Results for 'Jurisprudence'

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  1. Experimental Jurisprudence.Kevin Tobia - 2022 - University of Chicago Law Review 89:735-802.
    “Experimental jurisprudence” draws on empirical data to inform questions typically associated with jurisprudence or legal theory. Scholars in this flourishing movement conduct empirical studies about a variety of legal language and concepts. Despite the movement’s growth, its justification is still opaque. Jurisprudence is the study of deep and longstanding theoretical questions about law’s nature, but “experimental jurisprudence,” it might seem, simply surveys laypeople. This Article elaborates and defends experimental jurisprudence. Experimental jurisprudence, appropriately understood, is (...)
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  2.  32
    Critical Jurisprudence: The Political Philosophy of Justice.Costas Douzinas - 2005 - Hart Publishing.
    Jurisprudence is the prudence of jus, law's consciousness and conscience. Throughout history, when thinkers wanted to contemplate the organisation of society or the relationship between authority and the subject, they turned to law. All great philosophers, from Plato to Hobbes, Kant, Hegel, Marx and Weber had either studied the law or had a deep understanding of legal operations. But jurisprudence is also the conscience of law, the exploration of law's justice and of an ideal law or equity at (...)
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  3.  44
    Jurisprudence: theory and context.Brian Bix - 2015 - Durham, North Carolina: Carolina Academic Press.
    Jurisprudence is aimed at students new to the study of legal philosophy, also offering new ideas and perspectives that will be of interest to established scholars. Bix seeks to explain the often complex and difficult ideas in Jurisprudence clearly, but in a way that avoids distortion of the ideas through over-simplification. As well as introducing the reader to the fundamental themes in legal philosophy, it also describes and comments critically on the writing of the foremost legal theorists. The (...)
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  4.  10
    Postmodern Jurisprudence: The Law of Text in the Texts of Law.Costas Douzinas - 1991 - Routledge.
    This volume of essays traces the history of jurisprudence from classical times, and examines various interpretations of written laws.
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  5.  93
    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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  6.  21
    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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  7.  81
    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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  8.  34
    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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  9.  54
    Jurisprudence: Application and enforcement of law. Analysis of general juristic conceptions.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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  10.  50
    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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  11.  35
    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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  12.  38
    Understanding Jurisprudence: An Introduction to Legal Theory.Raymond Wacks - 2009 - New York, NY: 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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  13.  5
    Introducing jurisprudence of sport to students of law and philosophy. [REVIEW]Miroslav Imbrisevic - 2022 - Idrottsforum.
    The ‘jurisprudence of sport’ is a recent academic subject and still in its infancy. The term ‘jurisprudence of sport’ (JOS) was introduced in 2011 by Mitch Berman, one of the authors of the book. It is both an area of study and a method of study. Sport, understood as a system of rules, as a kind of legal system, is an area of study. Different sports, just like different legal systems, will sometimes present ‘competing’ solutions to a problem. (...)
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  14.  2
    Jurisprudence.Albert Keating - 2011 - Dublin: Round Hall.
    Jurisprudence - Essential Law Texts deals with the two main schools of jurisprudence, which are positivism and naturalism and also off-shoot movements of the positivist school, such as the historical and sociological schools of jurisprudence and of the naturalist school in the form of procedural natural law and the legal enforcement of morality. It explains the concept of a constitution which is basic to any legal system, and clarifies principles of justice and practices at play in the (...)
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  15. The Province of Jurisprudence Determined.John Austin (ed.) - 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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  16.  3
    Basic Jurisprudence and Legal Philosophy.Stephen Offei - 1998 - School of Law, the University of the South Pacific, Ijals.
    Basic jurisprudence and legal philosophy (Laws of the South Pacific series, no. 3) - Pub: University of the South Pacific, Institute of Justice & Applied Legal Studies, Suva.
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  17.  50
    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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  18.  6
    Jurisprudence.Leslie Basil Curzon - 1979 - Cavendish.
    Jurisprudence is a vast, open-ended, and often daunting subject, particularly because of its links with a variety of other disciplines, such as philosophy, sociologyand political science. The answers given in the text explain the nature and significance of these links and seek to unravel their complexity.
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  19.  29
    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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  20.  47
    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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  21.  44
    Virtue Jurisprudence.Colin Farrelly & Lawrence Solum (eds.) - 2007 - Palgrave-Macmillan.
    This book is the first authoritative text on virtue jurisprudence - the belief that the final end of law is not to maximize preference satisfaction or protect certain rights and privileges, but to promote human flourishing. Scholars of law, philosophy and politics illustrate here the value of the virtue ethics tradition to modern legal theory.
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  22.  11
    Jurisprudence.Edgar Bodenheimer - 1940 - London: Mcgraw-Hill Book Company.
    From the reviews of the first edition of Jurisprudence: The Philosophy and Method of the Law (Harvard University Press 1962): A profoundly scholarly, clearly written and thoroughly unpretentious contribution to the literature of jurisprudence.
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  23. 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.
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  24.  2
    Jurisprudence.Reginald Walter Michael Dias - 1976 - Butterworth.
  25.  2
    Jurisprudence.Reginald Walter Michael Dias - 1970 - London: Butterworths.
  26. Jurisprudence.John William Salmond - 1947 - Toronto, the Carswell Company, Limited; [Etc., Etc.].
    Appendices: I. The names of the law.--II. The theory of sovereignty; excursus.--III. The maxims of the law.--IV. The divisions of the law.--V. The territory of the state.--VI. International law.--VII. Authorities.
     
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  27. Jurisprudence, Law, and Ethics: Professional Ethics.Edgar Benton Kinkead - 1905 - F.B. Rothman & Co..
    Discusses primary & elementary principles of law & ethics in the context of jurisprudence. The history of Roman law, common law & American law are discussed as are the distinctions in relation to law & morals between American & English governmental forms.
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  28.  3
    Western Jurisprudence.Tim Murphy (ed.) - 2004 - Thomson Round Hall.
    This edited collection includes chapters by leading jurists on all the main historical and contemporary schools of Western jurisprudence as well as on emerging perspectives such as Critical Race Theory and the influence of psychoanalysis on jurisprudence.
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  29.  4
    Jurisprudence, Legal Philosophy, in a Nutshell.S. Prakash Sinha - 1993 - West Pub. Co..
    Preparation for the Study of Theories of Law: Non-Universality of Law, Irreconcilable Epistemologies, Ideological Incipience; Theories in Metaphysical-Rational Epistemology: Divine and Prophetic Theories; Natural Law: Early Hindu, Chinese, Greek, Roman, and Modern; Theories in Idealist Epistemology; Theories in Empiricist Epistemology; Positivist: Early Hindu, Chinese, Later Bentham, Austin, Kelsen, Hart; Historical Von Savigny, Maine, Marx and Engels; Sociological Jhering, Ehrlich, Duguit, Jurisprudence of Interests, Free Law; Psychological Petrazycki; American Realist; Philosophical Framework; Expressions; Scandinavian Realist; Phenomenological; The Critical Legal Studies and (...)
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  30. 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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  31.  12
    Sociological Jurisprudence and Legal Philosophy: Random Thoughts On.K. B. Agrawal & Rajendra Kumar Raizada (eds.) - 1993 - University Book House.
  32.  5
    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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  33.  3
    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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  34. Political Jurisprudence.Martin Loughlin - 2017 - Oxford University Press.
    A collection of brand new and revised essays from eminent scholar of public law, Martin Loughlin, that systematizes his work on political jurisprudence - a school of thought that contends the key to understanding the nature of legal order lies in how political authority is constituted.
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  35. Jurisprudence.Julia J. A. Shaw - 2014 - Harlow, England: Pearson.
    The nature and scope of jurisprudence -- Rights and justice -- Law and morality -- Classical and modern natural law -- Classical and modern legal positivism -- Legal realism -- Sociological jurisprudence -- Critical legal studies.
     
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  36.  19
    From Jurisprudence to Mechanics: Jacobi, Reech, and Poincaré on Convention.María de Paz - 2018 - Science in Context 31 (2):223-250.
    ArgumentThis paper aims at understanding the concept of convention in mechanics as a notion transferred from the field of jurisprudence. This enables us to clarify it as a new epistemic category having a pertinent role in the transformation of mechanics in the nineteenth century. Such understanding permits a separation from linguistic and arbitrary conventions, thus highlighting its epistemic features and not transforming fundamental principles into mere arbitrary agreements. After addressing the main references in the literature discussing the role of (...)
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  37.  1
    Jurisprudence and Legal Essays.Frederick Pollock - 1961 - Greenwood Press.
    Contains Part I of a First Book of Jurisprudence (1929)and essays from Essays in Jurisprudence and Ethics (1882) and Essays in the Law (1922).
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  38.  55
    Jurisprudence as Practical Philosophy: Gerald J. Postema.Gerald J. Postema - 1998 - Legal Theory 4 (3):329-357.
    Nowhere has H.L.A. Hart's influence on philosophical jurisprudence in the English-speaking world been greater than in the way its fundamental project and method are conceived by its practitioners. Disagreements abound, of course. Philosophers debate the extent to which jurisprudence can or should proceed without appeal to moral or other values. They disagree about which participant perspective—that of the judge, lawyer, citizen, or “bad man”—is primary and about what taking up the participant perspective commits the theorist to. However, virtually (...)
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  39.  17
    Why Jurisprudence Is Not Legal Philosophy.Roger Cotterrell - 2014 - Jurisprudence 5 (1):41-55.
    The aim of this article is to describe and defend jurisprudence as an enterprise of theorising about law that is distinct from what is now understood as legal philosophy in the Anglophone world. Jurisprudence must draw on legal philosophy but also from many other resources. It should be an open quest for juristically significant insights about law. Its purpose is to inform and guide the juristic task of making organised social regulation a valuable practice, rooted and effective in (...)
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  40. Jurisprudence in an African Context.David Bilchitz, Thaddeus Metz & Oritsegbubemi Oyowe - 2017 - Oxford University Press.
    A textbook written mainly for final year law students taking Jurisprudence at an African university, but that would also be of use to those in a political philosophy course. It includes primary sources from both the Western and African philosophical traditions, and addresses these central questions: what is the nature of law?; how should judges interpret the law?; is it possible for judges to be objective when they adjudicate?; how could the law justly allocate liberty and property?; who is (...)
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  41.  18
    Jurisprudence for a Free Society: Studies in Law, Science, and Policy.Harold Lasswell - 1991 - M. Nijhoff.
    Most of the work produced by these scholars together and in collaboration with their students represent applications of their basic theory to a wide assortment ...
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  42.  4
    Jurisprudence: Themes and Concepts.Scott Veitch, Emilios A. Christodoulidis & Lindsay Farmer (eds.) - 2007 - Milton Park, Abingdon, Oxon ; New York, NY: 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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  43.  18
    Jurisprudence: The Philosophy and Method of the Law.Edgar Bodenheimer - 1962 - Harvard University Press.
    Discusses the nature and functions and philosophical foundations of law as well as the central problems of legal method.
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  44.  43
    Jurisprudence.Suri Ratnapala - 2009 - Cambridge University Press.
    Law as it is -- Law and morality -- Social dimensions of law -- Rights and justice.
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  45.  77
    Conceptual Jurisprudence. An Introduction to Conceptual Analysis and Methodology in Legal Theory.Kenneth Einar Himma - 2015 - Revus 26.
    This essay attempts to provide an accessible introduction to the topic area of conceptual analysis of legal concepts and its methodology. I attempt to explain, at a fairly foundational level, what conceptual analysis is, how it is done and why it is important in theorizing about the law. I also attempt to explain how conceptual analysis is related to other areas in philosophy, such as metaphysics and epistemology. Next, I explain the enterprise of conceptual jurisprudence, as concerned to provide (...)
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  46. Modern Jurisprudence: A Philosophical Guide.Sean Coyle - 2014 - New York: Hart.
    This textbook presents a clear exploration of the historical developments and ideas that give modern thinking its distinctive shape. It guides students through the rival standpoints on jurisprudence from the origins of Western jurisprudential thought and the classical tradition to the emergence of 'modern' political thought. Chapters on Hart, Fuller, Rawls, Dworkin and Finnis lead the reader systematically through the terrain of modern legal philosophy, tracing the issues back to fundamental questions of philosophy, and indicating lines of criticism that (...)
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  47.  2
    The Jurisprudence of the Iran-United States Claims Tribunal.George H. Aldrich - 1996 - Oxford University Press UK.
    The Iran-United States Claims Tribunal is the most important source of international arbitral decisions for at least the past half century, and its decisions have contributed significantly to the development of international law and the law of international commercial transactions. Judge Aldrich, who is the only member of the Tribunal to have served since its inception in 1981, has written what will be recognised as the definitive book about the jurisprudence of the Tribunal. The book seeks to preserve and (...)
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  48.  16
    Jurisprudence: Texts and Commentary.Howard Davies & David Holdcroft - 1991 - Lexis.
    Features collected extracts from key texts in jurisprudence, with commentary. These discuss the nature of law, and modern attempts to find an acceptable theory of justice. The book is intended for students of law.
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  49. Jurisprudence.Venkata Subbarao & C. G. - 1964 - [Delhi, Ch. Ramakrishnarao].
     
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  50.  6
    Jurisprudence, Text and Readings on the Philosophy of Law.George C. Christie - 1973 - West Pub. Co..
    This book is designed for use in courses in law schools and university departments of philosophy. It can serve as a text for basic and advanced courses and seminars. Readings include excerpts of classic works of Aristotle, Aquinas, Locke, Hobbes, Kant, Bentham, and Austin. Provided also are excerpts from standard works of twentieth century philosophers. The book explores current legal discourse with readings on topics such as sociobiology, Islamic law, the legal process school, legal feminism, critical legal studies, intersectionality and (...)
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