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  1. Habermas and Ackerman: A Synthesis Applied to the Legitimation and Codification of Legal Norms.Antoni Abad I. . Ninet & Josep Monserrat Molas - 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. Matthew H. Kramer, Critical Legal Theory and the Challenge of Feminism: A Philosophical Reconception Reviewed By.Annalise Acorn - 1995 - Philosophy in Review 15 (4):259-262.
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  3. 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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  4. A Research-Based Theory of Addictive Motivation.George Ainslie - 2000 - Law and Philosophy 19 (1):77-115.
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  5. 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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  6. Eleştirel Hukuk Çalışmaları.Sururi Aktaş - 2011 - Xii Levha.
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  7. 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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  8. Developing Islamic Jurisprudence in the Diaspora: Balancing Authenticity, Diversity, and Modernity.Azizah al-Hibri - 2014 - Journal of Social Philosophy 45 (1):7-24.
  9. Feminism and the Law.Catherine Albertyn - 2004 - In Christopher Roederer & Darrel Moellendorf (eds.), Jurisprudence. Kluwer Academic Publishers. pp. 291.
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  10. 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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  11. Deception in Morality and Law.L. Alexander & E. Sherwin - 2003 - Law and Philosophy 22 (5):393-450.
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  12. Is There a Case for Strict Liability?Larry Alexander - 2018 - Criminal Law and Philosophy 12 (3):531-538.
    In this short paper, I shall answer the title’s question first in the context of criminal law and then in the context of tort law. In that latter section, I shall also mention in passing contractual and other forms of civil liability that are strict, although they will not be my principal focus. My conclusions will be that strict liability is never proper as the basis for retributive punishment; that it is a very crude device for achieving deterrence through nonretributive (...)
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  13. Brettschneider and ‘Democratic Persuasion’.Larry Alexander - 2017 - Jurisprudence 8 (2):370-379.
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  14. Are Procedural Rights Derivative Substantive Rights?Larry Alexander - 1998 - Law and Philosophy 17 (1):19-42.
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  15. 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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  16. 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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  17. Aleksander Peczenik: In Memoriam.Robert Alexy - 2006 - Ratio Juris 19 (2):245-248.
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  18. Why Politics Matters: A Review of Why Law Matters. [REVIEW]James Allan - 2018 - Jurisprudence 9 (1):132-137.
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  19. Review Article. Procedural Fairness and the Duty of Respect.T. Allan - 1998 - Oxford Journal of Legal Studies 18 (3):497-516.
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  20. Constitutional Rights and Judicial Review.T. R. S. Allan - 2018 - Jurisprudence 9 (1):138-145.
  21. Proceduralism, Judicial Review and the Refusal of Royal Assent.Yann Allard-Tremblay - 2013 - Oxford Journal of Legal Studies 33 (2):379-400.
    This article provides an exploration of the relationships between a procedural account of epistemic democracy, illegitimate laws and judicial review. I first explain how there can be illegitimate laws within a procedural account of democracy. I argue that even if democratic legitimacy is conceived procedurally, it does not imply that democracy could legitimately undermine itself or adopt grossly unjust laws. I then turn to the legitimacy of judicial review with regard to these illegitimate laws. I maintain that courts do not (...)
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  22. 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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  23. Representations of Law and the Nonfiction Novel: Capote's In Cold Blood Revisited. [REVIEW]Shulamit Almog - 2012 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (3):355-368.
    The article describes the way in which law-related events are represented in Truman Capote’s In Cold Blood. Based on a narrative analysis, the paper will posit that In Cold Blood played a particular role in originating and shaping an innovative mode of representing law-related events, a mode that was widely employed since, in various artistic mediums and in popular culture. As the paper further elaborates, Capote’s work paved new ways for challenging the conventional boundaries between “reality” and “fiction” with regard (...)
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  24. Law Versus Justice?Shulamit Almog - 1996 - In Jonathan Westphal (ed.), Justice. Hackett. pp. 11--35.
  25. Social Protest and the Absence of Legalistic Discourse: In the Quest for New Language of Dissent.Shulamit Almog & Gad Barzilai - 2014 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 27 (4):735-756.
    Legalistic discourse, lawyers and lawyering had minor representation during the 2011 summer protest events in Israel. In this paper we explore and analyze this phenomena by employing content analysis on various primary and secondary sources, among them structured personal interviews with leaders and major activists involved in the protest, flyers, video recordings made by demonstrators and songs written by them. Our findings show that participants cumulatively produced a pyramid-like structure of social power that is anchored in the enterprise of organizing (...)
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  26. Expressive Meaning, Race, and the Law.Andrew Altman - 1999 - Legal Theory 5 (1):75-99.
  27. Corporate Personality: A Politico-Jurisprudential Argument.Anthony Amatrudo - 2011 - Ratio Juris 24 (4):471-493.
    This article is an attempt to develop a practical politico-jurisprudential account of the corporate person, which it does by building on contemporary ideas about collective and shared intentions. It argues for a model of shared intentions, which posits a set of interlocking preferences, and other supporting attitudes. It examines the work of Bratman, Gilbert, Hurley, and Sugden and addresses issues of choice, coercion and will.
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  28. A Suggested Basis for Legal Ontology.Anthony Amatrudo - 2008 - Ratio Juris 21 (1):19-38.
    It is often argued that associations are intelligent organisms with minds and intentional states of their own. It is also argued that groups are merely a plurality of individuals who are related or associated only in a specific and limited sense. This paper draws on both classical and contemporary scholarship to develop an ontological account of persons which has real-world legal and ethical implications.
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  29. Law, Virtue and Justice.Amalia Amaya & H. L. Ho (eds.) - 2012 - Hart Publishing.
    This book explores the relevance of virtue theory to law from a variety of perspectives. The concept of virtue is central in both contemporary ethics and epistemology. In contrast, in law, there has not been a comparable trend toward explaining normativity on the model of virtue theory. In the last few years, however, there has been an increasing interest in virtue theory among legal scholars. 'Virtue jurisprudence' has emerged as a serious candidate for a theory of law and adjudication. Advocates (...)
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  30. 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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  31. Rationalizing Indirect Guilt.Scott Anderson - 2009 - Vermont Law Review 33 (3):519-550.
  32. With Great Power Comes Great Responsibility - On Causation and Responsibility in Spider-Man, and Possibly Moore.Rani Lill Anjum & Stephen Mumford - 2011 - Critical Essays on "Causation and Responsibility".
    Omissions are sometimes linked to responsibility. A harm can counterfactually depend on an omission to prevent it. If someone had the ability to prevent a harm but didn’t, this could suffice to ground their responsibility for the harm. Michael S. Moore’s claim is illustrated by the tragic case of Peter Parker, shortly after he became Spider-Man. Sick of being pushed around as a weakling kid, Peter became drunk on the power he acquired from the freak bite of a radioactive spider. (...)
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  33. The Principle of Freedom in the Law of Democratic Country.Saulius Arlauskas & Daiva Petrėnaitė - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (2):407-428.
    Although the need of freedom is definite, the concept of individual freedom, while being interpreted with legal terms, causes not only theoretical, but also practical problems. The observed two extremes of freedom are defined as any human self-expression as well as the license, where the state power is generally attributed to disregard personal freedom. In this article the freedom of expression and state enforcement jurisdiction dichotomy are addressed by discussing positive and negative conceptions of freedom and the relationship between the (...)
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  34. Values.Carla Bagnoli - 2018 - In Don Postema (ed.), Handbook in Legal Reasoning and Argumentation. New York: Springer.
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  35. 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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  36. Moral Coercion.Saba Bazargan - 2014 - Philosophers' Imprint 14.
    The practices of using hostages to obtain concessions and using human shields to deter aggression share an important characteristic which warrants a univocal reference to both sorts of conduct: they both involve manipulating our commitment to morality, as a means to achieving wrongful ends. I call this type of conduct “moral coercion”. In this paper I (a) present an account of moral coercion by linking it to coercion more generally, (b) determine whether and to what degree the coerced agent is (...)
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  37. Complicity.Saba Bazargan-Forward - 2017 - In Marija Jankovic & Kirk Ludwig (eds.), Routledge Handbook on Collective Intentionality. Routledge University Press.
    Complicity marks out a way that one person can be liable to sanctions for the wrongful conduct of another. After describing the concept and role of complicity in the law, I argue that much of the motivation for presenting complicity as a separate basis of criminal liability is misplaced; paradigmatic cases of complicity can be assimilated into standard causation-based accounts of criminal liability. But unlike others who make this sort of claim I argue that there is still room for genuine (...)
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  38. 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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  39. A History of AI and Law in 50 Papers: 25 Years of the International Conference on AI and Law. [REVIEW]Trevor Bench-Capon, Michał Araszkiewicz, Kevin Ashley, Katie Atkinson, Floris Bex, Filipe Borges, Daniele Bourcier, Paul Bourgine, Jack G. Conrad, Enrico Francesconi, Thomas F. Gordon, Guido Governatori, Jochen L. Leidner, David D. Lewis, Ronald P. Loui, L. Thorne McCarty, Henry Prakken, Frank Schilder, Erich Schweighofer, Paul Thompson, Alex Tyrrell, Bart Verheij, Douglas N. Walton & Adam Z. Wyner - 2012 - Artificial Intelligence and Law 20 (3):215-319.
    We provide a retrospective of 25 years of the International Conference on AI and Law, which was first held in 1987. Fifty papers have been selected from the thirteen conferences and each of them is described in a short subsection individually written by one of the 24 authors. These subsections attempt to place the paper discussed in the context of the development of AI and Law, while often offering some personal reactions and reflections. As a whole, the subsections build into (...)
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  40. 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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  41. 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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  42. Social Foundations of Law: A Philosophical Analysis.Ernest Beyaraza - 2003 - Kampala, Uganda: LDC Publishers Print. Press.
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  43. Consent in the Law.Deryck Beyleveld - 2007 - Hart.
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  44. Law as a Moral Judgment.Deryck Beyleveld - 1986 - Sweet & Maxwell.
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  45. Canadian Cases in the Philosophy of Law.Jerome Edmund Bickenbach (ed.) - 1993 - Broadview Press.
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  46. 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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  47. 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 - Jurisprudencija: Mokslo darbu žurnalas 18 (1):113-126.
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  48. 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 - Jurisprudencija: Mokslo darbu žurnalas 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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  49. Power, Law, and Society; a Study of the Will to Power and the Will to Law.Edgar Bodenheimer - 1973 - New York: Crane, Russak.
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  50. Law as a Tool in “The War on Obesity”: Useful Interventions, Maybe, But, First, What's the Problem?W. A. Bogart - 2013 - Journal of Law, Medicine & Ethics 41 (1):28-41.
    This article explores the effectiveness of legal interventions to promote healthier eating/drinking and exercise in responding to obesity. Undue emphasis on weight loss and prevention of excess gain have largely been failures and have fueled prejudice against fat people. A major challenge lies in shifting norms: away from stigmatization of the obese and towards more nutritious eating/drinking and increased activity with acceptance of bodies in all shapes and sizes. Part of the enormity of this challenge lies in the complex effects (...)
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