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Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy

Brian Leiter

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199206490
eISBN:
9780191715020
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206490.001.0001
Subject:
Law, Philosophy of Law

The author is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic ... More


Critical Legal Studies

John Finnis

in Philosophy of Law: Collected Essays Volume IV

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580088
eISBN:
9780191729409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580088.003.0014
Subject:
Law, Philosophy of Law

This chapter presents a critical examination of Unger's seminal article and book The Critical Legal Studies Movement, and of its account of legal thought, tested against its account of certain ... More


On the Legal Geography of Ethnocratic Settler States: Notes Towards a Research Agenda

Alexandre (Sandy) Kedar

in Law and Geography

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199260744
eISBN:
9780191698675
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199260744.003.0020
Subject:
Law, Philosophy of Law

Since the ‘Courts of the Conquerors’ appears to have a complex view regarding how native land becomes subject to dispossession, this chapter attempts to look into observations and assumptions about ... More


Did Dworkin Ever Answer the Crits?

Jeremy Waldron

in Exploring Law's Empire: The Jurisprudence of Ronald Dworkin

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546145
eISBN:
9780191706462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546145.003.0008
Subject:
Law, Philosophy of Law

This chapter highlights a dilemma for Dworkin arising from tension between his principle of integrity and his constructivism about legal background. A certain critique from the Critical Legal Studies ... More


‘Legal Liberalism’ or Liber et Legalis?

John Finnis

in Philosophy of Law: Collected Essays Volume IV

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580088
eISBN:
9780191729409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580088.003.0015
Subject:
Law, Philosophy of Law

This chapter presents a brief unpublished essay on David Price's critique of Critical Legal Studies (CLS) and defence of ‘legal liberalism’. The latter category, much promoted by Unger and others in ... More


Legal Theory and Language

Christopher Hutton

in Language, Meaning and the Law

Published in print:
2009
Published Online:
September 2012
ISBN:
9780748633500
eISBN:
9780748671489
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748633500.003.0002
Subject:
Linguistics, Applied Linguistics and Pedagogy

This chapter offers a brief introduction to topics and approaches in legal theory and language. It offers a critical summary of the differences between natural law and legal positivism, describes in ... More


Tainted Witness: Why We Doubt What Women Say About Their Lives

Leigh Gilmore

Published in print:
2017
Published Online:
January 2019
ISBN:
9780231177146
eISBN:
9780231543446
Item type:
book
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231177146.001.0001
Subject:
Society and Culture, Gender Studies

In 1991, Anita Hill's testimony during Clarence Thomas's Senate confirmation hearing brought the problem of sexual harassment to a public audience. Although widely believed by women, Hill was defamed ... More


Environmental (In)justice in Climate Change

Martin J. Adamian

in Political Theory and Global Climate Change

Published in print:
2008
Published Online:
August 2013
ISBN:
9780262220842
eISBN:
9780262285445
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262220842.003.0004
Subject:
Environmental Science, Climate

This chapter examines the global climate regime, the idea of international environmental justice, and Critical Legal Studies (CLS) to assess the possibility of using international environmental laws ... More


Law and Economics

Richard Posner

in Legal Intellectuals in Conversation: Reflections on the Construction of Contemporary American Legal Theory

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814737071
eISBN:
9780814745434
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814737071.003.0003
Subject:
Law, Legal History

This chapter presents an interview with Richard Posner, a judge of the US Court of Appeals for the Seventh Circuit. He was formerly the Lee and Brena Freeman Professor of Law, and is currently a ... More


The Ambitions of Contract as Promise

Charles Fried

in Philosophical Foundations of Contract Law

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198713012
eISBN:
9780191781414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198713012.003.0002
Subject:
Law, Philosophy of Law, Law of Obligations

Contract as Promise, published in 1981, was an attempt to provide a comprehensive theory of contract law, rooted in individualistic, classical liberal premises. The presiding genius of the work was ... More


Is There a Difference That Makes a Difference between Dignity and uBuntu?

Drucilla Cornell

in Law and Revolution in South Africa: uBuntu, Dignity, and the Struggle for Constitutional Transformation

Published in print:
2014
Published Online:
September 2014
ISBN:
9780823257577
eISBN:
9780823261574
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823257577.003.0009
Subject:
Philosophy, Political Philosophy

Since WWII, dignity has become an important legal and moral value in almost all of the instruments of human rights and international law, and has no been incorporated into constitutions as a ... More


Conclusions

Jacopo Martire

in A Foucauldian Interpretation of Modern Law: From Sovereignty to Normalisation and Beyond

Published in print:
2017
Published Online:
January 2018
ISBN:
9781474411929
eISBN:
9781474435215
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474411929.003.0005
Subject:
Law, Philosophy of Law

On the basis of the preceding argument, the author posits that the emergence of a new emergent virtual understanding of the individual, has brought us to the absolute limit of the normalizing ... More


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