Scottish Common Sense and Nineteenth-Century American Law: A Critical Appraisal [PDF]
One overriding concern I have with Susanna Blumenthal\u27s insightful and stimulating article, The Mind of a Moral Agent: Scottish Common Sense and the Problem of Responsibility in Nineteenth-Century American Law, is whether there is anything ...
Bailey +28 more
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On two paradigms of legal theory and their relationship [PDF]
H. L. A. Hart thought that a theory of law can be purely descriptive and called his theory a “descriptive sociology”. One of his great contributions to modern legal theory is his emphasis on the internal aspect of social rules. According to him, a theory
Chang, Chia-yin
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Explaining the Theory of "the Essence of the Relationship between Expression and Meaning" in the Methodological Principles of Islamic Jurisprudence and Presenting its Legal Implications [PDF]
∴ Introduction ∴ Language serves as a fundamental cornerstone of human civilization, distinguishing humans from other species through its sophisticated capacity for expression, communication, and thought.
Sajjad Afshar, Amin Ebrahimzadeh
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The Transatlantic Divergence in Legal Thought: American Law and Economics vs. German Doctrinalism, The [PDF]
Law and economics has become an integral part of U.S. legal scholarship and the law school curriculum. Ever since the legal realist movement, scholars mostly view the law from an external perspective.
Gelter, Martin, Grechenig, Kristoffel
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The Importance of Scholarship to Law School Excellence [PDF]
As we have learned from Dan Coquillette, Bob Kaczorowski, and John Sexton, access to substantial funding is undoubtedly a prerequisite for a law school to enjoy excellence.
Nelson, William E.
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Can We Please Stop Doing This? By the Way, Postema was Right [PDF]
While legal philosophy has its own unique set of questions and problems, one activity it shares with many other areas of philosophy is the urge to find the essence of 'law'.
Dennis Patterson
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Some Reflections on Liberty : Bruce Winick’s ‘Civil Commitment: A Therapeutic Jurisprudence Model’ [PDF]
In the United States, involuntary hospitalisation of the mentally ill through the civil commitment process results in a curtailment of the fundamental liberty interest of freedom from external restraint; part of the constitutional guarantee.
Gray, James
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Evolving Jurisprudence in Clinical Legal Education - A Contemporary Study in Theory and Practice
In concept and practice, clinical legal education is widely affirmed by its global success. As R.J. Wilson puts it, clinical legal education is an “…ongoing and growing revolution that is assaulting the deepest traditions of the legal academy.” It is ...
Kwame Akuffo
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An Analysis of the Purposes of Sharia from the Perspectives of Avicenna and Mullā Ṣadrā [PDF]
:Explaining the purposes of jurisprudence has long been a topic of great interest among Islamic jurists, theologians, and philosophers. From the perspective of many theologians, God's actions and sayings are motivated by purposes; therefore, all the laws
malihe khodabandehbigy +3 more
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Quasi-Expressivism about Statements of Law: A Hartian Theory [PDF]
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.
Finlay, Stephen, Plunkett, David
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