Results 241 to 250 of about 1,895,848 (278)

The pragmatist school in analytic jurisprudence

Philosophical Issues, 2021
Almost twenty years ago, a genuinely new school of thought emerged in the field of jurisprudential methodology. It is a pragmatist school. Roughly, the pragmatists contend that, when inquiring about the nature of law, we should evaluate potential answers based on practical criteria.
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An Analysis of Analytical Jurisprudence

The Journal of Politics, 1939
It may seem superogatory at this late date to undertake another critique of the analytical jurists. Yet the enterprise seems justified not only by the importance of the subject, but also by the circumstance that significant aspects of this juridical method and body of doctrine seem hitherto never to have been examined in their proper perspective ...
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7. Analytical Jurisprudence and the Criminal Law

1998
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Analytic Jurisprudence Established

2011
In 1957, during his extended visit at the Harvard Law School, H.L.A. Hart delivered his Holmes lecture, later published under the title Positivism and the Separation of Law and Morals, in which he sketched a profile of his landmark theory of law. As a listener might have expected, Hart opened his lecture with praise for the jurist and justice after ...
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The Methodology of Analytic Jurisprudence

2021
The paper purports to provide a survey (and reconstruction) of the basis principles of an analytic approach in jurisprudrence, to outline the statute of analytic jurisprudence, and to argue for its philosophical superiority over rival approaches.
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Analytic Jurisprudence Confronted

2011
As we have seen, twentieth century legal theory was dominated by various versions of legal positivism, or positivism-inspired approaches, both in the relatively disciplined Austin-Hart tradition of analytic jurisprudence and in the more eclectic Holmes-realist tradition.
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Analytic jurisprudence

the paper purports to cast light on the principles of analytic method for jurisprudential ...
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The anti-democratic origins of analytical jurisprudence

Jurisprudence, 2021
In this article, I address general jurisprudence's ‘dirty little secret' or its apparent tension with normative conceptions of democracy.
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John Austin’s Analytical Jurisprudence

1991
Abstract John Austin is usually seen as the man who took on Bentham’s ideas on legal definitions, and presented them to the public in a workmanlike manner which lacked the subtlety and sophistication seen in the master’s work; and indeed this view was reinforced by Austin’s own words in a letter to Bentham in which he said that if he had
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Have concepts, will travel: analytical jurisprudence in a global context

International Journal of Law in Context, 2005
Our increasingly cosmopolitan discipline needs to be underpinned by a revival of the idea of general jurisprudence, in which generalisations – conceptual, normative, empirical, legal – about legal phenomena are treated as problematic. This paper argues that, as part of this, analytical jurisprudence should broaden its focus not only geographically, but
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