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Keywords: jurisprudence
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Contesting Governance: Authority, Protest, and Rights Talk in Postrepublican Iran
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Arzoo Osanloo
Published: 09 January 2013
... readings and sources of Shi'i Islamic jurisprudence to form a juridico-legal authority was one of the most important influences of the state formation of Islamic Republic, which continued to form after thirty years. The productive effects of the Islamic Republic disputed the paths of thinking about...
Chapter
Published: 18 June 2007
...This introductory chapter discusses the meaning of a jurisprudence of catastrophe. It argues that while the relationship between law and other limit conditions—such as states of emergency—has been the subject of a rich and growing literature, little has been written about law...
Chapter
Social Rules
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Neil MacCormick
Published: 05 May 2008
... as a special type of social rules, makes a distinctive, original, and valuable contribution to jurisprudence. Austin J L habit hermeneutic approach adjudication Idea of a Social Science Winch imperatives linguistic analysis Weber Max Winch Peter Wittgenstein Ludwig Finnis John Lacey Nicola Max Weber...
Chapter
Jurisprudential Sociology
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Martin Krygier
Published: 23 May 2012
... 160 Institutionalization of the common good Jurisprudence Anglo American Nature society and Organizations and institutions autonomy of “Sociology of Law” Selznick Values centrality in Selznick's thought Aristotle Culture distinguished from character Fuller Lon Human nature Aristotle's...
Book
Law without Nations
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Austin Sarat (ed.) and others
Published online: 20 June 2013
Published in print: 10 December 2010
... and understandings of national identity, and the intersections of identity and law based on the liberal tradition of jurisprudence and transnational influences. Ultimately, this book offers sharp analyses of the fraught relationship between the nation and the state—and the legal forms and practices that they require...
Chapter
Law and Justice
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Philip Selznick
Published: 08 August 2008
...This chapter examines the social science of law and justice, noting that jurisprudence studies the sources of law and the variable authority of legal precepts. It considers the rule of law, legal orders, law in action, and natural law. Legal orders are seen as integral, many-faceted parts...
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Piracy in Ottoman Islamic Jurisprudence
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Joshua M. White
Published: 28 November 2017
... alarming ways. Showing how secular, interstate, and Islamic law were harmonized through fetvas, the chapter lays the groundwork for the subsequent analysis of the convergence of theory and practice in Ottoman courts. Cyprus Enemy infidels Fetva Islamic legal opinion Islamic jurisprudence Mufti Şeriat...
Chapter
Hart's Conception of Law
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Neil MacCormick
Published: 05 May 2008
...H. L. A. Hart's jurisprudence is detailed in his book, The Concept of Law . This book describes a legal system as a system of social rules that belong to a general class encompassing other types of rule such as rules of morality and rules of manners and etiquette. Social rules...
Chapter
Epilogue
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Neil MacCormick
Published: 05 May 2008
..., and comments on Ronald Dworkin's critique of the methods used and the conclusions reached by Hart's jurisprudence, along with Hart's final response to this in his own Postscript . After discussing Hart's theory on legal reasoning and the theory of adjudication, the chapter concludes...
Book
H.L.A. Hart, Second Edition
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Neil MacCormick
Published online: 20 June 2013
Published in print: 05 May 2008
...This substantially revised second edition delivers an introduction to the life and works of H. L. A. Hart, noted Professor of Jurisprudence at the University of Oxford from 1952 to 1968. Hart established a worldwide reputation through his powerful philosophical arguments and writings in favor...
Chapter
Legal Theory as a Discipline and the Trouble with Pluralism
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Mariano Croce and Marco Goldoni
Published: 25 August 2020
... semiautonomous substate bodies state substate bodies systems theory Europe jurisprudence jurisprudential point of view juristic point of view knowledge legal legality state as source of legal knowledge legal theory legal theory as discipline specialization German theory Hauriou Maurice legal...
Book
The Legacy of Pluralism: The Continental Jurisprudence of Santi Romano, Carl Schmitt, and Costantino Mortati
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Mariano Croce and Marco Goldoni
Published online: 21 January 2021
Published in print: 25 August 2020
Chapter
Catastrophe: Plowing Up the Ground of Reason
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Linda Ross Meyer
Published: 18 June 2007
... jurisprudence, law came to expand its jurisdictional ambit: Catastrophe was no longer seen as beyond the law's power of control but as a challenge to it—a challenge that demanded a legal response. This jurisdictional shift left neither law nor catastrophe intact. catastrophe Business Humanitarian Forum BHF...
Chapter
Introduction to the Second Edition
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Neil MacCormick
Published: 05 May 2008
...This book examines the ideas of H. L. A. Hart, a legal philosopher who transformed the study of jurisprudence and had a great influence on both the practice and theory of law. Hart's arguments, writings, personal standing, and eminence played a major role in the liberalization of law in the United...
Chapter
Hart: Moral Critic and Analytical Jurist
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Neil MacCormick
Published: 05 May 2008
...The objective of jurisprudence is to achieve a systematic and general understanding of law. Law aims to organize and order human communities, as well as protect and regulate human beings as members of communities. Theoretical study of this business of law may overlap with and draw from political...
Chapter
Conflict of Laws and the Legal Negotiation of Difference
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Paul Schiff Berman
Published: 06 July 2010
... modes of adjudication make little sense between sovereign states and that negotiating with strangers in a globalized world requires the use of some concepts from conflict of laws jurisprudence (for example, choice of law, jurisdiction, and judgment recognition). Finally, the chapter considers a state...