Results for 'Law Philosophy'

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  1.  39
    The “War” Between Natural Law Philosophy and Legal Positivism.Norman E. Bowie - 1974 - Idealistic Studies 4 (2):145-155.
    The war between natural law philosophy and legal positivism is an ancient one. For a time the stunning victories of Bentham and Austin virtually drove the forces of natural law from the battlefield. However, upon the collapse of Germany and Japan at the end of the Second World War, natural law became a useful tool in attempting to resolve the practical difficulties of trying war criminals. This fact and the rise of two able antagonistic generals, H. L. A. Hart (...)
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  2.  4
    The “War” Between Natural Law Philosophy and Legal Positivism.Norman E. Bowie - 1974 - Idealistic Studies 4 (2):145-155.
    The war between natural law philosophy and legal positivism is an ancient one. For a time the stunning victories of Bentham and Austin virtually drove the forces of natural law from the battlefield. However, upon the collapse of Germany and Japan at the end of the Second World War, natural law became a useful tool in attempting to resolve the practical difficulties of trying war criminals. This fact and the rise of two able antagonistic generals, H. L. A. Hart (...)
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  3.  27
    Private Law, Analytical Philosophy and the Modern Value of Wesley Newcomb Hohfeld: A Centennial Appraisal.Kit Barker - 2018 - Oxford Journal of Legal Studies.
    Hohfeld is one of the best-known analytical philosophers to have written in the area of private law in western, common law legal systems in the twentieth century, but it is sometimes suggested that his scheme has had little impact on the law. One hundred years after his death, this article assesses the man and the impact of his work, noting a resurgence of interest in him amongst both commentators and courts. It suggests that there are two good reasons why his (...)
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  4.  39
    Mourning Becomes the Law: Philosophy and Representation.Gillian Rose - 1996 - Cambridge University Press.
    In Mourning Becomes the Law, Gillian Rose takes us beyond the impasse of post-modernism or 'despairing rationalism withour reason'. Arguing that the post-modern search for a 'new ethics' and ironic philosophy are incoherent, she breathes new life into the debates concerning power and domination, transcendence and eternity. Mourning Becomes the Law is the philosophical counterpart to Gillian Rose's highly acclaimed memoir Love's Work. She extends similar clarity and insight to discussions of architecture, cinema, painting and poetry, through which relations (...)
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  5.  7
    The Philosophy of Law: An Introduction.William H. Wilcox - 1982 - Philosophical Review 91 (4):648-651.
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  6.  26
    Law and Disagreement.Arthur Ripstein & Jeremy Waldron - 2001 - Philosophical Review 110 (4):611.
    The most obvious way of settling disagreements peacefully is to take a vote. Yet, as Jeremy Waldron points out, the attitudes of philosophers and political theorists towards majority voting have ranged from indifference to hostility. Piled on top of all this scorn for legislation comes further scorn from social choice theorists, who insist that majority rule is useless as a means of making decisions.
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  7. Law and Philosophy in the Late Roman Republic.René Brouwer - 2021 - Cambridge University Press.
    The middle of the second until the middle of the first century BCE is one of the most creative periods in the history of human thought, and an important part of this was the interaction between Roman jurists and Hellenistic philosophers. In this highly original book, René Brouwer shows how jurists transformed the study of law into a science with the help of philosophical methods and concepts, such as division, rules and persons, and also how philosophers came to share the (...)
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  8.  21
    Law, Fossils, and the Configuring of Hegel’s Philosophy of Nature.Michael H. Hoffheimer - 1995 - Idealistic Studies 25 (2):155-173.
    This paper will draw on Hegel’s writings in Jena from 1801 to 1804, especially the fragments for a philosophy of nature from 1803-04, to explore his sustained concern with the proper configuration of a system of nature. Hegel’s earliest treatment of nature sheds light on the role of nature in the system he published over a decade later. Moreover, the earliest system illuminates two problems posed by his later philosophy of nature-the relationship of nature and spirit, and the (...)
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  9.  20
    The Economy of the Earth: Philosophy, Law, and the Environment.Lawrence H. Simon - 1991 - Philosophical Review 100 (4):684-687.
    Mark Sagoff draws on the last twenty years of debate over the foundations of environmentalism in this comprehensive revision of The Economy of the Earth. Posing questions pertinent to consumption, cost-benefit analysis, the normative implications of neo-Darwinism, the role of the natural in national history, and the centrality of the concept of place in environmental ethics, he analyses social policy in relation to the environment, pollution, the workplace, and public safely and health. Sagoff distinguishes ethical from economic questions and explains (...)
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  10. Natural Law in Science and Philosophy.Emile Boutroux & Fred Rothwell - 1914 - D. Nutt.
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  11.  13
    Criminal Law, Philosophy and Public Health Practice.A. M. Viens, John Coggon & Anthony S. Kessel (eds.) - 2013 - Cambridge University Press.
    The goal of improving public health involves the use of different tools, with the law being one way to influence the activities of institutions and individuals. Of the regulatory mechanisms afforded by law to achieve this end, criminal law remains a perennial mechanism to delimit the scope of individual and group conduct. However, criminal law may promote or hinder public health goals, and its use raises a number of complex questions that merit exploration. This examination of the interface between criminal (...)
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  12.  53
    Complicity: Ethics and Law for a Collective Age.Larry May - 2002 - Philosophical Review 111 (3):483-486.
    Christopher Kutz has written an excellent book: part metaphysics, part ethical theory, and part legal philosophy. The aim of the book, as is clear from the title, is to examine and defend the idea of complicity, that is, the responsibility of individuals for their participation in collective harms. While there has not been a lot of philosophical work on this topic, there has been some good work, and Kutz is responsive to most of it. But basically, this book strikes (...)
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  13.  29
    Semiotics in the Philosophy of Law: The Skeptical Contribution of Pyrrhonism to Epistemological and Ethical Relativism.João Maurício Adeodato - 2004 - American Journal of Semiotics 20 (1/4):67-91.
    This text aims at pointing out some of the philosophy of law present in the works of the Hellenist philosopher and physician Sextus Empiricus, and supports two main theses: the first, based on an epistemological point of view, presupposes that exact knowledge of the world — that is, an entirely adequate relationship between the mind of each human being and the events around — is not possible, which insurmountably renders all perception relative. The second thesis, from an axiological point (...)
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  14. Law, Justice and the State Nordic Perspectives : Proceedings of the 16th World Congress of the International Association for Philosophy of Law and Social Philosophy , Reykjavík, 26 May-2 June, 1993. [REVIEW]Mikael M. International Association for Philosophy of Law and Social Philosophy, Karlsson & Ólafur Páll Jónsson - 1995
     
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  15.  15
    Law and Objectivity.H. A. Bedau - 1994 - Philosophical Review 103 (3):551-553.
    In modern times the idea of the objectivity of law has been undermined by skepticism about legal institutions, disbelief in ideals of unbiased evaluation, and a conviction that language is indeterminate. Greenawalt here considers the validity of such skepticism, examining such questions as: whether the law as it exists provides determinate answers to legal problems; whether the law should treat people in an "objective way," according to abstract rules, general categories, and external consequences; and how far the law is anchored (...)
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  16. Law, Philosophy and Responsibility: The Roman Ingarden Contribution.Michal Peno - manuscript
    This text is a kind of sketch and presents some simple ideas. The aim of this article is to carry out a critical and reflexive analysis of Roman Ingarden's philosophy of responsibility. Being a member of the phenomenological current, Ingarden mainly studied the ontological bases or conditions of responsibility by identifying different situations of responsibility. In this paper situations of responsibility have been analysed in the semantic contexts in which the word "responsibility" appears. Legally, the prescriptive contexts of using (...)
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  17. Criminal Law, Philosophy, and Psychology : Working at the Cross-Roads.Thomas Nadelhoffer - 2011 - In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law. Oxford University Press.
     
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  18. Law, Philosophy and Imitatio Dei in Maimonides.Ws Wurzburger - 1987 - Aquinas 30 (1):27-39.
     
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  19.  25
    The Natural Law Philosophy of Mencius.Paul K. T. Sih - 1957 - New Scholasticism 31 (3):317-337.
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  20.  8
    Methodologies of Rule of Law Research: Why Legal Philosophy Needs Empirical and Doctrinal Scholarship.Sanne Taekema - 2021 - Law and Philosophy 40 (1):33-66.
    Rule of law is a concept that is regularly debated by legal philosophers, often in connection to discussion of the concept of law. In this article, the focus is not on the substance of the conceptual claims, but on the methodologies employed by legal philosophers, investigating seminal articles on the rule of law by Joseph Raz and Jeremy Waldron. I argue that their philosophical argumentations often crucially depend on empirical or legal doctrinal arguments. However, these arguments remain underdeveloped. I explore (...)
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  21.  72
    The Philosophy of Criminal Law: Selected Essays.Douglas Husak - 2010 - Oxford University Press.
    Does criminal liability require an act? -- Motive and criminal liability -- The costs to criminal theory of supposing that intentions are irrelevant to permissibility -- Transferred intent -- The nature and justifiability of nonconsummate offenses -- Strict liability, justice, and proportionality -- The sequential principle of relative culpability -- Willful ignorance, knowledge, and the equal culpability thesis : a study of the significance of the principle of legality -- Rapes without rapists : consent and reasonable mistake -- Mistake of (...)
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  22.  12
    Law, Bioethics and Practice in France: Forging a New Legislative Pact. [REVIEW]Denis Berthiau - 2013 - Medicine, Health Care and Philosophy 16 (1):105-113.
    In France, bioethics norms have emerged in close interaction with medical practices. The first bioethics laws were adopted in 1994, with provisions for updates in 2004 and most recently, in 2011. As in other countries, bioethics laws indirectly refer to certain fundamental values. The purpose of this paper is threefold. First, I shall briefly describe the construction of the French bioethics laws and the values they are meant to protect. Secondly, I will show that the practice of clinical ethics, as (...)
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  23. An Introduction to the Philosophy of Law by Roscoe Pound. --.Roscoe Pound - 1922 - Yale University Press.
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  24. A Philosophy of International Law.Fernando R. Tesón - 1998 - Westview Press.
    Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, and they (...)
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  25.  33
    On the Suspension of Law and the Total Transformation of Labour: Reflections on the Philosophy of History in Walter Benjamin’s ‘Critique of Violence’.Duy Lap Nguyen - 2015 - Thesis Eleven 130 (1):96-116.
    This paper argues for the contemporary significance of the ‘Critique of Violence’ by proposing a Benjaminian reading of two important analyses of the relationship between history, politics and the Rights of Man: Hegel’s account of the French Revolution and the concept of dissensus proposed by Jacques Rancière. For both Hegel and Rancière, the gap between right and reality – between the ideal of equality, for example, and the existence of concrete inequality – does not warrant a rejection of the Rights (...)
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  26.  8
    On the Suspension of Law and the Total Transformation of Labour: Reflections on the Philosophy of History in Walter Benjamin’s ‘Critique of Violence’.Duy Lap Nguyen - 2015 - Thesis Eleven 130 (1):96-116.
    This paper argues for the contemporary significance of the ‘Critique of Violence’ by proposing a Benjaminian reading of two important analyses of the relationship between history, politics and the Rights of Man: Hegel’s account of the French Revolution and the concept of dissensus proposed by Jacques Rancière. For both Hegel and Rancière, the gap between right and reality – between the ideal of equality, for example, and the existence of concrete inequality – does not warrant a rejection of the Rights (...)
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  27. Law and the Future of Society a Selection of Papers Presented to the Extraordinary World Congress of the Internat. Assoc. For Philosophy of Law and Social Philosophy , Held in Sydney and Canberra, Australia, on 14-21 August, 1977. [REVIEW]F. C. Hutley & International Association for Philosophy of Law and Social Philosophy - 1979
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  28. The Philosophy of International Law.Samantha Besson & John Tasioulas (eds.) - 2010 - Oxford University Press.
    The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, ...
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  29.  76
    Natural Law and Moral Philosophy: From Grotius to the Scottish Enlightenment.Knud Haakonssen - 1996 - Cambridge University Press.
    This major contribution to the history of philosophy provides the most comprehensive guide to modern natural law theory available, sets out the full background to liberal ideas of rights and contractarianism, and offers an extensive study of the Scottish Enlightenment. The time span covered is considerable: from the natural law theories of Grotius and Suarez in the early seventeenth century to the American Revolution and the beginnings of utilitarianism. After a detailed survey of modern natural law theory, the book (...)
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  30. Contributions to Law, Philosophy and Ecology: Exploring Re-Embodiments.Ruth Thomas-Pellicer, Vito De Lucia & Sian Sullivan (eds.) - 2016 - Routledge.
    _Contributions to Law, Philosophy and Ecology: Exploring Re-Embodiments_ is a preliminary contribution to the establishment of re-embodiments as a theoretical strand within legal and ecological theory and philosophy. Re-embodiments are all those contemporary practices and processes that exceed the epistemic horizon of modernity. As such, they offer a plurality of alternative modes of theory and practice that seek to counteract the ecocidal tendencies of the Anthropocene. The collection is comprised of eleven contributions approaching re-embodiments from a multiplicity of (...)
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  31.  38
    Philosophy of Criminal Law.Douglas Husak - 1987 - Rowman & Littlefield.
    This volume collects 17 of Douglas Husak's influential essays in criminal law theory. The essays span Husak's original and provocative contributions to the central topics in the field, including the grounds of criminal liability, relative culpability, the role of defences, and the justification of punishment. The volume includes an extended introduction by the author, drawing together the themes of his work, and exploring the goals of criminal theory.
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  32. Law and Disagreement.Jeremy Waldron - 1998 - Oxford University Press.
    Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle.
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  33. The Philosophy of Law.Ronald M. Dworkin (ed.) - 1977 - Oxford University Press.
    Echoing the debate about the nature of law that has dominated legal philosophy for several decades, this volume includes essays on the nature of law and on law not as it is but as it should be. Wherever possible, essays have been chosen that have provoked direct responses from other legal philosophers, and in two cases these responses are included. Contributors include H.L.A. Hart, R.M. Dworkin, Lord Patrick Devlin, John Rawls, J.J. Thomson, J. Finnis, and T.M. Scanlon.
     
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  34. Law's Meaning of Life: Philosophy, Religion, Darwin, and the Legal Person.Ngaire Naffine - 2009 - Hart.
  35. A Philosophy of Evidence Law: Justice in the Search for Truth.H. L. Ho - 2008 - Oxford University Press.
    This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.
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  36.  37
    Mourning Becomes the Law: Philosophy and Representation. [REVIEW]David Sherman - 1999 - Dialogue 38 (2):458-460.
    Adorning the cover of Mourning Becomes the Law is a replica of Gathering the Ashes of Phocion, a painting by Nicholas Poussin. An Athenian beyond reproach, Phocion had been put to death by tyrants who had taken control of the city, his ashes left on the pyre. In the darkened foreground, Phocion’s wife gathers her husband’s ashes on her hands and knees while her female attendant shields her from the view of the city, which rises up behind them. With its (...)
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  37. Recht, Gerechtigkeit Und der Staat Studien Zu Gerechtigkeit, Demokratie, Nationalität, Nationalen Staaten Und Supranationalen Staaten Aus der Perspektive der Rechtstheorie, der Sozialphilosophie Und der Sozialwissenschaften = Law, Justice, and the State : Studies in Justice, Democracy, Nationality, National States, and Supra-National States From the Standpoints of Legal Theory, Social Philosophy, and Social Science.World Congress on Philosophy of Law and Social Philosophy, Mikael M. Karlsson, Ólafur Páll Jónsson & Eyja Margrét Brynjarsdóttir - 1997
     
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  38. Residues of Justice: Literature, Law, Philosophy.Wai Chee Dimock - 1996 - University of California Press.
    In this arresting book, Wai Chee Dimock takes on the philosophical tradition from Kant to Rawls, challenging its conception of justice as foundational, self-evident, and all-encompassing. The idea of justice is based on the premise that the world can be resolved into commensurate terms: punishment equal to the crime, redress equal to the injury, benefit equal to the desert. Dimock focuses, however, on what remains unexhausted, unrecovered, and noncorresponding in the exercise of justice. To honor these "residues," she turns to (...)
     
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  39. Residues of Justice: Literature, Law, Philosophy.Wai Chee Dimock - 1996 - University of California Press.
    In this arresting book, Wai Chee Dimock takes on the philosophical tradition from Kant to Rawls, challenging its conception of justice as foundational, self-evident, and all-encompassing. The idea of justice is based on the premise that the world can be resolved into commensurate terms: punishment equal to the crime, redress equal to the injury, benefit equal to the desert. Dimock focuses, however, on what remains unexhausted, unrecovered, and noncorresponding in the exercise of justice. To honor these "residues," she turns to (...)
     
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  40. The Concept of Law.Hla Hart - 1961 - Oxford University Press.
    The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and (...)
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  41. Philosophy of Law.Joel Feinberg & Hyman Gross (eds.) - 1975 - Dickenson Pub. Co..
  42. Natural Law and Natural Rights.John Finnis - 1979 - Oxford University Press.
    This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to ...
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  43.  66
    The Law Governed Universe.John T. Roberts - 2008 - Oxford University Press.
    The law-governed world-picture -- A remarkable idea about the way the universe is cosmos and compulsion -- The laws as the cosmic order : the best-system approach -- The three ways : no-laws, non-governing-laws, governing-laws -- Work that laws do in science -- An important difference between the laws of nature and the cosmic order -- The picture in four theses -- The strategy of this book -- The meta-theoretic conception of laws -- The measurability approach to laws -- What (...)
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  44. Law, Rights and Discourse: The Legal Philosophy of Robert Alexy.George Pavlakos & Robert Alexy (eds.) - 2007 - Hart.
     
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  45.  19
    Torture, Necessity, and the Union of Law & Philosophy.Kimberly Kessler Ferzan - manuscript
    This brief essay critiques the torture memoranda's use of the necessity defense from the perspectives of criminal law doctrine, criminal law theory, and moral philosophy.
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  46.  94
    Philosophy of Law: An Introduction.Mark Tebbit - 2000 - Routledge.
    __ _Philosophy of Law: An Introduction_ provides an ideal starting point for students of philosophy and law. Setting it clearly against the historical background, Mark Tebbit quickly leads readers into the heart of the philosophical questions that dominate philosophy of law today. He provides an exceptionally wide-ranging overview of the contending theories that have sought to resolve these problems. He does so without assuming prior knowledge either of philosophy or law on the part of the reader. The (...)
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  47.  34
    Philosophy of Law.John Finnis - 2011 - Oxford University Press.
    This volume of his Collected Essays shows the full range and power of his contributions to the philosophy of law.
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  48. Mourning Becomes the Law: Philosophy and Representation, by Gillian Rose. [REVIEW]Kimberly Hutchings - 1997 - Women’s Philosophy Review 17:39-40.
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  49.  27
    Philosophy of Private Law.William Lucy - 2007 - Oxford University Press.
    In what, if any sense are our torts and our breaches of contract 'wrongs'? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement and this book provides both an outline of, and intervention in, contemporary jurisprudential debates about the nature and foundation of liability in private law.
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  50. Elements of Natural Law Philosophy.Jerome Hall - 1964 - In Sidney Hook (ed.), Law and Philosophy. New York University Press.
     
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