Results for 'Procedure (Law'

289 found
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  1.  67
    Rule-Consequentialism's Dilemma.Iain Law - 1999 - Ethical Theory and Moral Practice 2 (3):263-276.
    This paper examines recent attempts to defend Rule-Consequentialism against a traditional objection. That objection takes the form of a dilemma, that either Rule-Consequentialism collapses into Act-Consequentialism or it is incoherent. Attempts to avoid this dilemma based on the idea that using RC has better results than using AC are rejected on the grounds that they conflate the ideas of a criterion of rightness and a decision procedure. Other strategies, Brad Hooker's prominent amongst them, involving the thought that RC need (...)
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  2.  5
    The Semiotic Interpretation of Legal Subjects in China’s New Criminal Procedure Law.Xu Lin & Li Liang - 2017 - Semiotica 2017 (216):383-397.
    Journal Name: Semiotica Issue: Ahead of print.
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  3. Defending the Criminal Law: Reflections on the Changing Character of Crime, Procedure, and Sanctions.Andrew Ashworth & Lucia Zedner - 2008 - Criminal Law and Philosophy 2 (1):21-51.
    Recent years have seen mounting challenge to the model of the criminal trial on the grounds it is not cost-effective, not preventive, not necessary, not appropriate, or not effective. These challenges have led to changes in the scope of the criminal law, in criminal procedure, and in the nature and use of criminal trials. These changes include greater use of diversion, of fixed penalties, of summary trials, of hybrid civil–criminal processes, of strict liability, of incentives to plead guilty, and (...)
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  4.  15
    Origin of Bankruptcy Procedure in Roman Law.Stasys Vėlyvis & Vilija Mikuckienė - 2009 - Jurisprudence 117 (3):285-297.
    In order to clarify the objectives of bankruptcy, to reveal the true essence of bankruptcy procedure and the origin of legal terms, it is necessary to ascertain the nature of this institute of law, as well as the reasons for its creation and development. This article provides historic analysis of the development of the institute of bankruptcy procedure. For this purpose, a historic comparative research is undertaken in the article, in order to find certain parallels of bankruptcy (...) under Roman law and the modern bankruptcy procedure. Roman law has been chosen as the most phenomenal ancient law for the purposes of undertaking a historic analysis of the development of bankruptcy procedure. In the authors’ opinion, it it the best example that reveals the origin of bankruptcy procedure, and the reasons for its formation. Analysis of certain private law institutes of Roman law enables the authors to conclude that the main features (principles) of the bankruptcy procedure formed precisely under Roman law: replacement of personal liability by pecuniary; public auction as a form of realization of debtor’s property; transition from selling of debtor’s property as a whole to disposal of property in divided property units; creation of subject, who administers auctions of debtor’s property under oath not to act in selfish purposes; setting of a term of 30 days, during which a debtor has to cover the debts (claims’ dispute resolution); establishment of the institute of informing creditors about initiated procedures of debt retrieval and encouragement to join these procedures; establishment of the ban to recover debts from household items; laying of the foundations of the institute of peace agreement between the debtor and his creditors; establishment of actio Pauliana - a remedy for the protection of creditors rights. The mentioned rules in one way or another eventually have been transferred to legal acts on legal relations in case of bankruptcy of many foreign countries. (shrink)
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  5.  7
    The Concept of European Administrative Law and the Background of the Development of the Law on Administrative Procedure of the European Union.Ieva Deviatnikovaitė - 2013 - Jurisprudence 20 (3):1005-1022.
    There are several reasons, according to which it is worth analyzing European administrative law. First, this is a rather new branch of law. Second, the European administrative law is treated in different countries from different legal traditions positions, consequently, any effort to unify the approach to it can provide a basis for a unified European administrative law model. Third, there are no works dedicated to the analysis of the phenomenon of the European administrative law in Lithuania. Therefore, this article deals (...)
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  6.  4
    Tendencies of the Development of the Lithuanian Criminal Procedure Law.Rima Azubalyte - 2010 - Jurisprudence 119 (1):281-296.
    The tendencies of the development of the Lithuanian criminal procedure within the recent twenty years, after Lithuania has regained its independence, are analyzed in the present article. The main factors which influence lawmaking in the sphere of criminal procedure as well as in the application of the criminal procedure norms are discussed. The constitutional imperatives and the human rights, fixed in international and the European Union agreements as the main factors determining the evolution of the law of (...)
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  7. Controversies in Criminal Law: Philosophical Essays on Responsibility and Procedure.Michael J. Gorr & Sterling Harwood (eds.) - 1992 - Westview Press.
  8. Turkey. The 2007 Turkish Code on Private International Law and International Civil Procedure: Law, Nr.: 5718, Adopted 27 November 2007. [REVIEW]Andrea Bonomi & Paul Volken - 2009 - In Andrea Bonomi & Paul Volken (eds.), Yearbook of Private International Law: Volume Ix. Sellier de Gruyter.
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  9. The Semiotic Interpretation of Legal Subjects in China’s New Criminal Procedure Law.Xu LinCorresponding authorZhejiang Police College Hangzhou & Li LiangZhejiang Police College Hangzhou - forthcoming - Semiotica.
    Journal Name: Semiotica Issue: Ahead of print.
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  10.  15
    The Priority of Politics and Procedure Over Perfectionism in Penal Law, or, Blackmail in Perspective.Donald A. Dripps - 2009 - Criminal Law and Philosophy 3 (3):247-260.
    Criminal law theory concerns itself with the justification of punishment. Conflicting moral theories of punishment will be held in liberal democracies. The positive law therefore neither will nor should reflect exclusively a single moral theory of punishment. Like the institutions for making law, the institutions for enforcing it will cause punishments imposed to deviate from what pure moral theory might prescribe. These claims are illustrated by the debate over blackmail prohibition. The best rationale for prohibition is not the moral argument (...)
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  11.  23
    Review Essay / Criminal Procedure as Constitutional Law.Gerard V. Bradley - 1998 - Criminal Justice Ethics 17 (1):58-66.
    Akhil Reed Amar, The Constitution and Criminal Procedure: First Principles New Haven: Yale University Press, 1997, xi + 272 pp.
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  12.  1
    The 2007 Turkish Code Concerning Private International Law and International Civil Procedure.Bonomi Andrea & Volken Paul - 2009 - In Andrea Bonomi & Paul Volken (eds.), Yearbook of Private International Law: Volume Ix. Sellier de Gruyter.
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  13. Issues of Private International Law and Civil Procedure Arising Out of the U.S. Civil Suits for Forced Labor Duringworld War II: To What Extent Do U.S. Conflict and Procedural Rules Obstruct Private Liability for Wartime Human Rights Violations? [REVIEW]Volken Paul & Sarcevic Petar - 2009 - In Paul Volken & Petar Sarcevic (eds.), Yearbook of Private International Law: Volume Iii. Sellier de Gruyter.
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  14. Modelling Defeasibility in Law: Logic or Procedure?Henry Prakken - 2001 - Fundamenta Informaticae 48 (2-3):253-271.
  15.  1
    The Law of Athens. [2.] Procedure.Robin Seager & A. R. W. Harrison - 1975 - Journal of Hellenic Studies 95:246.
  16.  11
    Legal Procedure at Athens A. R. W. Harrison: The Law of Athens: Procedure. Pp. Xiv+270. Oxford: Clarendon Press, 1971. Cloth, £3·75. [REVIEW]P. J. Rhodes - 1974 - The Classical Review 24 (01):86-88.
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  17. Obligation to Obey the Law: Substance and Procedure in the Thought of Lon Fuller.Robert C. Moffat - 1983 - International Journal of Applied Philosophy 1 (4):33-49.
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  18. Legal Practice in the Malikite Law of Procedure.Peter Scholz - 1999 - Al-Qantara: Revista de Estudios Árabes 20 (2):417-436.
     
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  19.  1
    Controversial Aspects of the Existence of Witness' Interest in the Criminal Procedure.Raimundas Jurka - 2009 - Jurisprudence 115 (1):359-376.
    Interest is one of the main sociological and legal categories, which help to discover relation between objective external tendencies and activities of a man. A witness who has procedural rights and obligations is allowed to protect these rights and obligations respectively and thus a witness begins to have an interest in criminal procedure. Two types of interests of witness could be accordingly distinguished, i.e. personal interest and legal interest. The analysis of witness’s interest in criminal cases allows to affirm (...)
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  20.  9
    Law's Cultural Project and the Claim to Universality or the Equivocalities of a Familiar Debate.José Manuel Aroso Linhares - 2012 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (4):489-503.
    Do our present circumstances allow us to defend a specific connection (that specific connection) between «legal rules», «moral claims» and «democratic principles» which we may say is granted by an unproblematic presupposition of universality or by an «acultural» experience of modernity? In order to discuss this question, this paper invokes the challenge-visée of a plausible reinvention of Law’s autonomous project (a reinvention which may be capable of critically re-thinking and re-experiencing Law’s constitutive cultural-civilizational originarium in a «limit-situation» such as our (...)
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  21. Outline of Remedial Law and Legal & Judicial Ethics.Jose N. Nolledo - 1969 - Manila, Rex Book Store.
     
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  22.  2
    The Concept of Bar and Fundamental Principles of an Advocate's Activity in Roman Law.Marius Jonaitis & Inga Žalėnienė - 2009 - Jurisprudence 117 (3):299-312.
    In Roman civil procedure legal representatives (cognitores, procuratores) functioned together with their different assistants (advocati, patroni, oratores) who had the right to participate in the procedure together with the party and not instead of it. This article aims to show the peculiarities of the legal status of advocates, patrons, rhetoricians and other assistants of the litigants in civil procedure, the concept of a bar, as a professional corporation, presumption of its origin and mission in ancient Rome, origins (...)
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  23. Inaugural Addresses, Delivered by the Professors of Law, in the University of the City of New-York, at the Opening of the Law School of That Institution.Benjamin F. Butler, William Kent, David Graham & Edwin B. Clayton - 1838 - E.B. Clayton, Printer and Stationer.
     
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  24. Polish, Greek and Cypriot Civil Procedure Terminology in Translation. A Parametric Approach.Karolina Gortych-Michalak - 2017 - Studies in Logic, Grammar and Rhetoric 49 (1):73-88.
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  25.  8
    Rethinking Criminal Law: Critical Notice: Truth, Error, and Criminal Law: An Essay in Legal Epistemologyby Larry Laudan.Andrew Botterell - 2009 - Canadian Journal of Law and Jurisprudence 22 (1):93-112.
    Imagine the following. You have been asked to critically evaluate the criminal process in your home jurisdiction. In particular, you have been asked to determine whether the criminal process currently in place appropriately balances the need to maximize the chances of getting things right—of acquitting the innocent and convicting the guilty—with the need to minimize the chances of getting things wrong—of acquitting the guilty and convicting the innocent. How would you proceed? What rules of evidence and procedure would you (...)
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  26.  13
    Public Reason Between Ethics and Law.José de Sousa E. Brito - 2012 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (4):465-472.
    Rawls says that public reason is the reason of the citizens of a democratic state and takes the Supreme Court in the USA as the exemplar of public reason. It differs from non public reason, which is used e.g., in universities and academic institutions. Rawls contrasts with Kant, which opposes the public reason of the scholar—or the philosopher—, who speaks before the world, to the private reason of state or church officials. The later, once they accept an authority, cannot think (...)
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  27.  4
    Influence of the Jurisprudence of the Constitutional Court on the Criminal Procedure.Rima Ažubalytė - 2012 - Jurisprudence 19 (3):1059-1078.
    The author of the paper considers the influence of the jurisprudence of the Constitutional Court as the only official entity entitled to interpret the Constitution on the criminal procedure. The paper contains the review the following three trends of impact of the constitutional jurisprudence: influence on the legislature in criminal procedure law, influence on the practice of implementation of criminal procedural law and on the science of criminal procedural law. The paper mostly relies on the works by professionals (...)
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  28.  85
    International Law and Morality in the Theory of Secession.David Copp - 1998 - Journal of Ethics 2 (3):219-245.
    In order responsibly to decide whether there ought to be an international legal right of secession, I believe we need an account of the morality of secession. I propose that territorial and political societies have a moral right to secede, and on that basis I propose a regime designed to give such groups an international legal right to secede. This regime would create a procedure that could be followed by groups desiring to secede or by states desiring to resolve (...)
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  29.  10
    Proportionality: From the Concept to the Procedure.Artūras Panomariovas & Egidijus Losis - 2010 - Jurisprudence 120 (2):257-272.
    The present paper deals with an investigation of the conception and development of the idea (principle) of proportionality, the variety of concepts and the procedure for the verification of the principle of proportionality. The genesis of the conception of coercive measures is studied by reviewing the process of the formation of the current principle of proportionality manifested in the historical sources of the law of Prussia, Germany, and the evolution of the principles consolidated in them. The principle of proportionality (...)
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  30.  9
    Protection of Public Interest in Civil Procedure and the Doctrine of the Constitutional Court.Vytautas Nekrošius - 2012 - Jurisprudence 19 (3):1101-1110.
    On 21 June 2011 the Parliament of the Republic of Lithuania adopted extensive and important amendments of the Code of Civil Procedure of the Republic of Lithuania. Most of them came into force on 1 October 2011.One of the important tasks that have been mentioned for the preparation of amendments was to ensure the implementation of the Constitutional Court’s doctrine of matters of civil procedure. This article analyses one of the changed aspect - the system of defence of (...)
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  31.  7
    Illicit Enrichment as a Crime According to the Criminal Law of Lithuania: Origins, Problems of Criminalization, Implementation and Perspectives.Laurynas Pakštaitis - 2013 - Jurisprudence 20 (1):319-341.
    Recent developments in criminal legislation of the Republic of Lithuania among other significant novelties include the criminalization of illicit enrichment as criminal offence. Such offence presents new legal instrument for the law enforcement in dealing with individuals who acquire property in doubtful ways. The crime of illicit enrichment is rather a novelty within the context of criminal legislation. Such novelty was largely based upon the requirements of United Nations Convention against Corruption, which stipulates the implementation of such legal measure. According (...)
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  32.  3
    Impact of Constitutional Justice on Lithuaniaʼs Civil Procedure.Egidija Stauskienė - 2012 - Jurisprudence 19 (3):1079-1099.
    The extent to which the legal doctrine addresses manifestations of constitutionalism has been constantly growing. However, the majority of research in constitutionalism focuses on the analysis of the power of the Constitution and the fundamental principles entrenched in it whereas ordinary branches of law, including civil procedure, affected by the constitutional law remains outside the scope of a deeper analysis. The author of the present paper is convinced that certain aspects of the impact of constitutional justice on such branches (...)
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  33.  2
    Is It Easy to Remain Solely an Interpretator for a Court?Egidijus Baranauskas - 2009 - Jurisprudence 116 (2):201-210.
    The boundary between interpretation and creation of law is sometimes so subtle and intangible that the court judgments may give rise to discussions about judges having taken the role of lawmakers. This article reveals the concept of ‘precedent’ in the Lithuanian legal system as the influence of the common law has increased on the continental law and ideas of stare decisis have been transferred to the Lithuanian legal system. The start for this was a famous judgment of 28 March 2006 (...)
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  34.  2
    Different Approach to Losses Caused by the Abuse of Civil Procedure.Virgilijus Valančius & Aurimas Brazdeikis - 2011 - Jurisprudence 18 (4):1467-1484.
    Recent major amendments of the Code of Civil Procedure of the Republic of Lithuania have added new and improved older procedural instruments that may be used for reimbursement of losses inflicted by the abuse of process. The law now clearly states that the court may take into account improper conduct of the participants when deciding on distribution of litigation costs. A fine in favour of the party aggrieved by the abuse may also be imposed. Therefore, in this article the (...)
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  35.  1
    Getting a `Get' – the Limits of Law's Authority? N. V. N. (Jurisdiction: Pre-Nuptial Agreement) [1999] 2 F.L.R. 745. [REVIEW]Adrienne Barnett - 2000 - Feminist Legal Studies 8 (2):241-254.
    This note examines the decision of the Family Division of the High Court in N. v. N. (Jurisdiction: Pre-Nuptial Agreement) in which, in the context of Jewish divorce proceedings, the Court found that it had no jurisdiction to order a husband, by specific performance of a marriage agreement, to go through the procedure to obtain a ‘get’ (a hand-written bill of divorcement) allowing his wife to remarry. First, discussion of the case is contextualised broadly within the debate on the (...)
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  36.  1
    Optimisation of Criminal Procedure: Preconditions and Possibilities for Written Procedure.Raimundas Jurka & Ernestas Rimšelis - 2012 - Jurisprudence 19 (2):753-769.
    Endeavours of politicians, representatives of law enforcement institutions and courts to create simplified, accelerated and less human and time resources requiring legal procedures in criminal cases prompted the authors of this article to assess the possibilities to develop the written form of procedure in Lithuania. The goal of the authors of this article is to assess the origin and goals of the written form of procedure, as well as to define the main rules and points for discussions on (...)
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  37.  1
    Immunities of the Witness and Witnessing in the Criminal Procedure: The Problem of Identity and Relation.Raimundas Jurka - 2010 - Jurisprudence 121 (3):269-282.
    The article deals with the discussion of the concept and implementation of immunities of the witness in the criminal proceedings in abstracto. The problem is whether the additional guarantee of protection of the witness’ procedural interests, which is fixed in the Law of the Criminal Procedure, is appropriately methodologically regulated, or whether certain immunities of the witness are appropriately perceived and applied in practice, is raised in the present article. Through this reason, the author, searching for the answers to (...)
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  38. W poszukiwaniu ontologicznych podstaw prawa. Arthura Kaufmanna teoria sprawiedliwości [In Search for Ontological Foundations of Law: Arthur Kaufmann’s Theory of Justice].Marek Piechowiak - 1992 - Instytut Nauk Prawnych PAN.
    Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...)
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  39.  40
    Analogy Argumentation in Law: A Dialectical Perspective. [REVIEW]Harm Kloosterhuis - 2000 - Artificial Intelligence and Law 8 (2-3):173-187.
    In this paper I investigate the similarities betweenthe dialectical procedure in the pragma-dialecticaltheory and dialectical procedures in AI and Law. I dothis by focusing on one specific type of reasoning inlaw: analogy argumentation. I will argue that analogyargumentation is not only a heuristic forfinding new premises, but also a part of thejustification of legal decisions. The relevantcriteria for the evaluation of analogy argumentationare not to be found at the logical level of inference,but at the procedural level of the discussion. (...)
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  40.  8
    Beyond Peirce: The New Science of Semiotics and the Semiotics of Law. [REVIEW]Charls Pearson - 2008 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 21 (3):247-296.
    This paper shows how Peirce's semeiotic could be turned into a powerful science. The New Science of Semiotics provides not only a new paradigm and an empirical justification for all these applications, but also a rational and systematic procedure for carrying them out as well. Thus the New Science of Semiotics transforms the philosophy of law into the science of legal scholarship, the discipline that I call jurisology.
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  41.  4
    Implementation of European Enforcement Order Procedure – Lithuanian Approach (text only in Lithuanian).Laura Gumuliauskienė - 2010 - Jurisprudence 122 (4):135-152.
    This article provides a study of the legal regulations of the European enforcement order and the uniform enforcement of judgments without the exequatur procedure, which have been in place between the member states of the European Union for five years already. In the Lithuanian civil procedure law it details the implementation of Regulation (EC) No. 805/2004 of the European Parliament and of the Council of 21 April 2004 for creating a European Enforcement Order for uncontested claims in the (...)
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  42. Tempo, Azione, Giudizio.Maria Gabriella Esposito - 2005 - A. Giuffrè.
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  43. Min Shi Si Fa Jie Shi Yan Jiu.Lili Ma - 2012 - Ren Min Fa Yuan Chu Ban She.
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  44. The Dual Nature of Law.Robert Alexy - 2010 - Ratio Juris 23 (2):167-182.
    The argument of this article is that the dual-nature thesis is not only capable of solving the problem of legal positivism, but also addresses all fundamental questions of law. Examples are the relation between deliberative democracy and democracy qua decision-making procedure along the lines of the majority principle, the connection between human rights as moral rights and constitutional rights as positive rights, the relation between constitutional review qua ideal representation of the people and parliamentary legislation, the commitment of legal (...)
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  45. The Practical and Philosophical Significance of Kant's Universality Formulations of the Categorical Imperative.Mark Timmons - 2005 - In B. Sharon Byrd & Jan C. Joerdan (eds.), Jahrbuch Für Recht Und Ethik. Duncker Und Humblot.
    This article begins with the claim that the Formula of Universal Law, interpreted as a test of the deontic status of actions, can't be made to work. If not, then one might wonder whether what other work it might do in the overall economy of Kant's ethics. I defend what I call the "formal constraint" interpretation of FUL, explaining how it can figure in a defense of the Formula of Humanity, and its psychological significance in moral thinking.
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  46.  3
    Reframing Conscientious Care: Providing Abortion Care When Law and Conscience Collide.Mara Buchbinder, Dragana Lassiter, Rebecca Mercier, Amy Bryant & Anne Drapkin Lyerly - 2016 - Hastings Center Report 46 (2):22-30.
    “It's almost like putting salt in a wound, for this person who's already made a very difficult decision,” suggested Meghan Patterson, a licensed obstetrician-gynecologist whom we interviewed in our qualitative study of the experiences of North Carolina abortion providers practicing under the state's Woman's Right to Know Act. The act requires that women receive counseling with state-mandated information at least twenty-four hours prior to obtaining an abortion. After the law was passed, Patterson worked with clinic administrators, in consultation with a (...)
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  47.  11
    Renegotiating Forensic Cultures: Between Law, Science and Criminal Justice.Paul Roberts - 2013 - Studies in History and Philosophy of Science Part C: Studies in History and Philosophy of Biological and Biomedical Sciences 44 (1):47-59.
    This article challenges stereotypical conceptions of Law and Science as cultural opposites, arguing that English criminal trial practice is fundamentally congruent with modern science’s basic epistemological assumptions, values and methods of inquiry. Although practical tensions undeniably exist, they are explicable—and may be neutralised—by paying closer attention to criminal adjudication’s normative ideals and their institutional expression in familiar aspects of common law trial procedure, including evidentiary rules of admissibility, trial by jury, adversarial fact-finding, cross-examination and the ethical duties of expert (...)
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  48.  19
    Dilemmas in Dispensing, Problems in Practice? Ethical Issues and Law in UK Community Pharmacy.R. J. Cooper, P. Bissell & J. Wingfield - 2007 - Clinical Ethics 2 (2):103-108.
    Do UK community pharmacists encounter the high drama dilemmas of the medical ethics literature or is a 'morality of the mundane' more appropriate? This paper presents the findings of a qualitative study that asked a sample of UK pharmacists to describe their ethical issues and to establish whether these were ethical dilemmas as understood philosophically or ethical problems of a more legal or emotional nature. It emerged that although many pharmacists referred to 'dilemmas', these were often problems involving a conflict (...)
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  49.  32
    Demonstrative Induction, Old and New Evidence and the Accuracy of the Electrostatic Inverse Square Law.Ronald Laymon - 1994 - Synthese 99 (1):23 - 58.
    Maxwell claimed that the electrostatic inverse square law could be deduced from Cavendish's spherical condenser experiment. This is true only if the accuracy claims made by Cavendish and Maxwell are ignored, for both used the inverse square law as a premise in their analyses of experimental accuracy. By so doing, they assumed the very law the accuracy of which the Cavendish experiment was supposed to test. This paper attempts to make rational sense of this apparently circular procedure and to (...)
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  50.  3
    An Automated System for Argument Invention in Law Using Argumentation and Heuristic Search Procedures.Douglas Walton - 2005 - Ratio Juris 18 (4):434-463.
    . A heuristic search procedure for inventing legal arguments is built on two tools already widely in use in argumentation. Argumentation schemes are forms of argument representing premise‐conclusion and inference structures of common types of arguments. Schemes especially useful in law represent defeasible arguments, like argument from expert opinion. Argument diagramming is a visualization tool used to display a chain of connected arguments linked together. One such tool, Araucaria, available free at , helps a user display an argument on (...)
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1 — 50 / 289