Results for 'Civil law'

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  1. Éthique Et Droits Fondamentaux.Guy Lafrance & International Conference on the Philosophy of Law - 1989 -
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  2.  1
    The Development of Lithuanian Civil Law before and after the Adoption of the Civil Code in 2000 (text only in French).Asta Dambrauskaitė - 2010 - Jurisprudence 121 (3):195-211.
    The article outlines some aspects of the civil law in Lithuania, an Eastern European country, which underwent an essential transformation in the last decades. The author outlines the development of the Lithuanian civil law from the oldest written sources up to the adoption of the new Civil Code of the Republic of Lithuania in 2000. The author is critical about the denomination of Lithuania as a “new” state and draws attention to the history of Lithuanian law, which (...)
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  3.  15
    Domestic Abuse, Civil Protection Orders and the `New Criminologies': Is There Any Value in Engaging with the Law?Clare Connelly & Kate Cavanagh - 2007 - Feminist Legal Studies 15 (3):259-287.
    Changes in government policy over the last two decades have seen the traditional goals of criminal justice, namely prosecution and punishment, being replaced by an emphasis on prevention, fear reduction, security and harm reduction. During this time domestic abuse has gained a place on the political agenda, which has resulted in legislative initiatives in the form of civil protection orders across the U.K. which primarily focus on prevention but have also more recently begun to rely on the traditional criminal (...)
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  4.  24
    Civil Ethics and the Validity of Law.Adela Cortina - 2000 - Ethical Theory and Moral Practice 3 (1):39-55.
    This paper aims to clarify the nature and contents of 'civil ethics' and the source of the binding force of its obligations. This ethics should provide the criteria for evaluating the moral validity of social, legal and morally valid law. The article starts with observing that in morally pluralist Western societies civil ethics already exists, and has gradually started to play the role of guiding the law. It is argued that civil ethics should not be conceived as (...)
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  5.  17
    “In Accordance with the Law”: Reconciling Divine and Civil Law in Abelard.Amber L. Griffioen - 2007 - American Catholic Philosophical Quarterly 81 (2):307-321.
    In the Ethics, Abelard discusses the example of a judge who knowingly convicts an innocent defendant. He claims that this judge does rightly whenhe punishes the innocent man to the full extent of the law. Yet this claim seems counterintuitive, and, at first glance, contrary to Abelard’s own ethical system. Nevertheless, I argue that Abelard’s ethical system cannot be viewed as completely subjective, since the rightness of an individual act of consent is grounded in objective standards established by God. Likewise, (...)
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  6.  3
    Accession as a Mode of Acquisition and Loss of Ownership in the Lithuanian Civil Law.Ramūnas Birštonas - 2013 - Jurisprudence 20 (3):1081-1094.
    The aim of the article is to answer the question if accession can be maintained as a separate and independent mode of acquisition and loss of ownership in the Lithuanian civil law. Although this mode takes its beginning in the Roman law and is well-known in other European jurisdictions, the situation in Lithuania is less clear because the accession is almost totally absent from the legal texts of the Lithuanian positive civil law, court decisions and legal doctrine as (...)
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  7. Utilitarianism and Distributive Justice: Jeremy Bentham and the Civil Law.P. J. Kelly - 1990 - Oxford University Press.
    Drawing extensively on Bentham's unpublished civil and distributive law writings, classical and recent Bentham scholarship, and contemporary work in moral and political philosophy, Kelly here presents the first full-length exposition and sympathetic defense of Bentham's unique utilitarian theory of justice. Kelly shows how Bentham developed a moderate welfare-state liberal theory of justice with egalitarian leanings, the aim of which was to secure the material and political conditions of each citizen's pursuit of the good life in cooperation with each other. (...)
     
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  8.  1
    Canon Law, Civil Law, and the Health Care Apostolate.Craig Paterson - 2000 - Catholic Social Science Review 5:267-281.
    This paper provides an overview of the application of canon law to the administration of Catholic heahh care in the United States. It is divided into four sections. The first section provides a context for the role of canon law in the life of the Church. The second section considers the fundamental question of juridic personality in the Church. The third section delineates the predominant forms of organization that have hitherto been the main Church related institutions providing health care. The (...)
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  9.  9
    Donum Vitae: Civil Law and Moral Values.Christian Byk - 1989 - Journal of Medicine and Philosophy 14 (5):561-573.
    reminds us that reproductive medicine has become part of our social reality and as such justifies the intervention of public authorities. The Instruction suggests relevant principles which should guide appropriate legislation. This essay analyzes how far the French government has taken these fundamental principles into account. Keywords: IVF-ET, Donum Vitae , civil law, France CiteULike Connotea Del.icio.us What's this?
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  10.  8
    The Apriori Foundations of the Civil Law: Along with the Lecture "Concerning Phenomenology".Adolf Reinach & John Crosby (eds.) - 2012 - De Gruyter.
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  11. The Theory of Law and Civil Society.Ágost Pulszky - 1888 - Hyperion Press.
  12. Philosophy and Civil Law.George F. McLean (ed.) - 1975 - Office of the National Secretary of the Association, Catholic University of America.
     
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  13.  2
    Expediency, Legitimacy, and the Rule of Law: A Systems Perspective on Civil/Criminal Procedural Hybrids.Jennifer Hendry & Colin King - forthcoming - Criminal Law and Philosophy:1-25.
    In recent years an increasing quantity of UK legislation has introduced blended or ‘hybridised’ procedures that blur the previously clear demarcation between civil and criminal legal processes, typically on the grounds of normatively-motivated political expediency. This paper provides a critical perspective on instances of procedural hybridisation in order to illustrate that, first, the reliance upon civil law measures to remedy criminal law infractions can raise human rights issues and, second, that such instrumental criminal justice strategies deliberately circumvent the (...)
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  14.  6
    Technology and Civil Disobedience: Why Engineers Have a Special Duty to Obey the Law. [REVIEW]Dr Eugene Schlossberger - 1995 - Science and Engineering Ethics 1 (2):163-168.
    Engineers have a greater responsibility than many other professionals not to commit civil disobedience in performing their jobs as engineers. It does not follow that engineers have no responsibility for their company’s actions. Morally, engineer may be required to speak out within the company or even publicly against her company. An engineer may be required to work on a project or quit her job. None of these acts, generally, are against the law. An engineer may be morally required to (...)
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  15.  5
    Towards Principles of Overruling in a Civil Law Supreme Court.Isabelle Rorive - 2006 - In J. W. Harris, Timothy Andrew Orville Endicott, Joshua Getzler & Edwin Peel (eds.), Properties of Law: Essays in Honour of Jim Harris. Oxford University Press.
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  16.  4
    The Corruption of Civil Rights and Civil Law.President Ulysses S. Grant - unknown -
    The effects of the late civil strife have been to free the slave and make him a citizen. Yet he is not possessed of the civil rights which citizenship should carry with it. This is wrong, and should be corrected. To this correction I stand committed, so far as Executive influence can avail.
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  17. John Paul II on the Relationship Between Civil Law and the Moral Law: Understanding Evangelium Vitae in Light of the Principle of Subsidiarity and the Moral Grammar of John Paul II.Gregory Beabout & Mary Hodes - 2007 - Notre Dame Journal of Law, Ethics and Public Policy 21 (1):71-110.
     
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  18. The Equal Extent of Natural and Civil Law.Ross Harrison - 2012 - In David Dyzenhaus & Thomas Poole (eds.), Hobbes and the Law. Cambridge University Press.
  19. Hobbes and the Civil Law : The Use of Roman Law in Hobbes's Civil Science.Daniel Lee - 2012 - In David Dyzenhaus & Thomas Poole (eds.), Hobbes and the Law. Cambridge University Press.
  20. Two Hundred (200) Years of Civil Law in English : Louisiana's Lonely Destiny.Alain Levasseur - 2010 - In Eleanor Cashin-Ritaine, Seán Patrick Donlan & Martin Sychold (eds.), Comparative Law and Hybrid Legal Traditions: Lausanne, 10-11 September 2009. Schulthess.
     
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  21.  18
    Born in the USA: The Civil Law Theory of Mitchell Franklin.David Fraser - 1986 - Telos: Critical Theory of the Contemporary 1986 (70):41-52.
  22.  62
    Law and Economics in Common-Law, Civil-Law, and Developing Nations.Richard A. Posner - 2004 - Ratio Juris 17 (1):66-79.
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  23.  54
    Utilitarianism and Distributive Justice: The Civil Law and the Foundations of Bentham's Economic Thought.P. J. Kelly - 1989 - Utilitas 1 (1):62.
    Between 1787, and the end of his life in 1832, Bentham turned his attention to the development and application of economic ideas and principles within the general structure of his legislative project. For seventeen years this interest was manifested through a number of books and pamphlets, most of which remained in manuscript form, that develop a distinctive approach to economic questions. Although Bentham was influenced by Adam Smith's An Inquiry into the Nature and Causes of the Wealth of Nations, he (...)
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  24.  31
    The Relation Between Civil Law and a Higher Law.Gail Belaief - 1965 - The Monist 49 (3):504-518.
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  25.  17
    The Jury Between the Civil and the Criminal Law.Paul Robertshaw - 2000 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 13 (3):251-278.
    This article comprises two case studies of a ``problem'' within the Anglo-Welsh legal process of jury trial. In that tradition, the judge not only instructs on the law to be applied by the jury, s/he also ``summarises'' the evidence after counsel have already done so. This summarising is largely unconstrained by appellate control. The ``problem'' that the two cases present is that they were trials of ``civil'' issues in which the subject matter is also categorised as ``criminal''. Where such (...)
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  26.  11
    Trichotomy in Roman Law Trichotomy in Roman Law. By Henry Goudy, D.C.L., Regius Professor of Civil Law in the Univeristy of Oxford. Oxford: Clarendon Press, 1910. [REVIEW]W. F. W. - 1911 - The Classical Review 25 (06):185-186.
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  27.  5
    On the Evaluation of Civil Law.Gail Belaief - 1969 - Philosophy Today 13 (3):231-239.
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  28.  10
    John Paul II, John Courtney Murray, and the Relationship Between Civil Law and Moral Law.Gregory A. Kalscheur - 2004 - Journal of Catholic Social Thought 1 (2):231-275.
  29.  6
    A Symposium on the Philosophy of Civil Law.Wilfrid Parsons - 1939 - Modern Schoolman 17 (1):1-2.
  30.  4
    The Natural Law and the Civil Law.Herbert C. Noonan - 1937 - Modern Schoolman 14 (2):35-37.
  31.  2
    Born in the U.S.A.: The Civil Law Theory of Mitchell Franklin.D. Fraser - 1986 - Télos 1986 (70):41-52.
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  32.  4
    The Reception of Canon Law and Civil Law in the Common Law Courts Before 1600.David J. Seipp - 1993 - Oxford Journal of Legal Studies 13 (3):388-420.
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  33.  7
    Justice in the Natural and Civil Law.Brendan F. Brown - 1962 - Proceedings of the American Catholic Philosophical Association 36:29-37.
  34.  2
    Philosophy and Civil Law.William T. Blackstone - 1975 - Proceedings of the American Catholic Philosophical Association 49:218-227.
  35.  1
    Hobbes, Civil Law, Liberty and theElements of Law.Patricia Springborg - 2016 - Critical Review of International Social and Political Philosophy 19 (1):47-67.
  36.  8
    "Real" and "Ideal" Forces in Civil Law.Morris R. Cohen - 1916 - International Journal of Ethics 26 (3):347-358.
  37.  3
    The Use of Precedents as Arguments of Authority, Arguments Ab Exemplo, and Arguments of Reason in Civil Law Systems.Leonor Moral Soriano - 1998 - Ratio Juris 11 (1):90-102.
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  38.  1
    Philosophy and Civil Law. Boyle Jr - 1975 - Proceedings of the American Catholic Philosophical Association 49:82-95.
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  39.  1
    Taking Another Look At French Civil Law.Legrand Pierre - 1987 - Oxford Journal of Legal Studies 7 (1):136-144.
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  40.  1
    The Place of Civil Law in Biotechnology.Carlos M. Romeo-Casabona - 2004 - Global Bioethics 17 (1):125-130.
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  41.  1
    Philosophy and Civil Law.Abraham Edel - 1975 - Proceedings of the American Catholic Philosophical Association 49:150-163.
  42. The Relation Between Civil Law and a Higher Law: A Study of Spinoza’s Legal Philosophy.Gail Belaief - 1965 - The Monist 49 (3):504-518.
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  43. Justice in the Natural and Civil Law.Brendan F. Brown - 1962 - Proceedings and Addresses of the American Philosophical Association 36:29.
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  44. Utilitarianism and Distributive Justice: Jeremy Bentham and the Civil Law.John Callaghan - 1992 - History of European Ideas 14 (5):739-742.
  45. "Real" and "Ideal" Forces in Civil Law.Morris R. Cohen - 1915 - Ethics 26 (3):347.
  46. "Real" and "Ideal" Forces in Civil Law.Morris R. Cohen - 1916 - International Journal of Ethics 26 (3):347-358.
  47. Philosophy and Civil Law.Richard T. De George - 1975 - Proceedings of the American Catholic Philosophical Association 49:171-180.
  48. Philosophy and Civil Law.Wilfrid Desan - 1975 - Proceedings of the American Catholic Philosophical Association 49:49-58.
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  49. Philosophy and Civil Law.Jude P. Dougherty - 1975 - Proceedings of the American Catholic Philosophical Association 49:1-12.
  50. Utilitarianism and Distributive Justice: The Civil Law and the Foundations of Bentham's Economic Thought*: P. J. Kelly.P. J. Kelly - 1989 - Utilitas 1 (1):62-81.
    Between 1787, and the end of his life in 1832, Bentham turned his attention to the development and application of economic ideas and principles within the general structure of his legislative project. For seventeen years this interest was manifested through a number of books and pamphlets, most of which remained in manuscript form, that develop a distinctive approach to economic questions. Although Bentham was influenced by Adam Smith's An Inquiry into the Nature and Causes of the Wealth of Nations, he (...)
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