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The Normativity of Law in Law and Economics [PDF]
The Normativity of Law in Law and Economics Péter Cserne* 1. Introduction This paper is about some theoretical and methodological problems of law and economics (economic analysis of law, EAL).
Péter Cserne
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Mishpat Ivri, Halakhah and Legal Philosophy: Agunah and the Theory of “Legal Sources" [PDF]
, 2001 In this paper, I ask whether mishpat ivri (Jewish Law) is appropriately conceived as a “legal system”. I review Menachem Elon’s use of a “Sources” Theory of Law (based on Salmond) in his account of Mishpat Ivri; the status of religious law from the ...
Jackson, Bernard S.
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On two paradigms of legal theory and their relationship [PDF]
, 2012 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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Law and Justice in Community: The Significance of the Living Law
Nordicum-Mediterraneum, 2011 Law and Justice in Community provides an account of law that privileges the role of custom, which the authors characterise as the living law. In this paper, I argue that the authors' account of law observes the same features as those observed by Hart in ...
Oran Doyle
doaj
The Earth Community and Ecological Jurisprudence
Oñati Socio-Legal Series, 2013 Legal philosophical discourse tends to be animated by some conception of self and the parameters of community. Reflecting a vast heritage of humanist philosophy and theology, western legal concepts reflect anthropocentric values.
Peter David Burdon
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Approaches to Muslim Biomedical Ethics: A Classification and Critique. [PDF]
J Bioeth Inq, 2023 Dabbagh H, Mirdamadi SY, Ajani RR.
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The Morality of Aspiration: A Neglected Dimension of Law and Morality [PDF]
, 1999 Introduction In The Morality of Law, Fuller introduces the distinction between the morality of duty and the morality of aspiration, and applies it to problems of jurisprudence.
Burg, W. (Wibren) van der
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A Path Not Taken: Hans Kelsen\u27s Pure Theory of Law in the Land of Legal Realists [PDF]
, 2010 This Essay is a contribution to a volume on the influence of Hans Kelsen’s legal theory in over a dozen countries. The Essay offers four explanations for the failure of Kelsen’s pure theory of law to take hold in the United States.
Telman, D. A. Jeremy
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