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  1. Playing at Being Gods.Abad I. Ninet Antoni - 2010 - Philosophia 38 (1):41-55.
    The present article commences analyzing the origins and influences of the religious discourse on the configuration of the modern constitutional discourse and the contributions of the jus-positivism in the consolidation of this sacred-civil language. The second issue is the definition of the U.S. Constitution as a mixed and not as a democratic constitution, with regard to the influences of Plato, Aristotle, Cicero and Polybius to the Drafters of the first modern constitutional text; stability and equilibrium took preference over democracy in (...)
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  2. The Right to Judicial Defence in the Jurisprudence of the Constitutional Court of the Republic of Lithuania.Armanas Abramavičius - 2009 - Jurisprudencija: Mokslo darbu žurnalas 117 (3):21-40.
    The article deals with the constitutional right of a person to apply to court. While construing this constitutionally entrenched right of a person, one analyses the doctrine of the right of a person to apply to court, which was formed in the jurisprudence of the Constitutional Court of the Republic of Lithuania. The right of a person to court is entrenched expressis verbis in Paragraph 1 of Article 30 of the Constitution whereby the person whose constitutional rights or freedoms are (...)
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  3. Extraordinary Measures: Protesting Rule of Law Violations After Bush V. Gore.Kathryn Abrams - 2002 - Law and Philosophy 21 (2):165-195.
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  4. With Malice Toward Some: United States V. Kirby, Malicious Prosecution, and the Fourteenth Amendment.David Achtenberg - manuscript
    In 1869, the Supreme Court treated United States v. Kirby as a simple case. In 1994, it treated Albright v. Oliver as a case divorced from history. Understanding the factual complexity of Kirby provides the historical framework missing from Albright and casts new light on the issue of whether the Fourteenth Amendment forbids malicious prosecution.United States v. Kirby appeared straightforward. John W. Kirby was indicted for interferring with the United States mail by detaining a mail agent, Dr. Cyrus W. Farris, (...)
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  5. In Defence of the Political Constitution.Tomkins Adam - 2002 - Oxford Journal of Legal Studies 22 (1):157-175.
    The political constitution, and indeed politics generally, are in need of both defending and praising. A principal objective of Martin Loughlin’s ongoing research project exploring the relationship of law to politics is to demonstrate why this is so. In Sword and Scales, Professor Loughlin has provided us with a preliminary, but nonetheless essential, statement on this theme. The structure of Loughlin’s argument in Sword and Scales will be considered in section two of this essay. Sections three and four will then (...)
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  6. Keekok Lee, "The Legal-Rational State". [REVIEW]D. M. Adams - 1992 - Journal of Value Inquiry 26 (1):127.
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  7. The Irrelevance of Religion. [REVIEW]John Adenitire - 2017 - Jurisprudence 8 (2):405-414.
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  8. Between Institutional and Moral Discourse: On Alexy's Legal Philosophy.John Adenitire - 2013 - Jurisprudence 4 (2):358-364.
    Between Institutional and Moral Discourse: On Alexy's Legal Philosophy. A review of Matthias Klatt, Institutionalized Reason: The Jurisprudence of Robert Alexy.
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  9. Personal Rights and Rule-Dependence.Matthew D. Adler - 2000 - Legal Theory 6 (4):337-389.
    Can constitutional rights be both personal and rule-dependent? Can it be true of constitutional adjudication (1) that a constitutional litigant must assert rights, and yet also (2) that the viability of a constitutional challenge depends (or sometimes depends) on whether a particular type of legal rule, for example, a discriminatory or poorly tailored rule, is in force?
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  10. Rights and Rules.Matthew D. Adler & Michael C. Dorf - 2000 - Legal Theory 6 (3):241-251.
    Prior to recent decades, the United States Supreme Court often invoked the political question doctrine to avoid deciding controversial questions of individual rights. 1 By the 1970s and 1980s, standing limits traced to Article IIIs arsenal of threshold decision making, 3 in the last decade the Court has turned with increasing frequency to the distinction between facial and as-applied challenges to perform the gatekeeping function. However, although there is a considerable body of scholarship concerning the conventional justiciability doctrines, scholars have (...)
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  11. THE RULE OF RECOGNITION AND THE UNITED STATES CONSTITUTION.Matthew D. Adler & Kenneth E. Himma (eds.) - 2008 - Oxford University Press.
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  12. The Rule of Recognition and the U.S. Constitution.Matthew D. Adler & Kenneth Einar Himma - unknown
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  13. The Politics of Pakistan: A Constitutional Quest.Aziz Ahmad & Richard S. Wheeler - 1973 - Journal of the American Oriental Society 93 (1):98.
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  14. Hanks Australian Constitutional Law: Materials and Commentary, [Book Review].John Alati - 2013 - Ethos: Official Publication of the Law Society of the Australian Capital Territory 229:38.
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  15. Nonconstitutional Amendments.Richard Albert - 2009 - Canadian Journal of Law and Jurisprudence 22 (1):5-47.
    The constitutional text in a constitutional democracy does not necessarily constrain constitutional change. Quite the contrary, constitutional change in a constitutional democracy often occurs in ways that depart from the rigid procedures governing constitutional amendment enshrined in the text of the constitutional. In this article, I illuminate this peculiar phenomenon in comparative perspective, drawing from the constitutional traditions of Canada, Germany, India, South Africa and the United States. In addition to illuminating distinctions in the amendment practices of liberal democratic constitutional (...)
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  16. Is Judicial Review Democratic? A Comment on Harel.L. Alexander - 2003 - Law and Philosophy 22 (s 3-4):277-283.
  17. What is the Problem of Judicial Review?Larry Alexander - 2007 - In José Rubio Carrecedo (ed.), Political Philosophy: New Proposals for New Questions: Proceedings of the 22nd Ivr World Congress, Granada 2005, Volume Ii = Filosofía Política: Nuevas Propuestas Para Nuevas Cuestiones. Franz Steiner Verlag.
  18. Rules, Rights, Options, and Time.Larry Alexander - 2000 - Legal Theory 6 (4):391-404.
  19. On Delegation.Somek Alexander - 2003 - Oxford Journal of Legal Studies 23 (4).
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  20. Professors and Judges in Italy: It Takes Two to Tango.Alexandra Braun - 2006 - Oxford Journal of Legal Studies 26 (4):665-681.
    The interplay of academics and judges is highly relevant for the law-making process in civil law countries. The intention of this article is to provide a brief account of the present-day relationship between academics and judges in Italy, while also taking account of the continental historical experience. In addressing this theme, the article will take its cue from developments in England—during the past three decades—where the monologue of academics and judges has been slowly developing into an ever more intensive and (...)
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  21. The Content and Purpose of a Theory of Constitutional Rights.Robert Alexy - 2002 - In Julian Rivers (ed.), A Theory of Constitutional Rights. Oxford University Press.
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  22. Constitutional Rights and Judicial Review.T. R. S. Allan - forthcoming - Jurisprudence:1-8.
  23. Constitutional Rights and Common Law.T. R. S. Allan - 1991 - Oxford Journal of Legal Studies 11 (4):453-480.
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  24. In Search of Freedom: Slavery and the Principles of the American Founding.W. B. Allen - 1983 - American Journal of Jurisprudence 28 (1):249-271.
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  25. Strategic Coordination and the Law.Nicholas Almendares & Dimitri Landa - 2007 - Law and Philosophy 26 (5):501-529.
    We re-examine the relationship between coordination, legal sanctions, and free-riding in light of the recent controversy regarding the applicability of the coordination problem paradigm of law-making. We argue that legal sanctions can help solve coordination problems by eliminating socially suboptimal equilibrium outcomes. Once coordination has taken place, however, free-riding can not lead to the breakdown of coordination outcomes, even if sanctions may still be effective at increasing the equity of such outcomes. Finally, we argue that it is the choice of (...)
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  26. “The Right to Self-Determination”: Right and Laws Between Means of Oppression and Means of Liberation in the Discourse of the Indigenous Movement of Ecuador.Philipp Altmann - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (1):121-134.
    The 1970s and 1980s meant an ethnic politicization of the indigenous movement in Ecuador, until this moment defined largely as a class-based movement of indigenous peasants. The indigenous organizations started to conceptualize indigenous peoples as nationalities with their own economic, social, cultural and legal structures and therefore with the right to autonomy and self-determination. Based on this conceptualization, the movement developed demands for a pluralist reform of state and society in order to install a plurinational state with wide degrees of (...)
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  27. Constitutional Conflicts, Moral Dilemmas, and Legal Solutions.Silvina Alvarez - 2011 - Ratio Juris 24 (1):59-74.
    The article focuses on the definition of constitutional conflicts as moral dilemmas. It discusses the conception of tragic conflicts by which “loss” is a distinctive feature that identifies both moral and constitutional dilemmas. It also asserts the peculiarity of constitutional conflicts vis-à-vis moral dilemmas, as well as the possibility of legal solutions to constitutional conflicts.
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  28. Islamic Law: Its Sources, Interpretation and the Translation of It Into Laws Written in English.Rafat Y. Alwazna - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (2):251-260.
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  29. Readings in the Philosophy of Law.John Arthur & William H. Shaw (eds.) - 2010 - Pearson Prentice Hall.
    The adversary system and the practice of law -- The rule of law -- The moral force of law -- Statutes -- Precedents -- Constitutional interpretation -- Natural law and legal positivism: classical perspectives -- Formalism and legal realism -- Morality and the law -- International law -- Law and economics -- The justification of punishment -- The rights of defendants -- Sentencing -- Criminal responsibility -- Compensating for private harms: the law of torts -- Private ownership: the law of (...)
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  30. The Mechanics of Perfection : Philosophy, Theology, and the Foundations of American Law.Larry Catá Backer - 2009 - In Francis J. Mootz & William S. Boyd (eds.), On Philosophy in American Law. Cambridge University Press. pp. 44.
    Americans have been obsessed about the mechanics of perfectibility. Perfectibility is built into the constitutive documents of the American Republic. The expression of that perfection is Law, and Government provides the means. The mechanics of perfectibility lies in philosophy and theology. Through these mechanics Americans can discern the spirit of perfection - as God or as the genius of the American community made manifest. The essay considers these notions in the context of two cases, Swift v. Tyson (1842) and Erie (...)
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  31. Disagreement Without Debate: The Republican Party Platform and the Human Life Amendment Plank.Francis J. Beckwith - 1999 - Nexus 4:113.
  32. The Morality of Conflict: Reasonable Disagreement and the Law.Samantha Besson - 2005 - Hart.
    This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously. Even though the law should be regarded as the primary mode of settlement of our moral conflicts,it can, and should, also be the object and the forum of further moral conflicts. There is (...)
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  33. A Transformative Theory of Religious Freedom.Corey Brettschneider - 2010 - Political Theory 38 (2):187-213.
    Religious freedom is often thought to protect not only religious practices but also the underlying religious beliefs of citizens. But what should be said about religious beliefs that oppose religious freedom itself or that deny the concept of equal citizenship? The author argues here that such beliefs, while protected against coercive sanction, are rightly subject to attempts at transformation by the state in its expressive capacities. Transformation is entailed by a commitment to publicizing the reasons and principles that justify the (...)
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  34. Balancing Procedures and Outcomes Within Democratic Theory: Corey Values and Judicial Review.Corey Brettschneider - 2005 - Political Studies 53:423-451.
    Democratic theorists often distinguish between two views of democratic procedures. ‘Outcomes theorists’ emphasize the instrumental nature of these procedures and argue that they are only valuable because they tend to produce good outcomes. In contrast, ‘proceduralists’ emphasize the intrinsic value of democratic procedures, for instance, on the grounds that they are fair. In this paper. I argue that we should reject pure versions of these two theories in favor of an understanding of the democratic ideal that recognizes a commitment to (...)
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  35. A Defence of Jury Nullification.Thom Brooks - 2004 - Res Publica 10 (4):401-423.
    In both Great Britain and the United States there has been a growing debate about the modern acceptability of jury nullification. Properly understood, juries do not have any constitutional right to ignore the law, but they do have the power to do so nevertheless. Juries that nullify may be motivated by a variety of concerns: too harsh sentences, improper government action, racism, etc. In this article, I shall attempt to defend jury nullification on a number of grounds. First, I discuss (...)
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  36. The Right to Trial by Jury.Thom Brooks - 2004 - Journal of Applied Philosophy 21 (2):197–212.
    This article offers a justification for the continued use of jury trials. I shall critically examine the ability of juries to render just verdicts, judicial impartiality, and judicial transparency. My contention is that the judicial system that best satisfies these values is most preferable. Of course, these three values are not the only factors relevant for consideration. Empirical evidence demonstrates that juries foster both democratic participation and public legitimation of legal decisions regarding the most serious cases. Nevertheless, juries are costly (...)
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  37. Neuroethics and National Security.Turhan Canli, Susan Brandon, William Casebeer, Philip J. Crowley, Don DuRousseau, Henry T. Greely & Alvaro Pascual-Leone - 2007 - American Journal of Bioethics 7 (5):3 – 13.
  38. Response to Open Peer Commentaries on "Neuroethics and National Security".Turhan Canli, Susan Brandon, William Casebeer, Philip J. Crowley, Don DuRousseau, Henry T. Greely & Alvaro Pascual-Leones - 2007 - American Journal of Bioethics 7 (5):W1 – W3.
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  39. Le Corti, il Legislatore e la Ragione Pubblica nella filosofia del diritto di Jeremy Waldron.Giovanni Cogliandro - 2015 - Rivista Internazionale di Filosofia Del Diritto 4:651-688.
    1. Indeterminatezza costituiva della ragione pubblica e governo della legge; 2. Concetto e rule of law; 3. Concetto, linguaggio e obbedienza; 4. Chain novel e struttura normativa; 5. Contrastanti armonie.
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  40. Fairness Consensus and the Justification of the Ideal Liberal Constitution.Philip Cook - 2009 - Canadian Journal of Law and Jurisprudence 22 (1):165-186.
    In "Constitutional Goods" Alan Brudner presents novel conception of justice that will inform the content of the ideal liberal constitution. The content of this novel conception of justice is constituted by what Brudner describes as an inclusive conception of liberalism, and its justification is grounded on an account of public reason that is presented in opposition to that of John Rawls. I argue that we should reject both the content and justification of Brudner's conception ofjustice. Brudner is unable to construct (...)
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  41. Common Knowledge, Pragmatic Enrichment and Thin Originalism.John Danaher - 2016 - Jurisprudence 7 (2):267-296.
    The meaning of an utterance is often enriched by the pragmatic context in which it is uttered. This is because in ordinary conversations we routinely and uncontroversially compress what we say, safe in the knowledge that those interpreting us will ‘add in’ the content we intend to communicate. Does the same thing hold true in the case of legal utterances like ‘This constitution protects the personal rights of the citizen’ or ‘the parliament shall have the power to lay and collect (...)
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  42. The Normativity of Linguistic Originalism: A Speech Act Analysis.John Danaher - 2015 - Law and Philosophy 34 (4):397-431.
    The debate over the merits of originalism has advanced considerably in recent years, both in terms of its intellectual sophistication and its practical significance. In the process, some prominent originalists—Lawrence Solum and Jeffrey Goldsworthy being the two discussed here—have been at pains to separate out the linguistic and normative components of the theory. For these authors, while it is true that judges and other legal decision-makers ought to be originalists, it is also true that the communicated content of the constitution (...)
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  43. The Liberal Value of Privacy.Boudewijn de Bruin - 2010 - Law and Philosophy 29 (5):505-534.
    This paper presents an argument for the value of privacy that is based on a purely negative concept of freedom only. I show that privacy invasions may decrease a person’s negative freedom as well as a person’s knowledge about the negative freedom she possesses. I argue that not only invasions that lead to actual interference, but also invasions that lead to potential interference (many cases of identity theft) constitute actual harm to the invadee’s liberty interests, and I critically examine the (...)
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  44. Surprising Theses in Classical Utilitarianism. Henry Sidgwick's Neglected Completion of Classical British Moral Philosophy.Annette Dufner - 2012 - Archiv für Rechts- Und Sozialphilosophie / Archives for Philosophy of Law and Social Philosophy / Archives de Philosophie du Droit Et de Philosophie Sociale / Archivo de Filosofía Jurídica y Social 98 (4):510-534.
    This paper argues that Henry Sidgwick’s account of the relationship between the right and the good, as well as his theory of the good are still undervalued in many respects. An applied section illustrates the practical significance of this finding. In cases in which shooting down a passenger plane can save a greater number of people on the ground, and no other relevant considerations apply, the passengers should desire their own destruction—not only to promote the general good, but also in (...)
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  45. The Universality of Rights.Pavlos Eleftheriadis - 2009 - Indian Journal of Constitutional Law 3 (1):52-73.
  46. Criminalizing Cognitive Enhancement at the Blackjack Table.Adam Kolber - 2012 - In Memory and Law.
    Blackjack players who “count cards” keep track of cards that have already been played and use this knowledge to turn the probability of winning in their favor. Though casinos try to eject card counters or otherwise make their task more difficult, card counting is perfectly legal. So long as card counters rely on their own memory and computational skills, they have violated no laws and can make sizable profits. By contrast, if players use a “device” to help them count cards, (...)
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  47. Democracy and Judicial Review: Are They Really Incompatible?Annabelle Lever - 2007 - Public Law:280-298.
    This article shows that judicial review has a democratic justification even though judges may be no better at protecting rights than legislatures. That justification is procedural, not consequentialist: reflecting the ability of judicial review to express and protect citizen’s interests in political participation, political equality, political representation and political accountability. The point of judicial review is to symbolize and give expression to the authority of citizens over their governors, not to reflect the wisdom, trustworthiness or competence of judges and legislators. (...)
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  48. Book Reviews Fox-Decent , Evan . Sovereignty's Promise: The State as Fiduciary Oxford: Oxford University Press, 2011. Pp. 283. $99.00 (Cloth). [REVIEW]Matthew Lister - 2012 - Ethics 123 (1):150-154.
    Review of Evan Fox-Decent, _Sovereignty's Promise: The State as Fiduciary_.
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  49. Reason's Freedom and the Dialectic of Ordered Liberty.Edward C. Lyons - 2007 - Cleveland State Law Review 55 (2):157-232.
    The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to (...)
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  50. In Incognito: The Principle of Double Effect in American Constitutional Law.Edward C. Lyons - 2005 - Florida Law Review 57 (3):469-563.
    Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by the (...)
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