Justifying Judgment

Author: Vincent Joseph Samar
Size: 69.98 MB
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By challenging conventional views of the law, the book shows that our legal system could become more just as it becomes becomes more consistent.

Queer Philosophy

Author: Raja Halwani
Publisher: Rodopi
ISBN: 9042035609
Size: 16.42 MB
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He holds a PhD in Philosophy from the University of Chicago, an LLM from
Harvard Law School, and JD/MPA from Syracuse University. He is the author of
Justifying Judgment: Practicing Law and Philosophy (1998) and The Right to
Privacy: Gays, Lesbians and the Constitution (1991), and editor of New York
Times, 20th Century in Review (2001) in addition to numerous articles and
reviews on matters of law, philosophy, same-sex marriage, gay rights, and
human rights. A long time ...

Philosophy And The Criminal Law

Author: Antony Duff
Publisher: Cambridge University Press
ISBN: 9780521550444
Size: 23.38 MB
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judgment.“ This. historical. backdrop. to. legal. practice. cannot leave legal theory
untouched. It leaves law a simulacrum, a pale and ambiguous doppelganger, of
moral judgment. In the next section, I explore one way in which legal theory
attempts to ... While acts and intentions are central to the establishment of
criminal responsibility, general defences incorporating ideas of justification and
excuse may operate where actus reus and mens rea have been established to
exonerate the ...

Philosophical Foundations Of Tax Law

Author: Monica Bhandari
Publisher: Oxford University Press
ISBN: 0198798431
Size: 69.75 MB
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A. Institutions as the Object of Projective Judgments of Justice One distinctive
feature of Rawls's account of justice is that it incorporates the need for, and the
making of, these sorts of projective judgments in a particular structured way. The
basic idea is set out in Rawls's early paper 'Two Concepts of Rules': Rawls
distinguishes between (1) the justification of a practice—that is to say, the roles
that it creates and the 'moves' that it permits—and (2) the justification of a
particular action ...

Deleuze And Law

Author: Laurent de Sutter
Publisher: Edinburgh University Press
ISBN: 0748655395
Size: 39.99 MB
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If Deleuze's interest and humour-riddled attitude towards law helped him to
implement his programmatic reversal of all philosophical values, it also produced
a similar reversal in the realm of law itself. Since Cicero, jurisprudes and legal
theorists have devoted themselves to the problems posed by the philosophy of
law and judgment: the foundation of the legal order, the rationality of judgment,
the principled justification of court decisions, the legitimacy of rules and norms,
and so on.


Author: Enrique Villanueva
Publisher: Rodopi
ISBN: 9042023759
Size: 30.19 MB
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The second part is about rights theory. This volume will be required reading for anyone interested in philosophy of law, and also of use for those with broader interests in ethics, metaethics, and social and political philosophy.

A Treatise Of Legal Philosophy And General Jurisprudence

Author: Gerald J. Postema
Publisher: Springer Science & Business Media
ISBN: 9048189608
Size: 41.78 MB
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Volume 11: Legal Philosophy in the Twentieth Century: The Common Law World
Gerald J. Postema. this abstract frame. ... official use of coercion. “Past political
decisions justify coercion because, and therefore only when, they give fair
warning by making the occasions of coercion depend on plain facts available to
all rather than on fresh judgments of political morality” (Dworkin 1986, 117). ...
The account fails to fit legal practice, in Dworkin's view, for two main reasons.
First, it assumes ...

Justifying Taxes

Author: Agustín José Menéndez
Publisher: Springer Science & Business Media
ISBN: 9401598258
Size: 80.96 MB
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The former claim is related to the idea that law and general practical discourse
are complementary to each other. Their relation of be abstract because they aim
to interpret the main point and structure of legal practice, not some particular
department of it. But for all their abstraction, they are constructive interpretations:
they try to show legal practice as a whole in its best light, to achieve equilibrium
between legal practice as they find it and the best justification of that practice. So
no firm ...

Philosophical Foundations Of The Nature Of Law

Author: Wil Waluchow
Publisher: OUP Oxford
ISBN: 0191665622
Size: 39.91 MB
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This volume gathers leading writers in the field to take stock of current debates on the nature of law and the aims and methods of legal philosophy. The volume covers four broad themes.

Law Justice And The State

Author: Aleksander Peczenik
Publisher: Franz Steiner Verlag
ISBN: 9783515066051
Size: 53.57 MB
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... for Philosophy of Law and Social Philosophy. World Congress Aleksander
Peczenik, Mikael M. Karlsson. John Tasioulas University of Glasgow Between
Tradition and Critique: Michael Walzer on Justice and Interpretation I. Relativism
and Critique Ethical relativism is an ancient doctrine that is newly resurgent,
constituting perhaps the most popular expression of scepticism towards the
claims of ethical thought. According to the relativist, the truth or justification of
ethical judgments is ...