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1 — 50 / 209
  1. Minority Rights in Asia: A Comparative Legal Analysis.Joshua Castellino & Elvira Domínguez Redondo - 2006 - Oxford University Press.
    Minority rights law has been an important axis for the evolution of international law itself. While much has been written about minority rights regimes in Europe, there is very little information available with regards to Asian experiences. Countries in Asia, with their diverse populations, are struggling with constructing legal systems that will deliver on the promise of equal rights to all its citizens. This book evaluates these attempts in four Asian states: India, China, Malaysia and Singapore by examining the theory (...)
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  2. Law and Interpretation: Essays in Legal Philosophy.Andrei Marmor (ed.) - 1995 - Oxford University Press.
    Interest in interpretation has emerged in recent years as one of the main intellectual paradigms of legal scholarship. This collection of new essays in law and interpretation provides the reader with an overview of this important topic, written by some of the most distinguished scholars in the field. The book begins with interpretation as a general method of legal theorizing, and thus provides critical assessment of the recent "interpretative turn" in jurisprudence. Further chapters include essays on the nature of interpretation, (...)
  3. The Ethics of Total Confinement: A Critique of Madness, Citizenship, and Social Justice.Bruce A. Arrigo, Heather Y. Bersot & Brian G. Sellers - 2011 - Oxford University Press.
    In three parts, this volume in the AP-LS series explores the phenomena of captivity and risk management, guided and informed by the theory, method, and policy of psychological jurisprudence. The authors present a controversial thesis that demonstrates how the forces of captivity and risk management are sustained by several interdependent "conditions of control." These conditions impose barriers to justice and set limits on citizenship for one and all. Situated at the nexus of political/social theory, mental health law and jurisprudential ethics, (...)
  4. Derrida and Legal Philosophy.Peter Goodrich (ed.) - 2008 - Palgrave-Macmillan.
    From early in his career Jacques Derrida was intrigued by law. Over time, this fascination with law grew more manifest and he published a number of highly influential analyses of ethics, justice, violence and law. This book brings together leading scholars in a variety of disciplines to assess Derrida's importance for and impact upon legal studies.
  5. Law's Interior: Legal and Literary Constructions of the Self.Kevin Crotty - 2001 - Cornell University Press.
    The quest for autonomy : modern jurisprudence and the Oresteia -- Dilemmas of the self : law and confession -- Rationality and imagination in the law : Jürgen Habermas and Wallace Stevens.
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  6. Readings in the Philosophy of Law.John Arthur & William H. Shaw (eds.) - 1993 - Pearson Prentice Hall.
    The adversary system and the practice of law -- The rule of law -- The moral force of law -- Statutes -- Precedents -- Constitutional interpretation -- Natural law and legal positivism: classical perspectives -- Formalism and legal realism -- Morality and the law -- International law -- Law and economics -- The justification of punishment -- The rights of defendants -- Sentencing -- Criminal responsibility -- Compensating for private harms: the law of torts -- Private ownership: the law of (...)
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  7. Australian Legal Studies: A First Course.Derek W. Chantler - 1971 - New York: Wiley.
  8. Basic Concepts of Legal Thought.George P. Fletcher - 1996 - Oxford University Press.
    In this one-of-a-kind text, George P. Fletcher, a renowned legal theorist, offers a provocative yet accessible overview of the basics of legal thought. The first section of the book is designed to introduce the reader to fundamental concepts such as the rule of law and deciding cases under the law. It continues with an analysis of the values of justice, desert, consent, and equality, as they figure into our judgment of legal cultures in terms of soundness and legitimacy. The final (...)
  9. Moral Reasoning and Truth: An Essay in Philosophy and Jurisprudence.Thomas D. Perry - 1976 - Clarendon Press.
  10. Frontiers of Legal Theory.Richard A. Posner - 2001 - Harvard University Press.
    The book carries on Posner's project of analyzing the law as an institution of social governance.
  11. The Rise of Modern Judicial Review: From Judicial Interpretation to Judge-Made Law.Christopher Wolfe - 1994 - Rowman & Littlefield Publishers.
    'A clear, readable and fair account of the development of judicial review.'-Ashley Montagu.
  12. The Moral Limits of the Criminal Law: Offense to Others.Joel Feinberg - 1984 - Oxford University Press.
    In this volume, Feinberg focuses on the meanings of "interest," the relationship between interests and wants, and the distinction between want-regarding and ideal-regarding analyses on interest and hard cases for the applications of the concept of harm. Examples of the "hard cases" are harm to character, vicarious harm, and prenatal and posthumous harm. Feinberg also discusses the relationship between harm and rights, the concept of a victim, and the distinctions of various quantitative dimensions of harm, consent, and offense, including the (...)
  13. Law and Science.Helen Reece (ed.) - 1998 - Oxford University Press.
    This book is the first volume in the series and explores the relationship of law and science, with a particular focus on the role of science as evidence.
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  14. Understanding and Explaining Adjudication.William Lucy - 1999 - Oxford University Press.
    This is the first book that attempts to analyze and define the metholodology and values of contemporary accounts of adjudication, which can be divided into orthodox philosophies on the one hand and heretical accounts on the other. The author offers an incisive and original analysis of how these supposedly incompatible accounts actually differ.
  15. Abuse of Process and Judicial Stays of Criminal Proceedings.Andrew L.-T. Choo - 2008 - Oxford University Press UK.
    The criminal courts have a power to stop a prosecution from proceeding altogether where it would be inappropriate for it to continue. This power to stay proceedings which constitute an abuse of the process of the court has assumed great practical significance and is potentially applicable in many situations. There is at least one consideration of the abuse of process doctrine in virtually every major criminal trial today.This fully updated second edition of Abuse of Process and Judicial Stays of Criminal (...)
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  16. From Social Justice to Criminal Justice: Poverty and the Administration of Criminal Law.William C. Heffernan & John Kleinig (eds.) - 2000 - Oxford University Press USA.
    The economically deprived come into contact with the criminal court system in disproportionate number. This collection of original, interactive essays, written from a variety of ideological perspectives, explores some of the more troubling questions and ethical dilemmas inherent in this situation. The contributors, including well-known legal and political philosophers Philip Pettit, George Fletcher, and Jeremy Waldron, examine issues such as heightened vulnerability, indigent representation, and rotten social background defenses.
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  17. Crime and Punishment: Philosophic Explorations.Michael J. Gorr & Sterling Harwood - 1995 - Wadsworth Publishing Company.
    This is the only anthology that focuses exclusively on the two central issues in the philosophy of criminal law: What kinds of behavior should society criminalize?; and What should society do with those who engage in such behavior?
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  18. Punishment, Communication, and Community.R. A. Duff - 2001 - Oup Usa.
    Part of the Studies in Crime and Public Policy series, this book, written by one of the top philosophers of punishment, examines the main trends in penal theorizing over the past three decades. Duff asks what can justify criminal punishment, and then explores the legitimacy of actual practices by examining what would count as adequate justification for them. Duff argues that a "communicative conception of punishment," which he presents as a third way between consequentialist and retributive theories, offers the most (...)
  19. Francis Bacon.Daniel R. Coquillette - 1992 - Stanford University Press.
    This is the first modern book to describe Francis Bacon's jurisprudence. He has long been famous as a scientist, philosopher, politician and literary giant, but his career as one of England's greatest lawyers and jurists has been largely overlooked. Bacon's major contribution to Anglo-American jurisprudence is presented in such a way as to be suitable to specialists and non-specialists alike. The purpose is to restore Bacon to his rightful place as England's first true critical and analytical jurist, and to describe (...)
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  20. The Philosophy of Law: An Introduction to Jurisprudence.Jeffrie G. Murphy - 1984 - Rowman & Allanheld.
  21. Hegel's Philosophy of Right: Subjectivity and Ethical Life.David James - 2007 - Continuum.
    Offers a re-assessment and overview of Hegel's philosophy of right, a key element of his political thought.
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  22. The Blackwell Guide to the Philosophy of Law and Legal Theory.Martin P. Golding & William A. Edmundson (eds.) - 2004 - Wiley-Blackwell.
  23. Practical Rules: When We Need Them and When We Don’T.Alan H. Goldman (ed.) - 2001 - Cambridge University Press.
    Rules proliferate; some are kept with a bureaucratic stringency bordering on the absurd, while others are manipulated and ignored in ways that injure our sense of justice. Under what conditions should we make exceptions to rules, and when should they be followed despite particular circumstances? The two dominant models in the literature on rules are the particularist account and that which sees the application of rules as normative. Taking a position that falls between these two extremes, Alan Goldman provides a (...)
  24. Natural Law and Justice.Lloyd L. Weinreb - 1987 - Harvard University Press.
    "Human beings are a part of nature and apart from it." The argument of Natural Law and Justice is that the philosophy of natural law and contemporary theories about the nature of justice are both efforts to make sense of the fundamental paradox of human experience: individual freedom and responsibility in a causally determined universe. Professor Weinreb restores the original understanding of natural law as a philosophy about the place of humankind in nature. He traces the natural law tradition from (...)
  25. Hobbesian Internationalism: Anarchy, Authority and the Fate of Political Philosophy.Silviya Lechner - 2019 - London, Vereinigtes Königreich: Palgrave Macmillan.
    This book sets out to re-examine the foundations of Thomas Hobbes’s political philosophy, and to develop a Hobbesian normative theory of international relations. Its central thesis is that two concepts – anarchy and authority – constitute the core of Hobbes's political philosophy whose aim is to justify the state. The Hobbesian state is a type of authority (juridical, public, coercive, and supreme) which emerges under conditions of anarchy ('state of nature'). A state-of-nature argument makes a difference because it justifies authority (...)
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  26. International Organization.Volker Rittberger - 2011 - Palgrave-Macmillan.
    International organizations such as the UN, EU and IMF play an increasingly important role in international politics. Fully revised and updated, this broad-ranging text provides a systematic theoretical and empirical introduction to the structure, policies and performance of international organizations.
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  27. A Dictionary of Legal Theory.Brian Bix - 2004 - Oxford University Press.
    Modern legal theory contains a wide range of approaches and topics: from economic analysis of law to feminist legal theory to traditional analytical legal philosophy to a range of theories about justice. This healthy variety of jurisprudential work has created a problem: students and theorists working in one tradition may have difficulty understanding the concepts and terminology of a different tradition. This book works to make terminology and ways of thinking accessible. This dictionary covers topics from 'the autonomy of law' (...)
  28. Governing Biobanks: Understanding the Interplay Between Law and Practice.Jane Kaye (ed.) - 2012 - Hart.
    Biobanks are proliferating rapidly worldwide because they are powerful tools and organisational structures for undertaking medical research. By linking samples to data on the health of individuals, it is anticipated that biobanks will be used to explore the relationship between genes, environment and lifestyle for many diseases, as well as the potential of individually-tailored drug treatments based on genetic predisposition. However, they also raise considerable challenges for existing legal frameworks and research governance structures. This book critically examines the current governance (...)
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  29. Jurisprudence.J. G. Riddall - 1999 - Lexisnexis.
    This new edition of Jurisprudence brings the book fully up to date and incorporates the following new topics: Utilitarianism, Scandinavian realism, Feminism, Liberalism, the New Critics, and the Hart v Dworkin debate. It also includes a separate chapter on Dworkin's Law's Empire, and the previous chapter on Rights has been substantially revised, to make this a useful and highly readable addition to the student's library.
  30. 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 : mind and cognition : (...)
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  31. Criminally Ignorant: Why the Law Pretends We Know What We Don't.Alexander Sarch - 2019 - New York, NY, USA: Oup Usa.
    The willful ignorance doctrine says defendants should sometimes be treated as if they know what they don't. This book provides a careful defense of this method of imputing mental states. Though the doctrine is only partly justified and requires reform, it also demonstrates that the criminal law needs more legal fictions of this kind. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing (...)
  32. Contract and Organisation: Legal Analysis in the Light of Economic and Social Theory.Terence Daintith & Gunther Teubner (eds.) - 1986 - W. De Gruyter.
    Sociological Jurisprudence and Legal Economics: Risks and Rewards Terence Daintith gunther teubner Firenze Introduction Contract and Organisation - these ...
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  33. Natural Law and Natural Rights.John Finnis - 1979 - Oxford University Press.
    This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to ...
  34. Strange Multiplicity: Constitutionalism in an Age of Diversity.James Tully - 1995 - Cambridge University Press.
    Constitutionalism in an Age of Diversity James Tully. these ambassadors from Haida Gwaii conciliate the goods which appear irreconcilable to us? To discover the answer, and learn our way around on this strange common ground, we need to ...
  35. Understanding Justice: An Introduction to Ideas, Perspectives, and Controversies in Modern Penal Theory.Barbara Hudson - 2003 - Open University Press.
    * Why should offenders be punished - what should punishments be designed to achieve? * Why has imprisonment become the normal punishment for crime in modern industrial societies? * What is the relationship between theories of punishment and the actual penalties inflicted on offenders? This revised and updated edition of a highly successful text provides a comprehensive account of the ideas and controversies that have arisen within law, philosophy, sociology and criminology about the punishment of criminals. Written in a clear, (...)
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  36. The Moral Decision: Right and Wrong in the Light of American Law.EDMOND CAHN - 1955 - Indiana University Press.
    Originally published in 1955, The Moral Decision remains today a fresh, lively, and literate quest for moral guides in the American system of law. Each topic is introduced with a real courtroom case followed by a summary of the uncontroverted facts, the issues before the court, the judge's opinion, and Edmond Cahn's objective and penetrating discussion of the ethical issues involved. The cases chosen operate as prisms, revealing an entire spectrum of moral forces—personal ambitions, group standards, lusts, sufferings, and ideals. (...)
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  37. Patterns of American Jurisprudence.Neil Duxbury - 1995 - Oxford University Press UK.
    This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has (...)
  38. Legal Reason: The Use of Analogy in Legal Argument.Lloyd L. Weinreb - 2005 - Cambridge University Press.
    Legal Reason describes and explains the process of analogical reasoning, which is the distinctive feature of legal argument. It challenges the prevailing view, urged by Edward Levi, Cass Sunstein, Richard Posner and others, which regards analogical reasoning as logically flawed or as a defective form of deductive reasoning. It shows that analogical reasoning in the law is the same as the reasoning used by all of us routinely in everyday life and that it is a valid form of reasoning derived (...)
  39. Harsh Justice: Criminal Punishment and the Widening Divide Between America and Europe.James Q. Whitman - 2003 - Oxford University Press.
    Why is American punishment so cruel? While in continental Europe great efforts are made to guarantee that prisoners are treated humanely, in America sentences have gotten longer and rehabilitation programs have fallen by the wayside. Western Europe attempts to prepare its criminals for life after prison, whereas many American prisons today leave their inhabitants reduced and debased. In the last quarter of a century, Europe has worked to ensure that the baser human inclination toward vengeance is not reflected by state (...)
  40. Legal and Political Obligation: Classic and Contemporary Texts and Commentary.R. George Wright - 1992 - University Press of America.
    This book focuses upon the perennial question of the existence and nature of an obligation to obey the law. Leading writers have, at one time or another, emphasized considerations such as gratitude, 'divine ordering, ' prudence, contract, autonomy, and utility in seeking to justify, or to deny any justification for, some sort of obligation to obey the positive law. The book provides relevant selections from a sampling of the historical approaches to legal obligation taken by writers such as Plato, Augustine, (...)
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  41. The Problems of Jurisprudence.Richard A. Posner - 1990 - Harvard University Press.
    In this book, one of our country's most distinguished scholar-judges shares with us his vision of the law.
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  42. Proportionality Principles in American Law: Controlling Excessive Government Actions.E. Thomas Sullivan - 2009 - Oxford University Press.
    Across a wide range of legal contexts, E. Thomas Sullivan and Richard S. Frase identify three basic ways that government measures and private remedies have been ...
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  43. Justifying Law: The Debate Over Foundations, Goals, and Methods.Raymond A. Belliotti - 1992 - Temple University Press.
    Author note: Raymond A. Belliotti is Professor of Philosophy at State University of New York at Fredonia.
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  44. Laws and Societies in Global Contexts: Contemporary Approaches.Eve Darian-Smith - 2013 - Cambridge University Press.
    This text seeks to situate sociolegal studies in a global context.
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  45. 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'.
  46. Law and Irresponsibility: On the Legitimation of Human Suffering.Scott Veitch - 2007 - Routledge-Cavendish.
    It is commonly understood that in its focus on rights and obligations law is centrally concerned with organising responsibility. In defining how obligations are created, in contract or property law, say, or imposed, as in tort, public, or criminal law, law and legal institutions are usually seen as society’s key mode of asserting and defining the content and scope of responsibilities. This book takes the converse view: legal institutions are centrally involved in organising irresponsibility. Particularly with respect to the production (...)
  47. Criminal Policy Transition.Penny Green & Andrew Rutherford (eds.) - 2000 - Hart.
    In this sense the collection offers a model of how international collaborative work should proceed. The book is the product of a workshop held at the International Institute for the Sociology of Law (IISL) in Onati, Spain.
  48. Judicial Activism: Bulwark of Freedom or Precarious Security?Christopher Wolfe - 1997 - Rowman & Littlefield Publishers.
    In this revised and updated edition of a classic text, one of America's leading constitutional theorists presents a brief but well-balanced history of judicial review and summarizes the arguments both for and against judicial activism within the context of American democracy. Christopher Wolfe demonstrates how modern courts have used their power to create new "rights" with fateful political consequences and he challenges popular opinions held by many contemporary legal scholars. This is important reading for anyone interested in the role of (...)
  49. The Legal Philosophy of H. L. A. Hart: A Critical Appraisal.Michael Martin - 1987 - Temple University Press.
  50. Revolutions in Law and Legal Thought.Zenon Bankowski - 1991 - Mercat Press Books.
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