Results 251 to 260 of about 207,906 (312)
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SSRN Electronic Journal, 2020
Economic analysis of tort law is central to the rise of the law and economics movement, bringing economic thinking into the heart of legal theory. Early economic analysis of tort law accomplished this fit through insistence on several distinct features.
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Economic analysis of tort law is central to the rise of the law and economics movement, bringing economic thinking into the heart of legal theory. Early economic analysis of tort law accomplished this fit through insistence on several distinct features.
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Oxford Journal of Legal Studies, 2013
This article examines the declaratory theory of law and defends it from the most prominent modern attack on it. It explains that the real declaratory theory is not the caricature of it criticized in modern writing and that, in fact, the theory properly understood is remarkably close to the position adopted by some of the theory’s most notable opponents.
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This article examines the declaratory theory of law and defends it from the most prominent modern attack on it. It explains that the real declaratory theory is not the caricature of it criticized in modern writing and that, in fact, the theory properly understood is remarkably close to the position adopted by some of the theory’s most notable opponents.
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Philosophy Compass, 2007
Abstract Ronald Dworkin is one of the most important, and one of the most controversial, contemporary legal philosophers. This article elucidates the main aspects of Dworkin's theory of law, discussing both his key criticisms of legal positivism and his own positive views about law.
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Abstract Ronald Dworkin is one of the most important, and one of the most controversial, contemporary legal philosophers. This article elucidates the main aspects of Dworkin's theory of law, discussing both his key criticisms of legal positivism and his own positive views about law.
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A Theory of Criminal Law Theories
2010AbstractThis chapter develops a theory of what a theory of and area of law, criminal law included, should look like. It describes what kind of thing an area of law might be, and previews the book's conclusions as to the correct views on these matters.
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Theory of Corporate Law: Proposed Theory
2011Earlier in this book previous theories of corporate law were divided into theories of corporate law and theories of corporations. Both have their characteristic failings. Theories of corporations tend to be narrow and based on a small group of existing norms. Theories of corporate law tend to be broader but not perfectly aligned with existing norms. In
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American Political Science Review, 1937
Professor Hans Kelsen is the leading exponent of the “pure” theory of law, which is attracting a great deal of attention abroad but as yet has received scant notice in the United States. His theory marks the culmination of the tendency toward a strictlylegaltheory, represented in the writings of K. F. von Gerber, Paul Laband, and Georg Jellinek.
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Professor Hans Kelsen is the leading exponent of the “pure” theory of law, which is attracting a great deal of attention abroad but as yet has received scant notice in the United States. His theory marks the culmination of the tendency toward a strictlylegaltheory, represented in the writings of K. F. von Gerber, Paul Laband, and Georg Jellinek.
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2022
This thesis was scanned from the print manuscript for digital preservation and is copyright the author. Researchers can access this thesis by asking their local university, institution or public library to make a request on their behalf. Monash staff and postgraduate students can use the link in the References field.
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This thesis was scanned from the print manuscript for digital preservation and is copyright the author. Researchers can access this thesis by asking their local university, institution or public library to make a request on their behalf. Monash staff and postgraduate students can use the link in the References field.
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Harvard Law Review, 1942
Plato theory of law is a fundamental part of his general philosophy, and it illumines and is illumined by the entire Platonic corpus. In thinking of legislation, Plato followed the traditional Greek distinction between written and unwritten law. Lawyers abounded, he observed, when wealth increased.
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Plato theory of law is a fundamental part of his general philosophy, and it illumines and is illumined by the entire Platonic corpus. In thinking of legislation, Plato followed the traditional Greek distinction between written and unwritten law. Lawyers abounded, he observed, when wealth increased.
openaire +1 more source