LAWIN

Tag: Philosophy of Law

  • Political Obligation

    Political Obligation In relation to Legal Authority and Obligation, see also the entries about Legal Authority (here), Obligations in the Law (here) and Normativity of Law (here). A. P. D’Entrèves, in his 1968 paper titled “On the Nature of Political Obligation” (Philosophy 43 (166):309 – 323) argues that the phrase ‘political obligation’ is far more…

  • Mixed Theories of Law

    Mixed Theories of Law Papers and Books Aulis Aarnio (ed.) (1998). On Coherence Theory of Law. Distribution, Akademibokhandeln I Lund. Robert Alexy (2015). Legal Certainty and Correctness. Ratio Juris 28 (4):441-451. What is the relation between legal certainty and correctness? This question poses one of the perpetual problems of the theory and practice of law-and…

  • Legal Realism

    Legal Realism Papers and Books Gary Jan Aichele (1990). Legal Realism and Twentieth-Century American Jurisprudence the Changing Consensus. Andrew Altman (1986). Legal Realism, Critical Legal Studies, and Dworkin. Philosophy and Public Affairs 15 (3):205-235. Ian Carlo Dapalla Benitez (2015). A Critique of Critical Legal Studies’ Claim of Legal Indeterminacy. Lambert Academic Publishing. This paper challenges…

  • Interpretivist Theories of Law

    Interpretivist Theories of Law Papers and Books Larry Alexander (1987). Striking Back at the Empire: A Brief Survey of Problems in Dworkin’s Theory of Law. [REVIEW] Law and Philosophy 6 (3):419 – 438. In Law’s Empire Dworkin remains committed to carving out a middleground between natural law and legal positivism. But natural law andlegal positivism…

  • Normativity

    Normativity of Law Books and Papers Jonny Anomaly & Geoffrey Brennan (2014). Social Norms, The Invisible Hand, and the Law. University of Queensland Law Journal 33 (2). Stefano Bertea & George Pavlakos (eds.) (2011). New Essays on the Normativity of Law. Hart Pub.. Brian Bix (2006). Legal Positivism and ‘Explaining’ Normativity and Authority. American Philosophical…

  • Nature of Law

    Nature of Law The Nature of Law and Legal Systems This section covers: Interpretivist Theories of Law Legal Positivism Natural Law Theory Legal Realism Mixed Theories of Law Books and Papers Josep Aguiló Regla (1990). Lenguaje jurídico, lenguaje documental y tesauro. Theoria 5 (1-2):31-65. The aim of this paper is twofold. On the one hand,…

  • Nature of Law

    Nature of Law The Nature of Law and Legal Systems This section covers: Interpretivist Theories of Law Legal Positivism Natural Law Theory Legal Realism Mixed Theories of Law Books and Papers Josep Aguiló Regla (1990). Lenguaje jurídico, lenguaje documental y tesauro. Theoria 5 (1-2):31-65. The aim of this paper is twofold. On the one hand,…

  • Methodology of Jurisprudence

    Methodology of Jurisprudence Descriptive Jurisprudence Books and Papers Veronica Rodriguez Blanco (2006). The Methodological Problem in Legal Theory: Normative and Descriptive Jurisprudence Revisited. Ratio Juris 19 (1):26-54. Kenneth M. Ehrenberg (2016). The Functions of Law. Oxford University Press. What is the nature of law and what is the best way to discover it? This book…

  • Methodology of Jurisprudence

    Methodology of Jurisprudence Descriptive Jurisprudence Books and Papers Veronica Rodriguez Blanco (2006). The Methodological Problem in Legal Theory: Normative and Descriptive Jurisprudence Revisited. Ratio Juris 19 (1):26-54. Kenneth M. Ehrenberg (2016). The Functions of Law. Oxford University Press. What is the nature of law and what is the best way to discover it? This book…

  • Legal Authority

    Legal Authority Legal Authority and Obligation This covers the following: Legal Authority Political Obligation Obligations in the Law Normativity of Law Political Obligation See more about political obligation here. Obligations in the Law Books and Papers about this subject: Lena Halldenius (2011). Kant on Freedom and Obligation Under Law. Constellations 18 (2):170-189. Matthew Lister (2012).…

  • Legal Authority

    Legal Authority Legal Authority and Obligation This covers the following: Legal Authority Political Obligation Obligations in the Law Normativity of Law Political Obligation See more about political obligation here. Obligations in the Law Books and Papers about this subject: Lena Halldenius (2011). Kant on Freedom and Obligation Under Law. Constellations 18 (2):170-189. Matthew Lister (2012).…

  • Formal Legal Reasoning

    Formal Legal Reasoning Formalism about Legal Reasoning According to Philpapers, “Formalism about Legal Reasoning” refers to the use of (often logic-based) formalisms to shed light on legal reasoning. “Formal Models of Legal Reasoning,” in contrast refers to the use of such formalisms to model actual legal reasoning. Some works fit into both categories. The former…

  • Reasons

    Oral Reasons in Canadian Procedural Law Find materials in the Canadian legal Encyclopedia that anlyze Oral Reasons.

  • Reasons

    Oral Reasons in Canadian Procedural Law Find materials in the Canadian legal Encyclopedia that anlyze Oral Reasons.

  • Universal Theory of Physical Law

    The Universal Theory of Physical Law Universal theory is an alternative to Regularity theory, and offers a different definition of physical law. You should read the Regularity post before this one. I have learnt about the theory as posited by the philosopher D M Armstrong, but it has also been proposed (in slightly different forms)…