Results for 'Law Methodology.'

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  1. Ecological Laws.Ecological Laws - unknown
    The question of whether there are laws in ecology is important for a number of reasons. If, as some have suggested, there are no ecological laws, this would seem to distinguish ecology from other branches of science, such as physics. It could also make a difference to the methodology of ecology. If there are no laws to be discovered, ecologists would seem to be in the business of merely supplying a suite of useful models. These models would need to be (...)
     
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  2.  7
    Rethinking of contemporary Islamic law methodology: Critical study of Muhammad Shahr__ū__r's thinking on Islamic law sources.Arip Purkon - 2022 - HTS Theological Studies 78 (4):1–7.
    This study examined the contemporary ijtihād paradigm, especially in understanding the Islamic law sources, according to Muḥammad Shaḥrūr. This study focused on answering two things, namely Shaḥrūr's thinking in understanding the sources of contemporary Islamic law and compared it with the opinions of 'ulamā (Muslim scholars in Islamic law). An explorative method was used to explore the Shaḥrūr's thinking in understanding the contemporary Islamic law sources, and a comparative method was used to analyse it using 'ulamā's methodology. This research study (...)
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  3.  12
    Science for social scientists.John Law - 1984 - London: Macmillan Press. Edited by Peter Lodge.
  4.  49
    Is Anesthesia Intrinsically Wrong? On Moral Absolutes and Natural Law Methodology.James M. Dubois - 2008 - Christian Bioethics 14 (2):206-216.
    This article engages two fundamentally different kinds of so-called natural law arguments in favor of specific moral absolutes: Elizabeth Anscombe's claim that certain actions are known to be intrinsically wrong through intuition, and John Finnis's claim that such actions are known to be wrong because they involve acting directly against a basic human good. Both authors maintain, for example, that murder and contraceptive sexual acts are known to be wrong, always and everywhere, through their respective epistemological lens. This article uses (...)
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  5.  45
    Reassembling Social Science Methods: The Challenge of Digital Devices.Evelyn Ruppert, John Law & Mike Savage - 2013 - Theory, Culture and Society 30 (4):22-46.
    The aim of the article is to intervene in debates about the digital and, in particular, framings that imagine the digital in terms of epochal shifts or as redefining life. Instead, drawing on recent developments in digital methods, we explore the lively, productive and performative qualities of the digital by attending to the specificities of digital devices and how they interact, and sometimes compete, with older devices and their capacity to mobilize and materialize social and other relations. In doing so, (...)
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  6.  16
    Women's life courses, spatial mobility, and state policies.Glenda Laws - 1997 - In John Paul Jones, Heidi J. Nast & Susan M. Roberts (eds.), Thresholds in feminist geography: difference, methodology, and representation. Lanham, Md.: Rowman & Littlefield Publishers. pp. 47--64.
  7.  64
    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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  8.  27
    Economic Methodology: Paradox of Ceteris Paribus (CP) Law in the Context of Sierra Leone. Jackson - 2016 - Méthod(E)S: African Review of Social Sciences Methodology 2 (1/2).
    Research in the subject area of economics (as a social science) has defined its ontologie of scientific investigation through economic methodology; a philosophical approach entailing the proviso of empirical evidence and backed by an understanding of human interaction in their natural habitat. The contention of economic methodology being refuted for its non-scientific means of investigation and particularly with the application of Ceteris Paribus (CP) law, has been critically addressed in this article, with Sierra Leone as a case example. Sierra Leone (...)
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  9.  39
    Methodological Clarity or the Substantial Purity of Law? Notes on the Discussion between Kelsen and Pitamic.Marijan Pavčnik - 2014 - Ratio Juris 27 (2):176-189.
    Leonid Pitamic was convinced that law could not be understood and explored by a single method aiming at a pure object of enquiry. He argued that it was necessary to employ other methods besides the normative one (especially the sociological and axiological methods), which, however, should not be confounded. Methodological syncretism can be avoided by clearly distinguishing between different aspects of law and by allowing the methods to support each other. By following this guideline, and by arguing according to a (...)
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  10.  13
    Law and Economics as Interdisciplinary Exchange: Philosophical, Methodological and Historical Perspectives.Péter Cserne & Magdalena Małecka (eds.) - 2019 - New York, NY: Routledge.
    "Law and Economics has become an established field worldwide and it may be argued that it is one of the few examples of a successful interdisciplinary project. This book explores whether, or to what extent, that interdisciplinarity has indeed been a success. It provides insights on the foundations and methods, achievements and challenges of Law and Economics, at a time when both the continuing challenges to academic economics and the growth of empirical legal studies raise questions about the identity and (...)
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  11.  13
    Terror in time: extending culturomics to address basic terror management mechanisms.Mark Dechesne & Bryn Bandt-Law - 2018 - Cognition and Emotion 33 (3):492-511.
    ABSTRACTBuilding on Google's efforts to scan millions of books, this article introduces methodology using a database of annual word frequencies of the 40,000 most frequently occurring words in the American literature between 1800 and 2009. The current paper uses this methodology to replicate and identify terror management processes in historical context. Variation in frequencies of word usage of constructs relevant to terror management theory are investigated over a time period of 209 years. Study 1 corroborated previous TMT findings and demonstrated (...)
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  12. Reading modern law: critical methodologies and sovereign formations.Ruth Margaret Buchanan, Stewart J. Motha & Sundhya Pahuja (eds.) - 2012 - New York, NY: Routledge.
     
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  13.  5
    Methodological Individualism and the Foundations of the “Law and Economics” Movement.Jean-Baptiste Fleury & Alain Marciano - 2023 - In Nathalie Bulle & Francesco Di Iorio (eds.), The Palgrave Handbook of Methodological Individualism: Volume II. Springer Verlag. pp. 77-101.
    The purpose of this paper is to discuss the methodological foundations of the law and economics movement, with a special emphasis on the role and place of individuals in law and economics. Reviewing the works of the main contributors—the founders, indeed—to the law and economics movement, we show that all of them considered that the analysis of legal phenomena had to start from individual behavior, even as these very behaviors were embedded, to various degrees, though not determined, in legal and (...)
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  14.  41
    Normativity in Legal Sociology: Methodological Reflections on Law and Regulation in Late Modernity.Reza Banakar - 2014 - Cham: Imprint: Springer.
    The field of socio-legal research has encountered three fundamental challenges over the last three decades - it has been criticized for paying insufficient attention to legal doctrine, for failing to develop a sound theoretical foundation and for not keeping pace with the effects of the increasing globalization and internationalization of law, state and society. This book examines these three challenges from a methodological standpoint. It addresses the first two by demonstrating that legal sociology has much to say about justice as (...)
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  15.  20
    “Jurisdictional Realization of Law” as Judicium: A Methodological Alternative, Beyond Deductive Application and Finalistic Decision.Ana Margarida Simões Gaudêncio - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (1):133-146.
    The proposed reflection intends to present the problem of judicial adjudication as a substantially-axiologically founded autonomous moment on the practical realization of law, and to explore this understanding in confrontation with external exigencies, mostly teleologically determined—hence, beyond strict deductive application, as a syllogistic reference of facts to norms, and finalistically determined decision, as an option among possible alternatives to achieve specific aims. The main objective is to enter into a discussion on the methodological meaning of “integrity”, “hard cases” and “right (...)
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  16. On the (Methodological) Future of Law and Economics. The Uneasy Burden of Value Judgments and Normativity.Paolo Silvestri - 2019 - Global Jurist 19 (3):1-17.
    Taking as its starting-point Guido Calabresi’s latest book – The Future of Law and Economics – the present article aims to explore the often neglected issue of value judgments and normativity in Law and Economics. I will show the importance of enquiring Calabresi’s methodological distinction between Law and Economics and Economic Analysis of Law and the related bilateralism thesis in order to understand the problematic relationship between methodological value judgments and ethical value judgments, the ‘distance’ between Calabresi and Posner and (...)
     
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  17.  6
    Jean Bodin and the sixteenth-century revolution in the methodology of law and history.Julian H. Franklin - 1977 - Westport, Conn.: Greenwood Press.
    Professor Franklin shows how the humanist approach of Jean Bodin and other French jurists of the 16th century led to a break, at least in principle, with the intellectual authority of Roman law and to the attempt to reconstruct juristic science through a comparison and synthesis of all the juridical experience of the most famous states.
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  18. Divine Methodology: A Lawful Deflection of Kantian and Kantian-esque Defeaters.Tyler Dalton McNabb & Erik Baldwin - 2017 - Open Theology 3:293-304.
     
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  19. Commonsense Metaphysics and Lexical Semantics.Jerry R. Hobbs, William Croft, Todd Davies, Douglas Edwards & Kenneth Laws - 1987 - Computational Linguistics 13 (3&4):241-250.
    In the TACITUS project for using commonsense knowledge in the understanding of texts about mechanical devices and their failures, we have been developing various commonsense theories that are needed to mediate between the way we talk about the behavior of such devices and causal models of their operation. Of central importance in this effort is the axiomatization of what might be called commonsense metaphysics. This includes a number of areas that figure in virtually every domain of discourse, such as granularity, (...)
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  20.  9
    Methodological aspects of the reform of modern Muslim law.M. V. Lubs’ka - 2005 - Ukrainian Religious Studies 37:59-67.
    Muslim legal culture is becoming more relevant to modern Ukraine, which can be explained, on the one hand, by the nature of Islam and, on the other, by the peculiarities of its current state in our country. After all, the internal logic of Islam, as a universal system that encompasses both religious and secular life, as one of the components of the awakening of Islam, involves recourse to Sharia, a strict adherence to which is an unmistakable criterion for Muslims of (...)
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  21. Methodological Syncretism in Kelsen's Pure Theory of Law.Deryck Beyleveld & Roger Brownsword - 1998 - In Stanley L. Paulson (ed.), Normativity and Norms: Critical Perspectives on Kelsenian Themes. New York: Oxford University Press.
     
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  22.  3
    Kelsen: Methodological Individualism in the Social Theory of Law.Stephen Turner - 2023 - In Nathalie Bulle & Francesco Di Iorio (eds.), The Palgrave Handbook of Methodological Individualism: Volume II. Springer Verlag. pp. 53-76.
    The status and nature of the state have been the traditional source of claims about the reality of supra-individual social entities. Kelsen was the dissolver of this problematic, by asserting the identity of state and law, and asserting that law was the authorized actions of individuals. But this required an account of the origin of law itself. He traced this to pre-state law, and the normative order of retribution, which he explained as part of a primitive mentality that depended on (...)
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  23. How to theorise about the criminal law: thoughts on methodology prompted by Alex Sarch’s Criminally Ignorant.Aness Kim Webster - 2021 - Jurisprudence 12 (2):247-258.
    Alex Sarch’s recent book, Criminally Ignorant: Why the Law Pretends We Know What We Don’t is a wonderfully rich work.1 Sarch provides and defends an explanatorily powerful theory of criminal culpab...
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  24.  47
    A methodological investigation into the general law of causality.Max Rieser - 1948 - Journal of Philosophy 45 (24):655-662.
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  25.  17
    Naturalized Epistemology and the Law of Evidence: Methodological Reflections.Michael S. Pardo - unknown
    This paper discusses Ronald Allen’s article, Naturalized Epistemology and the Law of Evidence Revisited, and reflects on how epistemology can contribute to our understanding of the evidentiary proof process. I first situate Allen’s critique of recent philosophical scholarship, distinguishing between general theoretical accounts of proof (including the theory that Allen and I have defended), on one hand, and the applications of specific epistemological concepts or issues to law, on the other. I then present a methodological picture that diverges in some (...)
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  26.  7
    The Oxford Handbook of Law and Economics, Volume 1: Methodology and Concepts.Francesco Parisi (ed.) - 2017 - Oxford University Press UK.
    The Oxford Handbook of Law and Economics provides a broad overview of numerous current and developing topics in the field of law and economics. With contributions by over one-hundred experts in the field within one work, the volume covers issues ranging from as far as Law and Neuroeconomics to European Union Law and Economics to Feminist Theory and Law and Economics. Its detail and breadth make it an invaluable reference book and contribution to the field.
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  27.  3
    In Praise of Wishful Thinking. A Critique of Descriptive/ Explanatory Methodologies of Law.Natalie Stoljar - 2012 - Problema. Anuario de Filosofía y Teoria Del Derecho 1 (6):51-79.
    Scholars have given attention to the question of whether morally-neutral philosophical analysis of the concept ‘law’ is a sustainable project. Less at- tention has been given to whether the methodological approach that relies on morally-neutral description and explanation, rather than on philosophical analysis, is a defensible project. My primary goal in this paper is to argue that although descriptive/explanatory theorizing is a logically possible project, it is not a defensible one. I claim that there is no reason to insulate legal (...)
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  28.  44
    Overcoming law.Richard A. Posner (ed.) - 1995 - Cambridge: Harvard University Press.
    Throughout, the book is unified by Posner's distinctive stance, which is pragmatist in philosophy, economic in methodology, and liberal (in the sense of John ...
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  29. Natural Law Theory.Tom Angier - 2021 - Cambridge University Press.
    In Section 1, I outline the history of natural law theory, covering Plato, Aristotle, the Stoics and Aquinas. In Section 2, I explore two alternative traditions of natural law, and explain why these constitute rivals to the Aristotelian tradition. In Section 3, I go on to elaborate a via negativa along which natural law norms can be discovered. On this basis, I unpack what I call three 'experiments in being', each of which illustrates the cogency of this method. In Section (...)
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  30. Law as an Artifact.Luka Burazin, Kenneth Einar Himma & Corrado Roversi (eds.) - 2018 - Oxford, United Kingdom: Oxford University Press.
     
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  31. Legal Cultures and Globalization Methodological Premises for a Cosmopolitan Law.Alfonso de Julios-Campuzano - 2008 - Archiv für Rechts- und Sozialphilosophie 94 (4):498-511.
    In the context of globalization, the existence of multiple legal cultures appears as a new form of legal pluralism and poses important challenges to jurisprudence and legal theory. On the one hand, the peaceful coexistence of several legal cultures demands a reasonable level of sustainable diversity; on the other hand, the processes of legal convergence can conceal new ways of legal imperialism, by means of legal transplant. In view of this, we understand there is a possibility of building a cosmopolitan (...)
     
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  32. Laws, symmetry, and symmetry breaking: Invariance, conservation principles, and objectivity.John Earman - 2004 - Philosophy of Science 71 (5):1227--1241.
    Given its importance in modern physics, philosophers of science have paid surprisingly little attention to the subject of symmetries and invariances, and they have largely neglected the subtopic of symmetry breaking. I illustrate how the topic of laws and symmetries brings into fruitful interaction technical issues in physics and mathematics with both methodological issues in philosophy of science, such as the status of laws of physics, and metaphysical issues, such as the nature of objectivity.
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  33.  13
    The Philosophical Foundations of Law: The Search for a New Methodology.Svetlana A. Khmelevskaya - 2020 - Russian Studies in Philosophy 58 (1):34-43.
    This article analyzes the main trends in the search for new philosophical foundations in Russian philosophy of law, the need for which arose due to the loss of Marxism’s former Soviet-era monopoly...
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  34.  13
    Rethinking law as process: creativity, novelty, change.James MacLean - 2012 - New York, NY: Routledge.
    Rethinking Law as Process draws on insights from 'process philosophy' in order to rethink the nature of legal decision-making.
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  35.  8
    The Methodology of Empirical Macroeconomics.Kevin D. Hoover - 2001 - Cambridge University Press.
    The Methodology of Empirical Macroeconomics stakes out a pragmatic middle-ground between traditional, prescriptive economic methodology and recent descriptive methodology. The former is sometimes seen as arrogantly telling economists how to do their work and the latter as irrelevant to their practice. The lectures are built around a case study of a concrete example of macroeconomic analysis. They demonstrate that economic methodology and the philosophy of science offer insights that help to resolve the genuine concerns of macroeconomists. Some examples of questions (...)
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  36.  71
    Methodologies of legal research: which kind of method for what kind of discipline?Mark Van Hoecke (ed.) - 2011 - Portland, Or.: Hart.
    Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this (...)
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  37.  37
    Natural Kinds, Laws of Nature and Scientific Methodology.Peter J. Riggs (ed.) - 1996 - Kluwer Academic Publishers.
    The essays in this volume of the Australasian Studies in History and Philosophy of Science series are devoted to the subjects of natural kinds, scientific ...
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  38.  2
    Ideas in conflict: international law and the global war on terror.Eric Engle - 2013 - The Hague, The Netherlands: Eleven International Publishing.
    Contemporary international law. Methodology -- The origin of sovereignty in Roman and medieval law -- The transformation of sovereignty and international law in late modernity -- The transformation of international law by human rights -- The UN convention system and US foreign policy -- IR realism and the positivity of international law -- Containment and disengagement -- Assassination and international law -- Humanitarian intervention and international law -- Lawfare, Wikileaks, and the rule of law.
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  39.  54
    Reading the law: a critical introduction to legal method and techniques.Peter Goodrich - 1986 - New York, NY: Blackwell.
  40. The logic of the law : the analytic foundations of methodology.Neil Komesar - 2017 - In Rob van Gestel, Hans-W. Micklitz & Edward L. Rubin (eds.), Rethinking legal scholarship: a transatlantic dialogue. New York, NY, USA: Cambridge University Press.
     
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  41. Bernard Williams on Law and Jurisprudence: From Agency and Responsibility to Methodology.Veronica Rodriguez-Blanco, Daniel Peixoto Murata & Julieta A. Rabanos (eds.) - forthcoming - Oxford: Hart.
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  42.  11
    Aesthetics and Natural Law in Newton's Methodology.Dale Jacquette - 1990 - Journal of the History of Ideas 51 (4):659-666.
  43. The concept of law.Hla Hart - 1961 - New York: Oxford University Press.
    The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher (...)
  44.  49
    A methodology for designing systems to reason with legal cases using Abstract Dialectical Frameworks.Latifa Al-Abdulkarim, Katie Atkinson & Trevor Bench-Capon - 2016 - Artificial Intelligence and Law 24 (1):1-49.
    This paper presents a methodology to design and implement programs intended to decide cases, described as sets of factors, according to a theory of a particular domain based on a set of precedent cases relating to that domain. We useDialectical Frameworks, a recent development in AI knowledge representation, as the central feature of our design method. ADFs will play a role akin to that played by Entity–Relationship models in the design of database systems. First, we explain how the factor hierarchy (...)
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  45.  7
    Law's indigenous ethics.John Borrows - 2019 - London: University of Toronto Press.
    Law's Indigenous Ethics examines the revitalization of Indigenous peoples' relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools. With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on some (...)
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  46. Law in the real world : improving our understanding of how law works: final report and recommendations.Hazel G. Genn, Sally Wheeler & Martin Partington - 2006 - London: Nuffield Foundation. Edited by Martin Partington & Sally Wheeler.
  47.  15
    An account of recent biological methodology: Causal law and transplanar analysis.Heinz Herrmann - 1953 - Philosophy of Science 20 (2):149-156.
    It has been tacitly assumed that certain fundamental “laws” of science have the same meaning and significance in the different scientific disciplines. Outside of quantum physics the law of causality was regarded as such a concept which was most generally applicable in the description of the systems of nature. However, the role of causality in recent research in biology seems not quite clear. There an explanation of the specific properties of biological systems does not assume the form of a simple (...)
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  48. Methodological Naturalism Under Attack.Michael Ruse - 2005 - South African Journal of Philosophy 24 (1):44-60.
    Methodological naturalism is the assumption or working hypothesis that understanding nature (the physical world including humans and their thoughts and actions) can be understood in terms of unguided laws. There is no need to Suppose interventions (miracles) from outside. It does not commit one to metaphysical naturalism, the belief that there is nothing other than nature as we can see and observe it (in other words, that atheism is the right theology for the sound thinker). Recently the Intelligent Design movement (...)
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  49.  14
    Law, Culture and Visual Studies.Richard K. Sherwin & Anne Wagner (eds.) - 2014 - Dordrecht: Imprint: Springer.
    The proposed volumes are aimed at a multidisciplinary audience and seek to fill the gap between law, semiotics and visuality providing a comprehensive theoretical and analytical overview of legal visual semiotics. They seek to promote an interdisciplinary debate from law, semiotics and visuality bringing together the cumulative research traditions of these related areas as a prelude to identifying fertile avenues for research going forward. Advance Praise for Law, Culture and Visual Studies This diverse and exhilarating collection of essays explores the (...)
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  50.  23
    Law, Economics, and Morality.Eyal Zamir & Barak Medina - 2010 - Oup Usa.
    Law, Economics, and Morality examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models. Economic analysis of law is a powerful analytical methodology. However, as a purely consequentialist approach, which determines the desirability of acts and rules solely by assessing the goodness of their outcomes, standard cost-benefit analysis is normatively objectionable. Moderate deontology prioritizes such values as autonomy, basic liberties, truth-telling, and promise-keeping over the promotion of good outcomes. It (...)
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