Results for 'The spirit of law'

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  1.  5
    The Spirit of Laws: A Compendium of the First English Edition. Montesquieu - 1977 - Univ of California Press.
    Montesquieu's The Spirit of Laws is an enduring classic of social and political theory deserving a fresh reading every generation. The modern reader, however, is likely to find a work that ran to over a thousand pages in its two-volume first edition a bit overwhelming. Presented here, therefore, is the first English-language compendium of The Spirit of Laws, together with the first English translation of the posthumously published treatise containing the physiological theory underlying Montesquieu's theory of climate.
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  2.  43
    The spirit of laws.Charles de Secondat Montesquieu & Jean Le Rond D' Alembert - 1984 - Franklin Center, Pa.: Franklin Library. Edited by Jean Le Rond D' Alembert, Thomas Nugent & J. V. Prichard.
    Of laws in general -- Of laws directly derived from the nature of government -- Of the principles of the three kinds of government -- That the laws of education ought to be relative to the principles of government -- That the laws given by the legislator ought to be relative to the nature of government -- Consquences of the principles of different governments, with respect to the simplicity of civil and criminal laws, the form of judgements, and inflicting of (...)
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  3.  13
    The spirit of the laws.Charles de Secondat Montesquieu & Thomas Nugent - 1989 - New York: Cambridge University Press. Edited by Anne M. Cohler, Basia Carolyn Miller & Harold Samuel Stone.
    The Spirit of the Laws is, without question, one of the central texts in the history of eighteenth-century thought, yet there has been no complete, scholarly English-language edition since that of Thomas Nugent, published in 1750. This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand quite why Montesquieu was such an important figure in the early enlightenment and why The Spirit of the Laws was, for example, such an (...)
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  4.  7
    The Spirit of Laws: A Compendium of the First English Edition.Charles Louis de Secondat - 1977 - University of California Press.
    Montesquieu's The Spirit of Laws is an enduring classic of social and political theory deserving a fresh reading every generation. The modern reader, however, is likely to find a work that ran to over a thousand pages in its two-volume first edition a bit overwhelming. Presented here, therefore, is the first English-language compendium of The Spirit of Laws, together with the first English translation of the posthumously published treatise containing the physiological theory underlying Montesquieu's theory of climate.
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  5.  38
    The spirit of laws.Charles de Secondat Montesquieu, Jean-Jacques Rousseau, Thomas Nugent, J. V. Prichard & G. D. H. Cole - 1952 - Franklin Center, Pa.: Franklin Library. Edited by Jean Le Rond D' Alembert, Thomas Nugent & J. V. Prichard.
    Of laws in general -- Of laws directly derived from the nature of government -- Of the principles of the three kinds of government -- That the laws of education ought to be relative to the principles of government -- That the laws given by the legislator ought to be relative to the nature of government -- Consquences of the principles of different governments, with respect to the simplicity of civil and criminal laws, the form of judgements, and inflicting of (...)
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  6.  48
    The spirit of laws.Charles de Secondat Montesquieu, Thomas Nugent, J. Nourse & Paul Vaillant - 1984 - Franklin Center, Pa.: Franklin Library. Edited by Jean Le Rond D' Alembert, Thomas Nugent & J. V. Prichard.
    Of laws in general -- Of laws directly derived from the nature of government -- Of the principles of the three kinds of government -- That the laws of education ought to be relative to the principles of government -- That the laws given by the legislator ought to be relative to the nature of government -- Consquences of the principles of different governments, with respect to the simplicity of civil and criminal laws, the form of judgements, and inflicting of (...)
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  7. The spirit of laws.Charles de Secondat Montesquieu & Thomas Nugent - 1984 - Franklin Center, Pa.: Franklin Library. Edited by Jean Le Rond D' Alembert, Thomas Nugent & J. V. Prichard.
     
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  8.  3
    Montesquieu and The spirit of laws.Kevin Hall - 2017 - New York: Britannica Educational Publishing in association with Rosen Educational Services.
    Montesquieu's early life & career -- Montesquieu's major works & last years -- Examining the text : The spirit of laws -- Montesquieu's influence on the Founding Fathers.
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  9.  16
    The spirit of the laws.Charles Secondat Montesquiedeu - 1989 - New York: Cambridge University Press. Edited by Anne M. Cohler, Basia Carolyn Miller & Harold Samuel Stone.
    The Spirit of the Laws is without question one of the central texts in the history of eighteenth-century thought, yet there has been no complete scholarly English language edition since 1750. This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand why Montesquieu was such an important figure in the early enlightenment and why The Spirit of the Laws was such an influence on those who framed the American Constitution. (...)
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  10.  24
    In the spirit of the law: An ethical alternative to the fairness doctrine.James L. Schwar - 1995 - Journal of Mass Media Ethics 10 (2):83 – 94.
    The Fairness Doctrine violated a Constitutional provision for a free press and it failed to guarantee public access to publicly owned broadcast airwaves, as was its intent. The regulation was eliminated in 1987, restoring 1 important free press element to America's broadcast newsrooms. However, public access since deregulation has further deteriorated, while other standards of ethical journalism appear to have been abandoned for higher profits. These factors have renewed the call for re-regulation. This article presents an alternative model in the (...)
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  11. The spirit of the laws.Baron de Montesquieu - unknown
     
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  12.  18
    Montesquieu's Science of Politics: Essays on the Spirit of Laws.Cecil Courtney, Paul A. Rahe Michael A. Mosher Sharon Krause, Rebecca E. Kingston, Catherine Larrere & Iris Cox (eds.) - 2000 - Rowman & Littlefield Publishers.
    In what constitutes the only English-language collection of essays ever dedicated to the analysis of Montesquieu's contributions to political science, the contributors review some of the most vexing controversies that have arisen in the interpretation of Montesquieu's thought. By paying careful attention to the historical, political, and philosophical contexts of Montesquieu's ideas, the contributors provide fresh readings of The Spirit of Laws, clarify the goals and ambitions of its author, and point out the pertinence of his thinking to the (...)
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  13. The Emotivism of Law. Systematic Irrationality, Imagined Orders, and the Spirit of Decision Making.Adrian Mróz - 2018 - Studia Humana 7 (4):16-29.
    The process of decision making is predictable and irrational according to Daniel Ariely and other economic behaviorists, historians, and philosophers such as Daniel Kahneman or Yuval Noah Harari. Decisions made anteriorly can be, but don’t have to be, present in the actions of a person. Stories and shared belief in myths, especially those that arise from a system of human norms and values and are based on a belief in a “supernatural” order (religion) are important. Because of this, mass cooperation (...)
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  14.  15
    The Spirit of the Law.Michael Kidd - 2000 - Journal of Human Values 6 (2):155-163.
    It is my contention that the law has its origins and derives its authority from moral precepts; and this morality is not dead, but is a live spirituality and ultimately depends on connection with the divine. In the spirit of the law, what is mercy and the admonition to love one's fellow humans as oneself and its application in the new millennium? If this view is accepted it has profound implications for the way law is practised. The implications for (...)
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  15.  18
    Symbolism of the Spirit of the Laws: A Genealogical Excursus to Legal and Political Semiotics.Jiří Přibáň - 2009 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 22 (2):179-195.
    The spirit of the laws is a symbol reflecting the ontological status and transcendental ideals of the system of positive law. The article analyses historical links between the romantic philosophy of the spirit of the nation (Volksgeist), which subsumed Montesquieu’s general spirit of the laws under the concept of ethnic culture, and recent politics of cultural and ethnic identity. Although criticising attempts at legalising ethnic collective identities, the article does not simply highlight the virtues of demos and (...)
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  16. The Province of Law in the Fall and Recovery of Man; or, the Law of the Spirit of Life in Contrast with the Law of Sin and Death.John Cooper - 1880
     
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  17. On the spirit of the laws.Keegan Callanan - 2021 - In Keegan Callanan & Sharon R. Krause (eds.), The Cambridge companion to Montesquieu. New York, NY: Cambridge University Press.
     
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  18.  30
    Reflections on the Concept of “Law” of Shang Yang from the Perspective of Political Philosophy: Function, Value, and Spirit of the “Rule of Law”.Wu Baoping & Lin Cunguang - 2016 - Contemporary Chinese Thought 47 (2):125-137.
    EDITOR’S ABSTRACTThis article argues that Shang Yang’s philosophy of law was not only a means to enrich the state and strengthen its army, but also envisioned the orderly rule of all All-under-Heaven. Through a fair, universal, and reliable use of rewards, punishments, and also teaching, this vision of laws could ultimately lead to the promotion of moral values, popular consensus, and people’s self-governance. While the authors admit that in Shang Yang’s own historical context, law was no more than a tool (...)
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  19.  7
    The spirit of the laws.Daniel Gordon - 1993 - History of European Ideas 17 (2-3):373-374.
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  20.  11
    The Spirit of the Common Law.Morris R. Cohen - 1923 - Journal of Philosophy 20 (6):155.
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  21. Montesquieu modern politics-the'spirit of the laws'and the problem of modern monarchy in old-regime France.Harold A. Ellis - 1989 - History of Political Thought 10 (4):665-700.
  22.  1
    The philosophy of law.Immanuel Kant - 1887 - Clifton [N.J.]: A. M. Kelley.
    Kant's Master Work Published in 1797, The Philosophy of Law [Rechtslehre] stands as one of the most significant late works by the great Prussian philosopher. Though he lived in an atmosphere of political and social repression, it is evident that Kant was sensitive to the revolutionary spirit that was spreading throughout Europe in the wake of Napoleon's armies. Claiming that man is born with reason and an innate desire for freedom, he argued that the union of these natural gifts (...)
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  23.  28
    A commentary and review of Montesquieu's spirit of laws: prepared for press from the original.Comte Antoine Louis Claude Destutt de Tracy - 1811 - Clark, N.J.: Lawbook Exchange. Edited by Jean-Antoine-Nicolas Caritat Condorcedet, Helvétius & Thomas Jefferson.
    BOOK I. OF LAWS IN GENERAL. Positive laws oughtto be consequenft of the laws of nature: this is the spirit of laws. MONTESQ_UIEU'S SPIRIT OF LAWS. ...
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  24.  37
    Hegel and the Spirit of Comedy.Stephen C. Law - 2000 - Proceedings of the Hegel Society of America 14:113-130.
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  25.  18
    Chapter 1. The Spirit of the Laws.Biancamaria Fontana - 2008 - In Montaigne's Politics: Authority and Governance in the Essais. Princeton University Press. pp. 26-44.
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  26.  40
    The "political body" in the Spirit of the laws of Montesquieu.Denis de Casabianca - 2007 - Trans/Form/Ação 30 (2):23-32.
    Cet article cherche à déterminer les usages de l’expression « corps politique » dans L’Esprit des lois, pour préciser le regard que Montesquieu porte sur la réalité politique, et comment il entend poser son questionnement par rapport à la tradition contractualiste et jusnaturaliste. Dans les rapports qui existent entre les différents « corps politiques », se joue l’unité du « corps politique ».La monarchie modérée ne saurait exister sans une bonne composition des puissances.
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  27. Republican readings of Montesquieu: The Spirit of The Laws in the Dutch republic.W. Velema - 1997 - History of Political Thought 18 (1):43-63.
  28. Liberty and the Normative Force of the Law in Montesquieu’s The Spirit of the Laws.Cory Wimberly - 2010 - Minerva - An Internet Journal of Philosophy 14:36-65.
    The aim of this essay is explore what demands living in liberty places on citizens in Montesquieu’s The Spirit of the Laws. In contrast to the ideas of liberty from many of the thinkers that were to follow him, Montesquieu’s notion of liberty requires that citizens subject themselves to the regulative relationships required by his normative conception of the law. For Montesquieu, living in liberty is not just a situation in which one avoids what the law forbids and is (...)
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  29.  13
    The Spirit of the Common Law. [REVIEW]Frank Thilly - 1922 - Philosophical Review 31 (6):606-610.
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  30.  10
    The spirit of ethical life as syllogism.Anna Katsman - forthcoming - Philosophy and Social Criticism.
    In this essay, I take on the problem of how to explain the socio-historical dimension of practical reason in Hegel. In contrast to many contemporary socio-historical readings of Hegel, I claim that a logical concept of spirit frames Hegel’s account of the historical process through which human beings have come to know their practical agency as actualized in institutional relations of mutual recognition. On my reading, Hegel conceptualizes each shape in the ‘Spirit’ chapter of his Phenomenology of (...) as syllogistically working out, practically and institutionally, how to mediate the demands of individual self-determination with the universal laws and customs of the community. At the same time, logical form doesn’t determine historical development, because the content of individuality, universality, and their mediation is earned only through historical experience. (shrink)
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  31.  44
    Montesquieu's Philosophy of Liberalism: A Commentary on the Spirit of the Laws.Thomas L. Pangle - 1973 - Chicago,: University of Chicago Press.
    Pangle brings to light Montesquieu's rethinking of the philosophical groundwork of liberalism, showing how The Spirit of the Laws enlarges and enriches the liberal conception of natural right by means of a new appeal to History as the ...
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  32.  26
    The early Rousseau’s egalitarian feminism: a philosophical convergence with Madame Dupin and ‘The Critique of the Spirit of the Laws’.Eileen Hunt Botting - 2017 - History of European Ideas 43 (7):732-744.
    ABSTRACTFeminists have long criticized Rousseau for his patriarchal political theory. But when his lesser-known writings on women from the 1740s are taken into account, including a nearly 900-page manuscript critiquing Montesquieu from a feminist perspective, we see how the early Rousseau robustly converged in feminist ideas with his employer Madame Louise Dupin, before he gradually diverged from this egalitarian school of thought over the course of the 1750s. I add to the evidence of the early Rousseau’s egalitarian response to ‘the (...)
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  33.  21
    Review. Roman law. The spirit of Roman law. A Watson.D. E. L. Johnston - 1996 - The Classical Review 46 (2):292-294.
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  34.  11
    Montesquieu and the despotic ideas of Europe: an interpretation of the Spirit of the laws.Vickie B. Sullivan - 2017 - London: University of Chicago Press.
    Montesquieu is famous as a tireless critic of despotism, which he associates overtly with Asia and the Middle East and not with the apparently more moderate Western models of governance found throughout Europe. However, Vickie B. Sullivan argues that a creaful reading of Montesquieu's enormously influential The Spirit of the Law reveals the surprising result that he recognizes that Europe itself is susceptible to despotic practices - and that the threat emanates not from the East but rather from certain (...)
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  35.  14
    The 'spirit' and the 'letter' of the moral law: Text and commentary in the hermeneutics of German idealism, I.Vladimir Milisavljevic - 2009 - Filozofija I Društvo 20 (3):143-157.
    The purpose of this paper is to shed light on different aspects of the hermeneutical problem in post-Kantian philosophical 'constellation'. In this domain, the problem of the relationship between the text and its commentary is theorized in terms of the antithesis between 'Spirit' and 'Letter', which clearly has religious roots. Therefore, the first part of the paper examines the historical origins of this antithesis, as well as its application in philosophical discussions which developed by the end of the 18th (...)
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  36.  65
    The Tragedy of Law: Gyges in Herodotus and Plato.Michael Davis - 2000 - Review of Metaphysics 53 (3):635 - 655.
    THE SECOND BOOK OF PLATO’S REPUBLIC begins with a spirited outburst. Glaucon, not satisfied with Socrates’ arguments proving the goodness of justice in book 1, demands a new proof. At once deeply tempted and deeply repelled by the life of injustice, he wishes to be purged of his longing for tyranny and, accordingly, wants Socrates to show that justice itself, by itself, is good, that is, that justice is not simply a necessary evil, something good by law or nomos but (...)
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  37.  31
    The Protestant Ethic and the Spirit of Capitalism: With Other Writings on the Rise of the West.Max Weber (ed.) - 2008 - Oxford University Press USA.
    For more than 100 years, The Protestant Ethic and the Spirit of Capitalism has set the parameters for the debate over the origins of modern capitalism. Now more timely and thought-provoking than ever, this esteemed classic of twentieth-century social science examines the deep cultural "frame of mind" that influences work life to this day in northern America and Western Europe. Stephen Kalberg's internationally acclaimed translation captures the essence of Weber's style as well as the subtlety of his descriptions and (...)
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  38.  12
    The Sources of Wealth and Future of the Constitution in The Spirit of the Laws: The Implicit Contrast Between Eighteenth-Century England and the Late Roman Republic.Ryo Sadamori - 2023 - Revue D’Études Benthamiennes 24.
    The most famous chapter of Montesquieu’s _ The Spirit of the Laws _ (1748), Book XI, Chapter 6, 'On the constitution of England,' was an important i nspiration to the creators of modern constitutions, to which they often referred. However, as a result of scholarly focus on the political institutions discussed in this book, Montesquieu’s economic analysis has been woefully neglected. In order to correct this scholarly imbalance, this paper will elucidate the essential significance of Montesquieu’s comparison between the (...)
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  39. The breath of the spirit in the church: The sensus fidelium and canon law [Book Review].Brian Lucas - 2017 - The Australasian Catholic Record 94 (2):246.
    Lucas, Brian Review of: The breath of the spirit in the church: The sensus fidelium and canon law, by Anthony Ekpo, Strathfield, NSW: St Pauls, 2014, pp. 260, paperback, $24.95.
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  40.  60
    Kantian Space, Supersubstantivalism, and the Spirit of Spinoza.James Messina - 2014 - Kant Yearbook 6 (1).
    In the first edition of Concerning the Doctrine of Spinoza in Letters to Mendelssohn, Jacobi claims that Kant’s account of space is “wholly in the spirit of Spinoza”. In the first part of the paper, I argue that Jacobi is correct: Spinoza and Kant have surprisingly similar views regarding the unity of space and the metaphysics of spatial properties and laws. Perhaps even more surprisingly, they both are committed to a form of parallelism. In the second part of the (...)
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  41. Moral education and the spirited part of the soul in Plato's laws.Joshua Wilburn - 2013 - Oxford Studies in Ancient Philosophy 45:63.
    In this paper I argue that although the Republic’s tripartite theory of the soul is not explicitly endorsed in Plato’s late work the Laws, it continues to inform the Laws from beneath the surface of the text. In particular, I argue that the spirited part of the soul continues to play a major role in moral education and development in the Laws (as it did in earlier texts, where it is characterized as reason’s psychic ‘ally’). I examine the programs of (...)
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  42.  5
    A commentary and review of Montesquieu's Spirit of laws.Destutt de Tracy & Antoine Louis Claude - 1811 - New York,: B. Franklin. Edited by Jean-Antoine-Nicolas de Caritat Condorcet, Helvétius & Thomas Jefferson.
    Reprint of the first edition. This incisive critique was written around 1807 by Tracy [1754-1836], a French philosopher and path-breaking psychologist who was a friend of Jefferson [1743-1826]. Jefferson saw the Commentary when it was still a manuscript and was so impressed that he took pains to have it printed. He even helped with the translation and corrected the page proofs. Although the translation was published anonymously, we can identify the author and translators through a letter by Jefferson dated January (...)
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  43. Montesquieu's Philosophy of Liberalism: A Commentary on the Spirit of the Laws.Thomas L. Pangle - 1974 - Political Theory 2 (4):450-453.
  44. The Law, the Whole Christ, and the Spirit of Love: Grace as a Trinitarian Gift in Augustine’s Theology.S. Brian Daley - 2010 - Augustinian Studies 41 (1):123-144.
     
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  45.  29
    Realism about the Nature of Law.Torben Spaak - 2017 - Ratio Juris 30 (1):75-104.
    Legal realism comes in two main versions, namely American legal realism and Scandinavian legal realism. In this article, I shall be concerned with the Scandinavian realists, who were naturalists and non-cognitivists, and who maintained that conceptual analysis is a central task of legal philosophers, and that such analysis must proceed in a naturalist, anti-metaphysical spirit. Specifically, I want to consider the commitment to ontological naturalism and non-cognitivism on the part of the Scandinavians and its implications for their view of (...)
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  46. Punishment and the Spirit of Democracy.George Kateb - 2007 - Social Research: An International Quarterly 74 (2):269-306.
    This paper follows Jeremy Bentham in holding that because punishment, even when not corporal, is pain, the state administration of punishment is inherently evil. Too many defenders of punishment see the deliberate infliction of pain as not evil at all, but rather as the justice due the criminal. The paper proposes that punishment is the lesser and necessary evil, and not justice, which is a positive good free of evil. The US Constitution teaches the proper democratic attitude towards punishment, which (...)
     
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  47.  39
    Realism about the Nature of Law.Torben Spaak - 2016 - Ratio Juris 29 (4).
    Legal realism comes in two main versions, namely American legal realism and Scandinavian legal realism. In this article, I shall be concerned with the Scandinavian realists, who were naturalists and non-cognitivists, and who maintained that conceptual analysis is a central task of legal philosophers, and that such analysis must proceed in a naturalist, anti-metaphysical spirit. Specifically, I want to consider the commitment to ontological naturalism and non-cognitivism on the part of the Scandinavians and its implications for their view of (...)
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  48. Punishment and the Spirit of Democracy.George Kateb - 2007 - Social Research: An International Quarterly 74:269-306.
    This paper follows Jeremy Bentham in holding that because punishment, even when not corporal, is pain, the state administration of punishment is inherently evil. Too many defenders of punishment see the deliberate infliction of pain as not evil at all, but rather as the justice due the criminal. The paper proposes that punishment is the lesser and necessary evil, and not justice, which is a positive good free of evil. The US Constitution teaches the proper democratic attitude towards punishment, which (...)
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  49. Montesquieu's Philosophy of Liberalism : A Commentary on the Spirit of the Laws.Thomas L. Pangle - 1977 - Revue de Métaphysique et de Morale 82 (3):421-421.
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  50. The grammar of criminal law: American, comparative, and international.George P. Fletcher - 2007 - New York: Oxford University Press.
    The Grammar of Criminal Law is a 3-volume work that addresses the field of international and comparative criminal law, with its primary focus on the issues of international concern, ranging from genocide, to domestic efforts to combat terrorism, to torture, and to other international crimes. The first volume is devoted to foundational issues. The Grammar of Criminal Law is unique in its systematic emphasis on the relationship between language and legal theory; there is no comparable comparative study of legal language. (...)
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