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General jurisprudence: understanding law from a global perspective

New York: Cambridge University Press (2009)

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  1. The Nature and the Place of Presumptions in Law and Legal Argumentation.Raymundo Gama - 2017 - Argumentation 31 (3):555-572.
    This paper explores two persistent questions in the literature on presumptions: the place and the nature of presumptions in law and legal argumentation. These questions were originally raised by James Bradley Thayer, one of the masters of the Law of Evidence and the author of the classic chapter devoted this subject in A preliminary treatise on Evidence. Like Thayer, I believe that these questions deserve attention. First the paper shows that the connection between presumptions and argumentation is a constant feature (...)
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  • Juridification as politics: An institutional view.Mariano Croce - 2020 - Philosophy and Social Criticism 47 (9):1025-1042.
    In the existing literature on depoliticization, the increasing use of law as a medium to tackle social and political issues is deemed to be detrimental to the legitimacy of political processes. Aga...
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  • Memoirs of the Plague: Lawfare.Oscar Guardiola-Rivera - 2021 - Law and Critique 32 (2):139-146.
    This is an entry into a collective journal of the twenty-first century years of plague. It introduces the notion of ‘lawfare’ by way of the contemporary case concerning Lula da Silva and Brazil’s fall from grace. The latter is presented as an instance of violence in the international context, the managerial attitude to global disasters and, indeed, a plague. It chronicles the social struggles around the case and on that basis builds a somewhat playful manifesto for a new relationship between (...)
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  • Vilhelm Lundstedt’s ‘Legal Machinery’ and the Demise of Juristic Practice.Luca Siliquini-Cinelli - 2018 - Law and Critique 29 (2):241-264.
    This article aims to contribute to the academic debate on the general crisis faced by law schools and the legal professions by discussing why juristic practice is a matter of experience rather than knowledge. Through a critical contextualisation of Vilhelm Lundstedt’s thought under processes of globalisation and transnationalism, it is argued that the demise of the jurist’s function is related to law’s scientification as brought about by the metaphysical construction of reality. The suggested roadmap will in turn reveal that the (...)
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