Results for 'Legal Philosophy'

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  1. Kevin Toh, University College London.Legal Philosophy À la Carte - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press.
     
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  2. Kathyrn Lindeman, Saint Louis University.Legal Metanormativity : Lessons For & From Constitutivist Accounts in the Philosophy Of Law - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press.
     
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  3.  52
    Legal Philosophy and the Social Sciences: The Potential for Complementarity.Kevin Walton - 2015 - Jurisprudence 6 (2):231-251.
    In this paper, I argue that dialogue between legal philosophers and social scientists can be mutually beneficial. Nicola Lacey offers a vision of jurisprudence that supposes as much. I start by setting out my interpretation of her view. I then defend its potential, which she takes for granted, from the challenges posed by, first, an apparent friend—Brian Leiter—and, second, obvious adversaries—Joseph Raz and others. My response proposes an alternative to their conceptions of legal philosophy, one that is (...)
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  4. Legal philosophies.James W. Harris - 1997 - Dayton, Ohio: Lexis Nexis.
    Legal Philosophies has been written to provide a clear guide to the main topics in a jurisprudence or legal theory course with the novice in mind. It provides summaries of the pertinent arguments within these topics, and of the views of leading theorists. This new edition takes a look at the emergence of "Critical Legal Studies" and "Feminist Jurisprudence", whilst there are new sections on "Moral Truth" and "Communitarianism" (a revived theoretical approach).
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  5. On hating and despising legal philosophy.Jesse Wall - 2021 - Australian Journal of Legal Philosophy 46 (1):29-50.
    This article is a cry for help. It is a search for some possible view of legal philosophy that does not render it either intrinsically useless or useless in its current form. In this article I focus on two methodological hallmarks of contemporary anglophone legal philosophy. The first is the Archimedean way in which the legal theorist places a critical distance between him- or herself and the subject matter of the philosophical inquiry. The second is (...)
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  6.  22
    Legal Philosophy: General Aspects.Patricia Smith & Paolo Comanducci (eds.) - 2002 - Franz Steiner Verlag.
    What principles explain or justify legal institutions or decisions, thereby transforming coercion to authority? Are there or could there be any such universal principles? Can any philosophical theory account for such principles? How, if at all, do philosophical theories of law and politics apply to particular issues? And finally, what, if any, do such practical applications tell us about general theories and principles? The essays in this volume represent the efforts of an international group of scholars to understand these (...)
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  7.  7
    Analytical Legal Philosophy Reloaded.Guillermo Lariguet - 2014 - Problema. Anuario de Filosofía y Teoria Del Derecho 1 (8):3-37.
    In this essay I argue a particular legal philosophy is committed to a partial and closed view of how philosophical work is conceived. This view produces a legal philosophy that lacks the ability to guide substantive discussions. I argue that methodological legal positivism is not a good way to articulate the development of legal philosophy. Then, I argue that we need to consider the place that legal philosophy should occupy in the (...)
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  8.  52
    Legal philosophies of Russian liberalism.Andrzej Walicki - 1987 - New York: Oxford University Press.
    In pre-revolutionary Russia, law was criticized from many points of view: in the name of Christ or the name of Marx, in defense of anarchism or of an idealized autocracy, on behalf of the "Russian soul" or of universal progress towards socialism. Examining the rich tradition of hostility to law, Walicki presents those Russian thinkers who boldly challenged this legacy of anti-legal prejudice by developing liberal philosophies of law, vindicating the value of human rights and rule of law. He (...)
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  9.  8
    The World's legal philosophies.Fritz Berolzheimer - 1912 - Union, N.J.: Lawbook Exchange.
    This is evident, for example, in the contribution it has made to the emancipation of repressed social classes.
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  10.  1
    Essays in legal philosophy.Robert S. Summers - 1968 - Oxford,: Blackwell.
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  11.  55
    Legal philosophy in America.Brian Bix - 2008 - In Cheryl Misak (ed.), The Oxford handbook of American philosophy. New York: Oxford University Press.
    This article, written for the forthcoming Oxford Handbook of American Philosophy, offers an overview of the most important American contributions to legal philosophy - American legal realism, law and economics, various critical schools of jurisprudence, Lon Fuller, and Ronald Dworkin - while speculating on what might be distinctive of American legal philosophy. One obvious recurring theme is a focus on practical application in general, and adjudication (especially constitutional adjudication) in particular.
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  12.  95
    Applied Political and Legal Philosophy.Michelle Madden Dempsey & Matthew J. Lister - 2017 - In Kimberley Brownlee, Tony Coady & Kasper Lippert-Rasmussen (eds.), A Companion to Applied Philosophy. Oxford: Wiley-Blackwell. pp. 313-327.
    This chapter examines three approaches to applied political and legal philosophy: Standard activism is primarily addressed to other philosophers, adopts an indirect and coincidental role in creating change, and counts articulating sound arguments as success. Extreme activism, in contrast, is a form of applied philosophy directly addressed to policy-makers, with the goal of bringing about a particular outcome, and measures success in terms of whether it makes a direct causal contribution to that goal. Finally, conceptual activism (like (...)
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  13.  7
    German legal philosophy and theory in the Nineteenth and Twentieth Centuries.Alexander Somek - 1996 - In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell. pp. 339–349.
    This chapter contains sections titled: Nineteenth‐Century Idealism From Idealism to Nineteenth‐Century Constructivism: The Case of the Historical School From the Turn of the Century to World War II: Disintegration and Reconstruction The Period from 1933 to 1945: “Völkische” Jurisprudence The Period from 1945 to the Present: From Natural Law to Postmodernism References.
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  14.  3
    Kantian Legal Philosophy.Arthur Ripstein - 1996 - In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell. pp. 392–405.
    This chapter contains sections titled: References.
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  15. Experimental Legal Philosophy: General Jurisprudence.Raff Donelson - 2023 - In Alexander Max Bauer & Stephan Kornmesser (eds.), The Compact Compendium of Experimental Philosophy. Berlin and Boston: De Gruyter. pp. 309-326.
    This chapter offers an overview of experimental legal philosophy with a special focus on questions in general jurisprudence, that part of legal philosophy that asks about the concept and nature of law. Much of the experimental general jurisprudence work has tended to follow the questions that have interested general jurisprudence scholars for decades, that is, questions about the relation between legal norms and moral norms. Wholesale criticism of experimental general jurisprudence is scant, but, given existing (...)
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  16.  24
    American Legal Philosophy.Richard Tur - 1985 - Royal Institute of Philosophy Lectures 19:255-272.
    Given statements like these about current developments in intellectualizing about law in America it is an exciting time to look at American legal philosophy. Given the ferment in the law schools and the volume of literature in the law journals it is also a difficult task confidently to extract the main lines of current thought and adequately to assess the significance of current intellectual movements. American lawyers are inclined to point out that there is no such thing as (...)
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  17.  35
    The Legal Philosophy of Internationally Assisted Tyrannicide.Shannon Brincat - 2009 - Australian Journal of Legal Philosophy 34:151-192.
    The international community has long been affected by the political, philosophical and ethical issues surrounding the practice of tyrannicide, defined as the targeted killing of a tyrant. However, there exists no specific international legal instrument that concerns the practice of tyrannicide, rendering the legitimacy of the practice ambiguous. This paper aims to investigate the issue of tyrannicide and offers a number of speculative arguments concerning its legal-philosophical status. It finds that there are essentially two arms of international (...) jurisprudence that may regulate the practice of tyrannicide. The first is largely prohibitive and is based on the derived legal arguments against assassination involving the element ofperfidy, relevant extradition law, provisions in the Hague, Geneva and New York Conventions, and the prohibition on the use of force in the UN Charter. The second position, though far more radical and speculative, is more permissive regarding the moral legitimacy of tyrannicide. This position is based on arguments from the classical international theorists Gentili, Grotius and Vattel, contemporary human rights standards, the principle of humanitarian intervention, the duty to protect, and legal category of hostis hutnani generis. It is argued that though the vast majority of international legal principles are indicative ofthe illegality oftyrannicide, that the practice may nevertheless be philosophically legitimated under humanitarian principles. (shrink)
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  18. The Nature of Legal Philosophy.Robert Alexy - 2004 - Ratio Juris 17 (2):156-167.
    Philosophy is general and systematic reflection about what there is, what ought to be done or is good, and how knowledge about both is possible. Legal philosophy raises these questions with respect to the law. In so doing, legal philosophy is engaged in reasoning about the nature of law. The arguments addressed to the question of the nature of law revolve around three problems. The first problem addresses the question: In what kinds of entities does (...)
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  19. The legal philosophies of Lask, Radbruch, and Dabin.Jean Dabin, Gustav Radbruch & Emil Lask (eds.) - 1950 - Cambridge,: Harvard University Press.
     
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  20.  75
    The legal philosophies of Lask, Radbruch, and Dabin.Emil Lask, Gustav Radbruch, Jean Dabin & Kurt Wilk (eds.) - 1950 - Cambridge,: Harvard University Press.
  21. What Is Legal Philosophy?Matthew H. Kramer - 2012 - Metaphilosophy 43 (1-2):125-134.
    This article delineates some of the main issues that are debated by philosophers of law. It explores the connections between legal philosophy and other areas of philosophy, while also seeking to specify the distinctiveness of many of the concerns that have preoccupied philosophers of law. It illustrates its abstract points with examples focused on the separability of law and morality, the nature of the rule of law, the nature of rights, justifications for the imposition of punishment, and (...)
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  22.  42
    An Introduction to African Legal Philosophy.John Murungi - 2013 - Lexington Books.
    This is an introductory book on African legal philosophy. The book claims that African legal philosophy exists and is intelligible in the context of African culture, just as every other legal philosophy has its cultural foundation. What law is, how it is thought, how it is interpreted, and how it is applied takes place with thing the parameters of African culture. At a time when the imposition of Western culture on Africans has to be (...)
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  23. A Treatise of Legal Philosophy and General Jurisprudence.Enrico Pattaro - 2006 - Ratio Juris 19 (4):489-500.
    . “The Notebook Corner,” edited by Enrico Pattaro, makes its first appearance here as a new section of Ratio Juris. This new section can be described in a sense as an offshoot of the project for A Treatise of Legal Philosophy and General Jurisprudence, a work still in progress composed of five theoretical volumes and six historical ones. The theoretical volumes receive a brief presentation in the paper immediately below, with a specific focus on Volume 1, entitled The (...)
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  24.  18
    Hart's Legal Philosophy: An Examination.M. E. Bayles & Michael D. Bayles - 1992 - Springer Verlag.
    This work presents, interprets, and largely defends the legal philosophy of H.L.A. Hart, except for his account of causation. Hart is considered by many persons to be the most important English writer on jurisprudence in the 20th century. The book considers his general theory of law, his theory of rights and of the enforcement of morality, and his analysis of the conditions of legal resposibility and the justification of punishment.
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  25.  4
    Brian Bix and Mexican Legal Philosophy: a Comment From the Perspective of the Sociology of Knowledge.Enrique Cáceres Nieto - 2011 - Problema. Anuario de Filosofía y Teoria Del Derecho 1 (5):417-435.
    My aim in this comment is to provide reasons that highlight the importance of the Spanish translation of Brian Bix’s book: “Jurisprudence, Theory and Context”. My comment stems from the sociology of knowledge and takes as a point of departure an empirical study about the state of the art of legal philosophy in Mexican Law Schools. My conclusion is that Brian Bix’s work shows how Mexican legal philosophy might be incorporated into current jurisprudential debate.Resumen: El objetivo (...)
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  26. Legal Philosophy from Plato to Hegel.Huntington Cairns - 1953 - Revue Philosophique de la France Et de l'Etranger 143:117-121.
     
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  27.  15
    Deontic logic and legal philosophy.Pablo Navarro - 2009 - In Susana Nuccetelli, Ofelia Schutte & Otávio Bueno (eds.), A Companion to Latin American Philosophy. Malden, MA: Wiley-Blackwell. pp. 439–453.
    This chapter contains sections titled: Introduction On Law and Morality Legal Rights and Legal Principles Law and Legal Systems Deontic Logic and Legal Philosophy Philosophical Doctrines in Latin America Conclusion References.
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  28.  18
    Jurisprudence, legal philosophy, in a nutshell.S. Prakash Sinha - 1993 - St. Paul, Minn.: 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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  29.  19
    The legal philosophy of H.L.A. Hart: a critical appraisal.Michael Martin - 1987 - Philadelphia: Temple University Press.
  30.  57
    Naturalism in legal philosophy.Brian Leiter - 2008 - Stanford Encyclopedia of Philosophy.
    The “naturalistic turn” that has swept so many areas of philosophy over the past three decades has also had an impact in the last decade in legal philosophy. Methodological naturalists (M-naturalists) view philosophy as continuous with empirical inquiry in the sciences. Some M-naturalists want to replace conceptual and justificatory theories with empirical and descriptive theories; they take their inspiration from more-or-less Quinean arguments against conceptual analysis and foundationalist programs. Other M-naturalists retain the normative and regulative ambitions (...)
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  31. Kant's Moral and Legal Philosophy.Karl Ameriks (ed.) - 2009 - New York: Cambridge University Press.
    This volume brings to English readers the finest postwar German-language scholarship on Kant's moral and legal philosophy. Examining Kant's relation to predecessors such as Hutcheson, Wolff, and Baumgarten, it clarifies the central issues in each of Kant's major works in practical philosophy, including The Groundwork of the Metaphysics of Morals, The Critique of Practical Reason, and The Metaphysics of Morals. It also examines the relation of Kant's philosophy to politics. Collectively, the essays in this volume provide (...)
     
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  32.  3
    Modern Legal Philosophy: The Tension Between Experiential and Abstract Thought.Cornelius F. Murphy - 1978 - Pittsburgh: Duquesne University Press.
  33. 'The Preface' Hegel's Legal Philosophy, and the Crises of His Time.William Conklin - 2017 - In Johnathan Lavery, William Sweet & Louis Groarke (eds.), Ideas Under Fire. New York: Rowman & Littlefield. pp. 161-190.
    Hegel experienced several personal, political, and professional crises during his life. These crises impacted his dense theory about the importance of rational self-reflection in the organic character and evolution of law. The article argues that Hegel’s Preface to the Philosophy of Right manifests how one philosopher came to terms with the personal, social and political crises in which he found himself. In particular, the article outlines the central themes of the Preface and then explicates the important notion of Bildung (...)
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  34.  10
    Legal Philosophy.Carlos A. Ball - 2009 - In Francis J. Mootz (ed.), On Philosophy in American Law. Cambridge University Press. pp. 273.
  35. Applied legal philosophy.Francis Cheneval, Samantha Besson & Jose Luis Martí (eds.) - 2006
  36.  58
    The legal philosophy of Ronald Dworkin : no right answer.David Conter - unknown
  37.  82
    Issues in contemporary legal philosophy: the influence of H.L.A. Hart.H. L. A. Hart & Ruth Gavison (eds.) - 1987 - New York: Oxford University Press.
    This is a collection of essays on themes of legal philosophy which have all been generated or affected by Hart's work. The topics covered include legal theory, responsibility, and enforcement of morals, with contributions from Ronald Dworkin, Rolf Sartorius, Neil MacCormach, David Lyons, Kent Greenawalt, Michael Moore, Joseph Raz, and C.L. Ten, among others.
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  38.  26
    Legal Philosophy and the Study of Legal Reasoning.Torben Spaak - 2021 - Belgrade Law Review 69 (4).
    In this short paper, I argue that legal philosophers ought to focus more than they have done so far on problems of legal reasoning. Not only is this a field with many philosophically interesting questions to consider, but it is also, in my estimation, the field in which legal philosophers can contribute the most to both the study and the practice of law. For even though reasoning and interpretation are at the center of what legal practitioners (...)
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  39.  19
    Soviet Legal Philosophy.Glenn Negley, John N. Hazard & Hugh W. Babb - 1953 - Philosophical Review 62 (4):590.
  40. Legal philosophy: jurisprudence.Joseph M. Nyasani - 2001 - Nairobi: Consolata Institute of Philosophy.
     
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  41. Comparative legal philosophy applied to legal institutions.Luigi Miraglia - 1912 - New York,: A. M. Kelley.
  42. Analytical legal philosophy: From Argentina to Spain contribution to the homage to Alchourrón and Bulygin.A. Calsamiglia - 1997 - Rechtstheorie 28 (3):257-261.
     
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  43.  4
    Legal Philosophy.Alan Brudner, Denise Réaume, Patrick Macklem & David Dyzenhaus - 1987 - Faculty of Law, University of Toronto.
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  44.  4
    Legal Philosophy.Alan Brudner, Ernest Joseph Weinrib, Brian Langille & Jennifer Nedelsky - 1987 - Faculty of Law, University of Toronto.
  45.  16
    Basic jurisprudence and legal philosophy.Stephen Offei - 1998 - Suva, Fiji: 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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  46. Legal philosophy in America.Brian H. Bix - 2008 - In Cheryl Misak (ed.), The Oxford handbook of American philosophy. New York: Oxford University Press.
     
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  47.  37
    More essays in legal philosophy.Robert S. Summers - 1971 - Berkeley,: University of California Press.
    Notes on Criticism in Legal Philosophy ROBERT S. SUMMERS I. INTRODUCTION Legal philosophers criticize and evaluate as well as originate and expound. ...
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  48.  3
    Legal Philosophy in Medieval Siṅhalē: A Historical Evaluation of Law in Medieval Sri Lanka.Hariścandra Vijayatuṅga - 2008 - Godage International Publishers.
  49.  78
    Karl Olivecrona's Legal Philosophy. A Critical Appraisal.Torben Spaak - 2011 - Ratio Juris 24 (2):156-193.
    I argue in this article (i) that Karl Olivecrona's legal philosophy, especially the critique of the view that law has binding force, the analysis of the concept and function of a legal rule, and the idea that law is a matter of organized force, is a significant contribution to twentieth century legal philosophy. I also argue (ii) that Olivecrona fails to substantiate some of his most important empirical claims, and (iii) that the distinction espoused by (...)
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  50.  24
    Applied Political and Legal Philosophy.Michelle Madden Dempsey & Matthew Lister - 2016 - In Kasper Lippert‐Rasmussen, Kimberley Brownlee & David Coady (eds.), A Companion to Applied Philosophy. Chichester, UK: Wiley. pp. 311–327.
    This chapter examines three approaches to applied political and legal philosophy: standard activism, extreme activism, and conceptual activism. They differ from one another in their target audiences, how directly the arguments seek to advance change in the world, and what they take as their measure(s) of success. Standard activism is primarily addressed to other philosophers, adopts an indirect and coincidental role in creating change, and counts articulating sound arguments as success. Extreme activism, in contrast, is a form of (...)
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