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Keywords: jurisprudence
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Journal Article
Taking the legal perspective seriously
Angelo Ryu and Trenton Sewell
in
Analysis
Analysis, anae037, https://doi.org/10.1093/analys/anae037
Published: 01 February 2025
... reveals an important lesson: those who endorse perspectivalism must take care to ensure that all parts of a legal argument, both premisses and conclusions, are true according to the legal perspective. perspectivalism fictionalism jurisprudence legal obligation 1. Adam Perry (2023) rejects...
Journal Article
EDITOR'S CHOICE
Interactional Ordering: Reconstructing Lon Fuller’s Theory of Private Law
Shyamkrishna Balganesh
The American Journal of Jurisprudence, Volume 69, Issue 3, December 2024, Pages 217–240, https://doi.org/10.1093/ajj/auae020
Published: 08 January 2025
... of the Oxford University Press, Standard Journals Publication Model ( https://dbpia.nl.go.kr/pages/standard-publication-reuse-rights ) Abstract While Lon Fuller is best remembered for his contributions to the fields of general jurisprudence and contract law, his work in each has long been seen as unrelated...
Journal Article
The times, are they changing? Examining platform companies' chameleonic labour process as a response to the Spanish Ley Rider
Tiago Vieira and Pedro Mendonça
Socio-Economic Review, mwae066, https://doi.org/10.1093/ser/mwae066
Published: 01 November 2024
... markets J53 labour–management relations industrial jurisprudence Fundação para a Ciência e Tecnologia I.P. SFRH/BD/151412/2021 European University Institute Mission Funding In May 2021, the Spanish Congress passed a bill ruling that delivery gig workers are to be classified as employees...
Journal Article
Revisiting MSS v. Belgium and Greece and Interim Measures before the European Court of Human Rights
Victoria Oluwatobi Isa Daniel and Brid Ní Ghráinne
Refugee Survey Quarterly, Volume 43, Issue 2, June 2024, Pages 127–143, https://doi.org/10.1093/rsq/hdae001
Published: 05 September 2024
... Rewriting Jurisprudence Detention The Dublin Regulation aimed to ensure access to state determination and distribute responsibility among EU states, but it has been criticised for being ineffective and inefficient as the “poor implementation [of the regulation] places a disproportionate responsibility...
Journal Article
In Defense of the Common Good
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N W Barber
The American Journal of Jurisprudence, Volume 69, Issue 1, June 2024, Pages 3–14, https://doi.org/10.1093/ajj/auae009
Published: 02 August 2024
... an issue runs the risk of error, and may produce morally significant side-effects by coercively limiting people’s options. Secondly, morality speaks to the institutional process by which decisions are produced as well as their substance: the way we decide is important. Common Good General Jurisprudence...
Journal Article
Ecology, Jurisprudence, and Private International Law
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Guilherme Vasconcelos Vilaça
Oxford Journal of Legal Studies, Volume 44, Issue 4, Winter 2024, Pages 1002–1022, https://doi.org/10.1093/ojls/gqae024
Published: 18 July 2024
...Guilherme Vasconcelos Vilaça ecology genealogy legality Levinas jurisprudence private international law ‘But the cranes do not question the intent of glaciers, emperors, or pioneers.’ Aldo Leopold In her new book, The Law’s Ultimate Frontier: Towards an Ecological Jurisprudence—A Global...
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Impact of a new state law and electronic health record prompt on naloxone prescribing in an academic medical center
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Anna Dugovich and others
American Journal of Health-System Pharmacy, Volume 81, Issue Supplement_5, 1 December 2024, Pages S189–S196, https://doi.org/10.1093/ajhp/zxae199
Published: 17 July 2024
..., interquartile range. clinical decision support systems drug and narcotic control legislation and jurisprudence harm reduction naloxone opiate overdose Opioid overdoses are a significant concern in the US, and the number of opioid-related deaths has continued to rise since 2001. 1 Synthetic...
Journal Article
The Pluralities of Property
Luke Rostill
Oxford Journal of Legal Studies, Volume 44, Issue 3, Autumn 2024, Pages 733–754, https://doi.org/10.1093/ojls/gqae012
Published: 19 April 2024
...—that to understand property it is necessary to understand its justification. Along the way, I trace how Penner’s account has evolved and explain how certain alterations have put some problems to bed while generating others. property property rights rights legal philosophy jurisprudence ‘It is more plausible...
Journal Article
Discrimination as a Public Wrong
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Adi Goldiner
Oxford Journal of Legal Studies, Volume 44, Issue 3, Autumn 2024, Pages 509–534, https://doi.org/10.1093/ojls/gqae011
Published: 15 April 2024
... wanting. Instead, it argues that public enforcement in this domain is warranted because discrimination is not only a private wrong against individuals, but is also a public wrong, namely a wrong against the community as a whole. discrimination equality commissions public wrong special jurisprudence...
Journal Article
Why Religious Freedom is a Human Right
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Daniel Philpott
The American Journal of Jurisprudence, Volume 68, Issue 3, December 2023, Pages 177–194, https://doi.org/10.1093/ajj/auae003
Published: 18 March 2024
... is religion’s interiority, that is, its critical involvement of will, mind, and heart. Religious freedom Rights Practical Reason Jurisprudence Does religious freedom merit its place in international law and the constitutions of sovereign states? Skeptics have pressed this question repeatedly and pointedly...
Journal Article
Fuentes normativas y desarrollo jurisprudencial del derecho humano al agua en América LatinaNormative sources and jurisprudential development of the human right to water in Latin America
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Rodrigo Castillo Jofré and others
International Journal of Constitutional Law, Volume 21, Issue 5, December 2023, Pages 1559–1588, https://doi.org/10.1093/icon/moad087
Published: 24 November 2023
... y particulares en la gestión del agua, y las herramientas judiciales de tutela de derechos fundamentales como forma de procesar los conflictos en torno al acceso al agua. human right to water jurisprudence Latin America legal sources América Latina derecho humano al agua fuentes normativas...
Journal Article
Theorising Evidence Law
Paul Roberts
Oxford Journal of Legal Studies, Volume 43, Issue 3, Autumn 2023, Pages 629–649, https://doi.org/10.1093/ojls/gqad007
Published: 24 April 2023
... of evidence is limited to how strongly the evidence supports the hypothesis … To speak on the likelihood ratio and be silent on the posterior probability’. 36 Accepting (as one should) that Bayesianism is logically sound, practical jurisprudence is always mediated by institutional...
Journal Article
Law as Peace (Or Why I Am Still a Hard-Core Positivist)
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Christoph Kletzer
The American Journal of Jurisprudence, Volume 67, Issue 2, December 2022, Pages 223–245, https://doi.org/10.1093/ajj/auac011
Published: 22 November 2022
... as peace, which is more resistant to the contortions and ultimate self-abandonment that ensues from the alignment of positivism with natural law theory. Positivism John Finnis General Jurisprudence Natural Law The retreat to the claim that friendship is merely working as a model or analogy is thus...
Journal Article
Areas of Law: Three Questions in Special Jurisprudence
Tarunabh Khaitan and Sandy Steel
Oxford Journal of Legal Studies, Volume 43, Issue 1, Spring 2023, Pages 76–96, https://doi.org/10.1093/ojls/gqac025
Published: 26 October 2022
..., and reproduction in any medium, provided the original work is properly cited. Abstract This article addresses three fundamental questions about a key phenomenon in special jurisprudence, ‘areas of law’: (i) what is an area of law; (ii) what are the consequences of dividing law into distinct areas; and (iii) what...
Journal Article
Friendship as the Primary Purpose of Law
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Michael P Moreland
The American Journal of Jurisprudence, Volume 67, Issue 2, December 2022, Pages 279–292, https://doi.org/10.1093/ajj/auac012
Published: 25 October 2022
... for discourse, friendship as an especially important illustration of the central case, the relationship between friendship and the common good, and the place of civic friendship in a political community. The essay concludes with a discussion of friendship with God. John Finnis Friendship General Jurisprudence...
Journal Article
Law, Coercion and Folk Intuitions
Lucas Miotto and others
Oxford Journal of Legal Studies, Volume 43, Issue 1, Spring 2023, Pages 97–123, https://doi.org/10.1093/ojls/gqac014
Published: 10 October 2022
... philosophers have long debated whether legal systems are necessarily coercive or only contingently so. Up until recently, the almost consensual view in anglophone analytical jurisprudence has been that legal systems are contingently coercive: despite our legal systems being coercive...
Journal Article
The Perils of Progressive Jurisprudence: The Nullum Crimen Sine Lege Principle in International Criminal Law
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Payam Akhavan
Current Legal Problems, Volume 75, Issue 1, 2022, Pages 45–70, https://doi.org/10.1093/clp/cuac002
Published: 27 September 2022
...Payam Akhavan Given the object and purpose of human rights treaties, this broad teleological approach became a leitmotif in the subsequent jurisprudence of international courts and tribunals. In Soering v United Kingdom for instance, the European Court of Human Rights (ECtHR...
Journal Article
Michele Rotunda, A Drunkard’s Defense: Alcohol, Murder, and Medical Jurisprudence in Nineteenth-Century America
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David Korostyshevsky
Journal of the History of Medicine and Allied Sciences, Volume 77, Issue 4, October 2022, Pages 482–484, https://doi.org/10.1093/jhmas/jrac031
Published: 28 June 2022
..., Rotunda shows how alcohol and intoxication were fundamentally embedded within the medical jurisprudence of insanity in ways that profoundly altered the outcomes of murder trials. Even as nineteenth-century Americans struggled to define intoxication, insanity, and the relationship between the two...
Journal Article
The Normativity of Law: Has the Dispositional Model Solved our Problem?
Andreas Vassiliou
Oxford Journal of Legal Studies, Volume 42, Issue 3, Autumn 2022, Pages 943–962, https://doi.org/10.1093/ojls/gqac012
Published: 23 June 2022
... of law remains. normativity practical reasoning legal theory jurisprudence legal philosophy Raz Let me tell you something you probably already know: most articles with a yes/no question in their title give a negative answer. This paper is no exception. In Legal Directives and Practical...
Journal Article
Less Incorrect Ways of Doing Jurisprudence
Raffael N Fasel
The American Journal of Jurisprudence, Volume 67, Issue 1, June 2022, Pages 83–117, https://doi.org/10.1093/ajj/auac004
Published: 04 May 2022
...Raffael N Fasel What exactly is IELT and why does Dickson argue that it is “the correct methodological approach” 13 for jurisprudes to adopt? IELT is Dickson’s answer to one of the questions that has attracted considerable attention in methodological debates: do theorists...
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