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Why Jurisprudence Is Not Legal Philosophy
Jurisprudence, 2014(2014). Why Jurisprudence Is Not Legal Philosophy. Jurisprudence: Vol. 5, No. 1, pp. 41-55.
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The Questions of Legal Philosophy
2022Abstract The focus of this chapter lies not with the answers legal philosophers offer to questions concerning law’s nature, but with the diversity of and developments in the questions they ask, and the leeway they have in selecting which questions to address and how to address them.
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Legal Philosophy as Methodology
2003Juridical methodology has a long tradition, going back to ancient times. Leibniz praised the classical Roman jurisprudence because of its precision (subtilitas) and compared it to the method of geometry.2 This non-problematic methodological conception of jurists oriented towards classical logic was upset however in the 19th century when jurisprudence ...
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1995
Practical legal reasoning and argumentation, as is all behavior, are subject to resource limitations. Decisions and judgments are usually made under time pressure, for example. Of particular interest here, however, are limitations on information and knowledge about the law, about the facts of a case, and more generally on our ability to experience ...
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Practical legal reasoning and argumentation, as is all behavior, are subject to resource limitations. Decisions and judgments are usually made under time pressure, for example. Of particular interest here, however, are limitations on information and knowledge about the law, about the facts of a case, and more generally on our ability to experience ...
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International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique, 2005
In this article I will take into hand the ideas, which contain the principal political and ethical requirements of our time, which require the special attention of the jurists. To summarize these requirements I will use the term “humanitarianism”. I am aware of the fact that some shades of meaning of this notion do not reflect that what I have in my ...
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In this article I will take into hand the ideas, which contain the principal political and ethical requirements of our time, which require the special attention of the jurists. To summarize these requirements I will use the term “humanitarianism”. I am aware of the fact that some shades of meaning of this notion do not reflect that what I have in my ...
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More Essays in Legal Philosophy: General Assessments of Legal Philosophies.
The Journal of Philosophy, 1972J. Raz, Robert S. Summers
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Is Legal Philosophy Normative?
2011H. L. A. Hart characterized his theory about the nature of law as “descriptive and morally neutral.” Like previous legal positivists such as John Austin and Hans Kelsen, he thought that a philosophical account of the nature of law should strive to avoid moralizing of any kind, and should aim at an explanation of the nature of law that is quite general ...
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General Legal Theory and Legal Philosophy
2006In the past, the world congresses created an excellent forum for information exchange and discussion between legal experts worldwide. Information exchange is the starting point for any comparative legal analysis. The world congresses have also been rare occasions where comparative legal scholars from different disciplines could meet. Traditionally, the
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