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Legal Theory and Social Theory
Annual Review of Sociology, 1994While social theory and legal theory were once closely intertwined, contemporary American sociology pays scant attention to recent developments in legal theory. But the problems that legal theory currently wrestles with are very similar to those with which sociology is now centrally concerned.
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Legal Theory for Legal Empiricists
Law & Social Inquiry, 2015There is a widespread view that one does either theory or empirical work, and that theory and empiricism represent distant concerns, opposing worldviews, and perhaps distinct mentalities or personalities. This prevalent view has deep roots and is also the result of pragmatic and understandable tendencies toward division of intellectual labor.
Hanoch Dagan +2 more
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SSRN Electronic Journal, 2019
Most legal theorists and philosophers of law who work in the analytic tradition believe that intellectual progress in their fields necessarily means going ‘deeper’: coming up with more nuanced, pre...
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Most legal theorists and philosophers of law who work in the analytic tradition believe that intellectual progress in their fields necessarily means going ‘deeper’: coming up with more nuanced, pre...
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Indigenous feminist legal theory
Canadian Journal of Women and the Law, 2014This article considers the necessity of critical gender analyses of indigenous laws. “Gender neutral” approaches dominate in the field of indigenous law, ignoring the gendered realities of indigenous laws and also the gendered aspects of theorizing. There is a need to develop theoretical frameworks that explicitly address these problems, and, thus, in
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Legal Principles and Legal Theory
Ratio Juris, 1997Current legal theory is concerned with the presence of principles in law partly because they are at the core of Dworkin's criticisms of Hart's rule of recognition. Hart's theory is threatened by the possibility that the identification of some principles follows an extremely relaxed rule of recognition, or even no rule at all. Unfortunately, there is no
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Legal Theory Lexicon 040: Functionalist Explanation in Legal Theory
SSRN Electronic Journal, 2013This entry in the Legal Theory Lexicon provides a short introduction to the idea of functionalist explanation in legal theory. Functionalist explanations are familiar from biology, where evolutionary theory explains the existence of a trait in an organism by the effect the trait has on the ability of organism to reproduce.
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