Results for 'Theories of Law, Philosophy of Law, Legal History'

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  1.  1
    Vico and the social theory of law: the structure of legal communication.Paul A. Brienza - 2014 - Lewiston, New York: The Edwin Mellen Press.
    Paradox and origin : on the structure of legal communication -- History, law and hermeneutic self-reference -- Self-mastery and the conversion of force : an ethics of freedom -- The social metaphysics of law : Vico's communicative body and the paradoxical grounding of freedom and authority -- The creative formation and foundation of society's law : on the nature of poetic wisdom -- Between freedom and authority : Vico's history of roman law -- The technique of command (...)
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  2.  21
    The History and Foundations of Criticism of H.L.A. Hart’s Legal Positivism in R. Dworkin’s Philosophy of Law.Sofya V. Koval - 2019 - Russian Journal of Philosophical Sciences 62 (7):124-142.
    The paper discusses the Anglo-American philosophy of law of the 20th century, more specifically the philosophy of law of Ronald Myles Dworkin and his criticism of the legal positivism of Herbert Lionel Adolphus Hart. The author presents the history of the criticism of legal positivism in Ronald Dworkin’s philosophy of law and distinguishes historical stages. The subject of the study is the critique of legal positivism but not the Hart-Dworkin debate itself, well known (...)
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  3.  3
    Legal theory and the media of law.Thomas Vesting - 2018 - Northampton, MA, USA: Edward Elgar Publishing. Edited by James C. Wagner.
    As many disciplines in the humanities have experienced a focus on culture's impact in recent decades, questions surrounding the significance of media such as writing, print, and computer networks have become increasingly relevant. This book seeks to demonstrate that a media and cultural theory perspective can also be highly productive for legal theory. Thomas Vesting approaches law as an artificial and constructive element within culture and emphasizes the many possibilities that varied forms of media have opened to law, from (...)
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  4. 20th-Century Bulgarian Philosophy of Law: From Critical Acceptance of Kant’s Ideas to the Logic of Legal Reasoning.Vihren Bouzov - 2016 - In Enrico Pattaro & C. Roversi (eds.), A Treatise of Legal Philosophy and General Jurisprudence. V.12 (1), Legal Philosophy in the Twentieth Century: The Civil Law World. pp. 681-690.
    My analysis here is an attempt to bring out the main through-line in the development of Bulgarian philosophy of law today. A proper account of Bulgarian philosophy of law in the 20th century requires an attempt to find, on the one hand, a solution to epistemological and methodological problems in law and, on the other, a clear-cut influence of the Kantian critical tradition. Bulgarian philosophy of law follows a complicated path, ranging from acceptance and revision of Kantian (...)
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  5.  36
    An Institutional Theory of Law: New Approaches to Legal Positivism. By Neil MacCormick and Ota Weinberger. [REVIEW]Robert J. Henle - 1989 - Modern Schoolman 66 (2):166-167.
  6. The Philosophy of Law. History and Modernity.Volodymyr Kuznetsov (ed.) - 2003 - Stylos.
    The manual represents the evolution of the concept of law from antiquity to the end of XX century. It also describes some important Anglo-American directions in the philosophy of law, which are important for developments of Ukrainian legal system (legal positivism, naturalism, realism, criticism, feminism, economical theory of law, postmodernism, etc. The main text is supplemented with excerpts from the writings on the philosophy of law, which are little known for Ukrainian readers. The audience of textbook (...)
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  7.  17
    The Nature and process of law: an introduction to legal philosophy.Patricia Smith (ed.) - 1993 - New York: Oxford University Press.
    Unlike other works in philosophy of law, which focus on the nature of law in the abstract, this comprehensive anthology presents law as a "process," part and parcel of a system of government and defined constitutional procedures. Using the U.S. legal system as a model, it establishes the basis of law in political theory, then presents substantive issues in private and public law, illustrated throughout with important political documents and court cases and stimulating readings in history, law, (...)
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  8.  5
    Conditionals and Legal Reasoning. Elements of a Logic of Law.Shahid Rahman & Bernadette Dango - unknown
    The main aim of this paper is to study the notion of conditional right by means of constructive type theory (CTT) which provides the means to develop a system of contentual inferences rather than of syntactic derivations. Moreover, in line with Armgardt, we will first study the general notion of dependence as triggered by hypotheticals and then the logical structure of dependence specific to conditional right. I will develop this idea in a dialogical framework where the distinction between play-object and (...)
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  9.  7
    Oxford Studies in Philosophy of Law: Volume 1.Leslie Green & Brian Leiter (eds.) - 2011 - Oxford, GB: Oxford University Press UK.
    Oxford Studies in the Philosophy of Law is an annual forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The essays range widely over issues in general jurisprudence, the philosophical foundations of specific areas of law, the history of legal philosophy, and related philosophical topics that illuminate the problems of legal theory. OSPL will be essential reading for philosophers, academic lawyers, political scientists, and (...)
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  10.  2
    The Type Theory of Law: An Essay in Psychoanalytic Jurisprudence.Marko Novak - 2016 - Cham: Imprint: Springer.
    This volume presents a Type Theory of Law (TTL), claiming that this is a unique theory of law that stems from the philosophical understanding of Jung's psychological types applied to the phenomenon of law. Furthermore, the TTL claims to be a universal, general and descriptive account of law. To prove that, the book first presents the fundamentals of Jungian psychological types, as they had been invented by Jung and consequently developed further by his followers. The next part of the book (...)
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  11.  6
    A Treatise of Legal Philosophy and General Jurisprudence, Volume 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics.Fred D. Miller Jr & Carrie-Ann Biondi (eds.) - 2007 - Springer.
    The first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is (...)
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  12.  3
    Challenging the Rule of Law Universalism: Why Marxist Legal Thought Still Matters.Anna Piekarska - 2023 - Law and Critique 34 (2):269-285.
    The primary aim of this article is to present the rule of law universalism as a relevant theoretical and socio-political issue that critical legal thought needs to contend with. In order to do so, this issue is described through a Marxist theoretical framework, which aids in identifying the consequences of this universalism. Furthermore, the Marxist theoretical framework is suggested as a countermeasure that allows for going beyond it. The rule of law universalism is analysed as a process connected to (...)
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  13.  2
    Five Legal Revolutions Since the 17th Century: An Analysis of a Global Legal History.Jean-Louis Halpérin - 2014 - Cham: Imprint: Springer.
    This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on the legal field. Readers will discover a non-linear approach to legal history as this work investigates the ways in which law is created. These chapters look at factors in legal revolution such as the role of agents, the policy of applying and publicising legal norms, codification and the orientations of (...) writing, and there is a focus on the publicization of law. The author uses Herbert Hart's schemes to conceive law as a human artefact or convention, being the union between primary rules of obligations and secondary rules conferring powers. Here we learn about those secondary rules and the legal construction of the Modern state, and we question the extent to which codification and law reporting were likely to revolutionize the legal field. These chapters examine the hypothesis of a legal revolution that could have concerned many countries in modern times. To begin with, the book considers the legal aspect of the construction of Modern States in the 17th and 18th centuries. It goes on to examine the consequences of the codification movement as a legal revolution before looking at the so-called "constitutional" revolution, linked with the extension of judicial review in many countries after World War II. Finally, the book enquires into the construction of an EU legal order and international law. In each of these chapters, the author measures the scope of the change, how the secondary rules are concerned, the role of the professional lawyers and what are the characters of the new configuration of the legal field. This book provokes new debates in legal philosophy about the rule of change and will be of particular interest to researchers in the fields of law, theories of law, legal history, philosophy of law and historians more broadly. (shrink)
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  14. Democratizing Constitutional Law: Perspectives on Legal Theory and the Legitimacy of Constitutionalism.Thomas Bustamante & Bernardo Gonçalves Fernandes (eds.) - 2016 - Cham: Imprint: Springer.
    This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on "weak judicial review". Although different in their approach, the chapters all (...)
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  15.  1
    Legal Scholarship as a Source of Law.Fábio P. Shecaira - 2013 - Cham: Imprint: Springer.
    This book is about the use of legal scholarship by judges. It discusses the possibility that legal scholarship may function as a genuine source of law in modern municipal legal systems. The book advances a number of claims, some conceptual, some empirical, some normative. The major conceptual claims are found in Chapters 2 and 3, where a general account of the notion of a source of law is provided. Roughly, sources of law are documents or practices (e.g. (...)
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  16.  13
    Radical philosophy of law: contemporary challenges to mainstream legal theory and practice.David Stanley Caudill & Steven Jay Gold (eds.) - 1995 - Atlantic Highlands, N.J.: Humanities Press.
    Radical Philosophy of Law represents a cross section of contemporary critiques of the legal establishment—its theoretical foundations and its institutions and processes. Recognizing that proposals for alternatives to mainstream legal theory and practice do not belong to any single discipline, Caudill and Gold select essays by scholars in philosophy, sociology, criminology, and political theory, in addition to law professors and practitioners. Recognizing, as well, that no single perspective dominates radical legal theory, the essays exemplify the (...)
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  17.  3
    Radical Philosophy of Law: Contemporary Challenges to Mainstream Legal Theory and Practice.David S. Caudill (ed.) - 1995 - Atlantic Highlands, N.J.: Humanity Books.
    Radical Philosophy of Law represents a cross section of contemporary critiques of the legal establishment—its theoretical foundations and its institutions and processes. Recognizing that proposals for alternatives to mainstream legal theory and practice do not belong to any single discipline, Caudill and Gold select essays by scholars in philosophy, sociology, criminology, and political theory, in addition to law professors and practitioners. Recognizing, as well, that no single perspective dominates radical legal theory, the essays exemplify the (...)
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  18.  45
    Legal Theory Lexicon: Legal Theory, Jurisprudence, and the Philosophy of Law.Lawrence B. Solum - unknown
    The Legal Theory Lexicon series usually explicates some concept in legal theory, jurisprudence, or philosophy of law. But what are those fields and how do they relate to each other? Is "jurisprudence" a synonym for "philosophy of law" or are these two overlapping but distinct fields? Is "legal theory" broader or narrower than jurisprudence? And why should we care about this terminology? As always, this entry in the Legal Theory Lexicon series is aimed at (...)
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  19.  2
    Anglo-American Philosophy of Law: An Introduction to Its Development and Outcome.Beryl Harold Levy - 1991 - Transaction.
    An account of successive legal theories in England and America against a background of the varieties of natural law in the ancient, medieval and modern worlds. The outcome in Legal Realism provides insight into contemporary issues in law and the judicial process and their relation to moral philosophy. As Levy shows, legal theory has always been inspired by forces outside the law in philosophy and politics. In England the philosophy of Utilitarianism as expounded (...)
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  20. Philosophy of Law and Legal Theory: An Anthology.Dennis M. Patterson (ed.) - 2003 - Malden, MA: Wiley-Blackwell.
    This carefully selected set of readings presents some of the most important articles in the field. The collection is essential reading for anyone with an interest in legal philosophy. Gathers together some of the most important articles in the field of philosophy of law and legal theory. Complements Dennis Patterson's _A Companion to Philosophy of Law and Legal Theory _. Represents essential reading for the beginning law student.
     
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  21.  16
    Philosophy of Law and Legal Theory: An Anthology.Dennis M. Patterson (ed.) - 2003 - Malden, MA: Wiley-Blackwell.
    This carefully selected set of readings presents some of the most important articles in the field. The collection is essential reading for anyone with an interest in legal philosophy. Gathers together some of the most important articles in the field of philosophy of law and legal theory. Complements Dennis Patterson's _A Companion to Philosophy of Law and Legal Theory_. Represents essential reading for the beginning law student.
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  22.  30
    Rhetoric and the rule of law: a theory of legal reasoning.Neil MacCormick - 2005 - New York: Oxford University Press.
    This book discusses theories of legal reasoning and provides an overall view of the rhetoric of legal justification. It shows how and why lawyers arguments can be rationally persuasive even though rarely, if ever, logically conclusive or compelling. It examines the role of "legal syllogism" and universality of legal reasoning, looking at arguments of consequentialism and principle, and concludes by questioning the infallibility of judges as lawmakers.
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  23.  9
    Oxford studies in philosophy of law volume 4.John Gardner, Leslie Green & Brian Leiter (eds.) - 2021 - New York: Oxford University Press.
    This volume provides a forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The chapters range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning); the philosophical foundations of specific areas of law (from criminal law to evidence to international law); the history of legal philosophy; and related philosophical topics that illuminate the problems of legal theory.
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  24.  2
    Legal theory and philosophy of law: towards contemporary challenges.Andrzej Bator & Zbigniew Pulka (eds.) - 2013 - Warsaw: Scholar Publishing House.
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  25.  2
    Legal philosophical library : an international bibliography of philosophy and theory of law.Carla Faralli & Enrico Pattaro - 1984 - Milano: A. Giuffre.
  26.  1
    The Formation and Transmission of Western Legal Culture: 150 Books that Made the Law in the Age of Printing.Serge Dauchy, Georges Martyn, Anthony Musson, Heikki Pihlajamäki & Alain Wijffels (eds.) - 2016 - Cham: Imprint: Springer.
    This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each 'old book' is analyzed by a recognized (...)
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  27.  2
    Internationalization of Law: Globalization, International Law and Complexity.Marcelo Dias Varella - 2014 - Berlin, Heidelberg: Imprint: Springer.
    The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international), and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, (...)
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  28.  5
    It is the Interaction, not a Specific Feature! A Pluralistic Theory of the Distinctiveness of Criminal Law.Javier Wilenmann - 2021 - Criminal Law and Philosophy 17 (1):61-70.
    The paper defends an interactive theory of the distinctiveness of criminal law. It argues that criminal law’s distinctive behavior can be connected to the interaction between five traits: it is an institutional practice administered by a large and special bureaucracy, playing a substantial role in authorizing the use of coercive police force, leading to a harsh sanctioning regime linked, at least in part, with core wrongs and notions of personal responsibility. Although none of these features is exclusive to criminal law, (...)
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  29.  1
    A History of the Application of Islamic Law in Nigeria.Yushau Sodiq - 2017 - Cham: Imprint: Palgrave Macmillan.
    This work analyzes the history of the application of Islamic law (Shari`ah) in Nigeria. It analyzes how Islamic law emerged in Nigeria toward the beginning of the 19th century and remained applicable until the arrival of the British Colonial regime in Northern Nigeria in 1903. It sheds light on how the law survived colonial rule and continues until today. Dr. Yushau Sodiq analyzes progressive elements in Islamic law over the past two centuries. He goes on to discuss many objections (...)
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  30.  5
    Natural Law: An Introduction to Legal Philosophy.Alexander Passerin D'Entrèves & Cary J. Nederman - 1994 - New Brunswick, N.J.: Routledge.
    This is the classic study of the history and continuing philosophical values of the law of nature. D'Entreves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 (...)
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  31.  13
    Kelsenian Legal Science and the Nature of Law.John McGarry, Ian Bryan & Peter Langford (eds.) - 2017 - Cham: Springer Verlag.
    This book critically examines the conception of legal science and the nature of law developed by Hans Kelsen. It provides a single, dedicated space for a range of established European scholars to engage with the influential work of this Austrian jurist, legal philosopher, and political philosopher. The introduction provides a thematization of the Kelsenian notion of law as a legal science. Divided into six parts, the chapter contributions feature distinct levels of analysis. Overall, the structure of the (...)
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  32.  4
    Theory of international law.Robert Kolb - 2016 - Portland, Oregon: Hart Publishing.
    History and characteristics of International law -- Foundation, sources and structural principles of International law -- The subjects of International law -- Questions of method and the structure of rules in International law -- The 'Lotus Rule' on residual state freedom -- The effectiveness of International law -- International society or International community? -- The relationship between International law and politics -- The relationship of International law with certain cardinal legal notions.
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  33. Natural law: an introduction to legal philosophy.Alessandro Passerin D'Entrèves - 1951 - New York: Hutchinson's University Library.
    This is the classic study of the history and continuing philosophical values of the law of nature. D'Entrèves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 (...)
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  34.  29
    Legal Vices and Civic Virtue: Vice Crimes, Republicanism and the Corruption of Lawfulness. [REVIEW]Ekow N. Yankah - 2013 - Criminal Law and Philosophy 7 (1):61-82.
    Vice crimes, crimes prohibited in part because they are viewed as morally corrupting, engage legal theorists because they reveal importantly contrasting views between liberals and virtue-centered theorists on the very limits of legitimate state action. Yet advocates and opponents alike focus on the role law can play in suppressing personal vice; the role of law is seen as suppressing licentiousness, sloth, greed etc. The most powerful advocates of the position that the law must nurture good character often draw on (...)
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  35. Law and Philosophy: Selected Papers in Legal Theory.Csaba Varga (ed.) - 1994 - Budapest: ELTE “Comparative Legal Cultures” Project.
    Photomechanical reprint of papers from 1970 to 1992 mostly in English, some in German or French: Foreword 1–4; LAW AS PRACTICE ‘La formation des concepts en sciences juridiques’ 7–33, ‘Geltung des Rechts – Wirksamkeit des Rechts’ 35–42, ‘Macrosociological Theories of Law’ 43–76, ‘Law & its Inner Morality’ 77–89, ‘The Law & its Limits’ 91–96; LAW AS TECHNIQUE ‘Domaine »externe« & domaine »interne« en droit’ 99–117, ‘Die ministerielle Begründung’ 119–139, ‘The Preamble’ 141–167, ‘Presumption & Fiction’ 169–185, ‘Legal Technique’187–198; LAW (...)
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  36.  96
    Natural law: an introduction to legal philosophy.Alessandro Passerin D'Entrèves - 2004 - New Brunswick, N.J.: Transaction Publishers.
    This is the classic study of the history and continuing philosophical values of the law of nature. D'Entrèves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 (...)
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  37. Contemporary legal philosophising: Schmitt, Kelsen, Lukács, Hart, & law and literature, with Marxism's dark legacy in Central Europe (on teaching legal philosophy in appendix).Csaba Varga - 2013 - Budapest: Szent István Társulat.
    Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 (...)
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  38.  2
    On the Individuation of Laws and the Interpretation-Construction Distinction.Marcin Matczak - forthcoming - Res Publica:1-20.
    The problem of the individuation of laws, identified by Bentham, is dismissed as irrelevant to legal philosophy by some commentators. This paper presents individuation as crucial for understanding the cognitive processes underlying legal interpretation. It draws on the work of Maciej Zieliński and Teun van Dijk to show that legal interpretation is based on deriving legal rules qua semantic macrostructures from a legal text treated as a complex discourse. The Zieliński/van Dijk model also lends (...)
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  39.  2
    Signs In Law - A Source Book: The Semiotics of Law in Legal Education III.Jan M. Broekman & Larry Catá Backer (eds.) - 2014 - Cham: Imprint: Springer.
    This volume provides a critical roadmap through the major historical sources of legal semiotics as we know them today. The history of legal semiotics, now at least a century old, has never been written (a non-event itself pregnant with semiotic possibility). As a consequence, its sources are seldom clearly exposed and, as word, object and meaning change, are sometimes lost. They reach from an English translation of the 1916 inaugural lecture of the first Chair in Legal (...)
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  40.  12
    Philosophy of Law and Legal Theory: An Anthology.Francis J. Beckwith - 2003 - Philosophia Christi 5 (1):350-352.
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  41.  91
    The pluralistic universe of law: Towards a neo-classical legal pragmatism.Susan Haack - 2008 - Ratio Juris 21 (4):453-480.
    After a brief sketch of the history of philosophical pragmatism generally, and of legal pragmatism specifically (section 1), this paper develops a new, neo-classical legal pragmatism: a theory of law drawing in part on Holmes, but also on ideas from the classical pragmatist tradition in philosophy. Main themes are the "pluralistic universe" of law (section 2); the evolution of legal systems (section 3); the place of logic in the law (section 4); and the relation of (...)
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  42.  95
    Introduction to the problems of legal theory: a translation of the first edition of the Reine Rechtslehre or Pure theory of law.Hans Kelsen - 1992 - New York: Oxford University Press.
    One of the leading legal philosophers of this century, Kelsen published this short treatise in 1934, when the neo-Kantian influence on his work was at its zenith. An earlier, "constructivist" phase had been displaced by his effort to provide something approximating a neo-Kantian foundation for his theory. If this second phase represents the Pure Theory of Law in its most characteristic form, then the present treatise may well be its central text. And of Kelsen's many statements of the Pure (...)
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  43.  4
    An Uneven and Combined Development Theory of Law: Initiation.Susan Dianne Brophy - 2017 - Law and Critique 28 (2):167-191.
    That various legal orders preside in any one jurisdiction has long been seen as evidence of legal pluralism; however, this approach lacks a systematic understanding of history in general, and as such, tells us little about the inner machinations of law’s relation to capitalist development in particular. What is needed instead is a dialectical materialist approach to legal development; for this reason, I tender an uneven and combined development theory of law. Law flexes in concert with (...)
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  44.  4
    Kant's theory of law: proceedings of the special workshop "Kant's Concept of Law" held at the 26th World Congress of the International Association for Philosophy of Law and Social Philosophy in Belo Horizonte, 2013.Jean-Christophe Merle & Alexandre Trivisonno (eds.) - 2015 - [Baden-Baden]: Nomos.
    This volume presents an extended version of the contributions presented at the workshop "Kant's Concept of Law" held at the 26th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR) in 2013. It handles issues of applied legal philosophy in Kant's Doctrine of Right such as ownership, the alleged right of necessity, the right of resistance and the right of revolution. With each of these applied issues, the focus lies, on the (...)
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  45. Hans Kelsen's pure theory of law: legality and legitimacy.Lars Vinx - 2007 - New York: Oxford University Press.
    Three paradigms of legal positivism -- The pure theory of law : science or political theory? -- Kelsen's principles of legality -- Kelsen's theory of democracy : reconciliation with social order -- Democratic constitutionalism : Kelsen's theory of constitutional review -- Kelsen's legal cosmopolitanism -- Conclusions : the pure theory of law and contemporary positivism.
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  46. A Companion To Philosophy Of Law And Legal Theory. [REVIEW]David Archard - 1998 - Radical Philosophy 88.
  47.  22
    Law, Recognition and Labor. Some Remarks on Marek Siemek’s Theory of Modernity.Janusz Ostrowski - 2009 - Dialogue and Universalism 19 (3-5):237-244.
    From the perspective of Marek J. Siemek’s theory of modernity, one of the most important problem is to include conflicts into institutional framework of the modern society. He reinterprets Hegel’s dialectics of the struggle for recognition by conceptual tools of Hobbes and Marx in order to uncover hidden assumptions and conditions of possibility of the social rationality. For Siemek, law as purely formal, autopoetic social system or social subject, which produces individual subjects, is the first of the conditions of possibility (...)
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  48.  10
    From Theory of Rhetoric to the Practice of Language Use: The Case of Appeals to Ethos Elements.Marcin Koszowy, Katarzyna Budzynska, Martín Pereira-Fariña & Rory Duthie - 2022 - Argumentation 36 (1):123-149.
    In their book Commitment in Dialogue, Walton and Krabbe claim that formal dialogue systems for conversational argumentation are “not very realistic and not easy to apply”. This difficulty may make argumentation theory less well adapted to be employed to describe or analyse actual argumentation practice. On the other hand, the empirical study of real-life arguments may miss or ignore insights of more than the two millennia of the development of philosophy of language, rhetoric, and argumentation theory. In this paper, (...)
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  49. A Companion to Philosophy of Law and Legal Theory.Dennis M. Patterson (ed.) - 1996 - Blackwell.
    The articles in this new edition of A Companion to Philosophy of Law and Legal Theory have been updated throughout, and the addition of ten new articles ensures ...
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  50.  2
    The future of post-human law: a preface to a new theory of necessity, contingency and justice.Peter Baofu - 2010 - Newcastle upon Tyne, UK: Cambridge Scholars Press.
    What makes the rule of law so special that it is to conscientiously punish the â oebadâ doers and reward the â oegoodâ onesâ "such that, where there is the rule of law, peace and order are to be expected, so that â oethe rule of law is better than the rule of any individualâ? Take the case of international law, as an illustration. While different international courts have been busy going after the killers of innocent victims in Rwanda and (...)
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