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Jurisprudence and Philosophy of Law x clear all

ACTS OF WILL AND RESPONSIBILITY

H. L. A. Hart.

in Punishment and Responsibility

March 2008; p ublished online January 2009 .

Chapter. Subjects: Jurisprudence and Philosophy of Law. 9376 words.

This chapter explores a doctrine concerning criminal responsibility which has descended from the philosophy of conduct of the 18th century, through Austin, to modern English writers on the...

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Actual and Apparent Conflict

Nicole Roughan.

in Authorities

October 2013; p ublished online January 2014 .

Chapter. Subjects: Jurisprudence and Philosophy of Law. 8015 words.

This chapter examines whether substantive or procedural justifications for authority leave open the possibility of conflicting legitimate authorities in a single domain. It argues that...

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Adaptation: What Post-Conviction Relief Practitioners in Death Penalty Cases Might Learn From Popular Storytellers About Narrative Persuasion

Philip N Meyer.

in Law and Popular Culture

April 2005; p ublished online March 2012 .

Chapter. Subjects: Jurisprudence and Philosophy of Law. 13269 words.

This chapter examines the narrative persuasion lessons that can be learned by post-conviction relief practitioners in death penalty cases from popular storytellers. It suggests that recent...

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Addressing Possible Objections

EYAL ZAMIR and BARAK MEDINA.

in Law, Economics, and Morality

January 2010; p ublished online May 2010 .

Chapter. Subjects: Jurisprudence and Philosophy of Law. 7772 words.

This chapter tackles a number of methodological and principled objections to the incorporation of deontological constraints into economic analysis. It discusses the claims that such...

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Adjudication

William Lucy.

in The Oxford Handbook of Jurisprudence and Philosophy of Law

January 2004; p ublished online September 2012 .

Article. Subjects: Law; Jurisprudence and Philosophy of Law. 33092 words.

This article introduces the rationality and legitimacy conditions and positions them within contemporary sceptical and non-sceptical accounts of adjudication. Two sections are concerned...

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Adjudication and Interpretation

Garrett Barden and Tim Murphy.

in Law and Justice in Community

August 2010; p ublished online January 2011 .

Chapter. Subjects: Jurisprudence and Philosophy of Law. 20643 words.

Adjudication is the effort to resolve a dispute by determining, amid the clamour of rival claims, what is just. This chapter argues that the adjudicative question is always of this form:...

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Adjudication and Legal Change

John Finnis.

in Philosophy of Law

April 2011; p ublished online September 2011 .

Chapter. Subjects: Jurisprudence and Philosophy of Law. 3368 words.

This chapter is a comment on Kleinwort Benson v Lincoln (1998) grapples with the question how far adjudication differs from legislation even when the court is overruling long-standing...

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Adjudication and the Law

Timothy Endicott.

in Oxford Journal of Legal Studies

January 2007; p ublished online January 2007 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society. 7691 words.

It can be compatible with justice and the rule of law for a court to impose new legal liabilities retrospectively on a defendant. But judges do not need to distinguish between imposing a...

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Adjudication for Pluralists

William Lucy.

in Understanding and Explaining Adjudication

September 1999; p ublished online March 2012 .

Chapter. Subjects: Jurisprudence and Philosophy of Law. 24824 words.

Suppose value pluralism is true. Will its truth have any effect whatsoever on the beliefs, self-understandings, and practices of legal academics, practitioners, and judges? This chapter...

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Adjudication for Visionaries

William Lucy.

in Understanding and Explaining Adjudication

September 1999; p ublished online March 2012 .

Chapter. Subjects: Jurisprudence and Philosophy of Law. 27783 words.

Value talk — talk about moral, ethical, political and pragmatic values — can function on at least three related levels. First, value talk is appropriate at the level of the relevance of...

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