Results for 'Rule of Law'

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  1. The Rule of Law and Equality.Paul Gowder - 2013 - Law and Philosophy 32 (5):565-618.
    This paper describes and defends a novel and distinctively egalitarian conception of the rule of law. Official behavior is to be governed by preexisting, public rules that do not draw irrelevant distinctions between the subjects of law. If these demands are satisfied, a state achieves vertical equality between officials and ordinary people and horizontal legal equality among ordinary people.
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  2. The Rule of Law and the Importance of Procedure.Jeremy Waldron - 2011 - Nomos 50:3-31.
    Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that (...)
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  3. Republican Freedom and the Rule of Law.Christian List - 2006 - Politics, Philosophy and Economics 5 (2):201-220.
    At the core of republican thought, on Philip Pettit’s account, lies the conception of freedom as non-domination, as opposed to freedom as noninterference in the liberal sense. I revisit the distinction between liberal and republican freedom and argue that republican freedom incorporates a particular rule-of-law requirement, whereas liberal freedom does not. Liberals may also endorse such a requirement, but not as part of their conception of freedom itself. I offer a formal analysis of this rule-of-law requirement and compare (...)
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  4. Rule of Law Abolitionism.Benjamin S. Yost - 2008 - Studies in Law, Politics, and Society.
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  5. Political Theory and the Rule of Law.Judith N. Shklar - 1987 - In Allan Hutchinson & Patrick J. Monahan (eds.), The rule of law: Ideal or ideology. pp. 1-16.
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  6.  76
    Mitochondrial Replacement Techniques and Mexico’s Rule of Law: On the Legality of the First Maternal Spindle Transfer Case.César Palacios-González - 2017 - Journal of Law and the Biosciences 4 (1):50–69.
    News about the first baby born after a mitochondrial replacement technique (MRT; specifically maternal spindle transfer) broke on September 27, 2016 and, in a matter of hours, went global. Of special interest was the fact that the mitochondrial replacement procedure happened in Mexico. One of the scientists behind this world first was quoted as having said that he and his team went to Mexico to carry out the procedure because, in Mexico, there are no rules. In this paper, we explore (...)
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  7. Autonomous Weapons and the Nature of Law and Morality: How Rule-of-Law-Values Require Automation of the Rule of Law.Duncan MacIntosh - 2016 - Temple International and Comparative Law Journal 30 (1):99-117.
    While Autonomous Weapons Systems have obvious military advantages, there are prima facie moral objections to using them. By way of general reply to these objections, I point out similarities between the structure of law and morality on the one hand and of automata on the other. I argue that these, plus the fact that automata can be designed to lack the biases and other failings of humans, require us to automate the formulation, administration, and enforcement of law as much as (...)
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  8. Institutional Corruption and the Rule of Law.Paul Gowder - 2014 - Les ateliers de l'éthique/The Ethics Forum 9 (1):84-102.
    The literature contains two concepts of corruption which are often confused with one another: corruption as twisted character (pollution), and corruption as disloyalty. It also contains two sites for corruption: the corruption of individuals, and the corruption of entire institutions such as a state or a legislature.This paper first draws a clear distinction between the pollution and disloyalty concepts of corruption in the individual context, and then defends a conception of disloyalty corruption according to which the distinguishing feature is an (...)
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  9. The Rule of Law.E. P. Thompson - 2013 - In Whigs and Hunters: The Origin of the Black Act. pp. 202-210.
    Originally published in 1975, this is the concluding section of E.P. Thompson's study of the 18th century English legislation known as "the Black Act." Thompson, a Marxist historian, here embraces and defends the notion of the rule of law, famously calling it "an unqualified human good" (p. 208).
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  10.  55
    Decolonizing the Rule of Law: Mabo's Case and Postcolonial Constitutionalism.Duncan Ivison - 1997 - Oxford Journal of Legal Studies 17 (2):253-280.
    Aboriginal claims for self-government in the Americas and Australasia are distinctive for being less about secession—at least so far—than about demanding an innovative rethinking of the regulative norms and institutions within and between already established nation-states. Recent cases in Australia (and Canada) provide an opportunity to consider the nature of such claims, and some of the theoretical implications for regulative conceptions of sovereignty and the rule of law. A general question informing the entire discussion here is: how do particular (...)
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  11.  66
    Author's Response to Peer Commentaries: Mexico's Rule of Law and MRTs.César Palacios-González & María de Jesús Medina-Arellano - 2017 - Journal of Law and the Biosciences 4 (3):623–629.
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  12.  59
    Legality of Rule of Law with Chinese Characteristics: A Case of “Ultra-Sinoism”.Ammar Younas - 2020 - Russian Law Journal 8 (4):53-91.
    The legal progression in China is portrayed negatively by western scholars who often argue that the state institutions in China are subordinate to the control of Chinese Communist Party’s leadership which makes these institutions politically insignificant. We consider that the legal progression in China has an instrumental role in achieving “Harmonious Socialist Society.” The purpose of this thesis is to provide an analytical literature review of scholastic work to explain the legality of rule of law in China and to (...)
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  13. The International Rule of Law and Killing in War.Jovana Davidovic - 2012 - Social Theory and Practice 38 (3):531-553.
    In this paper, I suggest that for some proposed solutions to global justice problems, incompatibility with the necessary features of international law is a reason to reject them. I illustrate this by discussing the problem raised by the case of unjust combatants, that is, combatants lacking a just cause for war. I argue that the principle of inequality of combatants, which suggests that we ought to prohibit those without a just cause for war from fighting, is not only a bad (...)
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  14. Constitutional Rights and the Rule of Law.T. R. S. Allan - 2012 - In Matthias Klatt (ed.), Institutionalized Reason: The Jurisprudence of Robert Alexy. Oxford University Press.
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  15. Rechtsgefühl and the Rule of Law.Roger Scruton - 1988 - In J. C. Nyíri & Barry Smith (eds.), Practical Knowledge. Outlines of a Theory of Traditions and Skills. Croom Helm. pp. 61.
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  16. Introduction: Symposium on Paul Gowder, the Rule of Law in the Real World.Matthew J. Lister - 2018 - St. Louis University Law Journal 62 (2):287-91.
    This is a short introduction to a book symposium on Paul Gowder's recent book, _The Rule of Law in thee Real World_ (Cambridge University Press, 2016). The book symposium will appear in the St. Luis University Law Journal, 62 St. Louis U. L.J., -- (2018), with commentaries on Gowder's book by colleen Murphy, Robin West, Chad Flanders, and Matthew Lister, along with replies by Paul Gowder.
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  17. Reconciling the Principled Approach to Hearsay with the Rule of Law.Andrew Botterell - 2014 - Supreme Court Law Review 65 (2d):145-168.
    My goal in this paper is to argue that the principled approach to hearsay is consistent with the rule of law. I begin by contrasting an instrumental conception of the rule of law with a conception that views the rule of law in primarily normative terms. I then turn my attention to a recent criticism of the Supreme Court of Canada’s principled approach to hearsay and suggest that if Michael Oakeshott’s normative interpretation of the rule of (...)
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  18.  87
    Procedure-Content Interaction in Attitudes to Law and in the Value of the Rule of Law: An Empirical and Philosophical Collaboration.Noam Gur & Jonathan Jackson - forthcoming - In Meyerson Denise, Catriona Mackenzie & Therese MacDermott (eds.), Procedural Justice and Relational Theory: Philosophical, Empirical and Legal Perspectives. Routledge.
    This chapter begins with an empirical analysis of attitudes towards the law, which, in turn, inspires a philosophical re-examination of the moral status of the rule of law. In Section 2, we empirically analyse relevant survey data from the US. Although the survey, and the completion of our study, preceded the recent anti-police brutality protests sparked by the killing of George Floyd, the relevance of our observations extends to this recent development and its likely reverberations. Consistently with prior studies, (...)
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  19.  76
    Making Good Sense: Pragmatism's Mastery of Meaning, Truth, and Workable Rule of Law.Harold Anthony Lloyd - forthcoming - Wake Forest Journal of Law and Policy.
    The hermeneutic pragmatism explored in this article timely examines how “post-truth” claims over-estimate semantic freedoms while at the same time underestimating semantic and pre-semantic restraints. Such pragmatism also timely examines how formalists err by committing the reverse errors. Drawing on insights from James, Peirce, Putnam, Rorty, Gadamer, Derrida, and others, such hermeneutic pragmatism explores (1) the necessary role of both internal and objective experience in meaning, (2) the resulting instrumental nature of concepts required to deal with such experience, (3) the (...)
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  20.  33
    Del filósofo-rey al imperio de la ley. Una evaluación de las aportaciones de Platón al rule of law.Jorge Crego - 2020 - Anuario de Filosofía Del Derecho 36:195-224.
    Plato’s idea of the second-best state is the first appearance of the rule of law. It is considered as a realistic alternative to the government of the Philosopher King, differ-ing formally from it on the employment of general rules. The aim of this paper is to elaborate an articulation of both proposals and to better understand that of the rule of law within Plato’s thought. The main differences between it and the modern theories of the rule of (...)
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  21. Why Judicial Formalism is Incompatible with the Rule of Law.Matczak Marcin - manuscript
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  22. Quasi-Expressivism About Statements of Law: A Hartian Theory.Stephen Finlay & David Plunkett - forthcoming - In John Gardner, Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law, vol. 3. Oxford University Press.
    Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This consists in a (...)
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  23. On the Fundamentals of Law and Public Policy.Kiyoung Kim - 2015 - SSRN.
    We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...)
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  24. Sexual Consent as Voluntary Agreement: Tales of “Seduction” or Questions of Law?Lucinda Vandervort - 2013 - New Criminal Law Review 16 (1):143-201.
    This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a specific (...)
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  25. 'More Likely Than Not' - Knowledge First and the Role of Statistical Evidence in Courts of Law.Michael Blome-Tillmann - 2017 - In Adam Carter, Emma Gordon & Benjamin Jarvis (eds.), Knowledge First - Approaches in Epistemology and Mind. Oxford, UK: Oxford University Press. pp. 278-292.
    The paper takes a closer look at the role of knowledge and evidence in legal theory. In particular, the paper examines a puzzle arising from the evidential standard Preponderance of the Evidence and its application in civil procedure. Legal scholars have argued since at least the 1940s that the rule of the Preponderance of the Evidence gives rise to a puzzle concerning the role of statistical evidence in judicial proceedings, sometimes referred to as the Problem of Bare Statistical Evidence. (...)
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  26. Rule-Utilitarianism and the Slippery Slope.Gregory W. Trianosky - 1978 - Journal of Philosophy 75 (8):414-424.
    It is sometimes said that permitting, say, voluntary euthanasia would erode the motivations and inhibitions supporting other, legitimate prohibitions on killing to the point where widespread disregard for the moral law would result. this paper discusses the relevance of such "slippery slope" arguments for the rule-utilitarian who claims that we can assess moral rules by asking whether their acceptance would maximize utility. first it is argued that any normative theory of this type cannot recognize slope arguments as legitimate considerations (...)
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  27. Theories of Vagueness and Theories of Law.Alex Silk - 2019 - Legal Theory 25 (2):132-152.
    It is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought. I focus on four putative implications discussed in the literature concerning (i) the value of vagueness in the law, (ii) the possibility and value of legal indeterminacy, (iii) the possibility of the rule (...)
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  28. Law is Not (Best Considered) an Essentially Contested Concept.Kenneth M. Ehrenberg - 2011 - International Journal of Law in Context 7:209-232.
    I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...)
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  29. The Exception Proves the Rule.Richard Holton - 2010 - Journal of Political Philosophy 18 (4):369-388.
    When faced with a rule that they take to be true, and a recalcitrant example, people are apt to say: “The exception proves the rule”. When pressed on what they mean by this though, things are often less than clear. A common response is to dredge up some once-heard etymology: ‘proves’ here, it is often said, means ‘tests’. But this response—its frequent appearance even in some reference works notwithstanding1—makes no sense of the way in which the expression is (...)
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  30.  55
    Rule Violations and Wrongdoings.R. A. Duff - 2002 - In Stephen Shute & Andrew Simester (eds.), Criminal Law Theory: Doctrines of the General Part. Oxford University Press. pp. 47--74.
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  31. The Hierarchical Model and H. L. A. Hart's Concept of Law.Massimo La Torre - 2013 - Revus 21:141-161.
    Law is traditionally related to the practice of command and hierarchy. It seems that a legal rule should immediately establish a relation between a superior and an inferior. This hierarchical and authoritharian view might however be challenged once the phenomenology of the rule is considered from the internal point of view, that is, from the stance of those that can be said to “use” rather than to “suffer” the rules themselves. A practice oriented approach could in this way (...)
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  32.  62
    On the Unities of Law, Practical Reason, and Right: Foundations of the Unity of Reason Beyond the Plurality of Knowledge and of Normative Orders.André Ferreira Leite de Paula - 2019 - In André Ferreira Leite de Paula & Andrés Santacoloma Santacoloma (eds.), Law and Morals - ARSP 158/2019. pp. 15-115.
    The problem addressed in this article is the relationship between law and morality. It is asked (1) to what extent law and morality are connected and separated and (2) since when has it been so. To the extent that law and morality are distinct normative orders, it is asked (3) whether they rule exactly the same behaviors or whether each order rules dierent kinds of behaviors. If they rule at least some of the same behaviors, it is asked (...)
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  33. Contingent Laws Rule: Reply to Bird.Helen Beebee - 2002 - Analysis 62 (3):252-255.
    In a recent paper (Bird 2001), Alexander Bird argues that the law that common salt dissolves in water is metaphysically necessary - and he does so without presupposing dispositionalism about properties. If his argument were sound, it would thus show that at least one law of nature is meta- physically necessary, and it would do so without illicitly presupposing a position (dispositionalism) that is already committed to a necessitarian view of laws. I shall argue that Bird's argument is unsuccesful.
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  34. New Perspectives on Nazi Law.Carolyn Benson & Julian Fink - 2012 - Jurisprudence 3 (2):341-346.
    It is beyond doubt that the legal system established by the Nazi government in Germany between 1933-1945 represented a gross departure from the rule of law: the Nazis eradicated legal security and certainty; allowed for judicial and state arbitrariness; blocked epistemic access to what the law requires; issued unpredictable legal requirements; and so on. This introduction outlines the distorted nature of the Nazi legal system and looks at the main factors that contributed to this grave divergence.
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  35. The Tarasoff Rule: The Implications of Interstate Variation and Gaps in Professional Training.Rebecca Johnson, Govind Persad & Dominic Sisti - 2014 - Journal of the American Academy of Psychiatry and the Law Online 42 (4):469-477.
    Recent events have revived questions about the circumstances that ought to trigger therapists' duty to warn or protect. There is extensive interstate variation in duty to warn or protect statutes enacted and rulings made in the wake of the California Tarasoff ruling. These duties may be codified in legislative statutes, established in common law through court rulings, or remain unspecified. Furthermore, the duty to warn or protect is not only variable between states but also has been dynamic across time. In (...)
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  36. The Relationship Between the Law and Public Policy: Is It a Chi-Square or Normative Shape for the Policy Makers?Kiyoung Kim - 2014 - Social Sciences 3 (4):137-143.
    Oftentimes we consider how the law and public policy were interwoven one another for any fine appeal to the constituents and global public. Nonetheless, we are fairly never definite to suggest any hard picture of their relationship. It rather involves an issue of meditative process of philosophy, humanity and social justice as well as a wider of public contention from the purview of temporal and spatial evolution. The paper, in the face with this difficult conundrum, attempts to highlight some of (...)
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  37. The Law Wishes to Have a Formal Existence.Stanley Eugene Fish - 1990 - Faculty of Law, University of Toronto.
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  38. The Continuous Model of Culture: Modernity Decline—a Eurocentric Bias? An Attempt to Introduce an Absolute Value Into a Model of Culture.Giorgi Kankava - 2013 - Human Studies 36 (3):411-433.
    This paper means to demonstrate the theoretical-and- methodological potential of a particular pattern of thought about culture. Employing an end-means and absolute value plus concept of reality approach, the continuous model of culture aims to embrace from one holistic standpoint various concepts and debates of the modern human, social, and political sciences. The paper revisits the debates of fact versus value, nature versus culture, culture versus structure, agency versus structure, and economics versus politics and offers the concepts of the (...) of law, state capitalism, a dialectical model of progress, and interpretative qualitative research, as well as of cultural diffusion, autonomy, alienation, and individuality. This model distinguishes between the ideal-symbolical and the instrumental functions of culture, sees culture as being sewn from universal binaries, and provides a certain understanding of the cognitive function of a value judgment, with positivism so far vague about the topic. It, too, suggests an extra method for investigating culture : the comparative literature study of culture enables social science to view literature as its potential in-depth interviewee— a case for arguing for a certain conception of interdisciplinarity as well. In addition, it predicts that cultural particularism or individuality remains an essential factor of human existence. Analyzing the issue of Eurocentrism in social science, the model finds modernity ’s concept of reality to be involved in ” methodological ” intellectualistic reductionism, characterizing it since the empiricism/ rationalism origination. Systematically confusing the universal oppositions in a Eurocentric manner, intellectualism becomes a contributing factor in unfolding post- modernity. (shrink)
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  39. Book Review: A Response to James Rule.Annabelle Lever - 2014 - Journal of Law, Culture, and Humanities 10 (1).
    James Rule is puzzled by the ‘idiosyncratic’ approach that I take to the philosophical study of privacy. As evidence for this idiosyncracy, he cites my relative indifference to the distinction between consequentialist and deontological perspectives on privacy although these differences are proof of ‘intricate, yet enormously consequential intellectual tensions’. My choice of philosophical topics is ‘unsystematic’ and more a reflection of my own ‘intellectual hobby-horses’ than a ‘well-worked-out view of what students most need to know’. Finally, Rule concludes, (...)
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  40.  63
    On Law and Justice Attributed to Archytas of Tarentum.Johnson Monte & P. S. Horky - 2020 - In David Wolfsdorf (ed.), Early Greek Ethics. Oxford: pp. 455-490.
    Archytas of Tarentum, a contemporary and associate of Plato, was a famous Pythagorean, mathematician, and statesman of Tarentum. Although his works are lost and most of the fragments attributed to him were composed in later eras, they nevertheless contain valuable information about his thought. In particular, the fragments of On Law and Justice are likely based on a work by the early Peripatetic biographer Aristoxenus of Tarentum. The fragments touch on key themes of early Greek ethics, including: written and unwritten (...)
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  41. The Publicity "Defect" of Customary Law.Varun Gauri - 2012 - In Brian Z. Tamanaha, Caroline Mary Sage & Michael J. V. Woolcock (eds.), Legal Pluralism and Development: Scholars and Practitioners in Dialogue. Cambridge University Press.
    This paper examines the extent to which dispute resolvers in customary law systems provide widely understandable justifications for their decisions. The paper first examines the liberal-democratic reasons for the importance of publicity, understood to be wide accessibility of legal justification, by reviewing the uses of publicity in Habermas’ and Rawls’ accounts of the rule of law. Taking examples from Sierra Leone, the paper then argues that customary law systems would benefit from making local dispute resolution practices, such as “begging” (...)
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  42. 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 - 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 / István Losonczy 29 // (...)
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  43. The Ideal of Good Government in Luigi Einaudi's Thought and Life: Between Law and Freedom.Paolo Silvestri - 2012 - In Good government, Governance and Human Complexity. Luigi Einaudi’s Legacy and Contemporary Society. Olschki. pp. 55-95.
    I will argue here that Einaudi's thought reveals an awareness that the question of freedom has to do with two inter-related problems: the relation of individuals or communities with their respective limits and the question of going beyond these limits. Limits are to be understood here in the meaning of the foundation or conditions of possibility both of institutions (economic, political and juridical) and of thought and human action.
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  44. Scientific Proof of the Natural Moral Law.Eric Brown - manuscript
    Introduction to the Scientific Proof of the Natural Moral Law This paper proves that Aquinas has a means of demonstrating and deriving both moral goodness and the natural moral law from human nature alone. Aquinas scientifically proves the existence of the natural moral law as the natural rule of human operations from human nature alone. The distinction between moral goodness and transcendental goodness is affirmed. This provides the intellectual tools to refute the G.E. Moore (Principles of Ethics) attack against (...)
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  45.  58
    What Does Indeterminism Offer to Agency?Andrew Law - forthcoming - Australasian Journal of Philosophy.
    Libertarian views of freedom claim that, although determinism would rule out our freedom, we are nevertheless free on some occasions. An odd implication of such views (to put it mildly) seems to be that indeterminism somehow enhances or contributes to our agency. But how could that be? What does indeterminism have to offer agency? This paper develops a novel answer, one that is centred around the notion of explanation. In short, it is argued that, if indeterminism holds in the (...)
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  46.  12
    Bentham: Our Contemporary?Gianluca Andresani & Natalina Stamile - 2020 - Revista da Faculdade de Direito UFPR 65 (3):173-189.
    This article aims to evaluate the contribution of Bentham’s ideas to the jurisprudential debate in view of their relevance vis a vis their contemporary reception. The focus is on Bentham’s revolutionary idea of publicity with its spill-over effects on contemporary debates on the rule of law and accountable and transparent governance. As far as the method is concerned, after having examined Bentham’s ideas on the rule of law and the debate they raised, the focus in the second section (...)
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  47. Hesiod: Man, Law and Cosmos.Alex Priou - 2014 - Polis 31 (2):233-260.
    In his two chief works, the Theogony and Works and Days, Hesiod treats the possibility of providence. In the former poem, he considers what sort of god could claim to gives human beings guidance. After arriving at Zeus as the only consistent possibility, Hesiod presents Zeus’ rule as both cosmic and legalistic. In the latter poem, how- ever, Hesiod shows that so long as Zeus is legalistic, his rule is limited cosmically to the human being. Ultimately, Zeus’ (...) emerges as more human than cosmic, and thus unable to fulfill the cosmic demands of piety. Hesiod’s presentation thus begs, without thematically posing, the question of how human beings ought to live. Accordingly, Hesiod’s theological analysis, and not his theogony (or, implicit cosmogony or cosmology), sets the stage for the inquiries of the early Greek philosophers, and so political philosophy as a whole. (shrink)
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  48.  53
    UN Human Rights Ethics: For the Greatest Success of the Greatest Number.Clark Butler - manuscript
    This book manuscript, entitled United Nations Human Rights Ethics: For The Greatest Success of the Greatest Number, critically examines most all major normative ethical theories since Socrates and finds Roman Stoic ethics to be the least deficient. It divides ethical theories into popular ones with little academic support, other popular ones that have had such support, and Kantian ethics standing alone as a philosopher's academic ethical philosophy with limited popular support. It criticizes the appropriation of human rights by the international (...)
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  49. The Idea of the Political, Reconfiguring Sovereignty and Exception: Analysing Theoretical Perspectives of Carl Schmitt and Giorgio Agamben.Meenakshi Gogoi - 2014 - SOCRATES 2 (JUNE 2014):69-78.
    The idea of the political, reconfiguring sovereignty and exception: Analysing theoretical perspectives of Carl Schmitt and Giorgio Agamben -/- Author / Authors : Meenakshi Gogoi Page no. 69-78 Discipline : Political Science/Polity/ Democratic studies Script/language : Roman/English Category : Research paper Keywords: Political, Sovereignty, Exception, Democracy, Rule of Law.
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  50.  64
    Judicial Activism in the World Trade Organization: A Conundrum and Selective Approach.Kiyoung Kim - 2020 - Beijing Law Review 11 (4):827-855.
    With the establishment of the World Trade Organization in 1995, the dispute settlement mechanism for international trade was greatly prepared unlike the old GATT system. It has a very different pattern from that of original GATT system. In our case, international trade is a matter of the future of nations, and in reality of the intense world economic competition, this system change may well be of concern to our government or legal experts. In this context, this paper examines the nature (...)
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