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  1. Habermas and Ackerman: A Synthesis Applied to the Legitimation and Codification of Legal Norms.Abad I. Ninet Antoni & Molas Josep Monserrat - 2009 - Ratio Juris 22 (4):510-531.
    In this article we consider certain elements of the normative theory of Jürgen Habermas in the light of the proposals of Bruce Ackerman, with a view to strengthening a concept of deliberative democracy applied to the legitimation of juridical rules. We do not construct a hierarchy of the two positions, but seek to bring together certain elements to achieve a common project. As the starting point for examining the work of the two authors, we take the scheme proposed by Habermas (...)
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  2. Modern Chinese Court Buildings, Regime Legitimacy and the Public.Björn Ahl & Hendrik Tieben - 2015 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (3):603-626.
    This study investigates the interrelation of outer appearance and spatial configuration of modern Chinese court buildings with the party-state’s strategy of building regime legitimacy. The spatial element of this relation is explored in four different court buildings in Kunming, Chongqing, Shanghai and Xi’an. It is argued that court buildings contribute to the empowerment of individuals who appear as parties in trials. Courthouses also facilitate the courts’ function of exercising social control and the application of an instrumentalist approach to the principle (...)
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  3. Law, Marxism and the State.Zia Akhtar - 2015 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (3):661-685.
    The Communist Manifesto’s salient point was set out in Critics of the Gotha Program as “From Each According to Their Abilities, to Each According to Their Needs”. The demise of communism in the former Soviet Union has caused its critics to claim that ‘revolutionary’ political theory has no basis for legal or philosophical development. The contention of those who oppose radical socialism achieved by the levelling of the classes proclaim that this is an unattainable goal. They argue that a ‘withering (...)
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  4. Eleştirel Hukuk Çalışmaları.Sururi Aktaş - 2011 - Xii Levha.
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  5. Semiotics of Islamic Law, Maṣlaḥa, and Islamic Economic Thought.Sami Al-Daghistani - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (2):389-404.
    The paper explores the role and meaning of maṣlaḥa and its possible appropriation in the field of Islamic legal and economic thought, as laid down by various medieval and contemporary Muslim scholars. Questions that are pertinent to the research are the following: how has maṣlaḥa been incorporated in legal reasoning and what kind of meaning does it convey; what type of economic reading does it presuppose; do ethics, law, and scriptural sources play equally important role as reference in developing the (...)
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  6. Developing Islamic Jurisprudence in the Diaspora: Balancing Authenticity, Diversity, and Modernity.Azizah al-Hibri - 2014 - Journal of Social Philosophy 45 (1):7-24.
  7. Feminism and the Law.Catherine Albertyn - 2004 - In Christopher Roederer & Darrel Moellendorf (eds.), Jurisprudence. Kluwer Academic Publishers. pp. 291.
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  8. Taĭna I Sila Prava: Nauka Prava--Novye Podkhody I Idei, Pravo V Zhizni I Sudʹbe Li͡udeĭ.S. S. Alekseev - 2009 - Norma.
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  9. Deception in Morality and Law.L. Alexander & E. Sherwin - 2003 - Law and Philosophy 22 (5):393-450.
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  10. Introduction to Issues 2 and 3: Symposium on Consent in Sexual Relations.Larry Alexander - 1996 - Legal Theory 2 (2):87-88.
    Legal and social norms regarding gender relations have undergone dramatic changes in the past 25 years. The changes have come about largely because of the confluence of changing economic and technological realities, the unfolding of the norm dictating equal treatment of individuals, the sexual revolution and its corollaries of improved contraception and legal abortion, the rise of women as a self-conscious group and a presence in the academy, and the interrelations of all of these factors. As men and women have (...)
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  11. The Moral Magic of Consent (II).Larry Alexander - 1996 - Legal Theory 2 (3):165-174.
    I begin my analysis of consent by agreeing with Professor Hurd that consent functions as a “moral transformative” by altering the obligations and permissions that determine the Tightness of others' actions. I further agree with her that consent is intimately related to the capacity for autonomous action; one who cannot alter others' obligations through consent is not fully autonomous. I cannot improve on her elaboration of these points.
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  12. Aleksander Peczenik: In Memoriam.Robert Alexy - 2006 - Ratio Juris 19 (2):245-248.
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  13. Annulment Retributivism: A Hegelian Theory of Punishment.Jami L. Anderson - 1999 - Cambridge University Press 5 (4):363-388.
    Despite the bad press that retributivism often receives, the basic assumptions on which this theory of punishment rests are generally regarded as being attractive and compelling. First of these is the assumption that persons are morally responsible agents and that social practices, such as criminal punishment, must acknowledge that fact. Additionally, retributivism is committed to the claim that punishment must be proportionate to the crime, and not determined by such utilitarian concerns as the welfare of society, or the hope of (...)
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  14. Rationalizing Indirect Guilt.Scott Anderson - 2009 - Vermont Law Review 33 (3):519-550.
  15. With Great Power Comes Great Responsibility - On Causation and Responsibility in Spider-Man, and Possibly Moore.Rani Lill Anjum & Stephen Mumford - 2013 - Critical Essays on "Causation and Responsibility".
  16. Metaphilosophy of Law.Pawel Banas, Adam Dyrda & Tomasz Gizbert-Studnicki (eds.) - 2016 - Hart.
    Methodological and metaphilosophical disputes in the contemporary philosophy of law are very vivid. Basic issues remain controversial. The purpose of the book is to confront approaches of Anglo-Saxon and continental philosophy of law to the following topics: the purpose of legal philosophy, the role of disagreement in legal philosophy, methodology of legal philosophy (conceptual analysis) and normativity of law. We see those areas of legal metaphilosophy as drawing recently more and more attention in the literature. The authors of particular chapters (...)
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  17. Intuitionism, Constructive Interpretation, and Cricket.Simon Beck - 2008 - Philosophical Papers 37 (2):319-331.
    This paper is a re-reading of Colin Radford's paper 'The Umpire's Dilemma', published in Analysis in 1985. It argues that Radford's dilemma has been unjustly ignored and has interesting (and problematic) implications for both intuitionism and Ronald Dworkin's constructive interpretationist jurisprudence.
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  18. Symposium. The Apology Ritual.Christopher Bennett, Edgar Maraguat, J. M. Pérez Bermejo, Antony Duff, J. L. Martí, Sergi Rosell & Constantine Sandis - 2012 - Teorema: International Journal of Philosophy 31 (2).
    Symposium on Christopher Bennet's The Apology Ritual. A Philosophical Theory of Punishment [Cambridge University Press, 2008].
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  19. Negative Kausalität.Dieter Birnbacher & David Hommen - 2012 - de Gruyter.
    „Negative Kausalität“ bezeichnet ein hochkontroverses metaphysisches Problem. Können negative Entitäten wie Abwesenheiten oder das Nicht-Eintreten bestimmter Ereignisse Ursachen oder Ursachenfaktoren sein? Diese Frage steht im Schnittpunkt einer Reihe disziplinübergreifender Grundfragen: der Frage nach dem Wesen von Kausalität, der Frage nach der Natur von Handlungen und Ereignissen und der Frage nach der Beziehung zwischen Kausalität und normativer - moralischer und rechtlicher - Verantwortlichkeit. Die vorliegende Studie entwickelt im ersten Schritt eine Konzeption von negativer Kausalität ausgehend vom Sonderfall der handlungsförmigen negativen Kausalität, (...)
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  20. EnfoRcEMEnt of IntEllEctUal PRoPERty RIghts In lIthUanIa: sItUatIon aftER thE IMPlEMEntatIon of DIREctIvE 2004/48/Ec on thE EnfoRcEMEnt of IntEllEctUal PRoPERty RIghts. [REVIEW]Ramūnas Birštonas & Leonas Virginijus Papirtis - 2011 - Jurisprudence 18 (1):113-126.
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  21. Enforcement of Intellectual Property Rights in Lithuania: Situation After the Implementation of Directive 2004/48/EC on the Enforcement of Intellectual Property Rights. [REVIEW]Ramūnas Birštonas & Virginijus Papirtis - 2011 - Jurisprudence 18 (1):113-126.
    Article deals with the situation of enforcement of intellectual property rights in Lithuania after the implementation of 2004 Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights. First, the authors outline the importance of the proportionality principle which is embedded in the text of the directive, but sometimes may be overlooked because of the rhetoric openly orientated to right holders. Then, the legislative changes in Lithuania’s intellectual property laws (...)
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  22. Hart's Senses of 'Responsibility'.Karin Boxer - 2014 - In C. G. Pulman (ed.), Hart on Responsibility.
  23. The Philosophy of Hate Crime Anthology.David Brax & Christian Munthe - 2013 - University of Gothenburg.
    Introductory anthology to the philosophy of hate crime, written in the EU project "When Law and Hate Collide".
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  24. Part I: Introduction to the Philosophy of Hate Crime.David Brax & Christian Munthe - 2013 - In The Philosophy of Hate Crime Anthology. University of Gothenburg.
  25. Does Philosophy Deserve a Place at the Supreme Court?Thom Brooks - 2003 - Rutgers Law Record 27 (1):1-17.
    This Comment demonstrates that policy judgements are not masked by philosophical references, nor do philosophers play any crucial role in contentious judicial decisions. Neomi Rao’s study is flawed for many reasons: incomplete content analysis, poor assessment of data, and an inadequate definition of philosophy. She should be criticised for hypocritically praising Court philosopher references in some instances and not others, especially with regard to the Court’s early development. This Comment searched unsuccessfully for an instance where philosophers were cited just once (...)
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  26. Moral Enhancement and Mental Freedom.Christoph Bublitz - 2016 - Journal of Applied Philosophy 33 (1):88-106.
    Promotion of pro-social attitudes and moral behaviour is a crucial and challenging task for social orders. As traditional ways such as moral education have some, but apparently and unfortunately only limited effect, some authors have suggested employing biomedical means such as pharmaceuticals or electrical stimulation of the brain to alter individual psychologies in a more direct way — moral bioenhancement. One of the salient questions in the nascent ethical debate concerns the impact of such interventions on human freedom. Advocates argue (...)
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  27. When Judges Lie (and When They Should).Paul Butler - manuscript
    What should a judge do when she must apply law that she believes is fundamentally unjust? The problem is as old as slavery. It is as contemporary as the debates about capital punishment and abortion rights. In a seminal essay, Robert Cover described four choices that a judge has in such cases. She can (1) apply the law even though she thinks it is immoral; (2) openly reject the law; (3) resign; or (4) subvert the law by pretending that it (...)
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  28. Themed Issue on Oakeshott.Gene Callahan & Leslie Marsh - 2014 - Cosmos + Taxis 1 (3).
  29. The Hate That Dare Not Speak its Name: Pornography Qua Semi-Political Speech. [REVIEW]Daniel I. A. Cohen - 1994 - Law and Philosophy 13 (2):195 - 239.
    In this essay we shall examine the contemporary jurisprudential thinking and legal precedents surrounding the issue of the sanctionability of pornography. We shall catalogue them by their logical presumptions, such as whether they view pornography as speech or act, whether they view pornography as obscenity, political hate-speech or anomalous other, whether they would scrutinize legislation governing pornography by a balancing of the harm of repression against the harm of permission, and who exactly they view as the victims.We shall take a (...)
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  30. Analysis of Legal Issues.Steven C. Combs - 2000 - Informal Logic 20 (3).
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  31. A Companion to Continental Philosophy.Simon Critchley & William Schroeder - 1996 - In Dennis M. Patterson (ed.), Bulletin de la Société Américaine de Philosophie de Langue Française. Blackwell. pp. 76-76.
  32. Argument Types and Fallacies in Legal Argumentation.Christian Dahlman & Thomas Bustamante - unknown
    In this chapter, we offer a Bayesian model for evaluating expert testimony in the court room. Statements from a putative expert are difficult for a legal decision maker to assess, as the legal decision maker – who lacks expert knowledge on the subject issue – must distinguish between experts that are highly reliable and experts that are less reliable. A methodology for the assessment of the expert testimony has been suggested previously, in the works of Walton and Goldman, and we (...)
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  33. Universal Jurisdiction and International Criminal Law.Jovana Davidovic - 2015 - In Chad Flanders & Zach Hoskins (eds.), The New Philosophy of Criminal Law. Rowman & Littlefield. pp. 113-130.
    Davidovic asks what gives the international community the authority to punish some crimes? On one prominent view some crimes (genome, torture) are so heinous that the international community, so long as its procedures are fair, is justified in prosecuting them. Another view contends that heinousness alone is not enough to justify international prosecution: what is needed is an account of why the international community, in particular, has standing to hold the perpetrators to account. Davidovic raises concerns about both of these (...)
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  34. Drafting a Constitution for a "Country of Words": The Palestinian Case.Sylvie Delacroix - 2012 - Middle East Law and Governance 4 (2).
    Can words – rather than a State – constitute a country? It may be made of land, rivers, forests or deserts – yet, without its inhabitants’ words, there would be no map to draw, no tale to sing, no country to speak of. Palestinian tales abound. They speak of departed lands, vanished homes, forfeited livelihoods. They lament internal wrangling, squeal occupational anger, seek to whisper away those quotidian checkpoint humiliations. Yet, they also speak of hope. If there ever were such (...)
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  35. Montaigne's Inquiry Into the Sources of Normativity.Sylvie Delacroix - 2003 - Canadian Journal of Law and Jurisprudence 16 (2).
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  36. It's Murder!(?).Steven M. Duncan - 2013 - Seattle Critical Review (3):8-12.
    Although this piece was inspired by the kinds of legal puzzles discussed by Hart and Honore in Causation in the Law, the puzzle cases presented here are intended to test the reader's intuitions about what constitutes murder. Play along!
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  37. Independencia judicial y democracia en Ecuador.Ricardo Restrepo Echavarría - 2014 - In Ricardo Restrep (ed.), Pugna de poderes, crisis orgánica e independencia judicial. IAEN. pp. 121-155.
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  38. Why Legal Theory is Political Philosophy.William A. Edmundson - 2014 - Legal Theory 19 (4):1-16.
    The concept of law is not a theorist's invention but one that people use every day. Thus one measure of the adequacy of a theory of law is its degree of fidelity to the concept as it is understood by those who use it. That means as far as possible. There are important truisms about the law that have an evaluative cast. The theorist has either to say what would make those evaluative truisms true or to defend her choice to (...)
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  39. Pattern Languages & Institutional Facts: Functions & Coherence in Law.Kenneth M. Ehrenberg - 2013 - In Michał Araszkiewicz & Jaromir Savelka (eds.), Coherence: Insights from Philosophy, Jurisprudence and Artificial Intelligence. Springer. pp. 155-166.
    Under John Searle’s theory of institutional facts, the law can be understood both as an institution governed by foundational documents and practices, and as a method for creating new institutions through the codification of the assignment of functions, usually of the form ‘X counts as Y in circumstances C’. The architect Christopher Alexander’s notion of pattern languages, schematic templates for problem-solving widely adopted by computer programmers, can be developed within a legal system as a coherence constraint on the assignment of (...)
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  40. The Labour Theory of Property and Marginal Productivity Theory.David Ellerman - 2016 - Economic Thought 5 (1):19.
    After Marx, dissenting economics almost always used 'the labour theory' as a theory of value. This paper develops a modern treatment of the alternative labour theory of property that is essentially the property theoretic application of the juridical principle of responsibility: impute legal responsibility in accordance with who was in fact responsible. To understand descriptively how assets and liabilities are appropriated in normal production, a 'fundamental myth' needs to be cleared away, and then the market mechanism of appropriation can be (...)
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  41. On the Renting of Persons: The Neo-Abolitionist Case Against Today's Peculiar Institution.David Ellerman - 2015 - Economic Thought 4 (1):1-20.
    Liberal thought is based on the juxtaposition of consent to coercion. Autocracy and slavery were seen as based on coercion whereas today's political democracy and economic 'employment system' are based on consent to voluntary contracts. This paper retrieves an almost forgotten dark side of contractarian thought that based autocracy and slavery on explicit or implicit voluntary contracts. To answer these 'best case' arguments for slavery and autocracy, the democratic and abolitionist movements forged arguments not simply in favour of consent, but (...)
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  42. Network Analysis Formalism and the Construction of a Traceability System for Payments. A Sketch of its Legal and Sociological Aspects.Guglielmo Feis - 2013 - Informatica E Diritto 22 (1):281--298.
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  43. Patent and Antitrust: Differing Shades of Meaning.Robin Cooper Feldman - manuscript
    The relationship between patent law and antitrust law has challenged legal minds since the emergence of antitrust law in the late 19th century. In reductionist form, the two concepts pose a natural contradiction: One encourages monopoly while the other restricts it. To avoid uncomfortable dissonance, the trend across time has been to try to harmonize patent and antitrust law. In particular, harmonization efforts in recent decades have led Congress and the courts to engage in a series of attempts, some aborted (...)
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  44. Theoretical Underpinning of Intellectual Property: 'I Am a Pragmatist - But Theory is My Rhetoric'.Brian Fitzgerald - 2003 - Canadian Journal of Law and Jurisprudence 16 (2):179-189.
    This article emanates from a Symposium hosted by Professor Margaret Ann Wilkinson and sponsored by the University of Western Ontario Law School and Centre for Innovation Law and Policy. The Symposium and the resulting articles aim to explore the theoretical dimensions of intellectual property law. This article argues, in contrast to the learned scholarship of my co-panellist, that theorising about intellectual property law is an innately political act that implements a pragmatic moment fueled by economic, social and cultural factors.
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  45. A Companion to Michael Oakeshott.Paul Franco & Leslie Marsh (eds.) - 2012 - 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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  46. The Limits of Consent.Joseph S. Fulda - 2013 - Sexuality and Culture 17 (4):659-665.
    This journal has frequently taken the position that /consent/, or at least /informed consent/, is all that from a secular viewpoint is necessary for an activity to be ethical. We argue to the contrary, that /consent/ is and /only/ is a /political/ criterion for determining /criminality/—even for a libertarian. Consensual behavior can be /unethical/—although it should not be criminalized—if the consent will never be truly revocable in the future of if such revocability is severely compromised. We give three examples, one (...)
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  47. Weber, Max.Dustin Garlitz - forthcoming - In Alain Marciano & Giovanni Battista Ramello (eds.), Encyclopedia of Law and Economics. Springer.
  48. Patent Law and the Assurance Game: Refitting Intellectual Property in the Box of Regulation.Shubha Ghosh - 2005 - Canadian Journal of Law and Jurisprudence 18 (2).
    Patent law is often understood through the fiction of social contract. The author argues that this fiction does not offer an adequate economic or political theory of patent law, that is, one that will explain the unique relationship between government and property that patents entail. As an alternative to social contract theory, a regulatory theory of patent law is developed based on the assurance game taken from game theory. The assurance game is used to show how patent law serves to (...)
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  49. 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” (1986) 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 (...)
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  50. The Pleadings Games: An Artificial Intelligence Model of Procedural Justice.Thomas F. Gordon - 1995 - Springer.
    The Pleadings Game is a major contribution to artificial intelligence and legal theory. The book draws on jurisprudence and moral philosophy to develop a formal model of argumentation called the pleadings game. From a technical perspective, the work can be viewed as an extension of recent argumentation-based approaches to non-monotonic logic: (1) the game is dialogical rather than mono-logical; (2) the validity and priority of defeasible rules is subject to debate; and (3) resource limitations are acknowledged by rules for fairly (...)
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