Results for 'Analytical legal philosophy'

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  1.  7
    Analytical Legal Philosophy Reloaded.Guillermo Lariguet - 2014 - Problema. Anuario de Filosofía y Teoria Del Derecho 1 (8):3-37.
    In this essay I argue a particular legal philosophy is committed to a partial and closed view of how philosophical work is conceived. This view produces a legal philosophy that lacks the ability to guide substantive discussions. I argue that methodological legal positivism is not a good way to articulate the development of legal philosophy. Then, I argue that we need to consider the place that legal philosophy should occupy in the (...)
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  2. Analytical legal philosophy: From Argentina to Spain contribution to the homage to Alchourrón and Bulygin.A. Calsamiglia - 1997 - Rechtstheorie 28 (3):257-261.
     
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  3. Kevin Toh, University College London.Legal Philosophy À la Carte - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press.
     
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  4.  63
    On philosophy in american law : Analytical legal philosophy.Brian Bix - 2009 - In Francis J. Mootz & William S. Boyd (eds.), On Philosophy in American Law. Cambridge University Press.
    This short article was written for a collection on American legal philosophy today. It gives a brief overview of analytical legal philosophy, and speculates on why this theoretical approach has been consistently misunderstood in the United States, from the time of the legal realists until today.
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  5. Kathyrn Lindeman, Saint Louis University.Legal Metanormativity : Lessons For & From Constitutivist Accounts in the Philosophy Of Law - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press.
     
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  6.  18
    The Legal Philosophy of H. L. A. Hart: A Critical Appraisal.Judith Wagner DeCew & Michael Martin - 1990 - Philosophical Review 99 (2):283.
  7.  16
    Soviet Legal Philosophy.Glenn Negley, John N. Hazard & Hugh W. Babb - 1953 - Philosophical Review 62 (4):590.
  8.  34
    What makes law law: categorial trends in analytic legal metaphysics.Triantafyllos Gkouvas - 2023 - Jurisprudence 14 (4):480-509.
    Appeals to metaphysics have lately come to ascendancy in analytic legal philosophy. Over the last 20 years or so, a new discourse framework has emerged in analytic legal metaphysics that focusses on the explanatory question of how law is made. By any measure the most influential refinement of this question is to be found in Mark Greenberg's seminal 2004 article How Facts Make Law. This essay tries to exert some pressure on this familiar question by posing the (...)
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  9.  12
    Legal and political institutions from the perspective of analytical philosophy.N. N. Ravochkin - 2017 - Liberal Arts in Russia 6 (5):394-399.
    The article devoted to legal and political institutions comprehension from analytical philosophical tradition standpoint. The author of the article made an attempt to define political institutions through the concepts introduced in the considered legal tradition. This vision of problem solution is justified by the fact that analytical philosophy is guided by the logical analysis of the essence of the subject, indicating interconnection and interdependence of legal and political institutions that cannot be perceived today in (...)
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  10.  10
    Essays in Legal Philosophy.Eugenio Bulygin - 2015 - Oxford, United Kingdom: Oxford University Press UK. Edited by Carlos Bernal Pulido.
    Eugenio Bulygin is a distinguished representative of legal science and legal philosophy as they are known on the European continent - no accident, given the role of the civil law tradition in his home country, Argentina. Over the past half-century, Bulygin has engaged virtually all major legal philosophers in the English-speaking countries, including H.L.A. Hart, Ronald Dworkin, and Joseph Raz. Bulygin's essays, several written together with his eminent colleague and close friend Carlos E. Alchourrón, reflect the (...)
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  11.  5
    H. L. A. Hart and the Invention of Legal Philosophy.Dan Priel - 2011 - Problema. Anuario de Filosofía y Teoria Del Derecho 1 (5):301-323.
    In this essay I argue that in some sense legal philosophy, at least as the term is now understood among analytic jurisprudents in the Anglophone world, is to a large extent a creation of H. L. A. Hart’s work. It is with him that the search for the concept or the nature of law was one established as an independent object of inquiry, that consciously tried to avoid moral or political questions. In framing the province of jurisprudence in (...)
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  12.  30
    Soviet Legal Philosophy[REVIEW]Edwin N. Garlan - 1954 - Journal of Philosophy 51 (10):300-307.
  13.  8
    Interpretations of Modern Legal Philosophies.George H. Sabine - 1947 - Philosophical Review 56 (4):439.
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  14.  11
    Wittgenstein’s Problem of Rule-Following and Legal Philosophy Studies.Vitaly V. Ogleznev - 2020 - Epistemology and Philosophy of Science 57 (3):34-39.
    The article presents an analysis of K.A. Rodin’s argument that after publishing of Peter Winch’s book “The Idea of Social Science” (1958) the discussions of rule-following problem concerning to social epistemology and the methodology of social studies have not had tangible results. It is shown by the example of modern legal studies that this conclusion is not valid. On the contrary, Wittgenstein’s problem of rule-following and the very idea of rule-shaped activity have proved to have a great importance for (...)
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  15. International Justice.A. J. Coates & Association for Legal and Social Philosophy Britain) - 2000
     
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  16.  1
    Legal thought and philosophy: what legal scholarship is about.G. van Roermund - 2013 - Northampton, MA, USA: Edward Elgar.
    This book proves to be an excellent guide through the labyrinth of law. Its crucial point is legal order viewed from the perspective of a situated "We". Jurisprudence appears as an implicit sort of thinking, embedded in moral, political, epistemological, and linguistic contexts. Numerous example cases lead us from everyday issues to the abysses of violence. Anyone who practices or studies law will highly profit from reading this book. One sees how law functions by being more than mere law. (...)
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  17.  24
    Creation and Abortion: A Study in Moral and Legal Philosophy.Mary Anne Warren & F. M. Kamm - 1994 - Philosophical Review 103 (4):729.
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  18.  20
    Latin-American Legal Philosophy[REVIEW]Glenn Negley - 1949 - Philosophical Review 58 (5):524-527.
  19.  17
    Interpretations of Modern Legal Philosophies. [REVIEW]E. N. Garlan - 1949 - Journal of Philosophy 46 (7):185-195.
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  20.  21
    More Essays in Legal Philosophy: General Assessments of Legal Philosophies. [REVIEW]J. Raz - 1972 - Journal of Philosophy 69 (16):498-501.
  21.  2
    Ontological and epistemological bases of H. Hart’s legal philosophy.V. Ogleznev - 2010 - Schole 4 (1).
    The article seeks to instantiate the distinctive features and basic research strategies in legal ontology as they are presented in the early works by the famous Oxford philosopher of law Herbert Hart, published before his major book The Concept of Law. The author tries to isolate the most salient aspects of the analytical legal tradition applicable to Russian legal theory, which can bridge the existing gap between these approaches despite considerable difference both in their background and (...)
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  22.  12
    Legal Theory, Political Theory, and Deconstruction: Against Rhadamanthus.Matthew H. Kramer & Professor of Legal and Political Philosophy Matthew H. Kramer - 1991
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  23. on Concept Formation.I. Aristotle & Posterior Analytics - 2010 - In David Charles (ed.), Definition in Greek philosophy. New York: Oxford University Press. pp. 424.
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  24.  4
    Dimensions of legal reasoning: developing analytical acuity from law school to law practice.Timothy P. Terrell - 2016 - Durham, North Carolina: Carolina Academic Press.
    The challenge of calling "balls and strikes": the curious case of Gould v. Roberts -- To flatlaw and beyond : appreciating multiple analytic dimensions -- The traditions of legal reasoning : developing analytical legitimacy despite substantive disagreement -- Rethinking the analytic tradition : text, context, hypertext, and subtext -- The challenge of text : the relationship of "is," "ought," and focal meaning -- The challenge of context : what "is" means in both facts and law -- The challenge (...)
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  25.  6
    A post-analytical approach to philosophy and theory of law.Andrzej Bator, Zbigniew Pulka, Jan Burzyński & Mikołaj Golubiewski (eds.) - 2019 - Berlin: Peter Lang.
    The book deals with post-analytical philosophy of law, which departs from the traditional view which considers philosophical cognition as a sense-making and optimizing activity. It seeks to deconstruct the analytical, both philosophical and legal, narrative to expose it as a collection of schemes which oversimplify the legal and political reality.
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  26. Recht, Gerechtigkeit Und der Staat Studien Zu Gerechtigkeit, Demokratie, Nationalität, Nationalen Staaten Und Supranationalen Staaten Aus der Perspektive der Rechtstheorie, der Sozialphilosophie Und der Sozialwissenschaften = Law, Justice, and the State : Studies in Justice, Democracy, Nationality, National States, and Supra-National States From the Standpoints of Legal Theory, Social Philosophy, and Social Science.World Congress on Philosophy of Law and Social Philosophy, Mikael M. Karlsson, Ólafur Páll Jónsson & Eyja Margrét Brynjarsdóttir - 1997
     
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  27.  28
    Exhortative Legal Influence.Crescente Molina - 2023 - Law and Philosophy 43 (2):131-157.
    In this article, I offer a theoretical account of a central yet surprisingly overlooked form of legal influence or control, one that I refer to as the law’s ‘exhortative’ influence. The law exercises an ‘imperative’ influence when it purports to control agents’ behavior by imposing on them legal duties to act or refrain from acting in the legally desired or repelled way. By contrast, it exercises what I call an exhortative form of influence when it aims at impacting (...)
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  28.  3
    The theory of legal duties and rights: an introduction to analytical jurisprudence.William Edward Hearn - 1883 - Littleton, Colo.: F.B. Rothman.
    The contents include chapters covering: theory of command; theory of sovereignty; evidence of law; theory of legal duty theory of legal sanctions; theory of the legal object; theory of imputation; theory of legal rights; rights related to ownership; foreign rights; codification of the law; & others.
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  29.  20
    History of Econometric Ideas, Mary Morgan. Cambridge: Cambridge University Press, 1990, xxx + 296 pages. [REVIEW]Philippe LeGall & Claude Ménard - 1992 - Economics and Philosophy 8 (2):286-290.
  30.  7
    Legal ethics for lawyers: a new model.Barbara Mescher - 2022 - New York, NY: Routledge.
    This book proposes a new model of professional ethics enabling lawyers to advise clients upon both the law and ethics. This will better protect clients, and society, and enhance lawyers' professional obligations. The current model of legal ethics, developed in the 19th century, specified that the role of lawyers was only to interpret the law, not also to give ethical advice. This was acceptable to lawyers, clients, and society at that time. However, this is not the case now and (...)
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  31. Analyåomen 2 = Analyomen 2 : Proceedings of the 2nd Conference "Perspectives in Analytical Philosophy".Georg Meggle, Andreas Mundt & Gesellschaft fèur Analytische Philosophie - 1997
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  32.  72
    Friedrich Waismann: The Open Texture of Analytic Philosophy.Dejan Makovec & Stewart Shapiro (eds.) - 2019 - Palgrave Macmillan.
    This edited collection covers Friedrich Waismann's most influential contributions to twentieth-century philosophy of language: his concepts of open texture and language strata, his early criticism of verificationism and the analytic-synthetic distinction, as well as their significance for experimental and legal philosophy. -/- In addition, Waismann's original papers in ethics, metaphysics, epistemology and the philosophy of mathematics are here evaluated. They introduce Waismann's theory of action along with his groundbreaking work on fiction, proper names and Kafka's Trial. (...)
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  33.  34
    A companion to analytic philosophy.Aloysius Martinich & David Sosa (eds.) - 2001 - Malden, Mass.: Blackwell.
    This volume is a vital resource for anyone interested in analytic philosophy.
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  34.  5
    Rationality and Reasonableness in Legal Theory.Carlos Montemayor - 2014 - Problema. Anuario de Filosofía y Teoria Del Derecho 1 (8):39-51.
    This paper examines Guillermo Lariguet’s paper ‘Analytical Legal Philosophy Reloaded,’ offering two interpretations of the ‘reloading’ project. The paper argues that a naturalistic reading of the project is unmotivated and that a more promising way of interpreting Lariguet’s proposal is in terms of a rather ambitious methodological agenda, which is analogous to the broadly encompassing methodological criticism envisioned by Jürgen Habermas in some of his work, which centers on communicative action. This ‘reasonableness’ proposal, as I shall call (...)
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  35. On the moral and legal status of abortion.Mary Anne Warren - 1973 - The Monist 57 (1):43-61.
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  36. Legal Metaphoric Artifacts.Corrado Roversi - manuscript
    In this paper I take it for granted that legal institutions are artifacts. In general, this can very well be considered a trivial thesis in legal philosophy. As trivial as this thesis may be, however, to my knowledge no legal philosopher has attempted an analysis of the peculiar reality of legal phenomena in terms of the reality of artifacts, and this is particularly striking because there has been much discussion about artifacts in general philosophy (...)
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  37.  58
    The Institutionality Of Legal Validity.Kenneth M. Ehrenberg - 2020 - Philosophy and Phenomenological Research 100 (2):277-301.
    The most influential theory of law in current analytic legal philosophy is legal positivism, which generally understands law to be a kind of institution. The most influential theory of institutions in current analytic social philosophy is that of John Searle. One would hope that the two theories are compatible, and in many ways they certainly are. But one incompatibility that still needs ironing out involves the relation of the social rule that undergirds the validity of any (...)
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  38.  1
    Theories of legal relations.Emmanuel Jeuland - 2023 - Northampton: Edward Elgar Publishing.
    Theories of Legal Relations is an astute examination of existing legal systems that explores the notion of legal relationships and frameworks, using various analytical approaches to legal theory including subjectivist, objectivist, psychological and empirical. Emmanuel Jeuland defends the logical anteriority of relationships in law and their universality (e.g. in the new Chinese Civil Code), addressing new issues such as the possibility of legal relationships with natural and artificial entities. He delves into the consequences of (...)
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  39.  11
    Empirically and institutionally rich legal and moral philosophy.Carl F. Cranor - 1999 - Midwest Studies in Philosophy 23 (1):286–311.
  40.  4
    In the realm of legal and moral philosophy: critical encounters.Matthew H. Kramer - 1999 - New York: St. Martin's Press.
    In this wide-ranging investigation of many prominent issues in contemporary legal, political, and moral philosophy, Matthew Kramer combines penetrating critiques with original theorizing as he examines the writings of numerous major theorists (including Ronald Dworkin, H. L. A. Hart, Alan Gewirth, David Lyons, Ronald Coase, John Finnis, Jules Coleman, Anthony Kronman, and Richard Posner). While Kramer argues with the rigor that is the hallmark of the tradition of analytic philosophy, his inquiries extend not only to that tradition (...)
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  41.  58
    Main Tendencies in Contemporary Legal and Political Philosophy in Germany.S. Bovensiepen - 1926 - The Monist 36 (2):311-325.
  42.  5
    The legal foundations of micro-institutional performance: a heterodox law & economics approach.Sarah S. Klammer - 2022 - Northampton, MA, USA: Edward Elgar Publishing. Edited by Eric A. Scorsone.
    The aim of The Legal Foundations of Micro-Institutional Performance is to introduce the reader to a different way of thinking about economics that will allow them to both understand and apply legal concepts to economic analysis. To this end, it adopts and further develops Wesley Hohfeld's legal framework of jural (legal) relations as a tool of analysis. This analytical tool, as built into the Legal-Economic Performance framework, provides specific direction in identifying and describing interdependence (...)
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  43.  22
    Legality's Borders: An Essay in General Jurisprudence.Keith Charles Culver - 2010 - Oxford University Press. Edited by Michael Giudice.
    Imbalance in analytical legal theory's approach to prima facie legal phenomena : re-balancing after imbalance : an incremental addition to analytical legal theory -- Legal officials, the rule of recognition, and international law -- The hierarchical view of legal system and non-state legality -- Meta-theoretical-evaluative motivations -- An inter-institutional theory -- An inter-institutional account of non-state legality -- Pathologies of legality : novel technologies and their implications for conceptions of legality : the consequences (...)
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  44.  22
    On Defining Death: An Analytic Study of the Concept of Death in Philosophy and Medical Ethics.Douglas N. Walton - 1979 - Mcgill-Queen's University Press.
    In this book, Douglas Walton examines the philosophical nature of two issues currently associated with medical ethics. In order to work towards an analysis of the concept of death that could function as a target towards which the medical criteria of death could be directed, he proposes the foundations for a theory free of logical contradictions, paradoxes, and other perplexities. This is the "superlimiting theory" which introduces the notion of a "possible person." The connection of these philosophical ideas with medico- (...) concerns like brain death and the Harvard criteria is discussed. Professor Walton then goes on to examine the difference between killing and letting die. Through a close study of the logic of action sentences, he develops a model that is discussed in the light of the ethical and jurisprudential realities of medical ethics to see if the distinction between bringing something about and letting something happen is one that makes a moral difference in the evaluation of actions. Numerous problematic conceptual snags are dealt with, and the author consistently supports the conceptual clarity and respectability of the distinction. Other relevant discriminations of an action-theoretic sort, such as that between "direct" and "indirect" euthanasia, are studied, and the concluding chapter applies the conceptual analysis to a philosophical discussion of attitudes towards death, asking, "Is it rational to fear death?". (shrink)
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  45. Le Raisonnement Juridique. Legal Reasoning. Actes du Congrès Mondial de Philosophie du Droit Et de Philosophie Sociale, Bruxelles, 30 Aôut-3 Septembre 1971. Publiés Par Hubert Hubien.Brussels World Congress on Philosophy of Law and Social Philosophy & Hubert Hubien - 1971 - E. Bruylant.
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  46.  8
    Semiotics of Legal Transplants: Exploring Domestic Violence Justice in Uzbekistan.Utkirbek Kholmirzaev & Zayniddin Shamsidinov - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-20.
    This research examines the implementation and judicial response to Uzbekistan's new domestic violence laws enacted in 2023. Through an exploration of the semiotics of these laws, we uncover the nuanced portrayal of victim as "wife" instead of "human," reflecting a societal prioritization of family dynamics over individual rights. Through this analytical lens, we examine how domestic violence laws, as legal transplants, are interpreted by the judicial system. We highlight their translation into people’s behavior, judicial traditions, and the struggling (...)
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  47.  68
    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 (...)
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  48. Legal Personhood: Animals, Artificial Intelligence and the Unborn.Visa A. J. Kurki & Tomasz Pietrzykowski (eds.) - 2017 - Cham: Springer.
    This edited work collates novel contributions on contemporary topics that are related to human rights. The essays address analytic-descriptive questions, such as what legal personality actually means, and normative questions, such as who or what should be recognised as a legal person. As is well-known among jurists, the law has a special conception of personhood: corporations are persons, whereas slaves have traditionally been considered property rather than persons. This odd state of affairs has not garnered the interest of (...)
  49. Gender and the Analytical Jurisprudential Mind.Leslie Green - 2020 - Modern Law Review 83 (4):893-912.
    Because gender norms shape the content and application of the law, feminist scholarship has a lot to contribute to the study of law. Gender is also relevant to several problems in normative jurisprudence, and to some problems in special jurisprudence (the study of concepts in the law). But gender has no relevance to general jurisprudence for there is no sense in which the concept of law is ‘gendered’, and no answer to leading problems in general jurisprudence depends on any thesis (...)
     
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  50. Legal Semiotics and Semiotic Aspects of Jurisprudence.Bernard S. Jackson - 2012 - In Wagner Anne & Broekman Jan (eds.), , eds., Prospects of Legal Semiotics. Springer. pp. 3-36.
    Originally written in 1990, this reviews largely late 20th century debates on the study of law as Logic, Discourse, or Experience; the Unity of the Legal System and the Problem of Reference; Semiotic Presuppositions of Traditional Jurisprudence (Austin, Hart, Kelsen, Dworkin, Legal Realisms); then turns to legal philosophies explicitly Employing Forms of Semiotics (Kalinowski, the Italian Analytical School, Rhetorical and Pragmatic Approaches, Sociological and Socio-Linguistic Approaches, Peircian Legal Semiotics, Greimasian Legal Semiotics and Aesthetic/Symbolic Approaches). (...)
     
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