Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal History (8)
- Arts and Humanities (7)
- Social and Behavioral Sciences (6)
- Constitutional Law (5)
- International Law (4)
-
- Philosophy (4)
- Law and Politics (3)
- Public Law and Legal Theory (3)
- Rule of Law (3)
- Civil Rights and Discrimination (2)
- English Language and Literature (2)
- European Law (2)
- History (2)
- Human Rights Law (2)
- Judges (2)
- Law and Society (2)
- Political History (2)
- Political Science (2)
- Political Theory (2)
- Public Affairs, Public Policy and Public Administration (2)
- Sociology (2)
- Transnational Law (2)
- American Literature (1)
- American Studies (1)
- Art Practice (1)
- Civil Law (1)
- Comparative Literature (1)
- Comparative and Foreign Law (1)
- Publication
- File Type
Articles 1 - 21 of 21
Full-Text Articles in Jurisprudence
Legal Research And Legal Concepts: Where Form Molds Substance, Robert C. Berring
Legal Research And Legal Concepts: Where Form Molds Substance, Robert C. Berring
Robert Berring
Explores the impact of technological innovations in legal research. Information on the earliest forms of modern legal research materials; Details on the legal literature; Current situation in the field of legal research.
What Is Positive Law, Philippe Nonet
Not A System But An Order: Explaining The Legality Of The European Union, Michael Giudice, Keith Culver, Wil Waluchow, François Tanguay-Renaud
Not A System But An Order: Explaining The Legality Of The European Union, Michael Giudice, Keith Culver, Wil Waluchow, François Tanguay-Renaud
François Tanguay-Renaud
Keith Culver, Professor, UniverSud, and Micheal Guidice, Associate Professor of Philosophy, York University, explore the foundations of the legal system of the European Union.
Respondent: Wil Waluchow, McMaster University.
Ruth Bader Ginsburg's Jurisprudence Of Opportunity And Equality, Deborah Jones Merritt, David M. Lieberman
Ruth Bader Ginsburg's Jurisprudence Of Opportunity And Equality, Deborah Jones Merritt, David M. Lieberman
David Lieberman
No abstract provided.
Remaking Law: Moving Beyond Enlightenment Jurisprudence, John A. Powell, Stephen M. Menendian
Remaking Law: Moving Beyond Enlightenment Jurisprudence, John A. Powell, Stephen M. Menendian
john a. powell
The article explores the nature of law based on enlightenment concepts and contemporary jurisprudence. It examines the assumptions that can affect the process of enlightenment. Moreover, the article demonstrates the religious and cultural crisis affecting Western Europe in early seventeenth century which caused the epistemological crisis.
Between Selves And Collectivities: Toward A Jurisprudence Of Identity, Meir Dan-Cohen
Between Selves And Collectivities: Toward A Jurisprudence Of Identity, Meir Dan-Cohen
Meir Dan-Cohen
No abstract provided.
Rudolf Kjellén: Nordic Biopolitics Before The Welfare State, Markus Gunneflo
Rudolf Kjellén: Nordic Biopolitics Before The Welfare State, Markus Gunneflo
Markus Gunneflo
Political Community In Carl Schmitt's International Legal Thinking, Markus Gunneflo
Political Community In Carl Schmitt's International Legal Thinking, Markus Gunneflo
Markus Gunneflo
The Shadows Behind The Law: An Overview Of The Legal System In Ghana, Prince Opoku Agyemang
The Shadows Behind The Law: An Overview Of The Legal System In Ghana, Prince Opoku Agyemang
Prince Opoku Agyemang
Justice Scalia's Jurisprudence, Megim A. Parks
Justice Scalia's Jurisprudence, Megim A. Parks
Megim A Parks
This paper analyzes Justice Scalia's decisions and reasonings as to affirmative action, examining closely his rulings regarding what he calls "disparate-impact" discrimination versus "unintentional" discrimination, focusing on cases wherein affirmative action was either questioned or considered.
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
David Ingram
It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …
Eating Peas With One’S Fingers: A Semiotic Approach To Law And Social Norms, Bryan H. Druzin
Eating Peas With One’S Fingers: A Semiotic Approach To Law And Social Norms, Bryan H. Druzin
Bryan H. Druzin
From Natural Law To Natural Inferiority: The Construction Of Racist Jurisprudence In Early Virginia, Allen P. Mendenhall
From Natural Law To Natural Inferiority: The Construction Of Racist Jurisprudence In Early Virginia, Allen P. Mendenhall
Allen Mendenhall
Science informed American jurisprudence during the age of the Revolution. Colonials used science and naturalism to navigate the wilderness, define themselves against the British, and forge a new national identity and constitutional order. American legal historians have long noted the influence of science upon the Founding generation, and historians of American slavery have casually noted the influence of science upon early American racism as organized and standardized in slave codes. This article seeks to synthesize the work of American legal historians and historians of American slavery by showing how natural law jurisprudence, anchored in scientific discourse and vocabulary, brought about …
"Law's Outsiders": An Interview With Alex Sharpe, Linnéa Wegerstad, Niklas Selberg
"Law's Outsiders": An Interview With Alex Sharpe, Linnéa Wegerstad, Niklas Selberg
Linnéa Wegerstad
In May 2012 Alex Sharpe, Professor of Law at Keele University, UK, visited Lund University where she participated in a series of seminars and workshops organised around a central motif in her work: the legal outsider. As part of her visit she presented a version of a paper recently published in the Modern Law Review titled “Transgender Marriage and the Legal Obligation to Disclose Gender History.” The paper focused on and challenged the legal and wider cultural framing of non-disclosure of gender history as harmful and as unethical. The paper is her latest intervention and forms part of a substantial …
"Law's Outsiders": An Interview With Alex Sharpe, Linnéa Wegerstad, Niklas Selberg
"Law's Outsiders": An Interview With Alex Sharpe, Linnéa Wegerstad, Niklas Selberg
Niklas Selberg
In May 2012 Alex Sharpe, Professor of Law at Keele University, UK, visited Lund University where she participated in a series of seminars and workshops organised around a central motif in her work: the legal outsider. As part of her visit she presented a version of a paper recently published in the Modern Law Review titled “Transgender Marriage and the Legal Obligation to Disclose Gender History.” The paper focused on and challenged the legal and wider cultural framing of non-disclosure of gender history as harmful and as unethical. The paper is her latest intervention and forms part of a substantial …
Holmes And Dissent, Allen P. Mendenhall
Holmes And Dissent, Allen P. Mendenhall
Allen Mendenhall
Holmes saw the dissent as a mechanism to advance and preserve arguments and as a pageant for wordplay. Dissents, for Holmes, occupied an interstitial space between law and non-law. The thought and theory of pragmatism allowed him to recreate the dissent as a stage for performative text, a place where signs and syntax could mimic the environment of the particular time and place and in so doing become, or strive to become, law. Holmes’s dissents were sites of aesthetic adaptation. The language of his dissents was acrobatic. It acted and reacted and called attention to itself. The more provocative and …
Epilogue, Mary E. Hiscock, William Van Caenegem
Epilogue, Mary E. Hiscock, William Van Caenegem
Mary Hiscock
Two events were selected by the faculty of law at Bond University to celebrate its twentieth birthday. The first in time was a Symposium on Internationalisation of Law in June 2009, and the second was an invitation to the last Law Man of the Wardaman People, an indigenous clan, to visit the Law School as Artist-in-Residence in September 2009 to depict his Law in a painting, and to explain its significance to the academic and the wider community. The painting will then remain at the Law School.
'Mass Of Madness': Jurisprudence In E.M. Forster's A Passage To India, Allen P. Mendenhall
'Mass Of Madness': Jurisprudence In E.M. Forster's A Passage To India, Allen P. Mendenhall
Allen Mendenhall
Law-and-literature scholars have paid scant attention to E. M. Forster’s oeuvre, which abounds in legal information and which situates itself in a unique jurisprudential context. Of all his novels, A Passage to India (1924) interrogates the law most rigorously, especially as it implicates massive programs of ‘liberal’ imperialism and ‘humanitarian’ intervention, as well as less grand but equally dubious legal apparatuses – jail, bail, discovery, courtrooms – that police and pervert Chandrapore, the fictional Indian city in which the novel is set. The study of law in Anglo-India is particularly telling, if troubling, because India served as ‘a model for …
Instituições, Trabalho E Pessoas, Paulo Ferreira Da Cunha
Instituições, Trabalho E Pessoas, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Os especialistas em doenças terminais sabem que ninguém tem saudades, quando abandona a vida, do trabalho que não fez. Tem saudades sim do tempo que não passou com familiares e amigos. A sociedade contemporânea, e algumas instituições "totais" estão a potenciar até ao expoente demencial a exploração e a despersonalização dos trabalhadores, designadamente proletarizando técnicos superiores e técnicos pensantes que, sem ócio criativo, deixarão de criar. É uma crise civilizacional, nada menos.
Gunneflo - Demokrati Och Lagprövning: Om Rättfärdigandet Av En Positiv Respektive Negativ Inställning Till Lagprövning [Democracy And Judicial Review: On The Justicfication Of A Positive And A Negative Attitude To Judicial Review In A Democracy], Markus Gunneflo
Markus Gunneflo
Law, Justice, And Power: Between Reason And Will (Stanford University Press), Sinkwan Cheng
Law, Justice, And Power: Between Reason And Will (Stanford University Press), Sinkwan Cheng
Sinkwan Cheng
This is an unprecedented volume that brings together J. Hillis Miller, Julia Kristeva, Slavoj Zizek, Ernesto Laclau, Alain Badiou, Nancy Fraser, and other prominent intellectuals from five countries in seven disciplines to provide fresh perspectives on the new configurations of law, justice, and power in the global age. The work engages and challenges past and present scholarship on current topics in legal studies: globalization, post-colonialism, multiculturalism, ethics, post-structuralism, and psychoanalysis. The book is divided into five parts. The first debates issues of (trans-)national justice and human rights in the global age, focusing on military interventions and refugee policies. Part II …