Results 1 to 10 of about 94,356 (106)

Natural Lights & Natural Rights: The Problem of the New Classical Natural Law Theory [PDF]

open access: yes, 2023
The present work examines the natural law jurisprudence of John Finnis. It argues that Finnis’s teaching is a genuinely new natural law theory. Finnis’s jurisprudence is not a re- presentation of the jurisprudence of St.
Cacciatore, Charles Neville
core   +2 more sources

Theory or philosophy of law? [PDF]

open access: yes, 2023
The article discusses the theory of law in terms of the extent to which it is part of jurisprudence, on the one hand, and a philosophical pursuit, on the other. The question is explored considering the historical development of the legal sciences and the
Woleński, Jan
core   +2 more sources

Pragmatic Reconstruction in Jurisprudence: Features of a Realistic Theory [PDF]

open access: yes, 2021
A century ago the pragmatists called for reconstruction in philosophy. Philosophy at the time was occupied with conceptual analysis, abstractions, a priori analysis, and the pursuit of necessary, universal truths.
Tamanaha, Brian Z.
core   +1 more source

Pemetaan Tesis dalam Aliran-Aliran Filsafat Hukum dan Konsekuensi Metodologisnya [PDF]

open access: yes, 2017
The main problems in this research: first, how are the theses constructed by the schools in legal philosophy? Second, what are the methodological consequences that emerge dut the different theses of each school in legal philosophy?
Ali, M. (Mahrus)
core   +1 more source

Political jurisprudence or institutional normativism?: maintaining the difference between Arendt and Fuller [PDF]

open access: yes, 2014
Can jurisprudence fruitfully pursue a synthesis of Arendt’s political theory and Fuller’s normative legal philosophy? Might their ideas of the juridical person and the legal subject be aligned as a result of a shared concern for the value of legality ...
Wilkinson, Michael
core   +1 more source

The Consequence of Final Causality: Competing Views of Legal Teleology [PDF]

open access: yes, 2023
Philosophy of law and legal jurisprudence have received recent attention in the United States due to the significant change in the makeup of the Supreme Court. Historical understanding of the legal philosophies that have influenced the U.S.
Dumdei, Jonathan M
core   +1 more source

UK counterterrorism law, pre-emption, and politics: Toward “authoritarian legality”? [PDF]

open access: yes, 2017
Since the turn of the century, across North Atlantic countries, counterterrorism law has been an area of relentless, highly prioritized, legal production that often challenges rule of law principles.
Boukalas, Christos
core   +2 more sources

The Sociology of 'The Politics of Jurisprudence' [PDF]

open access: yes, 2014
This chapter examines the relationship within Jurisprudence between the Sociology and Philosophy of Law, in light of Roger Cotterrell's call for these two to approaches to engage more with each other.
NOBLES, RL, Schiff, DNS
core  

The Legacy of Ronald Dworkin (1931-2013): A Legal Theory and Methodology for Hedgehogs, Hercules, and One Right Answers [PDF]

open access: yes, 2014
In this paper the author addresses Ronald Dworkin’s work and assesses his legacy to legal, moral and political philosophy. And so, considers among its merits having developed an original legal theory with its distinctive methodology, which not only has ...
Flores, Imer
core   +1 more source

The Natural Law Theory in Traditional African Jurisprudential Thought [PDF]

open access: yes, 2014
This paper is an exercise in Comparative Philosophy in that it attempts to compare the idea of Natural Law which is the basis of the Natural Law theory in Western Jurisprudential thinking with a similar idea which occurs in Traditional African ...
Edet, Mesembe Ita   +1 more
core   +1 more source

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