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Asking the law question

Holmes Beach, Fla.: W.W. Gaunt & Sons [distributor] (1994)

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  1. Epinomia: Plato and the First Legal Theory.Eric Heinze - 2007 - Ratio Juris 20 (1):97-135.
    In comparison to Aristotle, Plato's general understanding of law receives little attention in legal theory, due in part to ongoing perceptions of him as a mystic or a totalitarian. However, some of the critical or communitarian themes that have guided theorists since Aristotle find strong expression in Plato's work. More than any thinker until the nineteenth and twentieth centuries, Plato rejects the rank individualism and self-interest which, in his view, emerge from democratic legal culture. He rejects schisms between legal norms (...)
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  • A theory of legislation from a systems perspective.Peter Harrison - unknown
    In this thesis I outline a view of primary legislation from a systems perspective. I suggest that systems theory and, in particular, autopoietic theory, as modified by field theory, is a mechanism for understanding how society operates. The description of primary legislation that I outline differs markedly from any conventional definition in that I argue that primary legislation is not, and indeed cannot be, either a law or any of the euphemisms that are usually accorded to an enactment by a (...)
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  • What Is “Law,” if “the Law” Is not Something that “Is”? A Modest Contribution to a Major Question.Dan Jerker B. Svantesson - 2013 - Ratio Juris 26 (3):456-485.
    After proposing an alternative definition of what “law” (jurisprudential concept) is, this article demonstrates the impossibility of identifying “the law” (what law-makers announce, relative to a particular jurisdiction) as something that is in a particular way. Rather, the law is a more or less abstract range of options. Drawing upon this conclusion, the article calls for a reassessment of how we view the role of law-makers. We need to remove the mystery that surrounds the law so as to provide for (...)
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  • The Rise and Fall of Ziggy Stardust and Natural Law.Robbie Sykes & Kieran Tranter - 2018 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 31 (2):325-347.
    In Natural Law and Natural Rights, John Finnis delves into the past, attempting to revitalise the Thomist natural law tradition cut short by opposing philosophers such as David Hume. In this article, Finnis’s efforts at revival are assessed by way of comparison with—and, indeed, contrast to—the life and art of musician David Bowie. In spite of their extravagant differences, there exist significant points of connection that allow Bowie to be used in interpreting Finnis’s natural law. Bowie’s work—for all its appeals (...)
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  • Book Review: Introduction to Feminist Jurisprudence. [REVIEW]Jane Scoular - 2000 - Feminist Theory 1 (1):123-126.
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  • Silence in court: the devaluation of the stories of nurses in the narratives of health law.Mary Chiarella - 2000 - Nursing Inquiry 7 (3):191-199.
    Silence in court: the devaluation of the stories of nurses in the narratives of health lawThis paper sets out to address one of the major findings from an extensive analysis of case law involving nurses from 1904 to 1999. The 180 cases were collected from the civil, coronial, professional and industrial jurisdictions of Australia, Canada and the UK. It specifically examines the way in which nurses’ voices and experiences are excluded from legislation and case law, and the resultant effect which (...)
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