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Jurisprudence and Philosophy of Law x clear all

The Absolute Prohibition of Lying and the Origins of the Casuistry of Mental Reservation: Augustinian Arguments and Thomistic Developments

Joseph Boyle.

in The American Journal of Jurisprudence

January 1999; p ublished online January 1999 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law. 0 words.

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The Acceptance of Law

Roger A. Shiner.

in Norm and Nature

September 1992; p ublished online March 2012 .

Chapter. Subjects: Jurisprudence and Philosophy of Law. 10019 words.

Sophisticated positivism argued two main theses about the acceptance of law. The first is that the minimum necessary and sufficient conditions for the existence of a legal system are...

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Access to Legal Education and the Legal Profession: A Commonwealth Perspective<sup>*</sup>

William Twining.

in Law in Context

March 1997; p ublished online March 2012 .

Chapter. Subjects: Jurisprudence and Philosophy of Law. 21740 words.

This chapter aims to raise some questions and suggest some concepts that may be pertinent to analysing practical problems of access in different contexts. It posits that access to legal...

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Accession and Original Ownership

Thomas W. Merrill.

in Journal of Legal Analysis

January 2009; p ublished online January 2009 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law. 0 words.

Although first possession is generally assumed to be the dominant means of establishing original ownership of property, there is a second but less studied principle for initiating...

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Acoustic Jurisprudence

James E K Parker.

October 2015; p ublished online November 2015 .

Book. Subjects: Public International Law; Jurisprudence and Philosophy of Law. 272 pages.

Between September 2006 and December 2008, Simon Bikindi stood trial at the International Criminal Tribunal for Rwanda (ICTR), accused of inciting genocide with his songs. Bikindi’s trial...

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Act and Crime

Michael S. Moore.

August 2010; p ublished online September 2010 .

Book. Subjects: Jurisprudence and Philosophy of Law. 432 pages.

This book seeks illumination of three aspects of Anglo-American criminal law by the philosophy of action. These are, first, the general requirement that an accused perform some voluntary...

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Actions and Accusations

Luís Duarte d’Almeida.

in Allowing for Exceptions

March 2015; p ublished online May 2015 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Constitutional and Administrative Law. 13783 words.

This chapter tests the proof-based account of legal exceptions by looking at the paradigmatic field of ascriptions of responsibility. The goal is to offer an account of defeasibility in a...

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Action's Most Ultimate End

John Finnis.

in Reason in Action

April 2011; p ublished online September 2011 .

Chapter. Subjects: Jurisprudence and Philosophy of Law. 6914 words.

What is the role of eudaimonia in Aristotle's ethics and of beatitudo in Aquinas's ethics? None of the basic goods can count as fully satisfying. But can the whole set of them somehow count...

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Acts, Normative Formulations, and Defeasible Norms*

Ricardo Caracciolo.

in The Logic of Legal Requirements

September 2012; p ublished online January 2013 .

Chapter. Subjects: Jurisprudence and Philosophy of Law. 9036 words.

This chapter analyzes two conceptions of legal defeasibility, propounded by Carlos Alchourrón in his last works. It rejects the plausibility of one of them — the ‘dispositional account’ —...

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Acts of Commanding, Commands, and Observance of Commands

Hans Kelsen.

in General Theory of Norms

March 1991; p ublished online March 2012 .

Chapter. Subjects: Jurisprudence and Philosophy of Law. 2124 words.

Any attempt to describe a command and its observance without referring to inner processes in the commander and the addressee means that the concepts of ‘command’ and ‘observance’ have to be...

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