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: 132.0
     
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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: 126.0
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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: 120.0
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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: 120.0
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  5. Jésus Ezquerro (1985). Philosophical Perspectives in Jurisprudence. Theoria 1 (2):579-584.score: 120.0
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  6. Christine Parker (2010). Philosophical Legal Ethics: Ethics, Morals and Jurisprudence - Introduction. Legal Ethics 13 (2):165.score: 120.0
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  7. Ota Weinberger (2000). The Philosophical Basis of Practical Philosophy, Mainly of Jurisprudence. Rechtstheorie 31 (2):167-184.score: 120.0
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  8. Knud Haakonssen (1981). The Science of a Legislator: The Natural Jurisprudence of David Hume and Adam Smith. Cambridge University Press.score: 66.0
    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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  9. Wilfrid J. Waluchow & Stefan Sciaraffa (eds.) (2013). Philosophical Foundations of the Nature of Law. Oxford University Press.score: 66.0
    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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  10. Denise Meyerson (2011). Jurisprudence. Oxford University Press.score: 66.0
    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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  11. Scott Veitch, Emilios A. Christodoulidis & Lindsay Farmer (eds.) (2007). Jurisprudence: Themes and Concepts. Routledge-Cavendish.score: 66.0
    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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  12. Francis J. Beckwith (2011). Or We Can Be Philosophers: A Response to Barbara Forrest. Synthese:1-23.score: 64.0
    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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  13. 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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  14. James Lee (2010). MacCormick's Jurisprudence Determined. Jurisprudence 1 (1):105-119.score: 60.0
    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: 60.0
    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. Brian Leiter, In Praise of Realism (and Against 'Nonsense' Jurisprudence).score: 54.0
    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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  17. 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: 54.0
    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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  18. 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: 54.0
    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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  19. Brian Leiter (2011). The Demarcation Problem in Jurisprudence: A New Case for Scepticism. Oxford Journal of Legal Studies 31 (4):663-677.score: 54.0
    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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  20. Alexandre Lefebvre (2011). Law and the Ordinary: Hart, Wittgenstein, Jurisprudence. Telos 2011 (154):99-118.score: 54.0
    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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  21. Jeremy Horder (ed.) (2000). Oxford Essays in Jurisprudence. Oxford University Press.score: 48.0
    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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  22. Christopher B. Gray (2010). The Methodology of Maurice Hauriou: Legal, Sociological, Philosophical. Rodopi.score: 48.0
    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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  23. Elspeth Attwooll (ed.) (1977). Perspectives in Jurisprudence. University of Glasgow Press.score: 48.0
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  24. 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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  25. Tony Honoré (1987). Making Law Bind: Essays Legal and Philosophical. Oxford University Press.score: 42.0
    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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  26. 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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  27. Richard N. Bronaugh (ed.) (1978). Philosophical Law: Authority, Equality, Adjudication, Privacy. Greenwood Press.score: 42.0
  28. Ernest Beyaraza (2003). Social Foundations of Law: A Philosophical Analysis. [S.N.].score: 42.0
     
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  29. Jules L. Coleman & Scott Shapiro (eds.) (2002). The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.score: 42.0
    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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  30. Jeffrie G. Murphy (1990). Philosophy of Law: An Introduction to Jurisprudence. Westview Press.score: 38.0
    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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  31. Scott Hershovitz (ed.) (2006). Exploring Law's Empire: The Jurisprudence of Ronald Dworkin. Oxford University Press.score: 38.0
    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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  32. A. W. B. Simpson (ed.) (1973). Oxford Essays in Jurisprudence, Second Series. Oxford,Clarendon Press.score: 38.0
    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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  33. 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: 36.0
  34. Stephen Guest (2008). Exploring Law's Empire: The Jurisprudence of Ronald Dworkin - Edited by Scott Hershowitz. Philosophical Books 49 (3):280-283.score: 36.0
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  35. 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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  36. P. M. S. Hacker (1969). Definition in Jurisprudence. Philosophical Quarterly 19 (77):343-347.score: 36.0
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  37. Damiano Canale (2009). Consequences of Pragmatic Conceptualism: On the Methodology Problem in Jurisprudence. Ratio Juris 22 (2):171-186.score: 36.0
    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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  38. Alexander Broadie (2008). Thomas Reid on Practical Ethics: Lectures and Papers on Natural Religion, Self-Government, Natural Jurisprudence and the Law of Nations. [REVIEW] Notre Dame Philosophical Reviews 2008 (2).score: 36.0
  39. Robin Bradley Kar (2009). Review of Brian Leiter, Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy. [REVIEW] Notre Dame Philosophical Reviews 2009 (7).score: 36.0
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  40. Michael D. Bayles (1990). What is Jurisprudence About?: Theories, Definitions, Concepts, or Conceptions of Law? Philosophical Topics 18 (1):23-40.score: 36.0
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  41. R. H. S. Tur (1978). What is Jurisprudence? Philosophical Quarterly 28 (111):149-161.score: 36.0
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  42. Daniel Whistler & Daniel J. Hill, Religious Discrimination and Symbolism: A Philosophical Perspective.score: 36.0
    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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  43. Jules L. Coleman (2001). Naturalized Jurisprudence and Naturalized Epistemology. Philosophical Topics 29 (1/2):113-126.score: 36.0
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  44. Thomas D. Eisele (2006). Tom Morawetz's "Robust Enterprise": Jurisprudence After Wittgenstein. Philosophical Investigations 29 (2):140–179.score: 36.0
  45. Frank Thilly (1923). Sociological Jurisprudence. Philosophical Review 32 (4):373-384.score: 36.0
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  46. Paul M. Hughes (2007). Natural Law in Jurisprudence and Politics ‐ by Mark Murphy. Philosophical Books 48 (3):287-288.score: 36.0
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  47. Thomas D. Perry (1976). Moral Reasoning and Truth: An Essay in Philosophy and Jurisprudence. Clarendon Press.score: 36.0
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  48. Miriam T. Rooney (1943). Publications of Interest in Neo-Scholastic Jurisprudence. Proceedings of the American Catholic Philosophical Association 19:170-178.score: 36.0
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  49. Huntington Cairns & H. L. A. Hart (1955). Definition and Theory in Jurisprudence. An Inaugural Lecture. Philosophical Quarterly 5 (19):182.score: 36.0
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  50. Zenon Bankowski (1978). Perspectives in Jurisprudence. Philosophical Books 19 (1):19-21.score: 36.0
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