkin's controversial and exciting jurisprudence. The volume explores Dworkin's critique of legal positivism, his theory of law as integrity, and his writings on constitutional jurisprudence. Each essay is a cutting-edge contribution to its field of inquiry, the highlights of which include an introduction by Justice Stephen Breyer of the United States Supreme Court, and a (...)
     
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  41. Azevedo Marco Antonio (2013). Commands and Claims. In Bartosz Wojciechowski, Karolina M. Cern & Piotr W. Juchacz (eds.), DIA-LOGOS, VOL 15: Legal Rules, Moral Norms and Democratic Principles. Peter Lang.score: 30.0
    Notwithstanding the widely accepted view that rights establish normative constraints on authority’s powers, command is still a core notion in modern philosophical jurisprudence. Nevertheless, if Herbert Hart is correct in his analysis on the deficiencies of the traditional command theories, a command is binding only if there is a right of being obeyed implying authority. My main objective in this paper is to make explicit the semantical and normative relations between rights and commands. In the first part, after (...)
     
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  42. A. W. B. Simpson (ed.) (1973). Oxford Essays in Jurisprudence, Second Series. Oxford,Clarendon Press.score: 30.0
    These essays deal with central and controversial issues in jurisprudence. This volume emphasizes legal theory, and the collection will be of interest to students of and others involved with political philosophy as well as law students and philosophers.
     
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  43. Roger Cotterrell (2014). Why Jurisprudence Is Not Legal Philosophy. Jurisprudence 5 (1):41-55.score: 26.0
    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 practice, rooted (...)
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  44. Scott J. Shapiro (2007). The "Hart-Dworkin" Debate : A Short Guide for the Perplexed. In Arthur Ripstein (ed.), Ronald Dworkin. Cambridge University Press. 22--49.score: 24.0
    For the past four decades, Anglo-American legal philosophy has been preoccupied – some might say obsessed – with something called the “Hart-Dworkin” debate. Since the appearance in 1967 of “The Model of Rules I,” Ronald Dworkin’s seminal critique of H.L.A. Hart’s theory of legal positivism, countless books and articles have been written either defending Hart against Dworkin’s objections or defending Dworkin against Hart’s defenders. My purpose in this essay is not to declare an ultimate victor; rather it is to identify (...)
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  45. Frederick Schauer (2010). Was Austin Right After All? On the Role of Sanctions in a Theory of Law. Ratio Juris 23 (1):1-21.score: 24.0
    In modern jurisprudence it is taken as axiomatic that John Austin's sanction-based account of law and legal obligation was demolished in H.L.A. Hart's The Concept of Law , but Hart's victory and the deficiencies of the Austinian account may not be so clear. Not only does the alleged linguistic distinction between being obliged and having an obligation fail to provide as much support for the idea of a sanction-independent legal obligation as is commonly thought, but the soundness of Hart's (...)
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  46. David Luban (2007). Legal Ethics and Human Dignity. Cambridge University Press.score: 24.0
    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 (...)
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  47. Jennifer Hornsby, Louise Antony, Jennifer Saul, Natalie Stoljar, Nellie Wieland & Rae Langton (2012). Review Symposium: Rae Langton, Sexual Solipsism: Philosophical Essays on Pornography and Objectification. Jurisprudence 2 (2):379-440.score: 24.0
  48. Stephen Guest (2008). Exploring Law's Empire: The Jurisprudence of Ronald Dworkin - Edited by Scott Hershowitz. Philosophical Books 49 (3):280-283.score: 24.0
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  49. Sven Ove Hansson (2001). The Structure of Values and Norms. Cambridge University Press.score: 24.0
    Formal representations of values and norms are employed in several academic disciplines and specialties, such as economics, jurisprudence, decision theory, and social choice theory. Sven Ove Hansson closely examines such foundational issues as the values of wholes and the values of their parts, the connections between values and norms, how values can be decision-guiding and the structure of normative codes with formal precision. Models of change in both preferences and norms are offered, as well as a new method to (...)
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  50. Leslie Green & Brian Leiter (eds.) (2011). Oxford Studies in Philosophy of Law. Oxford University Press.score: 24.0
    The essays range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning), the philosophical foundations of specific ...
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