Results for 'law and morals'

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  1.  43
    The centrality of aesthetic explanation.Natural Law, Moral Constructivism & Duns Scotus’S. Metaethics - 2012 - In Jonathan Jacobs (ed.), Reason, Religion, and Natural Law: From Plato to Spinoza. Oxford University Press.
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  2.  57
    Autonomy, sanity and moral theory.Iain Law - 2003 - Res Publica 9 (1):39-56.
    The concept of autonomy plays atleast two roles in moral theory. First, itprovides a source of constraints upon action:because I am autonomous you may not interferewith me, even for my own good. Second, itprovides a foundation for moral theory: humanautonomy has been thought by some to producemoral principles of a more general kind.This paper seeks to understand what autonomyis, and whether the autonomy of which we arecapable is able to serve these roles. We wouldnaturally hope for a concept of autonomy (...)
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  3.  27
    Complexities: Social Studies of Knowledge Practices.John Law & Annemarie Mol (eds.) - 2002 - Duke University Press.
    Although much recent social science and humanities work has been a revolt against simplification, this volume explores the contrast between simplicity and complexity to reveal that this dichotomy, itself, is too simplistic. John Law and Annemarie Mol have gathered a distinguished panel of contributors to offer—particularly within the field of science studies—approaches to a theory of complexity, and at the same time a theoretical introduction to the topic. Indeed, they examine not only ways of relating to complexity but complexity _in (...)
  4.  42
    Morals, methods and madness.Iain Law - 2000 - Res Publica 6 (1):93-104.
  5.  72
    The Many Moral Rationalisms: Jones, Karen and François Schroeter, eds, Oxford: Oxford University Press, 2018, pp. ix + 309, £55 (hardback).L. K. Gustin Law - 2020 - Australasian Journal of Philosophy:1-1.
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  6. Ethical Advance and Ethical Risk - A Mengzian Reflection.L. K. Gustin Law - 2020 - Dao: A Journal of Comparative Philosophy 19 (4):535-558.
    On one view of ethical development, someone not yet virtuous can reliably progress by engaging in what meaningfully resembles virtuous conduct. However, if the well-intended conduct is psychologically demanding, one's character, precisely because one is not yet virtuous, may worsen rather than improve. This risk of degradation casts doubt on the developmental view. I counter the doubt through one interpretation and one application of the Mengzi. In passage 2A2, invoking the image of a farmer who “helped” the crop grow by (...)
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  7.  6
    ‘I should do what?’ Addressing research misconduct through values alignment.Kate Chatfield & Emma Law - 2024 - Research Ethics 20 (2):251-271.
    Evidence suggests that the incidence of research misconduct is not in decline despite efforts to improve awareness, education and governance mechanisms. Two responses to this problem are favoured: first, the promotion of an agent-centred ethics approach to enhance researchers’ personal responsibility and accountability, and second, a change in research culture to relieve perceived pressures to engage in misconduct. This article discusses the challenges for both responses and explains how normative coherence through values alignment might assist. We argue that research integrity (...)
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  8.  39
    Freedom, Responsibility, and Value: Essays in Honor of John Martin Fischer.Taylor W. Cyr, Andrew Law & Neal A. Tognazzini (eds.) - 2023 - New York: Routledge.
    This volume celebrates the career of John Martin Fischer, whose work on a wide range of topics over the past forty years has been transformative and inspirational. Fischer's semicompatibilist view of free will and moral responsibility is perhaps the most widely discussed view of its kind, and his emphasis on the significance of reasons-responsiveness as the capacity that underlies moral accountability has been widely influential. Aside from free will and moral responsibility, Fischer is also well-known for his work on freedom (...)
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  9.  11
    Challenges to legal theory: essays in honour of Professor José Iturmendi Morales.José Iturmendi Morales, Falcón Y. Tella, María José, Martínez Muñoz, Juan Antonio & Deirdre B. Jerry (eds.) - 2021 - Boston: Brill | Nijhoff.
    Challenges to Legal Theory offers the reader a fascinating journey though a variety of multi-disciplinary topics, ranging from law and literature, and law and religion, to legal philosophy and constitutional law. The collection reflects some of the challenges that the field of legal theory currently faces. It is compiled by a selection of international and Spanish scholars, whose essays are made available in English translation for the first time. The volume is based on a collection of essays, published in Spanish, (...)
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  10.  40
    Psychiatry, Ethics, and Digital Phenotyping: Moral Challenges and Considerations for Returning Mental Health Research Results to College Students.Craig W. McFarland, Makenna E. Law, Ivan E. Ramirez, Ithika S. Senthilnathan & Kelisha M. Williams - 2024 - American Journal of Bioethics 24 (2):105-108.
    The integration of digital phenotyping in psychiatry promises unprecedented insights into mental health, particularly in college settings where mental well-being is a growing concern. The COVID-19...
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  11. Rule-consequentialism's dilemma.Iain Law - 1999 - Ethical Theory and Moral Practice 2 (3):263-276.
    This paper examines recent attempts to defend Rule-Consequentialism against a traditional objection. That objection takes the form of a dilemma, that either Rule-Consequentialism collapses into Act-Consequentialism or it is incoherent. Attempts to avoid this dilemma based on the idea that using RC has better results than using AC are rejected on the grounds that they conflate the ideas of a criterion of rightness and a decision procedure. Other strategies, Brad Hooker's prominent amongst them, involving the thought that RC need contain (...)
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  12.  27
    Quantum Mechanics and the Principle of Least Radix Economy.Vladimir Garcia-Morales - 2015 - Foundations of Physics 45 (3):295-332.
    A new variational method, the principle of least radix economy, is formulated. The mathematical and physical relevance of the radix economy, also called digit capacity, is established, showing how physical laws can be derived from this concept in a unified way. The principle reinterprets and generalizes the principle of least action yielding two classes of physical solutions: least action paths and quantum wavefunctions. A new physical foundation of the Hilbert space of quantum mechanics is then accomplished and it is used (...)
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  13.  54
    Humanism: a very short introduction.Stephen Law - 2011 - Oxford: Oxford University Press.
    Stephen Law explores how humanism uses science and reason to make sense of the world, looking at how it encourages individual moral responsibility and shows ...
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  14.  25
    Beyond Rights.John Laws - 2003 - Oxford Journal of Legal Studies 23 (2):265-280.
    Inter‐personal morals should be understood and described in the language of duties, not rights. Rights are self‐centred, duties other‐centred. Whereas duties are primarily a moral construct, rights are primarily a legal construct. There is an important distinction between the language appropriate for inter‐personal morals, and the language appropriate for the morals of the State. The first principle of the morals of the State is that the State holds its power as trustee for the people; otherwise we (...)
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  15. Authority, Law and Morality.Joseph Raz - 1985 - The Monist 68 (3):295-324.
    H. L. A. Hart is heir and torch-bearer of a great tradition in the philosophy of law which is realist and unromantic in outlook. It regards the existence and content of the law as a matter of social fact whose connection with moral or any other values is contingent and precarious. His analysis of the concept of law is part of the enterprise of demythologising the law, of instilling rational critical attitudes to it. Right from his inaugural lecture in Oxford (...)
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  16. Mengzi's Reception of Two All-Out Externality Statements on Yì 義.L. K. Gustin Law - forthcoming - Dao: A Journal of Comparative Philosophy.
    In Mengzi 6A4, Gaozi states that “yì 義 (propriety, rightness) is external, not internal.” In 6A5, Meng Jizi says of yì that “...it is on the external, not from the internal.” Their defenses are met with Mengzi’s resistance. What does he perceive and resist in these statements? Focusing on several key passages, I compare six promising interpretations. 6A4 and a relevant part of 2A2 can be rendered comparably sensible under each of the six. However, what Gaozi says in 6A1 clearly (...)
     
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  17.  41
    Is it all relative?Stephen Law - 2002 - Think 1 (2):69-82.
    According to relativists, people who speak simply of what's ‘true’ are naïve. ‘Whose truth?’ asks the relativist. ‘No claim is ever true, period. What's true is always true for someone. It's true relative to a particular person or culture. There's no such thing as the absolute truth on any issue.’ This sort of relativism is certainly popular. For example, many claim that we are wrong to condemn cultures with moral codes different from our own: their moralities are no less valid. (...)
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  18.  9
    Responsibility in law and morality.Peter Cane - 2002 - Portland, Or.: Hart.
    Lawyers who write about responsibility tend to focus on criminal law at the expense of civil and public law; while philosophers tend to treat responsibility as a moral concept,and either ignore the law or consider legal responsibility to be a more or less distorted reflection of its moral counterpart. This book aims to counteract both of these biases. By adopting a comparative institutional approach to the relationship between law and morality, it challenges the common view that morality stands to law (...)
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  19. Evil pleasure is good for you!Iain Law - 2008 - Ethic@ - An International Journal for Moral Philosophy 7 (1):15-23.
    Many people are uncomfortable with the idea that pleasure from certain sources is genuinely beneficial. These sources can be sorted into two classes: ones that involve others’ pain; and ones that involve what seems to be damage rather than benefit to the person involved. Here’s an example of the latter: a woman who claims that she enjoys her work performing in hard-core pornographic films. Some find it hard to take such a claim at face value – they instinctively assume that (...)
     
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  20. Ville paivansalo.Hobbesian Laws, Lockean Rights & Rawlsian Ideas - 2010 - In Virpi Mäkinen (ed.), The nature of rights: moral and political aspects of rights in late medieval and early modern philosophy. Helsinki: The Philosophical Society of Finland. pp. 225.
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  21.  7
    Knowledge, Perceptions, and Utilization of Generics and Biosimilars in Latin America and the Caribbean: A Scoping Review.Bernardo Aguilera, Sebastián Peña & Juan Pablo Morales - 2023 - Journal of Law, Medicine and Ethics 51 (S1):100-115.
    We conducted a scoping review to map and critically examine the knowledge, perceptions and utilization of generics and biosimilars, among physicians, pharmacists, patients, the general population, and other stakeholders from LAC.
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  22.  15
    The “Medical friendship” or the true meaning of the doctor-patient relationship from two complementary perspectives: Goya and Laín.Roger Ruiz-Moral - 2022 - Medicine, Health Care and Philosophy 25 (1):111-117.
    This essay aims to broaden the understanding of the nature of the physician–patient relationship. To do so, the concept of medical philia that Pedro Laín Entralgo proposes is analysed and is considered taking into consideration the relational trait of the human being and the structure of human action as a story of the permanent tension that exists between freedom and truth, where the ontological foundation of the hermeneutic of the "Gift" and the analogy of “Love” as the central dynamic of (...)
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  23. La coacción jurídica.Guadalupe Torres Morales - 1960 - México,:
     
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  24.  89
    Where law and morality meet.Matthew H. Kramer - 2004 - New York: Oxford University Press.
    How are law and morality connected, how do they interact, and in what ways are they distinct? In Part I of this book, Matthew Kramer argues that moral principles can enter into the law of any jurisdiction. He contends that legal officials can invoke moral principles as laws for resolving disputes, and that they can also invoke them as threshold tests which ordinary laws must satisfy. In opposition to many other theorists, Kramer argues that these functions of moral principles are (...)
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  25.  33
    Many students of Aristotle's Nicomachean Ethics recognize the value of comparisons between Aristotle and modern moralists. We are familiar with some of the ways in which reflection on Hume, Kant, Mill, Sidgwick, and more recent moral theorists can throw light on Aristotle. The light may come either from recognition of similarities or from a sharper awareness of differences.“Themes ancient and modern” is a familiar part of the contemporary study of Aristotle that needs no further commendation. [REVIEW]Natural Law Aquinas & Aristotelian Eudaimonism - 2006 - In Richard Kraut (ed.), The Blackwell Guide to Aristotle's Nicomachean Ethics. Blackwell.
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  26.  17
    Law and Morality at War.Adil Ahmad Haque - 2017 - Oxford University Press UK.
    The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid (...)
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  27.  15
    Natural law and moral inquiry: ethics, metaphysics, and politics in the work of Germain Grisez.Robert P. George (ed.) - 1998 - Washington, D.C.: Georgetown University Press.
    Collects ten essays on Germain Grisez's writings. Topics include the scriptural basis of Grisez's revision of moral theology, contraception, Grisez's metaphysical work, capital punishment, and the political common good in Aquinas. The book includes a response by Grisez and Joseph Boyle, Jr. to the e.
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  28.  60
    Law and Morality at War.Adil Ahmad Haque - 2014 - Criminal Law and Philosophy 8 (1):79-97.
    Through a critical engagement with Jeremy Waldron’s work, as well as the work of other writers, I offer an account of the relative scope of the morality of war, the laws of war, and war crimes. I propose an instrumentalist account of the laws of war, according to which the laws of war should help soldiers conform to the morality of war. The instrumentalist account supports Waldron’s conclusion that the laws of war justifiably prohibit attacks on civilians even if it (...)
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  29. Natural Law and Moral Philosophy: From Grotius to the Scottish Enlightenment.Knud Haakonssen - 1996 - New York, NY, USA: Cambridge University Press.
    This major contribution to the history of philosophy provides the most comprehensive guide to modern natural law theory available, sets out the full background to liberal ideas of rights and contractarianism, and offers an extensive study of the Scottish Enlightenment. The time span covered is considerable: from the natural law theories of Grotius and Suarez in the early seventeenth century to the American Revolution and the beginnings of utilitarianism. After a detailed survey of modern natural law theory, the book focuses (...)
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  30. Moral laws and moral worth.Elliot Salinger - 2022 - Philosophical Studies 179 (7):2347-2360.
    This essay concerns two forms of moral non-naturalism according to which general moral principles or laws enter into the grounding explanations of particular moral facts. According to bridge-law non-naturalism, the laws are themselves partial grounds of the moral facts; whereas according to grounding-law non-naturalism, the laws explain the grounding connections that obtain between particular natural facts and particular moral facts. I pose and develop an objection to BLNN concerning moral worth: as compared to GLNN, BLNN has trouble accommodating the common (...)
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  31. Law and Morality in Ancient China: The Silk Manuscripts of Huang-Lao.R. P. Peerenboom - 1990 - Dissertation, University of Hawai'i
    The 1973 archeological discovery of important documents of classical thought known as the Huang-Lao Boshu coupled with advancements in contemporary jurisprudence make possible a reassessment of the philosophies of pre-Qin and early Han China. This study attempts to elucidate the importance of the Huang-Lao school within the intellectual tradition of China through a comparison of the Boshu's philosophical position, particularly its understanding of the relation between law and morality, with the respective views of major thinkers of the period--Confucius, Han Fei, (...)
     
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  32.  11
    The Democratic Case for a Basic Income.Leticia Morales - 2019 - Law, Ethics and Philosophy 6.
  33.  5
    The Democratic Case for a Basic Income.Leticia Morales - 2019 - Law Ethics and Philosophy 6.
  34.  7
    Law and morality.Louis Blom-Cooper, Louis Jacques Blom-Cooper & Gavin Drewry (eds.) - 1976 - London: Duckworth.
  35.  37
    Respect for Autonomy: Its Demands and Limits in Biobanking. [REVIEW]Iain Law - 2011 - Health Care Analysis 19 (3):259-268.
    This paper argues that the demands of respect for autonomy in the context of biobanking are fewer and more limited than is often supposed. It discusses the difficulties of agreeing a concept of autonomy from which duties can easily be derived, and suggests an alternative way to determine what respect for autonomy in a biobanking context requires. These requirements, it argues, are limited to provision of adequate information and non-coercion. While neither of these is in itself negligible, this is a (...)
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  36. Natural law and moral disagreements.Thomas Aquinas - 2000 - In Christopher W. Gowans (ed.), Moral Disagreements: Classic and Contemporary Readings. New York: Routledge. pp. 55.
     
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  37.  88
    Law and moral disagreement : the case of abortion.David Archard - unknown
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  38.  8
    Law and Morals: Warnock, Gillick and Beyond.D. J. Cusine - 1987 - Journal of Medical Ethics 13 (3):164-165.
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  39.  14
    Natural Law and Moral Realism.Richard H. Beis - 1988 - Philosophie Et Culture: Actes du XVIIe Congrès Mondial de Philosophie 3:375-378.
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  40. On Necessary Relations Between Law and Morality.Robert Alexy - 1989 - Ratio Juris 2 (2):167-183.
    The author's thesis is that there is a conceptually necessary connection between law and morality which means legal positivism must fail as a comprehensive theory. The substantiation of this thesis takes place within a conceptual framework which shows that there are at least 64 theses to be distinguished, concerning the relationship of law and morality. The basis for the author's argument in favour of a necessary connection, is formed by the thesis that individual legal norms and decisions as well as (...)
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  41.  72
    Law and Morality.Leon Petraå¼Ycki - 1955 - Translation Publishers.
    Law and Morality has a basic objective: to analye interrelations between positive and intuitive law.
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  42.  24
    The Use of Precedents as Arguments of Authority, Arguments ab exemplo, and Arguments of Reason in Civil Law Systems.Leonor Moral Soriano - 1998 - Ratio Juris 11 (1):90-102.
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  43.  10
    Law and morals: proceedings of the special workshop held at the 28th World Congress of the International Association for Philosophy of Law and Social Philosophy in Lisbon, Portugal, 2017.André Ferreira Leite de Paula & Andrés Santacoloma Santacoloma (eds.) - 2019 - Stuttgart: Nomos.
    The relationship between law and morality is a topic which receives special importance and attention, especially in "liberal democracies" in which the law is supposed to regulate highly pluralized and fragmented societies. Under conditions of plurality of values, many social forces and legal theories require a certain kind of neutrality from the legal system, a means of compatibility of the many "world views" and "moral systems" that are present within the same social space. Such a conciliating commitment sounds particularly relevant (...)
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  44.  58
    Practical reason in law and morality.Neil MacCormick - 2008 - New York: Oxford University Press.
    Incentives and reasons -- Values and human nature -- Right and wrong -- Questions of trust -- Autonomy and freedom -- Obedience, freedom, and engagement : or utility? -- Society, property, and commerce -- On justice -- Using freedom well -- Judging : legal cases and moral questions -- Practical reason, law, and state.
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  45. International law and morality in the theory of secession.David Copp - 1998 - The Journal of Ethics 2 (3):219-245.
    In order responsibly to decide whether there ought to be an international legal right of secession, I believe we need an account of the morality of secession. I propose that territorial and political societies have a moral right to secede, and on that basis I propose a regime designed to give such groups an international legal right to secede. This regime would create a procedure that could be followed by groups desiring to secede or by states desiring to resolve the (...)
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  46. Law and morals: Warnock, Gillick, and beyond.Simon Lee - 1986 - New York: Oxford University Press.
    An examination of the relationship between law and morals, this wide-ranging book develops themes addressed by Hart and Devlin, relating them to issues and events of current interest. Lee covers such timely concerns as: the Moral Majority; embryo experiments and surrogate motherhood; contraception, children's rights, and parents' rights; informed medical consent; equality and discrimination; and freedom of expression and pornography. Stressing the relevance of these issues to the lives of all of us, Lee argues for broader participation in debate (...)
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  47. Let Law and Morals Be as Friends.J. Crawford - 1978 - Indian Philosophical Quarterly 6 (1):65-80.
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  48. Natural law and moral pluralism.Mark Cherry - 2004 - In Mark J. Cherry (ed.), Natural Law and the Possibility of a Global Ethics. Kluwer Academic Publishers. pp. 17--38.
     
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  49. Law and Morality under Evil Conditions. The SS Judge Konrd Morgen.Herlinde Pauer-Studer - 2012 - Jurisprudence 3 (2):367-390.
    In Anglo-American legal theory the lack of morality was often considered as the main problem of Nazi law. Bringing law and morality together thus seems to meet the challenge posed by the Nazi legal system. In this paper I argue that the mere unification of law and morality is not sufficient to cope with the distortions of Nazi law. By discussing the framework of the SS-jurisdiction and the case of the SS-judge Konrad Morgen I try to show that in the (...)
     
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  50.  9
    Law and morality: Leon Petrazycki.Leon Petrażycki - 1955 - Cambridge: Harvard University Press.
    In analyzing the socio-psychic nature and operations of intuitive legal rules, Petrazycki formulates a theory of law around five conceptual themes: anti-formalism, imperative-attributive legal relationships, law's functional control, law's subjective reality and morality. Petrazycki presents the two ways by which law coordinates and regulates social conduct as through its distributive and organizing functions. "Law and Morality" has a basic objective: to analyze interrelations between positive and intuitive law. Petrazycki's socio-psychic orientation toward law is behavioral as well as thoughtful. He finds (...)
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