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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


Plausible Reasoning

David Hodgson

in The Mind Matters: Consciousness and Choice in a Quantum World

Published in print:
1993
Published Online:
October 2011
ISBN:
9780198240686
eISBN:
9780191680236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198240686.003.0006
Subject:
Philosophy, Philosophy of Mind, Metaphysics/Epistemology

The previous chapter argued that the brain-mind has information which is not available to a non-conscious computer. This chapter argues that the brain-mind does use such information. The broad ... More


Back to the Begriffshimmel? 1 A Plea for an Analytical Perspective in European Law

Niilo Jääskinen

in The Coherence of EU Law: The Search for Unity in Divergent Concepts

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199232468
eISBN:
9780191716027
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232468.003.0019
Subject:
Law, EU Law

This chapter analyzes the Finnish analytical legal positivism in the forms it took from the 1950s to the early 1970s, and explores what kind of questions that approach would entail for the study of ... More


Law, Language, and the Law School Classroom

Elizabeth Mertz

in The Language of Law School: Learning to "Think Like a Lawyer"

Published in print:
2007
Published Online:
January 2010
ISBN:
9780195183108
eISBN:
9780199870875
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195183108.003.0002
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

This chapter provides a brief overview of scholarship that has examined the role of language in society and culture, in socialization practices, and in education. It concludes with a discussion of ... More


Regulating Contracts

Hugh Collins

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199258017
eISBN:
9780191717857
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258017.001.0001
Subject:
Law, Constitutional and Administrative Law

Using an interdisciplinary approach involving economics, sociology, and law, this book explores fundamental questions about the purposes and effects of legal regulation of contractual relationships. ... More


Rhetoric and The Rule of Law: A Theory of Legal Reasoning

Neil MacCormick

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199571246
eISBN:
9780191713064
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571246.001.0001
Subject:
Law, Philosophy of Law

When cases come before courts can we predict the outcome? Is legal reasoning rationally persuasive, working within a formal structure and using recognisable forms of arguments to produce predictable ... More


Preference, Principle, and Political Casuistry

Eric D. Knowles and Peter H. Ditto

in Ideology, Psychology, and Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199737512
eISBN:
9780199918638
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737512.003.0013
Subject:
Psychology, Social Psychology

To say that someone is a person of principle is high praise; to declare that he or she is driven by personal preference is a damning critique. This chapter examines judgments of preference and ... More


The Siren Call of Legal Reason

Joanne Conaghan

in Law and Gender

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199592920
eISBN:
9780191751103
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592920.003.0006
Subject:
Law, Philosophy of Law, Human Rights and Immigration

This chapter addresses the following questions: What does it mean to ‘think like a lawyer’? In what sense is lawyering a special or distinct way of thinking or doing? What role, if any, does gender ... More


A Dialectical Approach

ALAN NORRIE

in Punishment, Responsibility, and Justice: A Relational Critique

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198259565
eISBN:
9780191710636
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259565.003.0004
Subject:
Law, Comparative Law, Philosophy of Law

This chapter argues that the traditional Hegelian desire to ‘rationalise the real’, and thereby to resolve the problems of law via dialectical method, must be rejected. A dialectical approach, ... More


Legal Reasoning as Practical Reason

John Finnis

in Reason in Action: Collected Essays Volume I

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580057
eISBN:
9780191729379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580057.003.0015
Subject:
Law, Philosophy of Law

Understanding morality and understanding legal, especially judicial, reasoning each require attention to the distinctions between reason and feelings, and between making and doing. In clarifying ... More


Defeasibility in Legal Reasoning *

Giovanni Sartor

in The Logic of Legal Requirements: Essays on Defeasibility

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199661640
eISBN:
9780191745461
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661640.003.0007
Subject:
Law, Philosophy of Law

This chapter provides a logical analysis of defeasible reasoning. First it introduces the notion of a reasoning schema, and considers how ratiocination proceeds according to the reasoning schemata ... More


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