Results for 'Law Philosophy'

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  1. 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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  2. 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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  3. 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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  4. Retributivism and its Critics Canadian Section of the International Society for Philosophy of Law and Social Philosophy : Papers of the Special Nordic Conference Held at the University of Toronto, 25-27 June 1990. [REVIEW]Wesley Cragg & International Society for Philosophy of Law and Social Philosophy - 1992
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  5. The Part of Philosophy in International Law.Roscoe Pound & International Congress of Philosophy - 1927 - [Longmans, Green and Co.].
     
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  6. Act and Crime: The Philosophy of Action and its Implications for Criminal Law.Michael S. Moore - 1993 - Oxford University Press.
    This work provides, for the first time, a unified account of the theory of action presupposed by both British and American criminal law and its underlying morality. It defends the view that human actions are volitionally caused body movements. This theory illuminates three major problems in drafting and implementing criminal law--what the voluntary act requirement does and should require, what complex descriptions of actions prohibited by criminal codes both do and should require, and when the two actions are the "same" (...)
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  7.  68
    Naturalism in Epistemology and the Philosophy of Law.Mark Greenberg - 2011 - Law and Philosophy 30 (4):419-451.
    In this paper, I challenge an influential understanding of naturalization according to which work on traditional problems in the philosophy of law should be replaced with sociological or psychological explanations of how judges decide cases. W.V. Quine famously proposed the ‘naturalization of epistemology’. In a prominent series of papers and a book, Brian Leiter has raised the intriguing idea that Quine’s naturalization of epistemology is a useful model for philosophy of law. I examine Quine’s naturalization of epistemology and (...)
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  8.  48
    The Boundaries of Law and the Purpose of Legal Philosophy.Danny Priel - 2008 - Law and Philosophy 27 (6):643 - 695.
    Many of the current debates in jurisprudence focus on articulating the boundaries of law. In this essay I challenge this approach on two separate grounds. I first argue that if such debates are to be about law, their purported subject, they ought to pay closer attention to the practice. When such attention is taken it turns out that most of the debates on the boundaries of law are probably indeterminate. I show this in particular with regard to the debate between (...)
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  9.  60
    Concerted Practices and the Presence of Obligations: Joint Action in Competition Law and Social Philosophy[REVIEW]Maksymilian Del Mar - 2011 - Law and Philosophy 30 (1):105 - 140.
    This paper considers whether, and if so how, the modelling of joint action in social philosophy – principally in the work of Margaret Gilbert and Michael Bratman – might assist in understanding and applying the concept of concerted practices in European competition law. More specifically, the paper focuses on a well-known difficulty in the application of that concept, namely, distinguishing between concerted practice and rational or intelligent adaptation in oligopolistic markets. The paper argues that although Bratman's model of joint (...)
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  10.  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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  11. 20th-Century Bulgarian Philosophy of Law: From Critical Acceptance of Kant’s Ideas to the Logic of Legal Reasoning.Vihren Bouzov - 2016 - In Enrico Pattaro & C. Roversi (eds.), A Treatise of Legal Philosophy and General Jurisprudence. V.12 (1), Legal Philosophy in the Twentieth Century: The Civil Law World. pp. 681-690.
    My analysis here is an attempt to bring out the main through-line in the development of Bulgarian philosophy of law today. A proper account of Bulgarian philosophy of law in the 20th century requires an attempt to find, on the one hand, a solution to epistemological and methodological problems in law and, on the other, a clear-cut influence of the Kantian critical tradition. Bulgarian philosophy of law follows a complicated path, ranging from acceptance and revision of Kantian (...)
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  12. Review of Douglas Husak, Philosophy of Criminal Law: Selected Essays. [REVIEW]Andrew Botterell - 2013 - University of Toronto Law Journal 63 (1):152-158.
    A review of Douglas Husak, Philosophy of Criminal Law: Selected Essays (Oxford University Press, 2010).
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  13. 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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  14. 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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  15.  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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  16.  55
    A Companion to Philosophy of Law and Legal Theory.Dennis M. Patterson (ed.) - 1996 - Blackwell.
    The articles in this new edition of A Companion to Philosophy of Law and Legal Theory have been updated throughout, and the addition of ten new articles ensures ...
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  17.  53
    Implications of Indeterminacy: Naturalism in Epistemology and the Philosophy of Law II. [REVIEW]Mark Greenberg - 2011 - Law and Philosophy 30 (4):453-476.
    In a circulated but heretofore unpublished 2001 paper, I argued that Leiter’s analogy to Quine’s “naturalization of epistemology” does not do the philosophical work Leiter suggests. I revisit the issues in this new essay. I first show that Leiter’s replies to my arguments fail. Most significantly, if – contrary to the genuinely naturalistic reading of Quine that I advanced – Quine is understood as claiming that we have no vantage point from which to address whether belief in scientific theories is (...)
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  18.  55
    Rights, Culture, and the Law: Themes From the Legal and Political Philosophy of Joseph Raz.Lukas H. Meyer, Stanley L. Paulson & Thomas Winfried Menko Pogge (eds.) - 2003 - Oxford University Press.
    The volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: Legal positivism and the nature of law, practical reason, authority, the value of equality, incommensurability, harm, group rights, and multiculturalism.
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  19. 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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  20.  88
    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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  21.  16
    The Routledge Companion to Philosophy of Law.Andrei Marmor (ed.) - 2011 - Routledge.
    _The Routledge Companion to the Philosophy of Law_ provides a comprehensive, non-technical philosophical treatment of the fundamental questions about the nature of law. Its coverage includes law’s relation to morality and the moral obligations to obey the law, the main philosophical debates about particular legal areas such as criminal responsibility, property, contracts, family law, law and justice in the international domain, legal paternalism and the rule of law. The entirely new content has been written specifically for newcomers to the (...)
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  22. 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, controversial, (...)
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  23.  17
    Thinking Without Desire: A First Philosophy of Law.Panu Minkkinen - 1999 - Hart.
    The response developed in this book is the creation of a metaphysical understanding of law or, in other words, what Aristotle called a 'first philosophy'.
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  24. Kant and the Law of Peace: A Study in the Philosophy of International Law and International Relations.Charles Covell - 1998 - St. Martin's Press.
    Charles Covell examines the jurisprudential aspects of Kant's international thought, with particular reference to the argument of the treatise Perpetual Peace (1795). The book begins with a general outline of Kant's moral and political philosophy. In the discussion of Perpetual Peace that follows, it is explained how Kant saw law as providing the basis for peace among men and states in the international sphere, and how, in his exposition of the elements of the law of peace, Kant broke with (...)
     
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  25.  75
    Philosophy and the Criminal Law: Principle and Critique.Antony Duff (ed.) - 1998 - Cambridge University Press.
    Five pre-eminent legal theorists tackle a range of fundamental questions on the nature of the philosophy of criminal law. Their essays explore the extent to which and the ways in which our systems of criminal law can be seen as rational and principled. The essays discuss some of the principles by which, it is often thought, a system of law should be structured, and they ask whether our own systems are genuinely principled or riven by basic contradictions, reflecting deeper (...)
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  26.  26
    Law: Key Concepts in Philosophy.David Ingram - 2006 - Continuum.
    Clear, concise and comprehensive, this is the ideal introduction to the philosophy of law for those studying it for the first time.
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  27.  74
    Philosophy of Law: A Very Short Introduction.Raymond Wacks - 2006 - Oxford University Press.
    This lively and accessible introduction to the social, moral, and cultural foundations of law takes a broad scope-- spanning philosophy, law, politics, and economics, and discussing a range of topics including women's rights, racism, the environment, and recent international issues such as the war in Iraq and the treatment of terror suspects. Revealing the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, Raymond Wacks explores the notion of law and its role in our lives. Referring (...)
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  28. Philosophy in the (Gender and the Law) Classroom.Laura D'Olimpio - 2017 - Analytic Teaching and Philosophical Praxis 38 (1):1-16.
    This article reflects on the ‘Philosophy and Gender’ project, which introduced the pedagogical technique known as the ‘Community of Inquiry’ into an undergraduate Gender and the Law course at the University of Western Australia. The Community of Inquiry is a pedagogy developed by Matthew Lipman in the discipline of Philosophy that facilitates collaborative and democratic philosophical thinking in the context of teaching philosophy in schools. Our project was to see if this pedagogy could advance two objectives in (...)
     
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  29.  66
    Thirty Years of Law and Philosophy.Douglas Husak - 2011 - Law and Philosophy 30 (2):141-142.
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  30.  50
    Philosophy of Law.Brian Bix (ed.) - 2006 - Routledge.
    Edited by a leading scholar in the field, Philosophy of Law is a new title in the Routledge Major Works series Critical Concepts in Philosophy . It is a four-volume collection of canonical and cutting-edge research and covers a significant range of topics in the field. The first two volumes of the collection are devoted primarily to analytical legal theory—in particular, theories about the nature of law. This is the idea of legal philosophy most familiar to jurisprudential (...)
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  31. Radical Philosophy of Law: Contemporary Challenges to Mainstream Legal Theory and Practice.David Stanley Caudill & Steven Jay Gold (eds.) - 1995 - Humanities Press.
    Radical Philosophy of Law represents a cross section of contemporary critiques of the legal establishment—its theoretical foundations and its institutions and processes. Recognizing that proposals for alternatives to mainstream legal theory and practice do not belong to any single discipline, Caudill and Gold select essays by scholars in philosophy, sociology, criminology, and political theory, in addition to law professors and practitioners. Recognizing, as well, that no single perspective dominates radical legal theory, the essays exemplify the approaches associated with (...)
     
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  32.  35
    Readings in the Philosophy of Law.Jules L. Coleman (ed.) - 1999 - Garland.
    An extraordinary collection of the finest essays in the core areas of legal philosophy, Readings in Philosophy of Law is a perfect introduction to the breadth of issues covered in the philosophy of law. The essays are all classic papers chosen as much for their clarity of thought and comprehensiveness as for their distinctiveness and importance to the subject matters of legal philosophy. This collection is ideal for the professional as well as the student, as it (...)
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  33. The Oxford Handbook of the Philosophy of the Criminal Law.John Deigh & David Dolinko (eds.) - 2011 - Oxford University Press.
    This is the first comprehensive handbook in the philosophy of criminal law. It contains seventeen original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation, responsibility, justification and excuse, duress, provocation and self-defense, insanity, punishment, the death penalty, mercy, and preventive detention and other alternatives to punishment. It will be an invaluable resource for scholars and students whose research (...)
     
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  34. Philosophy of Law: Collected Essays Volume Iv.John Finnis - 2011 - Oxford University Press.
    John Finnis has been a central figure in the development of legal philosophy over the past half-century. This volume of his Collected Essays shows the full range and power of his contributions to core problems in the philosophy of law: the foundations of law's authority; legal reasoning; constitutional theory; and the logic of law-making.
     
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  35. Law and Philosophy.Michael Freeman & Ross Harrison (eds.) - 2007 - Oxford University Press.
    Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at University College London. Each year, leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloqium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. (...)
     
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  36.  30
    Reason, Morality, and Law: The Philosophy of John Finnis.John Keown & Robert P. George (eds.) - 2013 - Oxford University Press.
    John Finnis is a pre-eminent legal, moral and political philosopher. This volume contains over 25 essays by leading international scholars of philosophy and law who critically engage with issues at the heart of Finnis's work.
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  37. Philosophy of Law: Classic and Contemporary Readings.Larry May & Jeff Brown (eds.) - 2009 - Wiley-Blackwell.
    Cottingham : Western philosophy : an anthology (second edition) -- Cahoone : from modernism to postmodernism : an anthology (expanded -- Second edition) -- Lafollette : ethics in practice : an anthology (third edition) -- Goodin and Pettit: contemporary political philosophy: an anthology (second -- Edition) -- Eze: african philosophy : an anthology -- McNeill and Feldman : continental philosophy : an anthology -- Kim and Sosa : metaphysics : an anthology -- Lycan and Prinz : (...)
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  38.  33
    On Philosophy in American Law.Francis J. Mootz (ed.) - 2009 - Cambridge University Press.
    Karl Llewellyn and the course of philosophy in American law -- Philosophical perspectives on law -- Areas of philosophy and their relationship to law -- Philosophical examinations of legal issues -- Law, rhetoric, and practice theory -- Commentaries-- Questioning the relationship between philosophy and American Law.
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  39. Philosophy of Law and Legal Theory: An Anthology.Dennis Patterson (ed.) - 2003 - Wiley-Blackwell.
    This carefully selected set of readings presents some of the most important articles in the field. The collection is essential reading for anyone with an interest in legal philosophy. Gathers together some of the most important articles in the field of philosophy of law and legal theory. Complements Dennis Patterson's _A Companion to Philosophy of Law and Legal Theory_. Represents essential reading for the beginning law student.
     
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  40. The Nature and Process of Law: An Introduction to Legal Philosophy.Patricia Smith (ed.) - 1993 - Oxford University Press.
    Unlike other works in philosophy of law, which focus on the nature of law in the abstract, this comprehensive anthology presents law as a "process," part and parcel of a system of government and defined constitutional procedures. Using the U.S. legal system as a model, it establishes the basis of law in political theory, then presents substantive issues in private and public law, illustrated throughout with important political documents and court cases and stimulating readings in history, law, and (...). The editor's detailed critical commentary, notes, and study questions make these materials accessible and useful for a wide range of readers seeking a deeper understanding of private and public law and the nature of the political process. (shrink)
     
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  41. Introduction to the Philosophy of Law: Readings and Cases.Jefferson White & Dennis Patterson (eds.) - 1998 - Oxford University Press USA.
    Introduction to the Philosophy of Law: Readings and Cases employs a combination of case-based and theory-based materials to show novices in the field how the philosophy of law is related to concrete and actual legal practice. Ideal for undergraduates, it engages their curiosity about the law without sacrificing philosophical content. The authors emphasize a command of legal concepts and doctrine as a prelude to philosophical analysis. Designed to acquaint students with the fundamentals of jurisprudence and legal theory, Part (...)
     
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  42.  8
    The Limits of Law and Morality: A Perspective From the Krausist Philosophy of Law.Delia María Manzanero Fernández - 2019 - Las Torres de Lucca. International Journal of Political Philosophy 8 (14):135-158.
    In this article we present a dissertation on the limits of law and morality, a topic of supreme importance for the Philosophy of Law and the real cape horn or the storms of Science and Legal Philosophy, where so many systems, when trying to overcome it and perhaps save the previous ones, have been shipwrecked. Our aim is to expose the historical development of this relationship from ancient, medieval and modern age, to give an account of how the (...)
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  43.  33
    Visibility and Invisibility of Animals in Traditional Chinese Philosophy and Law.Deborah Cao - 2011 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 24 (3):351-367.
    There is yet to be any animal welfare or protection law for domestic animals in China, one of the few countries in the world today that do not have such laws. However, in Chinese imperial law, there were legal provisions adopted more than a 1,000 years ago for the care and treatment of domestic working animals. Furthermore, in traditional Chinese philosophy, animals were regarded as constituent part of the organic whole of the cosmos by ancient Chinese philosophers who saw (...)
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  44.  64
    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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  45.  77
    Offences and Defences: Selected Essays in the Philosophy of Criminal Law.John Gardner - 2007 - Oxford University Press.
    The wrongness of rape -- Rationality and the rule of law in offences against the person -- Complicity and causality -- In defence of defences -- Justifications and reasons -- The gist of excuses -- Fletcher on offences and defences -- Provocation and pluralism -- The mark of responsibility -- The functions and justifications of criminal law and punishment -- Crime : in proportion and in perspective -- Reply to critics.
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  46. Philosophy and International Law: Reflections on Interdisciplinary Research Into Terrorism.Anna Goppel & Anne Schwenkenbecher - 2012 - Ancilla Iuris 111.
    This essay investigates the possibilities and limits of interdisciplinary research into terrorism. It is shown that approaches that combine philosophy and international law are necessary, and when such an approach needs to be adopted. However, it is also important not to underestimate how much of a challenge is posed by the absence of agreement concerning the definition of terrorism, and also by the structural differences in the way the two disciplines address the problem and formulate the issues. Not least, (...)
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  47.  64
    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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  48.  52
    Introduction: Law and Philosophy—Moral, Legal and Political Perspectives.Massimo Renzo & Bjarke Viskum - 2008 - Res Publica 14 (4):237-239.
    Introduction: Law and Philosophy—Moral, Legal and Political Perspectives Content Type Journal Article Pages 237-239 DOI 10.1007/s11158-008-9068-9 Authors Massimo Renzo, University of Stirling Department of Philosophy Stirling 4LA FK9 UK Bjarke Viskum, University of Århus Department of Jurisprudence Langelandsgade 110, 3 tv. 8000 Arhus C Denmark Journal Res Publica Online ISSN 1572-8692 Print ISSN 1356-4765 Journal Volume Volume 14 Journal Issue Volume 14, Number 4.
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  49.  35
    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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  50.  14
    Can Philosophy Contribute to a Change of Ethos? (The Road From the Law of the Ethos Toward European Law.Jovan Arandjelovic - 2003 - Filozofija I Društvo 2003 (21):117-135.
    The author examines the character of the changes taking place in contemporary Serbian society. He emphasizes at the same time that contemporary Serbian philosophy is facing these crucial questions as well, which without it cannot be even addressed, let alone solved. The key difference between modern West European and contemporary Serbian societies, seen from the perspective of philosophy, is demonstrated most clearly in the manner of constituting institutions and transforming the modern Serbian society. In the process of building (...)
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