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.
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  2.  1
    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.
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  3.  10
    Jésus Ezquerro (1985). Philosophical Perspectives in Jurisprudence. Theoria 1 (2):579-584.
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  4.  16
    Donald R. Kelley (1976). Vera Philosophia: The Philosophical Significance of Renaissance Jurisprudence. Journal of the History of Philosophy 14 (3):267-279.
  5.  2
    Christine Parker (2010). Philosophical Legal Ethics: Ethics, Morals and Jurisprudence - Introduction. Legal Ethics 13 (2):165.
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  6.  2
    Morris R. Cohen (1913). Jurisprudence as a Philosophical Discipline. Journal of Philosophy, Psychology and Scientific Methods 10 (9):225-232.
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  7. Ota Weinberger (2000). The Philosophical Basis of Practical Philosophy, Mainly of Jurisprudence. Rechtstheorie 31 (2):167-184.
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  8.  26
    Knud Haakonssen (1981). The Science of a Legislator: The Natural Jurisprudence of David Hume and Adam Smith. Cambridge University Press.
    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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  9. Denise Meyerson (2011). Jurisprudence. Oxford University Press.
    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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  10. Scott Veitch, Emilios A. Christodoulidis & Lindsay Farmer (eds.) (2007). Jurisprudence: Themes and Concepts. Routledge-Cavendish.
    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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  11.  8
    Wilfrid J. Waluchow & Stefan Sciaraffa (eds.) (2013). Philosophical Foundations of the Nature of Law. Oxford University Press.
    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.  14
    Gerald J. Postema (1998). Jurisprudence as Practical Philosophy. Legal Theory 4 (3):329-357.
    Nowhere has H.L.A. Hart's influence on philosophical jurisprudence in the English-speaking world been greater than in the way its fundamental project and method are conceived by its practitioners. Disagreements abound, of course. Philosophers debate the extent to which jurisprudence can or should proceed without appeal to moral or other values. They disagree about which participant perspective—that of the judge, lawyer, citizen, or “bad man”—is primary and about what taking up the participant perspective commits the theorist to. However, (...)
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  13. James Lee (2010). MacCormick's Jurisprudence Determined. Jurisprudence 1 (1):105-119.
    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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  14.  6
    Nicola Lacey (2013). The Jurisprudence Annual Lecture 2013 Institutionalising Responsibility: Implications for Jurisprudence. Jurisprudence 4 (1):1-19.
    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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  15.  11
    Paul Franco & Leslie Marsh (eds.) (2012). A Companion to Michael Oakeshott. Penn State.
    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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  16. Andrew Halpin (2010). The Province of Jurisprudence Contested: Critical Notice: The Province of Jurisprudence Democratized by Allan Hutchinson. Canadian Journal of Law and Jurisprudence 23 (2):515-535.
    Allan Hutchinson’s recent book, The Province of Jurisprudence Democratized, considers what is involved in seeking to establish the province of jurisprudence as a distinctive field of inquiry.Hutchinson’s principal concern with the democratization of law, legal theory, and the province of jurisprudence is examined in detail. The process of democratization and its anti-elitist character is traced through Hutchinson’s opposition to the aloof philosophical analysis of the universal in favour of an engagement with local and particular issues. However, (...)
     
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  17.  63
    Jules L. Coleman (2007). Beyond the Separability Thesis: Moral Semantics and the Methodology of Jurisprudence. Oxford Journal of Legal Studies 27 (4):581-608.
    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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  18.  10
    Brian Leiter (2011). The Demarcation Problem in Jurisprudence: A New Case for Scepticism. Oxford Journal of Legal Studies 31 (4):663-677.
    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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  19.  34
    Brian Leiter, In Praise of Realism (and Against 'Nonsense' Jurisprudence).
    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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  20.  17
    Francis J. Beckwith (2015). Or We Can Be Philosophers: A Response to Barbara Forrest. Synthese 192 (S1):1-23.
    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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  21.  45
    Jeremy Horder (ed.) (2000). Oxford Essays in Jurisprudence. Oxford University Press.
    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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  22.  7
    Alexandre Lefebvre (2011). Law and the Ordinary: Hart, Wittgenstein, Jurisprudence. Telos: Critical Theory of the Contemporary 2011 (154):99-118.
    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.  5
    John Eekelaar & John Bell (eds.) (1987). Oxford Essays in Jurisprudence. Oxford University Press.
    This third book in the Oxford Essays in Jurisprudence series continues the established format and includes contributions from distinguished scholars in the field, each attempting to relate legal theory to specific areas of the law. Among the eminent contributors are Andrew Ashworth, Peter Cane, Hugh Collins, Anne de Moor, Jim Harris, Simon Lee, Bernard Rudden, and Christopher McCrudden.
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  24.  14
    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.
    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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  25. Allan C. Hutchinson (2009). The Province of Jurisprudence Democratized. Oxford University Press Usa.
    The Province of Jurisprudence Democratized explores the implications of taking a vigorously democratic approach to issues of traditional legal theory. Allan C. Hutchinson introduces the democratic vision and examines the complementary philosophy of a Dewey-inspired pragmatism. This is followed by an examination from a pragmatic perspective of the dominant theories of analytical jurisprudence in both their positivist and naturalist forms. He emphasizes the contested concepts of 'truth', 'facts' and 'law/morality relation' and explores what a more uncompromising democratic/pragmatic agenda (...)
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  26. John J. Coughlin (2012). Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law. Oxford University Press Usa.
    Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law takes up the fundamental question "What is law?" through a consideration of the interrelation of the concepts of law, person, and community. As with the concept of law described by secular legal theorists, canon law aims to set a societal order that harmonizes the interests of individuals and communities, secures peace, guarantees freedom, and establishes justice. At the same time, canon law rests upon a traditional understanding of (...)
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  27. Stefan Sciaraffa (2017). The Nature of Law: A Philosophical Inquiry. Routledge.
    This book is an attempt to provide a philosophical answer to the simple question, "What is the law?" as well as address the various debates this question has spawned. Along the way, it develops a unique position within analytic jurisprudence by carefully distinguishing between a theory of the nature of a legal system and a theory of the nature of legal content. Finally, it applies the framework established in the first part of the book to two substantive areas (...)
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  28. Mary Sigler (2003). Contradiction, Coherence, and Guided Discretion in the Supreme Court's Capital Sentencing Jurisprudence. Dissertation, Arizona State University
    This project explores the "contradiction" that critics contend lies at the heart of the Supreme Court's capital sentencing jurisprudence. The doctrine of "guided discretion," represents the Court's attempt to achieve both consistency and individuation in capital sentencing. Guided discretion rejects the unbridled sentencing discretion of an earlier era that resulted in sentencing decisions that were "arbitrary and capricious." At the same time, guided discretion requires juries to give individualized consideration to the facts and circumstances of individual defendants. Critics contend (...)
     
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  29.  1
    Jakob V. H. Holtermann (2014). Naturalizing Alf Ross’s Legal Realism. A Philosophical Reconstruction. Revus 24:165-186.
    This article addresses a pertinent challenge to Scandinavian realism which follows from the widespread perception that the fundamental philosophical premises on which the movement relies, are no longer tenable. Focusing on Alf Ross’s version of Scandinavian realism which has often been at the centre of critical attention, the author argues that Ross’s theory can survive the fall of logical positivism through an exercise of philosophical reconstruction. More specifically, he claims that it is possible to dismount Ross’s realist legal (...)
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  30.  31
    Tony Honoré (1987). Making Law Bind: Essays Legal and Philosophical. Oxford University Press.
    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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  31.  1
    Elspeth Attwooll (ed.) (1977). Perspectives in Jurisprudence. University of Glasgow Press.
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  32.  1
    Edgar Bodenheimer (1940). Jurisprudence. London, Mcgraw-Hill Book Company.
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  33.  15
    Christopher B. Gray (2010). The Methodology of Maurice Hauriou: Legal, Sociological, Philosophical. Rodopi.
    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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  34.  9
    Anthony Gordon Guest (ed.) (1961). Oxford Essays in Jurisprudence: A Collaborative Work. Oxford University Press.
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  35.  1
    Jerome Hall (1973). Foundations of Jurisprudence. Indianapolis,Bobbs-Merrill.
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  36. Janice Richardson (2004). Selves, Persons, Individuals Philosophical Perspectives on Women and Legal Obligations. Monograph Collection (Matt - Pseudo).
  37.  73
    Jonathan Crowe (2011). Natural Law Beyond Finnis. Jurisprudence 2 (2):293-308.
    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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  38. Ernest Beyaraza (2003). Social Foundations of Law: A Philosophical Analysis. [S.N.].
     
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  39. Richard N. Bronaugh (ed.) (1978). Philosophical Law: Authority, Equality, Adjudication, Privacy. Greenwood Press.
  40. Mark Murphy (2007). Philosophical Anarchisms, Moral and Epistemological. Canadian Journal of Law and Jurisprudence 20 (1):95-112.
    The moral formulation of philosophical anarchism is that most persons, even in just political communities, do not have a moral obligation to obey the law. The epistemological formulation of philosophical anarchism is that most persons are unjustified in believing that they have a moral obligation to obey the law. But the philosophical anarchists’ argument strategies do not, and in fact cannot, show that belief in the moral obligation to obey the law is unjustified. And, further, given that (...)
     
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  41. Nigel Simmonds (2005). Jurisprudence as a Moral and Historical Inquiry. Canadian Journal of Law and Jurisprudence 18 (2).
    The essay builds on the claim that the concept of law is best understood as structured by an abstract archetype to which actual instances of law approximate, and that the archetype in question is an intrinsically moral idea: the idea of a realm of universality and necessity within which one can enjoy freedom as independence from the power of others. Reflection upon the nature of this archetype is a form of moral reflection upon experience, where we seek to grasp the (...)
     
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  42.  11
    A. W. B. Simpson (2011). Reflections on the Concept of Law. Oxford University Press.
    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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  43.  8
    N. E. Simmonds (2007). Law as a Moral Idea. Oxford University Press.
    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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  44. Daniel Whistler & Daniel J. Hill, Religious Discrimination and Symbolism: A Philosophical Perspective.
    This report is the product of the Arts-and-Humanities Research Council’s Connected Communities programme. The specific project being undertaken at the University of Liverpool is entitled Philosophy of Religion and Religious Communities: Defining Beliefs and Symbols. The aim of the Liverpool project as a whole is to consider the contribution philosophy of religion can make to recent debates surrounding legal cases alleging religious discrimination. Its orienting question runs, ‘when, if ever, is it acceptable to prohibit the use of religious symbols?’. The (...)
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  45.  47
    Dennis M. Patterson (1996). Law and Truth. Oxford University Press.
    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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  46.  20
    Damiano Canale (2009). Consequences of Pragmatic Conceptualism: On the Methodology Problem in Jurisprudence. Ratio Juris 22 (2):171-186.
    Abstract. The purpose of this paper is to address some of the main issues of contemporary jurisprudential methodology by considering the contribution of Jules Coleman to this subject. After a description of Coleman's methodological approach and a clarification of its philosophical background, the paper focuses on some related problems, such as the relation between linguistic meaning and conceptual content, the nature of legal concepts, the different aspects of the normativity of content, and the revisability of conceptual truths.
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  47. Paul Roberts (2011). Groundwork for a Jurisprudence of Criminal Procedure. In Antony Duff & Stuart P. Green (eds.), Philosophical Foundations of Criminal Law. Oxford University Press 379--408.
     
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  48.  19
    Jules L. Coleman (2001). Naturalized Jurisprudence and Naturalized Epistemology. Philosophical Topics 29 (1/2):113-126.
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  49.  3
    J. Finnis (1997). The Good of Marriage and the Morality of Sexual Relations: Some Philosophical and Historical Observations. American Journal of Jurisprudence 42 (1):97-134.
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  50.  57
    Stephen Guest (2008). Exploring Law's Empire: The Jurisprudence of Ronald Dworkin - Edited by Scott Hershowitz. Philosophical Books 49 (3):280-283.
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