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Islamic Natural Law Theories

Anver M. Emon

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579006
eISBN:
9780191722639
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579006.001.0001
Subject:
Law, Philosophy of Law, Legal History

This book offers the first sustained jurisprudential inquiry into Islamic natural law theory. It introduces readers to competing theories of Islamic natural law theory based on close readings of ... More


Analogy and Epistemic Values

Paul F. A. Bartha

in By Parallel Reasoning: The Construction and Evaluation of Analogical Arguments

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195325539
eISBN:
9780199776313
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195325539.003.0007
Subject:
Philosophy, Logic/Philosophy of Mathematics

This chapter provides a defense of analogical reasoning by linking it to standard pragmatic virtues that guide us in the choice of scientific theories. The idea is based on a high‐level analogy ... More


Children and Young People as Moral and Legal Actors: Findings from Studies Conducted in Northern Italy

Roberta Bosisio

in Law and Childhood Studies: Current Legal Issues Volume 14

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199652501
eISBN:
9780191739217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199652501.003.0013
Subject:
Law, Family Law, Human Rights and Immigration

The results of many studies show children's competence in terms of moral reasoning and action, and also their awareness of the discrepancy between their moral competence and the low moral status ... More


Constitutional Dilemmas: Conflicts of Fundamental Legal Rights in Europe and the USA

Lorenzo Zucca

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552184
eISBN:
9780191709630
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552184.001.0001
Subject:
Law, Constitutional and Administrative Law

This book deals with one of the most important issues of philosophy of law and constitutional thought: how to understand clashes of fundamental rights, such as the conflict between free speech and ... More


Between Authority and Interpretation: On the Theory of Law and Practical Reason

Joseph Raz

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562688
eISBN:
9780191705342
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562688.001.0001
Subject:
Law, Philosophy of Law

This book develops ideas on some of the central questions in practical philosophy: legal, political, and moral. It provides an overview of the author's work on jurisprudence and the nature of law in ... More


Institutionalized Reason: The Jurisprudence of Robert Alexy

Matthias Klatt (ed.)

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199582068
eISBN:
9780191739354
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199582068.001.0001
Subject:
Law, Philosophy of Law

This volume gathers leading figures from legal philosophy and constitutional theory to offer a critical examination of the work of Robert Alexy. The chapters explore the issues surrounding the ... More


On the Nature of Law

Joseph Raz

in Between Authority and Interpretation: On the Theory of Law and Practical Reason

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562688
eISBN:
9780191705342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562688.003.0004
Subject:
Law, Philosophy of Law

This chapter begins with a discussion of the universality of the theses of the general theory of law. It argues that all successful legal theories are parochial; that success can be obtained only ... More


Top-Down and Bottom-Up Models of Judicial Reasoning

Brandon L. Bartels

in The Psychology of Judicial Decision Making

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195367584
eISBN:
9780199776917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367584.003.0003
Subject:
Psychology, Forensic Psychology

This essay offers a perspective on how social psychological insights regarding the cognitive processes of judgment can help enrich our understanding of judicial decision making. Such a focus ... More


Coherence, Hypothetical Cases, and Precedent

S. L. Hurley

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/9780199546145.003.0005
Subject:
Law, Philosophy of Law

This chapter defends a coherence account of legal reasoning similar to Dworkin's. Coherence accounts of legal reasoning claim that what ought to be done when the reasons for various alternatives ... More


Reasoning with Rules

Joseph Raz

in Between Authority and Interpretation: On the Theory of Law and Practical Reason

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562688
eISBN:
9780191705342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562688.003.0008
Subject:
Law, Philosophy of Law

This chapter addresses the question: How can it be that rules are reasons when they do not point to a good in the action for which they are reason? This phenomenon is referred to as the opaqueness of ... More


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