25 found
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  1. Analytical jurisprudence and contingency.Michael Giudice - 2011 - In Maksymilian Del Mar (ed.), New waves in philosophy of law. New York: Palgrave MacMillan.
     
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  2.  53
    The regular practice of morality in law.Michael Giudice - 2008 - Ratio Juris 21 (1):94-106.
    This article examines the possibility of moral considerations and arguments serving as validity conditions of law in legal positivist theory. I argue that, despite recent attempts, this possibility has yet to be established. My argument turns on a defense of Joseph Raz's Sources Thesis, yet I do not adopt his famous “argument from authority.” Rather, I offer a renewed defense of the distinction between creation and application of law and argue that moral considerations and arguments, whether recognized in law or (...)
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  3. Unconstitutionality, Invalidity, and Charter Challenges.Michael Giudice - 2002 - Canadian Journal of Law and Jurisprudence 15 (1):69-83.
    Inclusive legal positivism maintains that the existence and content of laws may, but need not, depend on standards of morality. As Wil Waluchow argues, inclusive positivism derives much of its plausibility through its explanation of Charter societies such as Canada. On his account, the fundamental rights of political morality contained in the Canadian Charter of Rights and Freedoms serve as ultimate criteria of the existence or validity of all laws in Canada, and thus form part of Canada’s rule of recognition. (...)
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  4.  14
    Legal System, Legality, and the State: an Inter-Institutional Account.Keith Culver & Michael Giudice - 2008 - Problema. Anuario de Filosofía y Teoria Del Derecho 1 (2):85-125.
    Abstract:We aim in this paper to explore several related challenges to contemporary analytical legal theorists who accept as theoretically foundational the state-based view of legality and legal system advanced by H.L.A. Hart. We contend that this approach contains internal explanatory problems which limit the view’s capacity to account for novel prima facie legal phenomena outside the typical experience of the law-state. We supplement the analytical approach by advancing the rudiments of what we call an ‘inter-institutional theory of legality,’ a theory (...)
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  5.  12
    Conceptual Analysis and its Critics.Michael Giudice - 2012 - Problema. Anuario de Filosofía y Teoria Del Derecho 1 (6):3-38.
    Several criticisms exist surrounding the philosophical method of conceptual analysis in legal theory, but three have become particularly prominent in the last two decades. First, there are those who argue that the sheer diversity of types of law renders the pursuit of a single, overarching concept of law absurd. Second, there are those who suppose that engagement in con ceptual analysis cannot resolve boundary disputes about the concept of law, which was the very purpose of conceptual analysis in the first (...)
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  6. Universal jurisdiction and the duty to govern.Michael Giudice & Matthew Schaeffer - 2012 - In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing.
     
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  7.  77
    Understanding Anti-Terrorism Legislation.Michael Giudice - 2007 - The Proceedings of the Twenty-First World Congress of Philosophy 3:17-21.
    There is widespread agreement that the significant threat of terrorist activity and the importance we attach to safety and security demands that terrorists and terrorist activity be stifled as quickly and effectively as possible. However, much dominant thought about the very nature or approach taken to anti-terrorism legislation has gone without critical reflection. Drawing on a recent article by contemporary political philosopher Ronald Dworkin, in this paper I shall examine whether the metaphor of a balance, with safety or security pitted (...)
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  8.  16
    Canadian Cases in the Philosophy of Law - Fifth Edition.Keith C. Culver, Michael Giudice & J. E. Bickenbach (eds.) - 2018 - Peterborough, CA: Broadview Press.
    This is a collection of Canadian legal decisions, primarily from the Supreme Court of Canada, along with international cases that have bearing on Canadian law. The selected cases raise and respond to current and controversial issues in political and legal philosophy. Cases have been edited to present key legal principles and methods of judicial reasoning in action, showing not only what was decided but also how the decisions were made. Topics include: constitutional law, fundamental freedoms, equality rights, civil and criminal (...)
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  9.  1
    Introduction.Keith Culver & Michael Giudice - 2008 - Problema. Anuario de Filosofía y Teoria Del Derecho 1 (2):3-7.
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  10.  15
    Making Old Questions New: Legality, Legal System, and State.Keith Culver & Michael Giudice - 2013 - In Wilfrid J. Waluchow & Stefan Sciaraffa (eds.), Philosophical foundations of the nature of law. Oxford, United Kingdom: Oxford University Press. pp. 279.
  11.  7
    Pulling Off the Mask of Law: A Renewed Research Agenda for Analytical Legal Theory.Keith Culver & Michael Giudice - 2011 - Problema. Anuario de Filosofía y Teoria Del Derecho 1 (5):81-116.
    This article identifies and advocates one part of a renewed research agenda for analytical legal theory: a renewed ‘relational’ approach to characterization of the concept of law, following the lead set by Hart’s exploration of law’s relation to morality, coercion, and social rules. We advocate further descriptive-explanatory investigation of law’s relation to security, environment, and information technology, in the context of state and extra-state legal orders. This investigation is responsive to emerging legal phenomena as identified by the inter-institutional account of (...)
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  12.  77
    Readings in the Philosophy of Law - Third Edition.Keith C. Culver & Michael Giudice (eds.) - 2016 - Peterborough, CA: Broadview Press.
    A rigorous introduction to profound questions about the nature and role of law.
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  13.  5
    The Unsteady State: General Jurisprudence for Dynamic Social Phenomena.Keith Culver & Michael Giudice - 2017 - Cambridge University Press.
    Analytical jurisprudence often proceeds with two key assumptions: that all law is either contained in or traceable back to an authorizing law-state, and that states are stable and in full control of the borders of their legal systems. What would a general theory of law be like and do if these long-standing presumptions were loosened? The Unsteady State aims to assess the possibilities by enacting a relational approach to explanation of law, exploring law's relations to the environment, security, and technology. (...)
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  14. Existence and Justification Conditions of Law.Michael Giudice - 2003 - Canadian Journal of Law and Jurisprudence 16 (1):23-40.
    Legal systems such as those in the United States and Canada, which include fundamental moral rights or provisions in their constitutions, present an interesting and difficult problem for legal positivists. Are such moral standards to count among the existence or validity conditions of laws in those systems, or are they better understood as fundamental objectives or justification conditions which laws may or may not achieve or respect in practice? The first option, known as inclusive legal positivism, expands the traditional positivist (...)
     
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  15.  19
    Global Legal Pluralism: What’s Law Got To Do With It?Michael Giudice - 2014 - Oxford Journal of Legal Studies 34 (3):589-608.
    This review article examines the conceptual possibility of ‘cosmopolitan pluralism’, a jurisprudential theory developed by Paul Schiff Berman in his recent book, Global Legal Pluralism: A Jurisprudence of Law Beyond Borders. Cosmopolitan pluralism is presented as a conceptual framework for understanding and managing situations of multiple legal orders which overlap and conflict. It seeks to avoid the pitfalls of both sovereigntist territorialism, which attempts to solve all legal disputes by exclusive application of the norms of some single territorially-based jurisdiction, as (...)
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  16.  4
    Michael Giudice.Michael Giudice - 2017 - Problema. Anuario de Filosofía y Teoria Del Derecho 1 (11).
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  17.  10
    Social construction of law: potential and limits.Michael Giudice - 2020 - Cheltenham, UK: Edward Elgar Publishing.
    This illuminating book explores the theme of social constructionism in legal theory. It questions just how much freedom and power social groups really have to construct and reconstruct law. Michael Giudice takes a nuanced approach to analyse what is true and what is false in the view that law is socially constructed. He draws on accounts of European Union law as well as Indigenous legal orders in North America to demonstrate the contingency of particular concepts of law. Utilising evidence from (...)
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  18.  21
    The Functions of Law.Michael Giudice - 2019 - Philosophical Quarterly 69 (277):864-867.
    The Functions of Law. By Ehrenberg Kenneth M..
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  19.  5
    Understanding the nature of law: a case for constructive conceptual explanation.Michael Giudice - 2015 - Cheltenham, UK: Edward Elgar Publishing.
    Understanding the Nature of Law explores methodological questions about how best to explain law. Among these questions, one is central: is there something about law which determines how it should be theorized? This novel book explains the importance of conceptual explanation by situating its methods and goals in relation to, rather than in competition with, social scientific and moral theories of law.
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  20.  45
    Ways of understanding diversity among theories of law.Michael Giudice - 2004 - Law and Philosophy 24 (5):509-545.
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  21. Methodology of Legal Theory.Wilfrid J. Waluchow, Michael Giudice & Maksymilian Del Mar - 2010 - Burlington, ON, Canada: Ashgate.
    The last decade has witnessed a particularly intensive debate over methodological issues in legal theory. The publication of Julie Dickson's Evaluation and Legal Theory (2001) was significant, as were collective returns to H.L.A. Hart's 'Postscript' to The Concept of Law. While influential articles have been written in disparate journals, no single collection of the most important papers exists. This volume - the first in a three volume series - aims not only to fill that gap but also propose a systematic (...)
     
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  22.  17
    A Common Law Theory of Judicial Review: The Living Tree W. J. Waluchow Cambridge Studies in Philosophy and Law New York: Cambridge University Press, 2007, x + 283 pp., $80.00. [REVIEW]Michael Giudice - 2008 - Dialogue 47 (2):398.
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  23.  24
    A Common Law Theory of Judicial Review: The Living TreeW. J. Waluchow Cambridge Studies in Philosophy and Law New York: Cambridge University Press, 2007, x + 283 pp., $80.00. [REVIEW]Michael Giudice - 2008 - Dialogue 47 (2):398-400.
  24.  3
    A Common Law Theory of Judicial Review: The Living TreeW. J. Waluchow Cambridge Studies in Philosophy and Law New York: Cambridge University Press, 2007, x + 283 pp., $80.00. [REVIEW]Michael Giudice - 2008 - Dialogue 47 (2):398-400.
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  25.  36
    Review of Andrei Marmor, Social Conventions: From Language to Law[REVIEW]Michael Giudice - 2010 - Notre Dame Philosophical Reviews 2010 (1).
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