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  1. A realistic vision? Roberto Unger on law and politics.Kevin Walton - 1999 - Res Publica 5 (2):139-159.
    This paper considers Roberto Unger's views on legal reasoning. His account is defended against two misplaced attacks. The first critique is by Emilios Christodoulidis. Using the language of systems theory, Christodoulidis contends that Unger's programme of democratic experimentalism cannot be achieved through law, as the constitutive structure of the legal system is immune to politics. Christodoulidis accuses Unger of attempting to reduce law to politics. It will be argued, however, that Unger does no such thing. The second attack holds that (...)
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  • The reception of Robert Alexy’s work in Anglo-American jurisprudence1.Julian Rivers - 2018 - Jurisprudence 10 (2):133-150.
    ABSTRACTAt first sight, the work of the German legal philosopher and constitutional theorist, Robert Alexy, appears to offer a welcome counter-example to the general insulation of Anglo-American ju...
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  • Human Rights: UniversalismandCultural Relativism.Richard Mullender - 2003 - Critical Review of International Social and Political Philosophy 6 (3):70-103.
    Much mainstream legal comment on human rights law presents an unhelpfully crude picture of disagreement concerning the significance that should be attached to human rights in particular cultural co...
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  • Abstrahierungsformen des Rechts.Béla Pokol - 2011 - Rechtstheorie 42 (1):105-123.
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  • The Relative Heteronomy of Law.Neil MacCormick - 1995 - European Journal of Philosophy 3 (1):69-85.
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  • Add international courts to The Idea of Human Rights_ and stir … on Beitz’ _The Idea of Human Rights after 10 years.Andreas Follesdal - 2022 - Critical Review of International Social and Political Philosophy 25 (1):66-86.
    These reflections elaborates the theory of The Idea of Human Rights by addressing a topic that theory attempts to bracket: international and regional judicialization in the form of international courts and tribunals. Using the method of reflective equilibrium, the article argues that this exclusion is inconsistent. Including these international courts and tribunals (‘ICs’) prompts several changes to the original theory, and opens new research questions. The original theory is on the one hand too narrow regarding both the objectives and tools (...)
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  • Towards a theory of criminal law?R. A. Duff - 2010 - Aristotelian Society Supplementary Volume 84 (1):1-28.
    After an initial discussion (§i) of what a theory of criminal law might amount to, I sketch (§ii) the proper aims of a liberal, republican criminal law, and discuss (§§iii–iv) two central features of such a criminal law: that it deals with public wrongs, and provides for those who perpetrate such wrongs to be called to public account. §v explains why a liberal republic should maintain such a system of criminal law, and §vi tackles the issue of criminalization—of how we (...)
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  • Philosophy and 'the life of the law'.R. A. Duff - 2009 - Journal of Applied Philosophy 26 (3):245-258.
    abstract Focusing on the criminal law, I discuss three ways in which analytical philosophers might contribute to the development or health of the law (and of legal theory). The first is as humble under-labourers, who seek only to clarify legal rules and doctrines, but not to criticise them. This modest conception of the role of philosophy, however, proves to be untenable: clarification must become rational reconstruction — an attempt to make rational sense of the law; and rational reconstruction must involve (...)
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  • A theory of legislation from a systems perspective.Peter Harrison - unknown
    In this thesis I outline a view of primary legislation from a systems perspective. I suggest that systems theory and, in particular, autopoietic theory, as modified by field theory, is a mechanism for understanding how society operates. The description of primary legislation that I outline differs markedly from any conventional definition in that I argue that primary legislation is not, and indeed cannot be, either a law or any of the euphemisms that are usually accorded to an enactment by a (...)
     
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