Results for 'Jurisprudence'

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  1. Affirmative Sexual Consent in Canadian Law, Jurisprudence, and Legal Theory.Lucinda Vandervort - 2012 - Columbia Journal of Gender and Law 23 (2):395-442.
    This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws (...)
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  2. Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy.Brian Leiter - 2007 - Oxford University Press.
    Introduction: From legal realism to naturalized jurisprudence -- A note on legal indeterminacy -- Part I. American legal realism and its critics -- Rethinking legal realism: toward a naturalized jurisprudence (1997) -- Legal realism and legal positivism reconsidered (2001) -- Is there an "American" jurisprudence? (1997) -- Postscript to Part I: Interpreting legal realism -- Part II. Ways of naturalizing jurisprudence -- Legal realism, hard positivism, and the limits of conceptual analysis (1998, 2001) -- Why Quine (...)
     
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  3. Essays in Jurisprudence and Philosophy.H. L. A. Hart - 1983 - Oxford University Press.
    This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.
  4. The Oxford Handbook of Jurisprudence & Philosophy of Law.Jules Coleman & Scott Shapiro (eds.) - 2002 - Oxford University Press.
    One of the first volumes in the new series of prestigious Oxford Handbooks, The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-six of the foremost legal theorists currently writing, to provide a state of the art overview of jurisprudential scholarship.
     
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  5. The Province of Jurisprudence Determined.John Austin - 1954 - Hackett.
    The Province of Jurisprudence Determined (1832) is a classic of nineteenth-century English jurisprudence, a subject on which Austin had a profound impact. His book is primarily concerned with a meticulous explanation of most of the core concepts of his legal philosophy, including his conception of law, his separation of law and morality, and his theory of sovereignty. Almost a quarter of it consists of an interpretation and defence of the principle of utility. This edition includes the complete and (...)
     
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  6.  53
    The Science of a Legislator: The Natural Jurisprudence of David Hume and Adam Smith.Knud Haakonssen - 1981 - Cambridge University Press.
    Combining the methods of the modern philosopher with those of the historian of ideas, Knud Haakonssen presents an interpretation of the philosophy of law which Adam Smith developed out of - and partly in response to - David Hume's theory of justice. While acknowledging that the influences on Smith were many and various, Dr Haakonssen suggests that the decisive philosophical one was Hume's analysis of justice in A Treatise of Human Nature and the second Enquiry. He therefore begins with a (...)
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  7.  84
    Naturalizing Jurisprudence.Brian Leiter - 2009 - In John R. Shook & Paul Kurtz (eds.), The Future of Naturalism. Humanity Books.
    General jurisprudence-that branch of legal philosophy concerned with the nature of law and adjudication-has been relatively unaffected by the "naturalistic" strains so evident, for example, in the epistemology, philosophy of mind and moral philosophy of the past forty years. This paper sketches three ways in which naturalism might affect jurisprudential inquiry. The paper serves as a kind of precis of the main themes in my book NATURALIZING JURISPRUDENCE: ESSAYS ON AMERICAN LEGAL REALISM AND NATURALISM IN LEGAL PHILOSOPHY (Oxford (...)
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  8.  27
    Making Sense in Jurisprudence.Bernard S. Jackson - 1996 - Liverpool: Deborah Charles Publications.
    This book reviews the classical schools of jurisprudence with particular reference to their linguistic presuppositions, and summarises an alternative account based on Paris school semiotics. Detailed ToC available from linked web page. NOT available from Amazon.
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  9.  34
    Educating Oneself in Public: Critical Essays in Jurisprudence.Michael S. Moore - 2000 - Oxford University Press.
    This book is a sophisticated, detailed, and original examination of the main ideas that have dominated Anglo-American legal philosophy since the Second World War. The author probes such themes as: whether there can be right answers to all disputed law cases; how laws and other rules impact on the practical rationality of actors subject to their authority; whether general principles justifying the law must themselves be thought of as part of the law binding on legal actors; and the possibility of (...)
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  10.  85
    The Politics of Jurisprudence: A Critical Introduction to Legal Philosophy.Roger Cotterrell - 1989 - University of Pennsylvania Press.
    Selected by Choice magazine as an Outstanding Academic Title In The Politics of Jurisprudence, Roger Cotterrell offers a concise introduction to and commentary ...
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  11. Understanding Jurisprudence: An Introduction to Legal Theory.Raymond Wacks - 2009 - Oxford University Press.
    What is law? Does it have a purpose? What is its relationship with justice? Do we have a moral duty to obey the law? These sorts of questions lie at the heart of jurisprudence. Moreover, every substantive or 'black letter' branch of the law raises questions about its own meaning and function. The law of contract cannot be properly understood without an appreciation of the concepts of rights and duties. The law of tort is directly related to several economic (...)
     
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  12.  25
    F#Ck Your Family!: The Visual Jurisprudence of Automobility.Kylie Doyle & Kieran Tranter - 2017 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 30 (1):1-22.
    This paper considers the popular visual jurisprudence of bumper stickers. Drawing upon a sample sticker/driver/vehicle assemblages observed at the Gold Coast, Australia in 2014, we argue that the meanings and messages projected by the assemblages have a significant legal dimension. The argument is located at the intersection of past research into bumper stickers, increased scholarly interest in the relation of law to automobility and especially recent considerations of the popular visual jurisprudence of the motor vehicle, its cultures and (...)
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  13.  27
    Visual Jurisprudence of the American Yellow Traffic Light.Sarah Marusek - 2014 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 27 (1):183-191.
    In the United States, the steady yellow light means that a driver should either speed up or slow down. State laws written about a driver’s behavior at these yellow lights are vague and indeterminate and result in what is referred to as the dilemma zone (Hurwitz et al. in Transp Res Part F Traffic Psychol Behav 15(2): 132–143, 2012). This paper will reconsider law’s vagueness as intentional rather than problematic, insofar as cultural understandings of the yellow light lead to a (...)
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  14.  38
    Normative Jurisprudence: An Introduction.Robin West - 2011 - Cambridge University Press.
    Machine generated contents note: 1. Revitalizing natural law; 2. Legal positivism, censorial jurisprudence, and legal reform; 3. Critical legal studies - the missing years; 4. Reconstructing normative jurisprudence.
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  15. Constructed and Wild Conceptual Necessities in Contemporary Jurisprudence.Stefan Sciaraffa - 2015 - Jurisprudence 6 (2):391-406.
  16. Exploring Law's Empire: The Jurisprudence of Ronald Dworkin.Scott Hershovitz (ed.) - 2006 - Oxford University Press.
    Exploring Law's Empire is a collection of essays by leading legal theorists and philosophers who have been invited to develop, defend, or critique Ronald Dworkin's controversial and exciting jurisprudence. The volume explores Dworkin's critique of legal positivism, his theory of law as integrity, and his writings on constitutional jurisprudence. Each essay is a cutting-edge contribution to its field of inquiry, the highlights of which include an introduction by Justice Stephen Breyer of the United States Supreme Court, and a (...)
     
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  17.  72
    Virtue Jurisprudence a Virtue–Centred Theory of Judging.Lawrence B. Solum - 2003 - Metaphilosophy 34 (1/2):178--213.
    “Virtue jurisprudence” is a normative and explanatory theory of law that utilises the resources of virtue ethics to answer the central questions of legal theory. The main focus of this essay is the development of a virtue–centred theory of judging. The exposition of the theory begins with exploration of defects in judicial character, such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis, or sound practical judgement. A virtue–centred (...)
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  18.  35
    Feminist Jurisprudence: Keeping the Subject Alive.Jill Marshall - 2006 - Feminist Legal Studies 14 (1):27-51.
    One of the main purposes of feminist jurisprudence is to create or find better ways of being and living for women through the analysis, critique, and use of law. Rich work has emerged, and continues to emerge, from feminist theorists exploring conceptions of the self, personhood, identity and subjectivity that could be used to form a basic unit in law and politics. In this article, it is argued that a strong sense of human subjectivity needs to be retained to (...)
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  19. Feminist Jurisprudence.Patricia Smith - 1996 - In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell.
    Providing balanced coverage of abortion, sexual harassment, censorship and pornography, and other timely and controversial subjects, this pathbreaking anthology is the first to offer a comprehensive introduction to feminist legal philosophy. An important resource for courses in women's studies, philosophy, law, sociology, and political science, it provides many stimulating insights into essential topics in jurisprudence, such as the nature and justification of law, judicial reasoning and the process of adjudication, the connection between law and equality, and freedom and justice.
     
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  20. Philosophy of Law: An Introduction to Jurisprudence.Jeffrie G. Murphy - 1990 - Westview Press.
    In this revised edition, two distinguished philosophers have extended and strengthened the most authoritative text available on the philosophy of law and jurisprudence. While retaining their comprehensive coverage of classical and modern theory, Murphy and Coleman have added new discussions of the Critical Legal Studies movement and feminist jurisprudence, and they have strengthened their treatment of natural law theory, criminalization, and the law of torts. The chapter on law and economics remains the best short introduction to that difficult, (...)
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  21.  46
    Jurisprudence.Roscoe Pound - 1959 - Lawbook Exchange.
    v. 1. Jurisprudence. The end of law -- v. 2. The nature of law -- v. 3. The scope and subject matter of law. Sources, forms, modes of growth -- v. 4. Application and enforcement of law. Analysis of general juristic conceptions -- v. 5. The system of law.
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  22.  38
    Jurisprudence: Cambridge Essays.Hyman Gross & Ross Harrison (eds.) - 1992 - Oxford University Press.
    Each of the essays included in this volume illuminates an aspect of law, reflecting an unorthodox perception of jurisprudence which combines interests in philosophy, legal theory, criminology, legal history, political and constitutional theory and the history of ideas. This work will broaden the jurisprudential scope of practitioners' professional concerns, but help academics enhance their knowledge of the wealth of information for their own studies.
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  23. A Textbook of Jurisprudence.G. W. Paton - 1972 - Oxford, Clarendon Press.
    This new edition of a standard reference of jurisprudence has been fully revised. Many recent developments which touch on the relationship of laws to morals--homosexuality, obscenity, suicide, and abortion--are discussed, together with controversial economic aspects of modern legislation on such as topics as restrictive trade practices and trade unions.
     
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  24. The Province of Jurisprudence Determined and the Uses of the Study of Jurisprudence.John Austin - 1954 - London: Weidenfeld & Nicolson.
    This edition comprises the full text of Austin's The Province of Jurisprudence Determined, a classic work of moral, political, and legal philosophy, and Austin ...
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  25.  4
    Promising Justice: Derrida with Jewish Jurisprudence.Ari Hirvonen - 2001 - Law and Critique 12 (2):159-183.
    “Deconstruction is justice”. How are we to understand this striking and extraordinary sentence Jacques Derrida has written? Whose justice? Which deconstruction? The article asks these questions by thinking the continuity and discontinuity between Jewish, especially rabbinic, thinking and Derrida's writing. The article approaches Derrida's ethico-legal thinking through the tradition of Judaismby putting the sentence ``deconstructionis justice'' on the stage of the Jewish jurisprudence, which may be revealed as utmost important in relation to deconstructibility of law and undeconstructibility of justice. (...)
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  26.  66
    Interpretivism in Jurisprudence: What Difference Does the Philosophy of History Make to the Philosophy of Law?Naomi Choi - 2007 - Journal of the Philosophy of History 1 (3):365-393.
    To answer the question of what difference the philosophy of history makes to the philosophy of law this paper begins by calling attention to the way that Ronald Dworkin's interpretive theory of law is supposed to upend legal positivism. My analysis shows how divergent theories about what law and the basis of legal authority is are supported by divergent points of view about what concepts are, how they operate within social practices, and how we might best give account of such (...)
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  27.  34
    Oxford Essays in Jurisprudence.John Eekelaar & John Bell (eds.) - 1987 - Oxford University Press.
    This third book in the Oxford Essays in Jurisprudence series continues the established format and includes contributions from distinguished scholars in the field, each attempting to relate legal theory to specific areas of the law. Among the eminent contributors are Andrew Ashworth, Peter Cane, Hugh Collins, Anne de Moor, Jim Harris, Simon Lee, Bernard Rudden, and Christopher McCrudden.
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  28.  27
    Influence of the Jurisprudence of the Constitutional Court on the Criminal Procedure.Rima Ažubalytė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (3):1059-1078.
    The author of the paper considers the influence of the jurisprudence of the Constitutional Court as the only official entity entitled to interpret the Constitution on the criminal procedure. The paper contains the review the following three trends of impact of the constitutional jurisprudence: influence on the legislature in criminal procedure law, influence on the practice of implementation of criminal procedural law and on the science of criminal procedural law. The paper mostly relies on the works by professionals (...)
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  29.  19
    The Criterions of the Scientific Character of Jurisprudence in the Modern Legal Philosophy.Saulius Arlauskas - 2009 - Jurisprudencija: Mokslo darbu žurnalas 118 (4):247-264.
    In this article the paradoxical role of legal science in legal practice is discussed. On the one hand, legal scientists do not agree on the criterions of the scientific character of legal science. On the other hand, even in the legal cases that are especially complicated it is possible to arrive at theoretically unquestionable decisions. The author of the article concludes that legal practice is based on fundamental theoretical insights; however, in legal practice these insights are used more intuitively than (...)
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  30. Oxford Essays in Jurisprudence, Second Series.A. W. B. Simpson (ed.) - 1973 - Oxford, Clarendon Press.
    These essays deal with central and controversial issues in jurisprudence. This volume emphasizes legal theory, and the collection will be of interest to students of and others involved with political philosophy as well as law students and philosophers.
     
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  31.  15
    The Role of Universal Jurisprudence in Bentham’s Legal Cosmopolitanism.Robert Loring - 2014 - Revue D’Études Benthamiennes 13.
    When considering Bentham’s cosmopolitanism in its legal aspect, scholars often focus on his international jurisprudence, to the neglect of his universal jurisprudence. This article contributes to a growing understanding of the role of universal jurisprudence by providing a close examination of both its expository and censorial modes, with particular attention to their cosmopolitan qualities. Section one parses the concept of jurisprudence itself. Section two describes the censorial mode of universal jurisprudence, which lays down the principles (...)
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  32.  20
    Does Legal Semiotics Cannibalize Jurisprudence?José de Sousa E. Brito - 2009 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 22 (4):387-398.
    Does Duncan Kennedy successfully cannibalize jurisprudence? He attempts to do it by demonstrating the inexistence of rightness in legal argumentation. If there is no right legal argument, then there is no right answer in adjudication, adjudication is not a rational enterprise and legal doctrine cannot be said to be a science. It can be shown that skepticism is self-defeating. Duncan Kennedy can avoid self defeat only because he actually believes in a lot of legal arguments. His thesis that judges (...)
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  33.  15
    The Granary of Legal Thought. Dedicated to the 20th Anniversary of “Jurisprudence”.Mindaugas Maksimaitis - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (3):801-840.
    The article describes the history of Mykolas Romeris University periodical science journal “Jurisprudence”. The principal characteristics describing “Jurisprudence” as well as the content of the journal are discussed in the article. The “Jurisprudence” of today is a modern tribune that helps the scientists of Mykolas Romeris University and other educational institutions as well as the scientists of foreign countries to present to the society the findings of various scientific works in the sphere of research of fundamental and (...)
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  34.  7
    Les tumultes chez Machiavel et la langue de la jurisprudence.Angela De Benedictis - 2016 - Astérion 15.
    Depuis quelque temps, les spécialistes de Machiavel ont dédié leur attention, d’une part, au rôle des tumultes et de l’autre, à la présence de la langue de la jurisprudence dans son œuvre. Jusqu’à présent, ces deux lectures de Machiavel ne sont pas rencontrées. Cette contribution entend montrer jusqu’à quel point la langue de la jurisprudence est présente dans l’écriture de Machiavel sur les tumultes, dans ses premiers textes comme, surtout, dans ses Histoires florentines. En partant de l’analyse machiavélienne (...)
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  35.  22
    Essays in Jurisprudence and Ethics.Frederick Pollock - 1882 - F.B. Rothman.
    THE NATURE OF JURISPRUDENCE CONSIDERED IN RELATION TO SOME RECENT CONTRIBUTIONS TO LEGAL SCIENCE. Professor Holland of Oxford is to be congratulated on ...
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  36. Some Thoughts on Modern Jurisprudence.K. B. Agrawal (ed.) - 1977 - Indian Institute of Comparative Law.
    Stone, J. Thoughts on supposed "Death of law".--Krishna Iyer, V. R. Jurisprudence and jurisconscience.--Sharma, G. S. Law and social change in India.--Sharma, S. D. The concept of justice in Manu.--Chand, H. Legal values for a developing country.--Ramarao, T. S. The new international law relating to the rights and duties of States.--Sinha, B. S. Custom and customary law in Indian jurisprudence.--Mazumdar, D. L. Techno-economic structure of our industrial society.--Subrahamanian, N. Law and social change.
     
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  37. Jurisprudence, 2009-2010.David Brooke - 2009 - Routledge-Cavendish.
    General aspects of jurisprudence -- Precursors of modern jurisprudence -- Natural law -- Transcendental idealism -- Utilitarianism -- Legal positivism -- Historical jurisprudence -- The sociological movement in jurisprudence -- Authority -- Scandinavian realism -- American realism -- Contemporary american jurisprudence -- Rights -- Law and morality -- Feminist jurisprudence.
     
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  38. Jurisprudence.David Brooke - 2011 - Routledge.
    General aspects of jurisprudence -- Precursors of modern jurisprudence -- Natural law -- Common law and statute -- Utilitarianism -- Punishment -- Legal positivism -- Authority -- American realism -- The nature of law -- Contemporary American jurisprudence and political philosophy -- Rights -- Law and morality.
     
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  39. The Province of Jurisprudence Democratized.Allan C. Hutchinson - 2008 - Oxford University Press.
    The province of jurisprudence compromised -- The province of jurisprudence revisited -- The provinciality of jurisprudence determined -- The morality of jurisprudence determined -- The province of jurisprudence pre-determined -- The province of jurisprudence moralised -- The province of jurisprudence re-generated -- The province of the judiciary democratised -- The experimental province of democracy determined.
     
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  40. Legal Semiotics and Semiotic Aspects of Jurisprudence.Bernard S. Jackson - 2012 - In Anne Wagner & Jan Broekman (eds.), , eds., Prospects of Legal Semiotics. Dordrecht: Springer. pp. 3-36.
    Originally written in 1990, this reviews largely late 20th century debates on the study of law as Logic, Discourse, or Experience; the Unity of the Legal System and the Problem of Reference; Semiotic Presuppositions of Traditional Jurisprudence (Austin, Hart, Kelsen, Dworkin, Legal Realisms); then turns to legal philosophies explicitly Employing Forms of Semiotics (Kalinowski, the Italian Analytical School, Rhetorical and Pragmatic Approaches, Sociological and Socio-Linguistic Approaches, Peircian Legal Semiotics, Greimasian Legal Semiotics and Aesthetic/Symbolic Approaches). A major section then offers (...)
     
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  41.  20
    Jurisprudence of Jurisdiction.Shaun McVeigh (ed.) - 2006 - Routledge-Cavendish.
    For much of the history of the western legal order, the question of jurisdiction - the question of the power and authority of law - has been the first question of law. This book investigates the difference that jurisdiction continues to make to the ordering of normative existence. It also follows the speculation that without an account of jurisdiction, jurisprudence would be left speechless, left with no power to address the conditions of attachment to legal and political order. The (...)
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  42. Jurisprudence.Denise Meyerson - 2010 - Oxford University Press.
    Jurisprudence explores fundamental questions about law and justice from a philosophical and theoretical perspective. Rather than merely describing the field, the book provides rigorous evaluation of jurisprudential arguments and explains in clear, accurate and accessible terms, the complex and cutting-edge debates which define the field of contemporary jurisprudence.
     
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  43. Essays in Jurisprudence in Honor of Roscoe Pound.Ralph Abraham Newman (ed.) - 1962 - Indianapolis: Bobbs-Merrill.
    The foundations of law. The digest title, De diversis regulis iuris antiqui, and the general principles of law, by P. Stein. Equity in Chinese customary law, by W. Y. Tsao. Prolegomena to the theory and history of Jewish law, by H. Cohn. Juridical evolution and equity, by J.P. Brutau. Reflections on the sources of the law, by P. Lepaulle. The true nature and province of jurisprudence from the viewpoint of Indian philosophy, by M.J. Sethna. On the functions and aims (...)
     
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  44. Key Issues in Jurisprudence.John Paul Omony - 2006 - J. P. Omony.
    [1] An in-depth discourse on jurisprudence 1 problems -- [2] an in-depth discourse on jurisprudence 2 problems.
     
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  45.  23
    General Jurisprudence: Understanding Law From a Global Perspective.William Twining - 2009 - Cambridge University Press.
    This book explores how globalisation influences the understanding of law. Adopting a broad concept of law and a global perspective, it critically reviews mainstream Western traditions of academic law and legal theory. Its central thesis is that most processes of so-called 'globalisation' take place at sub-global levels and that a healthy cosmopolitan discipline of law should encompass all levels of social relations and the legal ordering of these relations. It illustrates how the mainstream Western canon of jurisprudence needs to (...)
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  46. Jurisprudence: Themes and Concepts.Scott Veitch, Emilios A. Christodoulidis & Lindsay Farmer (eds.) - 2007 - Routledge-Cavendish.
    This new book takes an innovative and novel approach to the study of jurisprudence. Drawing together a range of specialists, making original contributions, it provides a summary, analysis, and critique of basic themes in, and major contributions to, the study of jurisprudence. The book explores issues and ideas in jurisprudence in a way that integrates them with legal study more broadly, avoiding the tendency in recent years for the subject to become overly inward-looking, specialist and technical, leaving (...)
     
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  47.  23
    Outlines of Historical Jurisprudence.Paul Vinogradoff - 1920 - Lawbook Exchange.
    v. 1. Introduction ; Tribal law -- v. 2. The jurisprudence of the Greek city.
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  48.  61
    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 (...)
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  49.  49
    The Problems of Jurisprudence.Richard A. Posner - 1990 - Harvard University Press.
    In this book, one of our country's most distinguished scholar-judges shares with us his vision of the law.
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  50. Essays on Bentham Studies in Jurisprudence and Political Theory.H. L. A. Hart - 1982
     
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