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  1. Intentions in Artifactual Understandings of Law.Kenneth M. Ehrenberg - 2022 - In Luka Burazin, Kenneth Einar Himma, Corrado Roversi & Paweł Banaś (eds.), The Artifactual Nature of Law. Cheltenham: Edward Elgar. pp. 16-36.
    The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...)
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  2. Waltman, Max. Pornography: The Politics of Legal Challenges.Mary Kate McGowan - 2023 - Ethics 133 (4):653-658.
  3. Law, Coercion and Folk Intuitions.Lucas Miotto, Guilherme F. C. F. Almeida & Noel Struchiner - 2023 - Oxford Journal of Legal Studies 43 (1):97-123.
    In discussing whether legal systems are necessarily coercive, legal philosophers usually appeal to thought experiments involving angels or other morally driven beings who need no coercion to organise their social lives. Such appeals have invited criticism. Critics have not only challenged the relevance of such thought experiments to our understanding of legal systems; they have also argued that, contrary to the intuitions of most legal philosophers, the ‘man on the Clapham Omnibus’ would not hold that there is law in a (...)
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  4. Introduction.Miroslav Imbrisevic - 2023 - In Miroslav Imbrišević (ed.), Sport, Law and Philosophy: The Jurisprudence of Sport. New York, NY: Routledge.
    Most people will not be familiar with the term ‘jurisprudence of sport’ (JOS). The idea is that looking at sport through the eyes of a legal scholar might illuminate our understanding of certain problems in sport (and vice versa). The term was first introduced in 2011, in the title of a paper by Mitchell N. Berman, who is also a contributor to this book. In the present volume we have contributions from around the world: Italy, Spain, Germany, Australia, Great Britain, (...)
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  5. Law as a Test of Conceptual Strength.Matthieu Queloz - forthcoming - In Veronica Rodriguez-Blanco, Daniel Peixoto Murata & Julieta A. Rabanos (eds.), Bernard Williams on Law and Jurisprudence: From Agency and Responsibility to Methodology. Oxford: Hart.
    In ‘What Has Philosophy to Learn from Tort Law?’, Bernard Williams reaffirms J. L. Austin’s suggestion that philosophy might learn from tort law ‘the difference between practical reality and philosophical frivolity’. Yet while Austin regarded tort law as just another repository of time-tested concepts, on a par with common sense as represented by a dictionary, Williams argues that ‘the use of certain ideas in the law does more to show that those ideas have strength than is done by the mere (...)
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  6. Constructivist Facts as the Bridge Between Is and Ought.Jaap Hage - 2022 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 36 (1):53-81.
    This article describes how the facts in social reality take an intermediate position between objective facts and purely subjective ‘facts’. In turn, these social facts can be subdivided into constructivist and non-constructivist facts. The defining difference is that non-constructivist facts are completely determined by an approximate consensus between the members of a social group, while constructivist facts are founded in such a consensus but can nevertheless be questioned. Ought fact are such constructivist facts. Because they are founded in social reality, (...)
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  7. Legislative technique.Habil Gurbanov - 2022 - Metafizika 5 (4):129-139.
    Legislative technique encompasses a system of methods and means associated with the preparation of draft legal acts in the most perfect form in terms of structure and form. In the legislative technique, not only national, but also the established legal practice of foreign countries for hundreds of years is widely used. The special legal means of legislative technique include the following: 1) legal language; 2) legal structures; 3) the procedure for registering a legislative act, the process of lawmaking; 4) systematization (...)
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  8. Anti-discrimination jurisprudence: US v. Carrillo-Lopez.Kevin Jobe - 2022 - International Journal of Discrimination and the Law 1 (August 2022):1-8.
    In August 2021, a U.S. Federal District Court ruled that §1326 of the Immigration Naturalization Act (INA) which criminalizes illegal reentry violated the Equal Protection clause of the Fifth Amendment because it has disparate impact upon and discriminatory intent against Mexican and Latinx individuals. While §1326 has been unsuccessfully challenged in numerous other federal courts, US v. Carrillo-Lopez stands out in its originality of interpretation regarding the discriminatory intent of a federal statute. In this case commentary, the reasoning of the (...)
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  9. Legal causation.Thomas Byrne - 2022 - Jurisprudence 14 (1):55-75.
    I propose a new formalist account of legal (/proximate) causation – one that holds legal causation to be a matter of amoral, descriptive fact. The account starts with a metaphysical relation, akin to but distinct from common-sense causation, and it argues that legal causation aligns exactly with that relation; it is unified and principled.
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  10. The Theoretical Logic and Contemporary Value of Legal Philosophy in Hegel’s Critique of Legal Philosophy.芳 刘 - 2022 - Advances in Philosophy 11 (2):149-153.
  11. Towards a Theatrical Jurisprudence.Marett Leiboff - 2019 - New York, NY: Routledge.
    This book brings the insights of theatre theory to law, legal interpretation and the jurisprudential to reshape law as a practice of response and responsibility. Confronting a Baconian antitheatrical legality embedded in its jurisprudences and interpretative practices, the book turns to theatre theory and practice to ground a theatrical jurisprudence, taking its cues from Han-Thies ¿Lehmann¿s conception of the post-dramatic theatre and the early work of theatre visionary Jerzy Grotowski. It asks law to move beyond an imagined ideal grounded in (...)
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  12. Sociological Jurisprudence: Juristic Thought and Social Inquiry.Roger Cotterrell - 2017 - New York: Routledge.
    This book presents a unified set of arguments about the nature of jurisprudence and its relation to the jurist's role. It explores contemporary challenges that create a need for social scientific perspectives in jurisprudence, and it shows how sociological resources can and should be used in considering juristic issues. Its overall aim is to redefine the concept of sociological jurisprudence and outline a new agenda for this. Supporting this agenda, the book elaborates a distinctive juristic perspective that recognises law's diversity (...)
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  13. Bentham as a Theorist of the Rule of Law and His Idea of Universal Interest.Michihiro Kaino - 2022 - Ratio Juris 35 (1):55-70.
    Ratio Juris, Volume 35, Issue 1, Page 55-70, March 2022.
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  14. Postema and the Common Law Tradition.Michael Lobban - 2022 - Ratio Juris 35 (1):71-91.
    Ratio Juris, Volume 35, Issue 1, Page 71-91, March 2022.
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  15. A critique of strong Anti-Archimedeanism: metaethics, conceptual jurisprudence, and legal disagreements.Pablo A. Rapetti - 2022 - Synthese 200 (2):1-27.
    This paper is divided into two parts. In the first one I distinguish between weak and strong Anti-Archimedeanisms, the latter being the view that metaethics, just as any other discipline attempting to work out a second-order conceptual, metaphysical non-committed discourse about the first-order discourse composing normative practices, is conceptually impossible or otherwise incoherent. I deal in particular with Ronald Dworkin’s famous exposition of the view. I argue that strong Anti-Archimedeanism constitutes an untenable philosophical stance, therefore making logical space for the (...)
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  16. Escepticismo ante las reglas y pedigree democrático de la dificultad contramayoritaria.Sebastián Reyes Molina - 2021 - DOXA 1 (44):219-232.
    The counter majoritarian difficulty is one of the main objections against the judicial review. In this paper, this objection is analyzed from the standpoint of the norm formulation/norm distinction. By stressing the distinc- tion between norm formulations and norms, I claim that when judicial review prevents the application of a norm to an individual case the counter majoritarian difficulty objection does not hold.
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  17. Sobre derecho y averiguación de la verdad.Sebastián Reyes Molina - 2017 - DOXA 1 (40):317-336.
    In the field of Evidence Law the relation between truth and law has been a somewhat non- debated topic in the past years. It is a given that such a connection exists and, it is understood as the notion of the ascertainment of the truth of disputed questions of fact through legal evidence. The thesis that I have reconstructed in this paper has been presented by Prof. Jordi Ferrer who grounds the connection between truth and law in the role of (...)
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  18. Jurisprudence in a globalized world.Jorge Luis Fabra Zamora - 2020 - Cheltenham, UK: Edward Elgar Publishing.
    In this unique book, leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. Traditionally the central debates surrounding jurisprudence and legal theory are concerned with the elucidation of the particularities of state-law. This innovative book considers that this orthodox picture may no longer be tenable, given the increasing standardization of technologies, systems and information worldwide. -/- Split across four thematic parts, this timely book provides a broad (...)
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  19. Methodologies of Rule of Law Research: Why Legal Philosophy Needs Empirical and Doctrinal Scholarship.Sanne Taekema - 2020 - Law and Philosophy 40 (1):33-66.
    Rule of law is a concept that is regularly debated by legal philosophers, often in connection to discussion of the concept of law. In this article, the focus is not on the substance of the conceptual claims, but on the methodologies employed by legal philosophers, investigating seminal articles on the rule of law by Joseph Raz and Jeremy Waldron. I argue that their philosophical argumentations often crucially depend on empirical or legal doctrinal arguments. However, these arguments remain underdeveloped. I explore (...)
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  20. Reasonableness on the Clapham Omnibus: Exploring the outcome-sensitive folk concept of reasonable.Markus Kneer - 2022 - In P. Bystranowski, Bartosz Janik & M. Prochnicki (eds.), Judicial Decision-Making: Integrating Empirical and Theoretical Perspectives. Springer Nature. pp. 25-48.
    This paper presents a series of studies (total N=579) which demonstrate that folk judgments concerning the reasonableness of decisions and actions depend strongly on whether they engender positive or negative consequences. A particular decision is deemed more reasonable in retrospect when it produces beneficial consequences than when it produces harmful consequences, even if the situation in which the decision was taken and the epistemic circumstances of the agent are held fixed across conditions. This finding is worrisome for the law, where (...)
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  21. Methodenfrage der Rechtswissenschaft in China: Rückblick und Ausblick.Wei Feng - 2016 - In Yuanshi Bu (ed.), Juristische Methodenlehre in China und Ostasien. pp. 45-75.
    Die Disziplin, die als „Juristische Methodenlehre“ bezeichnet wird, ist gegenwärtig chinesischen Juristen nicht fremd, sie stammt aber ursprünglich aus dem deutschen Sprachraum. In der Literatur finden sich auch verwandte Ausdrücke wie „Juristische Methodologie“, „Juristische Methodik“ bzw.„Methodenlehre der Rechtswissenschaft“. Seit Anfang des 21. Jahrhunderts wurde ihre Rezeption in China durch zwei Übersetzungen gekennzeichnet, nämlich die „rechtswissenschaftliche Methodenlehre“ (faxue fangfalun) und die „rechtliche Methodenlehre“ (falü fangfalun). Neben der herkömmlichen Methodenlehre entwickelte sich auch eine jüngere Theorie der juristischen Argumentation, die die weltweite Aufmerksamkeit (...)
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  22. Debating Sociological Jurisprudence: A Reply.Roger Cotterrell - 2019 - Ratio Juris 32 (4):521-528.
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  23. How to Be a Transnational Jurist: Reflections on Cotterrell’s Sociological Jurisprudence.Sanne Taekema - 2019 - Ratio Juris 32 (4):509-520.
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  24. Thoughts on Sociological Jurisprudence: Juristic Thought and Social Inquiry(Roger Cotterrell).Mauro Zamboni - 2019 - Ratio Juris 32 (4):487-497.
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  25. Jurisprudential Methodology: Is Pure Interpretation Possible?Kevin Walton - 2013 - In Neutrality and Theory of Law. pp. 255-273.
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  26. Gerald Postema on ‘Genuinely Philosophical Jurisprudence’.Kevin Walton - 2017 - Jurisprudence 8 (3):604-608.
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  27. Vagueness and Law. Philosophical and Legal Perspectives.Geert Keil & Ralf Poscher - 2016 - In Geert Keil & Ralf Poscher (eds.), Vagueness and Law: Philosophical and Legal Perspectives. Oxford: Oxford University Press. pp. 1-20.
    Vague expressions are omnipresent in natural language. As such, their use in legal texts is virtually inevitable. If a law contains vague terms, the question whether it applies to a particular case often lacks a clear answer. One of the fundamental pillars of the rule of law is legal certainty. The determinacy of the law enables people to use it as a guide and places judges in the position to decide impartially. Vagueness poses a threat to these ideals. In borderline (...)
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  28. Vagueness and Law: Philosophical and Legal Perspectives.Geert Keil & Ralf Poscher (eds.) - 2016 - Oxford: Oxford University Press.
    Vague expressions are omnipresent in natural language. Their use in legal texts is inevitable. A law phrased in vague terms will often leave it indeterminate whether it applies to a particular case. This places the law at odds with legal values. One of the fundamental pillars of the rule of law is legal certainty. The determinacy of the law enables people to use it as a guide and allows judges make impartial decisions. Vagueness poses a threat to these ideals. In (...)
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  29. Why Originalism Needs Critical Theory: Democracy, Language, and Social Power.Annaleigh Curtis - 2015 - Harvard Journal of Law and Gender 38 (2):437-459.
    I argue here that the existence of hermeneutical injustice as a pervasive feature of our collective linguistic and conceptual resources undermines the originalist task at two levels: one procedural, one substantive. First, large portions of society were (and continue to be) systematically excluded from the process of meaning creation when the Constitution and its Amendments were adopted, so originalism relies on enforcement of a meaning that was generated through an undemocratic process. Second, the original meaning of some words in those (...)
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  30. 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 consistent with my (...)
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  31. 'Unable to Return' in the 1951 Refugee Convention: Stateless Refugees and Climate Change.Heather Alexander & Jonathan Simon - 2014 - Florida Journal of International Law 26 (3):531-574.
    Argues that it is not only a point of literal construction, but also inherent in the object and purpose of the 1951 Refugee Convention, that displaced stateless persons unable to return to their countries of former habitual residence may be eligible for refugee status even if unpersecuted. 'Unable to return' as it occurs in the clause following the semi-colon of 1(A)2 of the 1951 Refugee Convention must be understood as a term of art subject to appropriate canons of construction in (...)
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  32. Le choix de la méthode en jurisprudence.Luigi Bagolini - 1958 - Logique Et Analyse 1 (2):49.
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  33. The Politics of Jurisprudence: A Critical Introduction to Legal Philosophy, 2nd edition.Adrian Chan - 2005 - Contemporary Political Theory 4 (3):347-349.
  34. Access to Justice and the Public Interest in the Administration of Justice.Lucinda Vandervort - 2012 - University of New Brunswick Law Journal 63:124-144.
    The public interest in the administration of justice requires access to justice for all. But access to justice must be “meaningful” access. Meaningful access requires procedures, processes, and institutional structures that facilitate communication among participants and decision-makers and ensure that judges and other decision-makers have the resources they need to render fully informed and sound decisions. Working from that premise, which is based on a reconceptualization of the objectives and methods of the justice process, the author proposes numerous specific changes (...)
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  35. Empirical Uncertainty and Legal Decision-making.Lucinda Vandervort - 1985 - In Eugenio Bulygin, Jean Louis Gardies & Ilkka Nilniluoto (eds.), LAW AND MODERN FORMS OF LIFE, with an introduction by Michael D. Bayles, volume 1, Law and Philosophy Library, pp. 251-261. D. Reidel Publishing.
    In this paper I argue that the rationality of law and legal decision making would be enhanced by a systematic attempt to recognize and respond to the implications of empirical uncertainty for policy making and decision making. Admission of uncertainty about the accuracy of facts and the validity of assumptions relied on to make inferences of fact is commonly avoided in law because it raises the spectre of paralysis of the capacity to decide issues authoritatively. The roots of this short-sighted (...)
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  36. Li xiang guo yi hou: zheng zhi zhe xue yu fa xue lun zha = Essays on political philosophy and jurisprudence.Su Gu - 2006 - Nanjing Shi: Jiangsu ren min chu ban she.
    本书选辑了作者关于政治法律哲学的论文和政论,围绕民主、法治、公民权利和人文知识分子的良知等当代热点问题,联系中国的现实展开论述。.
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  37. The Judicial Decision.S. M. W. - 1961 - Review of Metaphysics 15 (2):347-347.
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  38. On Two Juxtapositions: Concept and Nature, Law and Philosophy. Some Comments on Joseph Raz's "Can There Be a Theory of Law?".Robert Alexy - 2007 - Ratio Juris 20 (2):162-169.
  39. 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 the law consist, and how (...)
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  40. Rethinking the subject of postmodern feminist legal theory: Towards a feminist Foucaultian jurisprudence.Ben Golder - unknown
    This article discusses the contemporary problem of postmodern feminist legal theory. Through a schematic history of the twin 'subjects' of feminist legal theory (the subject of law, i.e. 'woman', and the subject of critique, i.e. 'law'), the article argues that feminist legal theory is characterised, even constituted, by successive re-conceptualisations of these two inter-related subjects. The article argues that in order to overcome certain perceived methodological problems inherent in the notion of 'postmodern feminist legal theory', further critique and re-conceptualisation of (...)
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  41. On the concept and the nature of law.Robert Alexy - 2008 - Ratio Juris 21 (3):281-299.
    The central argument of this article turns on the dual‐nature thesis. This thesis sets out the claim that law necessarily comprises both a real or factual dimension and an ideal or critical dimension. The dual‐nature thesis is incompatible with both exclusive legal positivism and inclusive legal positivism. It is also incompatible with variants of non‐positivism according to which legal validity is lost in all cases of moral defect or demerit (exclusive legal non‐positivism) or, alternatively, is affected in no way at (...)
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  42. The concept of jurisprudence.Robert Alexy & Ralf Dreier - 1993 - In K. B. Agrawal & R. K. Raizada (eds.), Sociological Jurisprudence and Legal Philosophy: Random Thoughts On. University Book House. pp. 1-13.
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  43. The rule of rules: morality, rules, and the dilemmas of law.Larry Alexander (ed.) - 2001 - Durham: Duke University Press.
    In "The Rule of Rules" Larry Alexander and Emily Sherwin examine this dilemma.
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  44. A systematic view of the science of jurisprudence.Sheldon Amos - 1872 - Littleton, Colo.: F.B. Rothman.
    Amos departs from Austin, who Amos considered "the true founder of the science of law", in important fundamentals. In this text, Amos sets out to draw a "clear line of demarcation between ethical & legal conceptions".
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  45. A Dictionary of Legal Theory.Brian Bix - 2004 - New York: 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' (...)
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  46. Analyzing law: new essays in legal theory.Brian Bix (ed.) - 1998 - New York: Oxford University Press.
    Analyzing Law offers an important selection of the most influential and challenging work now being done in legal theory. A central focus of the essays in this work is the contribution of the well-known philosopher Jules Coleman to the various topics which are covered by the contributors.
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  47. Law, language, and legal determinacy.Brian Bix - 1993 - New York: Oxford University Press.
  48. Common law approaches to the relationship between law and morality.Roger Cotterrell - 2000 - Ethical Theory and Moral Practice 3 (1):9-26.
    How are general relations of law and morality typically conceived in an environment of Anglo-saxon common law? This paper considers some classical common law methods and traditions as these have confronted and been overlaid with modern ideas of legal positivism. While classical common law treated a community and its morality as the cultural foundation of law, legal positivism's analytical separation of law and morals, allied with liberal approaches to legal regulation, have made the relationship of legal and moral principles more (...)
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  49. The Politics of Jurisprudence: A Critical Introduction to Legal Philosophy.Roger Cotterrell - 1989 - University of Pennsylvania Press.
    Selected by Choice magazine as an Outstanding Academic Title In The Politics of Jurisprudence, Roger Cotterrell offers a concise introduction to and commentary ...
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  50. What's wrong with litigation-driven science? An essay in legal epistemology.Susan Haack - 2008 - Midwest Studies in Philosophy, 32:20-35.
    Rehearing Daubert on remand from the Supreme Court, Judge Kozinski introduced a fifth "Daubert factor" of his own: that expert testimony is based on "litigation-driven science" is an indication that it is unreliable. This article explores the role this factor has played in courts' handling of scientific testimony, clears up an ambiguity in "litigation-driven" and some uncertainties in "reliable," and assesses the reasons courts have given for reading such research with suspicion. This analysis reveals that research that is litigation-driven in (...)
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