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Legal Theory

Modern Theology and Contemporary Legal Theory: A Tale of Ideological Collapse

Modern Theology and Contemporary Legal Theory: A Tale of Ideological Collapse

... Montgomery, John Warwick (2008) "Modern Theology and Contemporary Legal Theory: A Tale of Ideological Collapse," Liberty University Law Review: VolI. Available at: https://digi[r] ...

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Margaret Davies: Law Unlimited: Materialism, Pluralism, and Legal Theory

Margaret Davies: Law Unlimited: Materialism, Pluralism, and Legal Theory

... socio-legal theory or critical theory, observing that, to her, the distinction had never been a terribly solid one and that she has ‘always found it difficult to maintain a clear sense of distinct ...

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H L A  Hart and the Hermeneutic Turn in Legal Theory

H L A Hart and the Hermeneutic Turn in Legal Theory

... H L A Hart and the Hermeneutic Turn in Legal Theory SMU Law Review Volume 52 | Issue 1 Article 17 1999 H L A Hart and the Hermeneutic Turn in Legal Theory Brian Bix Follow this and additional works at[.] ...

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The Allocation of Limited Rights by the Administration: Developing a General Legal Theory by Comparison

The Allocation of Limited Rights by the Administration: Developing a General Legal Theory by Comparison

... Th is book is the result of a Europe-wide exploration of building blocks for a consistent and general legal theory on the allocation of limited rights by administrative authorities. Th e idea of an ...

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A Personal Journey through Feminist Legal Theory

A Personal Journey through Feminist Legal Theory

... In the third part, I explain why women in the generation currently entering the legal profession need to be aware of feminist legal theory and what role we can play [r] ...

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Non-State Actors in the Middle East: A Challenge for Rationalist Legal Theory

Non-State Actors in the Middle East: A Challenge for Rationalist Legal Theory

... assessment of rationalism's applicability to the Middle East, Goldsmith and Posner are representative in that rationalist legal theory, in all its diversity, posits states [r] ...

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Should the Law Reflect the World?: Lessons for Legal Theory from Quantum Mechanics

Should the Law Reflect the World?: Lessons for Legal Theory from Quantum Mechanics

... This Article will proceed by briefly discussing some of the elements or interpretations of quantum mechanics that seem most richly sug- gestive for legal theory. In pa[r] ...

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Legal Theory and the Variety of Legal Cultures

Legal Theory and the Variety of Legal Cultures

... This brand of legal positivism is therefore much more prescriptive about the role of courts than is the first. Judges must confine themselves to looking for existing law to apply to fresh cases, and if the code or ...

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Reasons for the Construction of a Legal Theory of Social Rights as Fundamental Rights

Reasons for the Construction of a Legal Theory of Social Rights as Fundamental Rights

... and bound subject are precise– and fictitious rights 30 –whose content and bound subject are not precise–. (iv) The Constitution does not usually set the precise “content” of fundamental rights, so the accuracy of its ...

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Conflict of law and the methodology of Tarjīẖ : a study in Islamic legal theory

Conflict of law and the methodology of Tarjīẖ : a study in Islamic legal theory

... Source Methodology Isiamt, in Usul ai al-Figh al-`Alwani, English edition by Yusuf Talal De Lorenzo Islamic Jurisprudence, Institute Islamic International S.. Toward a Proper Reading of [r] ...

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No History, No Certainty, No Legitimacy . . . No Problem: Originalism and the Limits of Legal Theory

No History, No Certainty, No Legitimacy . . . No Problem: Originalism and the Limits of Legal Theory

... his theory is structured to minimize those vices by encouraging judges to be open about their normative premises and to formulate those premises into doctrine at a sufficient level of generality to prevent their ...

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Child Abuse Intervention: Conflicts in Current Practice and Legal Theory

Child Abuse Intervention: Conflicts in Current Practice and Legal Theory

... By eliminating state coerciveness in many salient cases, the Standards push evaluation and treatment formulation back to the least visible and least accountable sector of child protectio[r] ...

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Vanderbilt University Law School Public Law and Legal Theory

Vanderbilt University Law School Public Law and Legal Theory

... political theory, recognized that legislatures, like citizens, sometimes harbor and act on irrational prejudices; it is the judiciary’s task to root out those illegitimate motives and protect the victims of ...

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Administrative Law in the 1930s: The Supreme Court's Accommodation of Progressive Legal Theory

Administrative Law in the 1930s: The Supreme Court's Accommodation of Progressive Legal Theory

... In the first decades of the twentieth century, Progressive politicians and legal theorists advocated the creation and then the expansion of administrative agencies. These agencies, they argued, could address ...

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From the Right to Economic Self-Determination to the Rights to Development: A Crisis in Legal Theory

From the Right to Economic Self-Determination to the Rights to Development: A Crisis in Legal Theory

... The concept of economic self-determination has its roots in a Western tradition of legal voluntarism which cannot open the way out to either national or international economic o[r] ...

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Reflections after Teaching Anglo-American Legal Theory

Reflections after Teaching Anglo-American Legal Theory

... These theories demonstrate visible utility when and if, for example, they (1) impart direction, clarity and understanding to immediate participants in legal processes, inc[r] ...

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Law and Politics: Montesquieu and the 4 Schools of Legal Theory

Law and Politics: Montesquieu and the 4 Schools of Legal Theory

... —the theory of separation of political powers—is essential in the analysis of all constitutions and constitutional reforms ...great legal philosophies—or schools of jurisprudence—is there a balanced view of ...

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Feminist Legal Theory: A Liberal Response

Feminist Legal Theory: A Liberal Response

... None of this counts as a form of discrimination under the cur- rent difference approach to gender discrimination." That approach asks only whether men and women [r] ...

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A Legal Theory of Collective Security

A Legal Theory of Collective Security

... Further, they assumed that international cooperation would be of sufficient mea- sure for the organization to provide security for the international com- munity as a [r] ...

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