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The Political Jurisprudence of Thomas Hobbes
2018What is the significance of Thomas Hobbes’ contribution to jurisprudence? Although often treated as a founder of the dominant modern school of legal positivism, positivists remain embarrassed by the prominence he gives to natural law. This chapter maintains that rather than arguing about whether he is a natural lawyer or a legal positivist, scholars ...
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The Maturation of Political Jurisprudence
The Western Political Quarterly, 1983exaly +2 more sources
Natural Law in Jurisprudence and Politics
Oxford Journal of Legal Studies, 2007The central text of contemporary natural law theory remains John Finnis's Natural Law and Natural Rights. In that respect, it is a field in need of reinvigoration. The comparison with legal positivism, natural law theory's modern counterpoint, is instructive. Although the paradigmatic positivist text is still H. L. A.
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The Fusion of Jurisprudence and Politics
2020Abstract This chapter explains the second reason for Justice Antonin Scalia’s enduring historical significance in understanding American constitutionalism. The chapter argues that he was closely allied with the Republican Party and shared the values of the social groups that constituted the party’s base.
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The Political Jurisprudence of Affirmative Action
Social Philosophy and Policy, 1987The headlines at the outset of 1987 told of Howard Beach, where a group of blacks had been chased, and one killed, because they had unwittingly entered a white enclave in New York City. And they told of Forsythe County, Georgia, where the mere presence of civil rights marchers, in a place from which blacks had been driven three-quarters of a century ...
David L. Kirp, Nancy A. Weston
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The Sociology of The Politics of Jurisprudence
2016This 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. It takes the example of Cotterrell's own Jurisprudence book, 'The Politics of Jurisprudence' and uses systems theory to explore the possibilities of ...
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