Results for 'Law Methodology'

976 found
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  1. Ecological Laws.Ecological Laws - unknown
    The question of whether there are laws in ecology is important for a number of reasons. If, as some have suggested, there are no ecological laws, this would seem to distinguish ecology from other branches of science, such as physics. It could also make a difference to the methodology of ecology. If there are no laws to be discovered, ecologists would seem to be in the business of merely supplying a suite of useful models. These models would need to (...)
     
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  2.  12
    Rethinking of contemporary Islamic law methodology: Critical study of Muhammad Shahrūr's thinking on Islamic law sources.Arip Purkon - 2022 - HTS Theological Studies 78 (4):1–7.
    This study examined the contemporary ijtihād paradigm, especially in understanding the Islamic law sources, according to Muḥammad Shaḥrūr. This study focused on answering two things, namely Shaḥrūr's thinking in understanding the sources of contemporary Islamic law and compared it with the opinions of 'ulamā (Muslim scholars in Islamic law). An explorative method was used to explore the Shaḥrūr's thinking in understanding the contemporary Islamic law sources, and a comparative method was used to analyse it using 'ulamā's methodology. This research (...)
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  3.  15
    Science for social scientists.John Law - 1984 - London: Macmillan Press. Edited by Peter Lodge.
  4.  98
    Is Anesthesia Intrinsically Wrong? On Moral Absolutes and Natural Law Methodology.James M. Dubois - 2008 - Christian Bioethics 14 (2):206-216.
    This article engages two fundamentally different kinds of so-called natural law arguments in favor of specific moral absolutes: Elizabeth Anscombe's claim that certain actions are known to be intrinsically wrong through intuition, and John Finnis's claim that such actions are known to be wrong because they involve acting directly against a basic human good. Both authors maintain, for example, that murder and contraceptive sexual acts are known to be wrong, always and everywhere, through their respective epistemological lens. This article uses (...)
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  5.  19
    Women's life courses, spatial mobility, and state policies.Glenda Laws - 1997 - In John Paul Jones, Heidi J. Nast & Susan M. Roberts (eds.), Thresholds in feminist geography: difference, methodology, and representation. Lanham, Md.: Rowman & Littlefield Publishers. pp. 47--64.
  6.  53
    Reassembling Social Science Methods: The Challenge of Digital Devices.Evelyn Ruppert, John Law & Mike Savage - 2013 - Theory, Culture and Society 30 (4):22-46.
    The aim of the article is to intervene in debates about the digital and, in particular, framings that imagine the digital in terms of epochal shifts or as redefining life. Instead, drawing on recent developments in digital methods, we explore the lively, productive and performative qualities of the digital by attending to the specificities of digital devices and how they interact, and sometimes compete, with older devices and their capacity to mobilize and materialize social and other relations. In doing so, (...)
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  7. Reading modern law: critical methodologies and sovereign formations.Ruth Margaret Buchanan, Stewart J. Motha & Sundhya Pahuja (eds.) - 2012 - New York, NY: Routledge.
     
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  8.  47
    Methodological Clarity or the Substantial Purity of Law? Notes on the Discussion between Kelsen and Pitamic.Marijan Pavčnik - 2014 - Ratio Juris 27 (2):176-189.
    Leonid Pitamic was convinced that law could not be understood and explored by a single method aiming at a pure object of enquiry. He argued that it was necessary to employ other methods besides the normative one (especially the sociological and axiological methods), which, however, should not be confounded. Methodological syncretism can be avoided by clearly distinguishing between different aspects of law and by allowing the methods to support each other. By following this guideline, and by arguing according to a (...)
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  9. On the (Methodological) Future of Law and Economics. The Uneasy Burden of Value Judgments and Normativity.Paolo Silvestri - 2019 - Global Jurist 19 (3):1-17.
    Taking as its starting-point Guido Calabresi’s latest book – The Future of Law and Economics – the present article aims to explore the often neglected issue of value judgments and normativity in Law and Economics. I will show the importance of enquiring Calabresi’s methodological distinction between Law and Economics and Economic Analysis of Law and the related bilateralism thesis in order to understand the problematic relationship between methodological value judgments and ethical value judgments, the ‘distance’ between Calabresi and Posner and (...)
     
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  10. Divine Methodology: A Lawful Deflection of Kantian and Kantian-esque Defeaters.Tyler Dalton McNabb & Erik Baldwin - 2017 - Open Theology 3:293-304.
     
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  11.  33
    Economic Methodology: Paradox of Ceteris Paribus (CP) Law in the Context of Sierra Leone. Jackson - 2016 - Méthod(E)S: African Review of Social Sciences Methodology 2 (1/2).
    Research in the subject area of economics (as a social science) has defined its ontologie of scientific investigation through economic methodology; a philosophical approach entailing the proviso of empirical evidence and backed by an understanding of human interaction in their natural habitat. The contention of economic methodology being refuted for its non-scientific means of investigation and particularly with the application of Ceteris Paribus (CP) law, has been critically addressed in this article, with Sierra Leone as a case example. (...)
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  12.  26
    Terror in time: extending culturomics to address basic terror management mechanisms.Mark Dechesne & Bryn Bandt-Law - 2018 - Cognition and Emotion 33 (3):492-511.
    ABSTRACTBuilding on Google's efforts to scan millions of books, this article introduces methodology using a database of annual word frequencies of the 40,000 most frequently occurring words in the American literature between 1800 and 2009. The current paper uses this methodology to replicate and identify terror management processes in historical context. Variation in frequencies of word usage of constructs relevant to terror management theory are investigated over a time period of 209 years. Study 1 corroborated previous TMT findings (...)
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  13. Methodological Syncretism in Kelsen's Pure Theory of Law.Deryck Beyleveld & Roger Brownsword - 1998 - In Stanley L. Paulson (ed.), Normativity and Norms: Critical Perspectives on Kelsenian Themes. New York: Oxford University Press.
     
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  14.  11
    Kelsen: Methodological Individualism in the Social Theory of Law.Stephen Turner - 2023 - In Nathalie Bulle & Francesco Di Iorio (eds.), The Palgrave Handbook of Methodological Individualism: Volume II. Springer Verlag. pp. 53-76.
    The status and nature of the state have been the traditional source of claims about the reality of supra-individual social entities. Kelsen was the dissolver of this problematic, by asserting the identity of state and law, and asserting that law was the authorized actions of individuals. But this required an account of the origin of law itself. He traced this to pre-state law, and the normative order of retribution, which he explained as part of a primitive mentality that depended on (...)
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  15.  78
    Methodologies of Rule of Law Research: Why Legal Philosophy Needs Empirical and Doctrinal Scholarship.Sanne Taekema - 2020 - Law and Philosophy 40 (1):33-66.
    Rule of law is a concept that is regularly debated by legal philosophers, often in connection to discussion of the concept of law. In this article, the focus is not on the substance of the conceptual claims, but on the methodologies employed by legal philosophers, investigating seminal articles on the rule of law by Joseph Raz and Jeremy Waldron. I argue that their philosophical argumentations often crucially depend on empirical or legal doctrinal arguments. However, these arguments remain underdeveloped. I explore (...)
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  16.  56
    Normativity in Legal Sociology: Methodological Reflections on Law and Regulation in Late Modernity.Reza Banakar - 2014 - Cham: Imprint: Springer.
    The field of socio-legal research has encountered three fundamental challenges over the last three decades - it has been criticized for paying insufficient attention to legal doctrine, for failing to develop a sound theoretical foundation and for not keeping pace with the effects of the increasing globalization and internationalization of law, state and society. This book examines these three challenges from a methodological standpoint. It addresses the first two by demonstrating that legal sociology has much to say about justice as (...)
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  17.  19
    Law and Economics as Interdisciplinary Exchange: Philosophical, Methodological and Historical Perspectives.Péter Cserne & Magdalena Małecka (eds.) - 2019 - New York, NY: Routledge.
    "Law and Economics has become an established field worldwide and it may be argued that it is one of the few examples of a successful interdisciplinary project. This book explores whether, or to what extent, that interdisciplinarity has indeed been a success. It provides insights on the foundations and methods, achievements and challenges of Law and Economics, at a time when both the continuing challenges to academic economics and the growth of empirical legal studies raise questions about the identity and (...)
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  18. Commonsense Metaphysics and Lexical Semantics.Jerry R. Hobbs, William Croft, Todd Davies, Douglas Edwards & Kenneth Laws - 1987 - Computational Linguistics 13 (3&4):241-250.
    In the TACITUS project for using commonsense knowledge in the understanding of texts about mechanical devices and their failures, we have been developing various commonsense theories that are needed to mediate between the way we talk about the behavior of such devices and causal models of their operation. Of central importance in this effort is the axiomatization of what might be called commonsense metaphysics. This includes a number of areas that figure in virtually every domain of discourse, such as granularity, (...)
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  19.  8
    Methodological Individualism and the Foundations of the “Law and Economics” Movement.Jean-Baptiste Fleury & Alain Marciano - 2023 - In Nathalie Bulle & Francesco Di Iorio (eds.), The Palgrave Handbook of Methodological Individualism: Volume II. Springer Verlag. pp. 77-101.
    The purpose of this paper is to discuss the methodological foundations of the law and economics movement, with a special emphasis on the role and place of individuals in law and economics. Reviewing the works of the main contributors—the founders, indeed—to the law and economics movement, we show that all of them considered that the analysis of legal phenomena had to start from individual behavior, even as these very behaviors were embedded, to various degrees, though not determined, in legal and (...)
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  20.  20
    Methodological aspects of the reform of modern Muslim law.M. V. Lubs’ka - 2005 - Ukrainian Religious Studies 37:59-67.
    Muslim legal culture is becoming more relevant to modern Ukraine, which can be explained, on the one hand, by the nature of Islam and, on the other, by the peculiarities of its current state in our country. After all, the internal logic of Islam, as a universal system that encompasses both religious and secular life, as one of the components of the awakening of Islam, involves recourse to Sharia, a strict adherence to which is an unmistakable criterion for Muslims of (...)
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  21.  59
    A methodological investigation into the general law of causality.Max Rieser - 1948 - Journal of Philosophy 45 (24):655-662.
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  22.  2
    From a Sociology-Based Islamic Legal Methodology to Secular Law: Ziya Gökalp’s Views on Fiqh in the Turkish Modernisation Process.Sema Çakır - 2025 - Kocaeli İLahiyat Dergisi 8 (2):174-199.
    The ramifications of modernity and the resultant challenges compelled Ottoman intellectuals and state officials to contemplate matters like as innovation, progress, and change. The pursuit of remedies to eradicate political, military, and economic deficiencies was similarly evident in the legal domain. Ziya Gökalp articulated his perspectives on the origins, societal efficacy, and adaptability of law within the framework of the Turkism movement, presenting several methodologies that redefined the interplay among religion, law, society, and state. The most characteristic method among them (...)
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  23.  8
    In Praise of Wishful Thinking. A Critique of Descriptive/ Explanatory Methodologies of Law.Natalie Stoljar - 2012 - Problema. Anuario de Filosofía y Teoria Del Derecho 1 (6):51-79.
    Scholars have given attention to the question of whether morally-neutral philosophical analysis of the concept ‘law’ is a sustainable project. Less at- tention has been given to whether the methodological approach that relies on morally-neutral description and explanation, rather than on philosophical analysis, is a defensible project. My primary goal in this paper is to argue that although descriptive/explanatory theorizing is a logically possible project, it is not a defensible one. I claim that there is no reason to insulate legal (...)
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  24.  29
    Naturalized Epistemology and the Law of Evidence: Methodological Reflections.Michael S. Pardo - unknown
    This paper discusses Ronald Allen’s article, Naturalized Epistemology and the Law of Evidence Revisited, and reflects on how epistemology can contribute to our understanding of the evidentiary proof process. I first situate Allen’s critique of recent philosophical scholarship, distinguishing between general theoretical accounts of proof (including the theory that Allen and I have defended), on one hand, and the applications of specific epistemological concepts or issues to law, on the other. I then present a methodological picture that diverges in some (...)
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  25.  9
    The Oxford Handbook of Law and Economics, Volume 1: Methodology and Concepts.Francesco Parisi (ed.) - 2017 - Oxford University Press UK.
    The Oxford Handbook of Law and Economics provides a broad overview of numerous current and developing topics in the field of law and economics. With contributions by over one-hundred experts in the field within one work, the volume covers issues ranging from as far as Law and Neuroeconomics to European Union Law and Economics to Feminist Theory and Law and Economics. Its detail and breadth make it an invaluable reference book and contribution to the field.
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  26. How to theorise about the criminal law: thoughts on methodology prompted by Alex Sarch’s Criminally Ignorant.Aness Kim Webster - 2021 - Jurisprudence 12 (2):247-258.
    Alex Sarch’s recent book, Criminally Ignorant: Why the Law Pretends We Know What We Don’t is a wonderfully rich work.1 Sarch provides and defends an explanatorily powerful theory of criminal culpab...
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  27.  15
    Rethinking law as process: creativity, novelty, change.James MacLean - 2012 - New York, NY: Routledge.
    Rethinking Law as Process draws on insights from 'process philosophy' in order to rethink the nature of legal decision-making.
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  28. Law as an Artifact.Luka Burazin, Kenneth Einar Himma & Corrado Roversi (eds.) - 2018 - Oxford, United Kingdom: Oxford University Press.
     
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  29.  1
    Thinking like a critical realist: getting through the portal.Catherine Hastings Karen Sheppard Angela Davenport A. Law School, Sydney Australiab Learning Designer Manager, Brisbane, Australiac Director of Nursing, A. B. U. Rehabilitation, Auckland & New Zealand - forthcoming - Journal of Critical Realism:1-20.
    Critical realism has a reputation for requiring substantial intellectual commitment and time to gain understanding, and being difficult to operationalize as an empirical research methodology. Our paper employs the theoretical framework of ‘threshold concepts’ to explore these issues. We illustrate the five qualities of ‘threshold concepts’ using existing literature by scholars describing their journey of engagement with critical realism. We then apply the framework from three viewpoints. First, we offer the perspective of a budding critical realist scholar who transforms (...)
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  30.  43
    Natural Kinds, Laws of Nature and Scientific Methodology.Peter J. Riggs (ed.) - 1996 - Kluwer Academic Publishers.
    The essays in this volume of the Australasian Studies in History and Philosophy of Science series are devoted to the subjects of natural kinds, scientific ...
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  31.  28
    “Jurisdictional Realization of Law” as Judicium: A Methodological Alternative, Beyond Deductive Application and Finalistic Decision.Ana Margarida Simões Gaudêncio - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (1):133-146.
    The proposed reflection intends to present the problem of judicial adjudication as a substantially-axiologically founded autonomous moment on the practical realization of law, and to explore this understanding in confrontation with external exigencies, mostly teleologically determined—hence, beyond strict deductive application, as a syllogistic reference of facts to norms, and finalistically determined decision, as an option among possible alternatives to achieve specific aims. The main objective is to enter into a discussion on the methodological meaning of “integrity”, “hard cases” and “right (...)
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  32.  12
    Jean Bodin and the sixteenth-century revolution in the methodology of law and history.Julian H. Franklin - 1977 - Westport, Conn.: Greenwood Press.
    Professor Franklin shows how the humanist approach of Jean Bodin and other French jurists of the 16th century led to a break, at least in principle, with the intellectual authority of Roman law and to the attempt to reconstruct juristic science through a comparison and synthesis of all the juridical experience of the most famous states.
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  33. The logic of the law : the analytic foundations of methodology.Neil Komesar - 2017 - In Rob van Gestel, Hans-W. Micklitz & Edward L. Rubin (eds.), Rethinking legal scholarship: a transatlantic dialogue. New York, NY, USA: Cambridge University Press.
     
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  34.  14
    Law and History.A. D. E. Lewis & Michael Lobban (eds.) - 2004 - Oxford University Press on Demand.
    Law and History contains a collection of essays by prominent legal historians, which explore the ways in which history has been used by lawyers past and present to answer legal questions. In common with earlier volumes in the Current Legal Issues series, it seeks both a theoretical and methodological focus. This volume covers a broad range of topics, from a discussion of the nature of norms in the middle ages to the role of war crimes trials in the twentieth century. (...)
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  35.  55
    A methodology for designing systems to reason with legal cases using Abstract Dialectical Frameworks.Latifa Al-Abdulkarim, Katie Atkinson & Trevor Bench-Capon - 2016 - Artificial Intelligence and Law 24 (1):1-49.
    This paper presents a methodology to design and implement programs intended to decide cases, described as sets of factors, according to a theory of a particular domain based on a set of precedent cases relating to that domain. We useDialectical Frameworks, a recent development in AI knowledge representation, as the central feature of our design method. ADFs will play a role akin to that played by Entity–Relationship models in the design of database systems. First, we explain how the factor (...)
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  36.  30
    An account of recent biological methodology: Causal law and transplanar analysis.Heinz Herrmann - 1953 - Philosophy of Science 20 (2):149-156.
    It has been tacitly assumed that certain fundamental “laws” of science have the same meaning and significance in the different scientific disciplines. Outside of quantum physics the law of causality was regarded as such a concept which was most generally applicable in the description of the systems of nature. However, the role of causality in recent research in biology seems not quite clear. There an explanation of the specific properties of biological systems does not assume the form of a simple (...)
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  37.  18
    Aesthetics and Natural Law in Newton's Methodology.Dale Jacquette - 1990 - Journal of the History of Ideas 51 (4):659-666.
  38.  25
    Adjudication in Action: An Ethnomethodology of Law, Morality and Justice.Baudouin Dupret - 2006 - Ashgate.
    Law and morality : constructs and models -- The morality of cognition : the normativity of ordinary reasoning -- Law in action : a praxeological approach to law and justice -- Law in context : legal activity and the institutional context -- Procedural constraint : sequentiality, routine, and formal correctness -- Legal relevance : the production of factuality and legality -- From law in the books to law in action : egyptian criminal law between doctrine, case law, jurisprudence, and practice (...)
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  39. Methodological Naturalism Under Attack.Michael Ruse - 2005 - South African Journal of Philosophy 24 (1):44-60.
    Methodological naturalism is the assumption or working hypothesis that understanding nature (the physical world including humans and their thoughts and actions) can be understood in terms of unguided laws. There is no need to Suppose interventions (miracles) from outside. It does not commit one to metaphysical naturalism, the belief that there is nothing other than nature as we can see and observe it (in other words, that atheism is the right theology for the sound thinker). Recently the Intelligent Design movement (...)
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  40.  3
    From methodology to theory construction: the case of the point of view in legal theory.Tsampika Taralli - 2024 - Australian Journal of Legal Philosophy 49 (2):119-145.
    In this paper, the methodological character of the internal point of view (IPoV) will be examined. That the IPoV is a method of legal philosophy is not disputed. What is disputed is which point of view a theorist needs to occupy in order to successfully theorise about law. However, the choice between different points of view is based on the participant the theory chooses to study. This means that the participant’s viewpoint is not a method of our theory but an (...)
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  41. Laws, symmetry, and symmetry breaking: Invariance, conservation principles, and objectivity.John Earman - 2004 - Philosophy of Science 71 (5):1227--1241.
    Given its importance in modern physics, philosophers of science have paid surprisingly little attention to the subject of symmetries and invariances, and they have largely neglected the subtopic of symmetry breaking. I illustrate how the topic of laws and symmetries brings into fruitful interaction technical issues in physics and mathematics with both methodological issues in philosophy of science, such as the status of laws of physics, and metaphysical issues, such as the nature of objectivity.
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  42.  34
    Law, Economics, and Morality.Eyal Zamir & Barak Medina - 2010 - Oup Usa.
    Law, Economics, and Morality examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models. Economic analysis of law is a powerful analytical methodology. However, as a purely consequentialist approach, which determines the desirability of acts and rules solely by assessing the goodness of their outcomes, standard cost-benefit analysis is normatively objectionable. Moderate deontology prioritizes such values as autonomy, basic liberties, truth-telling, and promise-keeping over the promotion of good (...)
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  43.  8
    Law and legal science: new theoretical approaches.Rüdiger Voigt (ed.) - 1989 - Siegen: HiMoN-Selbstverlag.
  44.  97
    Position and change: a study in law and logic.Lars Lindahl - 1977 - Boston: D. Reidel Pub. Co..
    CHAPTER 1 From Bentham to Kanger I. Introduction In the analytical tradition established by Jeremy Bentham and John Austin, and continued in the twentieth ...
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  45.  21
    The Philosophical Foundations of Law: The Search for a New Methodology.Svetlana A. Khmelevskaya - 2020 - Russian Studies in Philosophy 58 (1):34-43.
    This article analyzes the main trends in the search for new philosophical foundations in Russian philosophy of law, the need for which arose due to the loss of Marxism’s former Soviet-era monopoly...
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  46. Deontic logic in the representation of law: Towards a methodology[REVIEW]Andrew J. I. Jones & Marek Sergot - 1992 - Artificial Intelligence and Law 1 (1):45-64.
    There seems to be no clear consensus in the existing literature about the role of deontic logic in legal knowledge representation — in large part, we argue, because of an apparent misunderstanding of what deontic logic is, and a misplaced preoccupation with the surface formulation of legislative texts. Our aim in this paper is to indicate, first, which aspects of legal reasoning are addressed by deontic logic, and then to sketch out the beginnings of a methodology for its use (...)
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  47.  10
    Ptolemy's search for a law of refraction: A case-study in the classical methodology of “saving the appearances” and its limitations.A. Mark Smith - 1982 - Archive for History of Exact Sciences 26 (3):221-240.
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  48.  14
    The Methodology of Empirical Macroeconomics.Kevin D. Hoover - 2001 - Cambridge University Press.
    The Methodology of Empirical Macroeconomics stakes out a pragmatic middle-ground between traditional, prescriptive economic methodology and recent descriptive methodology. The former is sometimes seen as arrogantly telling economists how to do their work and the latter as irrelevant to their practice. The lectures are built around a case study of a concrete example of macroeconomic analysis. They demonstrate that economic methodology and the philosophy of science offer insights that help to resolve the genuine concerns of macroeconomists. (...)
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  49.  58
    International Law and Theories of Global Justice.Steven Ratner, David Luban, Carmen Pavel, Jiewuh Song & James Stewart - unknown
    International law informs, and is informed by, concerns for global justice. Yet the two fields that engage most with prescribing the normative structure of the world order – international law and the philosophy of global justice – have tended to work on parallel tracks. Many international lawyers, with their commitment to formal sources, regard considerations of substantive (and not merely procedural) justice as ultra vires for much of their work. Philosophers of global justice, in turn, tend to explore the moral (...)
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  50.  48
    Overcoming law.Richard A. Posner (ed.) - 1995 - Cambridge: Harvard University Press.
    Throughout, the book is unified by Posner's distinctive stance, which is pragmatist in philosophy, economic in methodology, and liberal (in the sense of John ...
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