Results for ' legal order'

977 found
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  1.  64
    On legal order: Some criticism of the received view. [REVIEW]Riccardo Guastini - 2000 - Ethical Theory and Moral Practice 3 (3):263-272.
    The author discusses a number of topics related to the concept of legal order and the structure of legal orders. In particular, the following theses are challenged: (1) legal orders are sets of rules; (2) the criterion of membership to such sets is validity; (3) legal orders are dynamic sets; (4) legal orders are provided with a hierarchical configuration; (5) legal orders are coherent and consistent sets.
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  2.  29
    The Legal Order: Studies in the Foundations of Juridical Thinking.Åke Frändberg - 2018 - Cham: Springer Verlag.
    In this monograph a fundamental distinction is made between law and juridical thinking. Law is the content of legal rules and the systems of legal rules. Juridical thinking is the handling of the law by the lawyers. To this distinction corresponds a basic distinction between the language of law and the language of juridical thinking, and correlatively, between L-concepts and J-concepts. The monograph is devoted to the J-concepts, especially of technical J-concepts. Four kinds of J-concepts are investigated: morphological (...)
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  3. The Legal Order: Morphological Levels.Åke Frändberg - 2018 - In Åke Frändberg, The Legal Order: Studies in the Foundations of Juridical Thinking. Cham: Springer Verlag.
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  4. (1 other version)The legal order of National Socialism.Otto Kirchheimer - 1941 - Studies in Philosophy and Social Science 9:456-75.
     
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  5.  30
    Can the Legal Order 'Respond'?Petra Gehring - 2006 - Ethical Perspectives 13 (3):469-496.
    After a brief explanation of my approach, this paper questions the foundations of a phenomenological theory of law, deploying the argument in three steps.In a first step I reconstruct the connection between Anspruchand Anrecht as developed in Waldenfels’ paradigm of responsiveness. Can law be characterised as an order that is able to ‘respond’ in this specific sense?The second step confronts the radical perspective of a phenomenology of the alien with the question of order. Can a theory of (...) characterise law as ‘just,’ given that modern positive law is explicitly contained in and founded on itself? In a third step I review the boundaries of law. Would a phenomenology of law acknowledge law as a dimension that – inside the boundaries of law as order – is structurally able to react to the alien and to respond to alien appeals? The overall answer to these questions will be negative.A phenomenology of the alien will not surmount the boundaries inherent to the legal order as order – which push- es the question of justice to the outer limits of the law. The question of the alien, then, does not refer to questions within law; rather, it refers to the problem of juridification or to the sacrifices to be made to obtain access to rights. Decisive is the step into the realm of law, not a certain rule or a decision within thatrealm.If one is to pursue the phenomenological viewpoint of the alien and the dual theme of Anspruch and Antwort, legal phenomena should be considered from the problem of order – in a critical vein to be sure. (shrink)
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  6.  17
    The Legal Order.Mariano Croce & Marco Goldoni - 2017 - Routledge.
    First published in 1917 and 1918, with a second edition in 1946, this is the first English translation of Santi Romano's classic work, L'ordinamento giuridico. The main focus of The Legal Order is the notion of institution, which Romano considers to be both the core and distinguishing feature of law. After criticising accounts of the nature of law centred on notions of rule, coercion or authority, he offers a compelling conception, not merely of law as an institution, but (...)
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  7. Criminal Law, Tradition and Legal Order: Crime and the Genius of Scots Law, 1747 to the Present.Lindsay Farmer - 1996 - Cambridge University Press.
    This book examines the relationship between legal tradition and national identity to offer a critical and historical perspective on the study of criminal law. It develops a radically different approach to questions of responsibility and subjectivity, and was among the first studies to combine appreciation of the institutional and historical context in which criminal law is practised with a critical understanding of the law itself. Applying contemporary social theory to the particular case of nineteenth-century Scottish law, Lindsay Farmer is (...)
     
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  8.  14
    The legal order.Santi Romano - 2017 - New York: Routledge. Edited by Mariano Croce.
    The law commonly conceived as a norm : deficiency of this conception -- On some general hints of this deficiency, and in particular those evinced by the likely origin of the current definitions of law -- The need to distinguish the distinct legal norms from the legal order considered as a whole. The logical impossibility of defining the legal order as a set of norms -- How the unity of a legal order has (...)
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  9.  23
    Many Legal Orders, One Law.Francis G. Jacobs - 2011 - In Jacobs Francis G., Proceedings of the British Academy Volume 167, 2009 Lectures. pp. 119.
    This chapter presents the text of a lecture on legal orders in Europe given at the British Academy's 2008 Law Lecture. This text suggests that developments in European and international law make it increasingly hard to sustain the view that a single system of law operates within each sovereign territory. It explains that in Europe, different legal orders seem to coexist, in relation to the same issues, within the same legal space; and questions constantly arise about which (...)
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  10.  26
    A legal orderʼs supreme legislative authorities.Cristina Redondo - 2016 - Revus 29.
    The first part of this article is about the rules that define a legal order’s supreme legislative authority. In this first part, the article also dwells on several distinctions such as those between norms and meta-norms, legislative and customary rules, and constitutive and regulative rules, all with the objective of determining which of these categories the aforementioned rules belong to. The conclusion is that the basic rules defining the supreme legislative authorities of every existing legal order (...)
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  11.  43
    Custom, Enactment and Legal Order.D. Ll Stephen Hall - 2011 - Journal of Catholic Social Thought 8 (1):127-162.
  12.  21
    Between Exception and Normality: Schmittian Dictatorship and the Soviet Legal Order.Anna Lukina - 2022 - Ratio Juris 35 (2):139-157.
    This article addresses Schmitt’s concept of sovereign dictatorship—a departure from the normal legal order aiming to bring about a new mode of legality—as applied to the Marxist, and then Soviet, “dictatorship of the proletariat.” Unlike Schmitt, Marx and Engels, as well as Soviet legal theorists, saw the space for law even while aiming to dispense with the legal form on the road to communism. This is best explained by Schmitt’s failure to recognize the importance of (...) systems not only for controlling social conflict, but also for coordination, the need for which does not disappear in extraordinary circumstances. (shrink)
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  13.  9
    Varieties of legal order: the politics of adversarial and bureaucratic legalism.Thomas Frederick Burke & Jeb Barnes (eds.) - 2018 - New York, NY: Routledge.
    Using the work of Robert A. Kagan's intellectual contribution on the intensification of law, leading authorities in the study of the politics of regulation and litigation examine the consequences of the expansion and intensification of law, both in the United States and the rest of the world. Part One considers bureaucratic legalism, a terrain in which popular and political discourse often conceives as a pitched battle between business and government, and in which claims about quantity—"too much" and "too little"—take center (...)
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  14.  32
    Development of European Union Legal Order after the Treaty of Lisbon: Conditions, Challenges and Perspectives (article in German).Thomas von Danwitz - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (2):423-440.
    This essay deals with conditions, challenges and perspectives concerning the legal system of the European Union after the Lisbon treaty has entered into force. It starts out by recalling constitutional principles such as primacy, direct effect and consistent interpretation of the European legal order on the one hand and the relationship of cooperation between the Court of Justice and national courts – notably pointing out the importance of the preliminary procedure (Article 267 TFEU) – on the other (...)
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  15.  24
    Anarchy and Legal Order: Law and Politics for a Stateless Society.Peter T. Leeson - 2014 - Common Knowledge 20 (3):505-505.
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  16.  10
    International Treaties and the Legal Order of the Slovak Republic (On the Issue of Domestic and International Law).Ján Azud - 1997 - Human Affairs 7 (2):119-133.
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  17.  41
    The democratic legal order and politics.Georg Geismann - 1971 - Ethics 81 (4):314-325.
  18.  14
    Historical Development, Legal Order and Political Configuration of the Regionalised State in Spain.Emrah Konuralp - 2019 - Akademik İncelemeler Dergisi 14 (1):345-402.
    In this article, Spain’s system of autonomous communities as a model of regionalisation in terms of subnational integration is analysed regarding its historical background, legal framework, and political context. Regionalism is examined with special emphasis on Bask nationalism and is also discussed with reference to the recent independence movement taking place in Catalonia. The contribution of the European Union’s encouragement of regional self-government to the development of regional democracy in Spain is stated in the mentioned as well. Regionalisation in (...)
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  19.  12
    Law, State, and International Legal Order: Essays in Honor of Hans Kelsen.Salo Engel & Hans Kelsen - 1968 - University of Tennessee Press.
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  20.  17
    The Naivety of Faith in the Abstraction of Legal Order.Bernard Špoljarić - 2022 - Filozofska Istrazivanja 42 (3):605-622.
    From the perspective of the political theory such is the one in Tractatus Theologico-Politicus by Benedictus Spinoza, the purpose of the state as a legal order is the establishment of the permanent condition of security and preservation of the people’s liberty. This also presumes instrumental-functional purposefulness of the state apparatus, which reflects in the combination of protection and obedience. Such a legislative establishment has its real and abstract dimension. Ideally, the latter is in service of the former. Problems (...)
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  21.  69
    The Ideal Socio-Legal Order. Its "Rule of Law" Dimension.Robert S. Summers - 1988 - Ratio Juris 1 (2):154-161.
    . The author aims at defining the borderlines of the concept “rule of law.” This has been often inflated to encompass several dimensions of an ideal legal order. The author on the contrary believes that the “rule of law” ought to be a “thin” ideal. As a matter of fact, when the “rule of law” signifies almost any dimension of an ideal legal order, it comes to stand for nothing essential in particular. Deflation is then advocated (...)
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  22.  33
    Which Kind of Legal Order? Logical Coherence and Praxeological Coherence.Mario J. Rizzo - 1999 - Journal des Economistes Et des Etudes Humaines 9 (4):497-510.
    Nous proposons dans cet article un développement de l’idée proposée par F.A. Hayek selon laquelle l’ordre du droit coutumier est un ordre d’action, une coordination des plans individuels dans un système d’échange régi par ce droit. Cette conception s’oppose à l’idée suivant laquelle l’ordre légal doit être avant tout fondé sur la cohérence logique des concepts et doctrines de ce droit. Un exemple important de cette approche est celui de la structure de maximisation des richesses de William Landes et Richard (...)
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  23.  32
    The Normative Foundation of Legal Orders: A Balance Between Reciprocity and Mutuality.Dorien Pessers PhD - 2014 - Netherlands Journal of Legal Philosophy 43 (2):150-157.
    The Normative Foundation of Legal Orders: A Balance Between Reciprocity and Mutuality Reciprocity seems to figure as a self-evident normative foundation of legal orders. Yet a clear understanding of the often opaque role that reciprocity plays in this regard demands drawing a conceptual distinction. This article views reciprocity as a social morality of duties, in opposition to mutuality, which concerns a legal morality of rights. In everyday life these two broad categories of human interaction interfere in a (...)
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  24.  33
    Emerging Legal Orders. Formalism and the Theory of Legal Integration.Burkhard Schäfer & Zenon Bankowski - 2003 - Ratio Juris 16 (4):486-505.
  25.  14
    Critique of legal order.Richard Quinney & Randall G. Shelden - 1973 - Boston,: Little, Brown.
    Originally published thirty years ago, Critique of the Legal Order remains highly relevant for the twenty-first century. Here Richard Quinney provides a critical look at the legal order in capitalist society. Using a traditional Marxist perspective, he argues that the legal order is not intended to reduce crime and suffering, but to maintain class differences and a social order that mainly benefits the ruling class. Quinney challenges modern criminologists to examine their own positions. (...)
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  26. The Concept of the Legal Order.Hans Kelsen & Stanley L. Paulson - 1982 - American Journal of Jurisprudence 27 (1):64-84.
    In Section I, Kelsen introduces the legal order as an aggregate of norms and considers the question of the basis of the validity of a norm. He then turns, in Section II, to a series of questions that arise in connection with “unconstitutional” statutes. Finally, in Section III, Kelsen defends at length a monistic interpretation of the relation between the international and domestic legal orders. (Translator's summary.).
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  27. The Materiality of the Legal Order.Marco Goldoni - 2022 - Cambridge University Press.
    This Element aims to explore how the relation between societal organisation and legal orders – the question of materiality – has been investigated in philosophy of law. The starting point of the Element is that such relation has often been left invisible or thematised in poor and reductive terms. After having explained the main reasons behind this neglect, the Element provides an overview of the three main approaches to legal philosophy whose contributions, though not always effective, can still (...)
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  28.  12
    Regulating AI-Based Medical Devices in Saudi Arabia: New Legal Paradigms in an Evolving Global Legal Order.Barry Solaiman - 2024 - Asian Bioethics Review 16 (3):373-389.
    This paper examines the Saudi Food and Drug Authority’s (SFDA) Guidance on Artificial Intelligence (AI) and Machine Learning (ML) technologies based Medical Devices (the MDS-G010). The SFDA has pioneered binding requirements designed for manufacturers to obtain Medical Device Marketing Authorization. The regulation of AI in health is at an early stage worldwide. Therefore, it is critical to examine the scope and nature of the MDS-G010, its influences, and its future directions. It is argued that the guidance is a patchwork of (...)
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  29.  28
    Anarchy and legal order: law and politics for a stateless society.Gary Chartier - 2013 - New York: Cambridge University Press.
    Laying foundations -- Rejecting aggression -- Safeguarding cooperation -- Enforcing law -- Rectifying injury -- Liberating society -- Situating liberation.
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  30.  12
    How the Law of Return Creates One Legal Order in Palestine.Hassan Jabareen - 2020 - Theoretical Inquiries in Law 21 (2):459-490.
    The prevailing discourse in Israeli academia on justifying the values of Israel as a “Jewish and democratic state” takes the form of a debate involving questions of group rights of a national minority, as in any liberal democracy. The framework of this discourse relies on three interconnected, hegemonic assertions. These assertions assume the applicability of equal individual rights, put aside the Occupation of the West Bank and Gaza as irrelevant for the “Jewishness” of the state as it belongs to a (...)
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  31.  24
    Social Peace as conditio tacita for the Validity of the Positive Legal Order.Mathijs Notermans - 2015 - Law and Philosophy 34 (2):201-227.
    My article investigates the paradoxical dualism in Kelsen’s Pure Theory of Law, in which exists on the one hand a strict distinction and on the other hand a necessary relation between Is and Ought. I shall further try to answer the question whether Kelsen’s pure theory tacitly assumes in the conditions for validity of the positive legal order a basic value and underlying condition, namely, that of ‘social peace’. In order to answer that question, I will first (...)
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  32. The Jurisprudential Foundations of the Apartheid Legal Order.J. Dugard - 1986 - Philosophical Forum 18 (2-3):115-123.
     
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  33.  17
    A counter-mine that explodes silently: Romano and Schmitt on the unity of the legal order.Andrea Salvatore - 2018 - Ethics and Global Politics 11 (2):50-59.
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  34.  11
    Ordered anarchy: Evolution of the decentralized legal order in the icelandic commonwealth.Birgir T. Runolfsson Solvason - 1992 - Journal des Economistes Et des Etudes Humaines 3 (2-3):333-352.
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  35. The problem of platform law : pluralistic legal ordering on social media.Molly K. Land - 2020 - In Paul Schiff Berman, The Oxford handbook of global legal pluralism. New York, NY: Oxford University Press.
     
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  36.  62
    “No Justice, No Peace”: Black Lives Matter, Institutional Racism, and Legal Order.Luigi D. A. Corrrias - 2023 - Journal of the British Society for Phenomenology 55 (1):94-110.
    Following the murder of George Floyd, the Black Lives Matter-movement (BLM) took to the streets to protest against institutional racism. In these protests, one could often hear the slogan “No Justice, No Peace”. Drawing on legal theory, speech act theory and phenomenology, this article investigates what kind of justice and peace are called upon and how the slogan functions as a claim addressed to the legal order. First, the article shows that the rule of law provides a (...)
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  37. The role of specific religious law within a predominantly secular legal order.Elena Paraschiv - 2011 - Analysis and Metaphysics 10:191-196.
     
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  38.  57
    Our knowledge of the legal order.Sean Coyle - 1999 - Legal Theory 5 (4):389-413.
  39. Towards a material criterion of identity of a legal order.J. María Vilajosana - 1996 - Rechtstheorie 27 (1):45-64.
     
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  40.  33
    Anarchy and Legal Order: Law and Politics for a Stateless Society, written by Gary Chartier.Paul McLaughlin - 2016 - Journal of Moral Philosophy 13 (3):389-392.
  41.  6
    Against Inequalities in the World Legal Order.O. Hoffe - 2002 - Philosophical Topics 30 (2):49-77.
  42.  12
    The international legal order.Benedict Kingsbury - 2003 - New York, NY: Institute for International Law and Justice, New York University School of Law.
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  43.  50
    Custom, Enactment and Legal Order.Stephen Hall - 2011 - Journal of Catholic Social Thought 8 (1):127-162.
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  44.  24
    (1 other version)The Degradation of the International Legal Order? The Rehabilitation of Law and the Possibility of Politics, Bill Bowring, Routledge-Cavendish, 2008.Robert J. Knox - 2010 - Historical Materialism 18 (1):193-207.
    Bill Bowring’s book attempts to argue for a Marxist account of international law that embraces it as a tool for progressive politics and revolutionary change. He argues it is necessary to give a substantive account of both, locating them in the real struggles of the oppressed. Specifically, he locates human rights in the three great revolutions ‐ the French, the Russian and the anticolonial. However, this revolutionary heritage has been ‘degraded’ by recent events. As such, it is necessary to adopt (...)
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  45. The vanishing slaves of Paris : the lettre de cachet and the emergence of an imperial legal order in eighteenth-century France.Miranda Spieler - 2017 - In Zvi Ben-Dor Benite, Stefanos Geroulanos & Nicole Jerr, The Scaffolding of Sovereignty: Global and Aesthetic Perspectives on the History of a Concept. New York: Columbia University Press.
     
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  46.  7
    The Swedish Philosopher Axel Haegerstroem and His Relationship to Finland's Struggle to Preserve Her Legal Order, 1899-1917.Jacob W. F. Sundberg - 1983 - F.B. Rothman.
  47.  11
    Stability and change in a legal order: The impact of ambiguity.Rozann Rothman - 1972 - Ethics 83 (1):37-50.
  48.  16
    Human Rights in a Plural Ethical Framework: A Questioning on the Threshold of Legal Orders.Ferdinando G. Menga & Pierfrancesco Biasetti - 2014 - Metodo. International Studies in Phenomenology and Philosophy 2 (1):7-16.
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  49.  31
    A comment on Hans Lindahl, Fault Lines of Globalization: Legal Order and the Politics of A-Legality.Scott Veitch - 2016 - Jurisprudence 7 (2):409-418.
  50.  6
    A Framework to Integrate Ethical, Legal, and Societal Aspects (ELSA) in the Development and Deployment of Human Performance Enhancement (HPE) Technologies and Applications in Military Contexts.Human Behaviour Marc Steen Koen Hogenelst Heleen Huijgen A. Tno, The Hague Collaboration, Human Performance The Netherlandsb Tno, The Netherlandsc Tno Soesterberg, Aerospace Warfare Surface, The NetherlAndsmarc Steen Works As A. Senior Research ScientIst At Tno The Hague, Value-Sensitive Design Human-Centred Design, Virtue Ethics HIs Mission is To Promote The Design Applied Ethics Of Technology, Flourish Koen Hogenelst Works As A. Senior Research Scientist at Tno ApplicAtion Of Technologies In Ways That Help To Create A. Just Society In Which People Can Live Well Together, His Research COncentrates on Measuring A. Background In Neuroscience, Cognitive Performance Improving Mental Health, Military Domains HIs Goal is To Align Experimental Research In Both The Civil, Field-Based Research Applied, Practical Use To Pave The Way For Implementation, Consultant At Tno Impact Heleen Huijgen Is A. Legal Scientist & StrAtegic Environment Her MIssion is To Create Legal Safeguards Fo Technologies - 2025 - Journal of Military Ethics 23 (3):219-244.
    In order to maximize human performance, defence forces continue to explore, develop, and apply human performance enhancement (HPE) methods, ranging from pharmaceuticals to (bio)technological enhancement. This raises ethical, legal, and societal concerns and requires organizing a careful reflection and deliberation process, with relevant stakeholders. We discuss a range of ethical, legal, and societal aspects (ELSA), which people involved in the development and deployment of HPE can use for such reflection and deliberation. A realistic military scenario with proposed (...)
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