This category needs an editor. We encourage you to help if you are qualified.
Volunteer, or read more about what this involves.
Related categories

22 found
Order:
  1. added 2020-02-21
    There Are No Easy Counterexamples to Legal Anti-Positivism.Emad H. Atiq - 2020 - Journal of Ethics and Social Philosophy 17 (1).
    Legal anti-positivism is widely believed to be a general theory of law that generates far too many false negatives. If anti-positivism is true, certain rules bearing all the hallmarks of legality are not in fact legal. This impression, fostered by both positivists and anti-positivists, stems from an overly narrow conception of the kinds of moral facts that ground legal facts: roughly, facts about what is morally optimific—morally best or morally justified or morally obligatory given our social practices. A less restrictive (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  2. added 2019-08-28
    Hobbes’s Third Jurisprudence: Legal Pragmatism and the Dualist Menace.Benjamin L. S. Nelson - 2020 - Canadian Journal of Law and Jurisprudence 33 (1).
    This paper explores the possibility that Hobbesian jurisprudence is best understood as a ‘third way’ in legal theory, irreducible to classical natural law or legal positivism. I sketch two potential ‘third theories’ of law -- legal pragmatism and legal dualism -- and argue that, when considered in its broadest sense, Leviathan is best viewed as an example of legal pragmatism. I consider whether this legal pragmatist interpretation can be sustained in the examination of Leviathan’s treatment of civil law, and argue (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  3. added 2019-06-06
    Dworkin and Phenomenology of the “Pre‐Legal”?Dean Goorden - 2012 - Ratio Juris 25 (3):393-408.
    Ronald Dworkin states in his preface to “Law's Empire” that he is doing a phenomenology of law. In regards to a phenomenology of law, I wish to investigate Dworkin's theory of law, and subsequently, what is left out in order for it to be considered a phenomenological account. In doing so, I will compare Dworkin's phenomenology of law to Schütz's phenomenology of the social world. The comparison between the two will illuminate what I believe is necessary for law, and that (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  4. added 2019-03-25
    Aus Dem Nachlass von Julius Moór Gyula Hagyatékából.Gyula Moór, Csaba Varga, Eötvös Loránd Tudományegyetem & Magyar Tudományos Akadémia (eds.) - 1995 - Budapest: ELTE “Comparative Legal Cultures” Project.
    Fac simile of documents [mostly letters & dedications] from & to FELIX SOMLÓ (1873–1918) (including by Leonidas Pitamic and Adolf Merkl, among others) & JULIUS MOÓR (1888–1950) (including by M. Stockhammer, Wilhelm Sauer, Karl Petraschek, among others), followed by HANS KELSEN’s Selbstbiographie [February 1927] (15–22 w/ letter, 23) & ILMAR TAMMELO’s only surviving copy of his PhD thesis in his own translation on Kritik zu Prof. Kliimann’s normativistischer Unterscheidung des Privat- und des öffentlichen Rechts [Dorpat, 1942] (63–145), both prepared to (...)
    Remove from this list   Direct download (2 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  5. added 2019-03-25
    Marxian Legal Theory.Csaba Varga (ed.) - 1993 - Aldershot; New York: Dartmouth; New York University Press.
    {texts from Western & Eastern Marxism} Introduction xiii–xxvii; ORIGINS L. S. MAMUT ‘Questions of Law in Marx’s Capital’ [1968] 3–10, PETER SCHÖTTLER ‘Friedrich Engels and Karl Kautsky as Critics of »Legal Socialism«’ [1986] 11–42, WILLIAM LEON MCBRIDE ‘The Concept of Justice in Marx, Engels, and Others’ [1975] 43–57; BOUNDARIES WILLIAM LEON MCBRIDE ‘Marxism and Natural Law’ [1970] 61–87, ZDRAVKO GREBO ‘»Kelsenism« and Marxism’ [1985] 89–107, KÁLMÁN KULCSÁR ‘The Historical Concept in the Science of Law of the XXth Century’ [1963] 109–148; (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  6. added 2019-03-08
    Three Concepts of Law: The Ambiguous Legacy of H.L.A. Hart.Brian Slattery - 1998 - Saskatchewan Law Review 61:323-39.
    The law presents itself as a body of meaning, open to discovery, interpretation, application, criticism, development and change. But what sort of meaning does the law possess? Legal theory provides three sorts of answers. The first portrays the law as a mode of communication through which law-makers convey certain standards or norms to the larger community. The law's meaning is that imparted by its authors. On this view, law is a vehicle, conveying a message from a speaker to an intended (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  7. added 2018-09-25
    Punishment and the Subordination of Law to Morality.John H. Bogart - 1987 - Oxford Journal of Legal Studies 7 (3):421-443.
    Arguments over criminalization and decriminalization often focus on the moral status of conduct, which is thought to be especially important to determining the appropriate legal status of the conduct. If the conduct is not thought to be immoral (or seriously immoral}, that is enough to show that it does not properly fall within the realm of control of the criminal law. Arguments relying on such a strategy may be termed moralized arguments. This article focuses on a crucial element of that (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  8. added 2018-09-20
    Issues with the Judicial System: A Philosophical and Psychological Approach.Manish Nagireddy - manuscript
    What factors affect judicial decision-making? The legal system is of utmost importance because of its impact on our lives. Judges appear to have the most power among any social workers seeing as the precedents set in their decisions are tantamount to written law. Nevertheless, judges may be subject to certain biases, moral and cognitive alike, which influence their rulings. Looking into how morality and cognitive biases affect judges may also reveal how we as individuals handle combining morals with ethics- as (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  9. added 2018-05-10
    Hegel and a Third Theory of Law.William E. Conklin - 2016 - The Owl of Minerva 48 (1/2):57-74.
    Kenneth Westphal, in his “Hegel, Natural Law & Moral Constructivism,” offers an argument to the effect that Hegel elaborated a theory of natural law. Westphal contrasts such a natural law with positivism. Such a contrast holds out an either-or prospect: either Hegel is a legal positivist or he is a natural law thinker. I ask whether it is possible that Hegel elaborated a third theory of law other than that of positivism or of natural law. In addressing this possibility, I (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  10. added 2018-05-10
    Legal Modernity and Early Amerindian Laws.William Conklin - 1999 - Sociology of Law, Social Problems and Legal Policy:115-128.
    This essay claims that the violence characterizing the 20th century has been coloured by the clash of two very different senses of legal authority. These two senses of legal authority correspond with two very different contexts of civil violence: state secession and the violence characterizing a challenge to a state-centric legal authority. Conklin argues that the modern legal authority represents a quest for a source or foundation. Such a sense of legal authority, according to Conklin, clashes such a view with (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  11. added 2018-05-10
    Invisible Author of Legal Authority.William E. Conklin - 1996 - Law and Critique 7 (2):173-192.
    The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a presupposed (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  12. added 2018-03-13
    Towards Equity in Development When the Law is Not the Law : Reflections on Legal Pluralism in Practice.Daniel Adler & So Sokbunthouen - 2012 - In Brian Z. Tamanaha, Caroline Mary Sage & Michael J. V. Woolcock (eds.), Legal Pluralism and Development: Scholars and Practitioners in Dialogue. Cambridge University Press.
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  13. added 2018-03-13
    CORNFORTH, M. - In Defence of Philosophy Against Positivism and Pragmatism. [REVIEW]H. B. Acton - 1952 - Mind 61:119.
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  14. added 2017-03-17
    The Social Impact Theory of Law.Keton Joshua - 2015 - Phenomenology and Mind 9:130-137.
    Margaret Gilbert’s work on sociality covers a wide range of topics, and as she puts it “addresses matters of great significance to several philosophical specialties – including ethics, epistemology, political philosophy, philosophy of science, and philosophy of law – and outside philosophy as well” (Gilbert 2013, p. 1). Herein I argue that Mark Greenberg’s recent call to eliminate the problem of legal normativity is well motivated. Further, I argue that Gilbert’s work on joint commitment, and more specifically obligations of joint (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  15. added 2016-06-14
    Legal Certainty and Correctness.Robert Alexy - 2015 - Ratio Juris 28 (4):441-451.
    What is the relation between legal certainty and correctness? This question poses one of the perpetual problems of the theory and practice of law—and for this reason: The answer turns on the main question in legal philosophy, the question of the concept and the nature of law. Thus, in an initial step, I will briefly look at the concept and the nature of law. In a second step, I will attempt to explain what the concept and the nature of law, (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  16. added 2015-03-03
    O Direito como uma prática artística, literária e conversacional.Pedro Proscurcin Junior - 2014 - Redescrições 5 (3):07-48.
    The article investigates the use of the term “Law” in Richard Rorty and suggests an alternative use of the word. Although Rorty’s anti-foundationalism and antirepresentationalism are well known specially in relation to the metaphysical grounds of the human sciences, I argue that he would employ the term “law” in important rhetorical contexts. The text proposes to identify some aspects of the Rortyan Approach to “law” and, at the same time, focuses on the environment and the professional activity of the jurists (...)
    Remove from this list   Direct download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  17. added 2014-02-08
    Obbligo politico e libertà nel pensiero di Francisco Suárez, FrancoAngeli, Milano, 2013.C. Faraco (ed.) - 2013 - FrancoAngeli.
    Se l’uomo è nato libero e non soggetto ad un suo pari, può obbligare un altro uomo senza cadere nella tirannia? È la domanda a cui Suárez cerca di dare risposta attraverso lo studio della legge, interpretata come una manifestazione dell’intelletto e della volontà, ovvero le due componenti che, in continuo ed armonico dialogo, sono la base di una nuova costruzione morale. Il gesuita riscrive il rapporto tra Creatore e creatura, da un lato, e il rapporto tra obbligo politico e (...)
    Remove from this list   Direct download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  18. added 2012-05-10
    A Critical Examination of Jiri Priban's "Doing What Comes Naturally, or a Walk on the Wild Side? Stanlet Fish's Antifoundationalist Concept of Law, It's Closure and Force".Ross Motabhoy - 2012 - Dissertation, University of Kent
  19. added 2011-11-30
    Law as Public Policy: Combining Justice with Interest.Makoto Usami - 2008 - In Tadeusz Biernat & Marek Zirk-Sadowski (eds.), Politics of Law and Legal Policy: Between Modern and Post-Modern Jurisprudence. Wolters Kluwer Polska. pp. 292--315.
    In newly emerging democracies, succeeding governments have numerous policy tasks for the purpose of developing the free market and the democratic process. In such legal systems, policy-oriented views of law, which regard law as a policy tool for diminishing public problems, seem descriptively pertinent and prescriptively helpful. This is also the case in mature democratic legal systems, where the public problems faced by governments become more and more complex. Policy-directional views of law do not necessarily imply that law is a (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  20. added 2010-07-05
    Democracy and Law: Situating Law Within John Dewey's Democratic Vision.Brian E. Butler - 2010 - Etica & Politica 12 (1):256-280.
    In this paper I argue that John Dewey developed a philosophy of law that follows directly from his conception of democracy. Indeed, under Dewey’s theory an understanding of law can only follow from an accurate understanding of the social and political context within which it functions. This has important implications for the form law takes within democ- ratic society. The paper will explore these implications through a comparison of Dewey’s claims with those of Richard Posner and Ronald Dworkin; two other (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  21. added 2010-01-06
    Norms and Plans as Unification Criteria for Social Collectives.Aldo Gangemi - 2008 - Journal of Autonomous Agents and Multi-Agent Systems 16 (3).
    Based on the paradigm of Constructive Descriptions and Situations, we introduce NIC, an ontology of social collectives that includes social agents, plans, norms, and the conceptual relations between them. Norms are distinguished from plans, and their relations are formalized. A typology of social collectives is also proposed, including collection of agents, knowledge community, intentional collective, and normative intentional collective. NIC, represented as a first-order theory as well as a description logic for applications requiring automated reasoning, provides the expressivity to talk (...)
    Remove from this list   Direct download  
    Translate
     
     
    Export citation  
     
    Bookmark   5 citations  
  22. added 2009-11-27
    On Coherence Theory of Law.Aulis Aarnio (ed.) - 1998 - Distribution, Akademibokhandeln I Lund.
    Remove from this list  
     
    Export citation  
     
    Bookmark   1 citation