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Jurisprudence Commons™

Open Access. Powered by Scholars. Published by Universities.®

Selected Works

2015

Law

Selected Works

Articles 1 - 7 of 7

Full-Text Articles in Jurisprudence

What Is Positive Law, Philippe Nonet Dec 2015

What Is Positive Law, Philippe Nonet

Philippe Nonet

No abstract provided.

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Not A System But An Order: Explaining The Legality Of The European Union, Michael Giudice, Keith Culver, Wil Waluchow, François Tanguay-Renaud Oct 2015

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.

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Ruth Bader Ginsburg's Jurisprudence Of Opportunity And Equality, Deborah Jones Merritt, David M. Lieberman Jul 2015

Ruth Bader Ginsburg's Jurisprudence Of Opportunity And Equality, Deborah Jones Merritt, David M. Lieberman

David Lieberman

No abstract provided.

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Remaking Law: Moving Beyond Enlightenment Jurisprudence, John A. Powell, Stephen M. Menendian Mar 2015

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.

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Between Selves And Collectivities: Toward A Jurisprudence Of Identity, Meir Dan-Cohen Mar 2015

Between Selves And Collectivities: Toward A Jurisprudence Of Identity, Meir Dan-Cohen

Meir Dan-Cohen

No abstract provided.

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Rudolf Kjellén: Nordic Biopolitics Before The Welfare State, Markus Gunneflo Dec 2014

Rudolf Kjellén: Nordic Biopolitics Before The Welfare State, Markus Gunneflo

Markus Gunneflo

This article aims to contribute to the history of biopolitical thought through a more accurate understanding of the Swedish professor of political science Rudolf Kjellén considered both in his historical and political context. Kjellén coined the term ‘biopolitics’, as early as 1905, in a two-volume work entitled The Great Powers, and developed it even further in a 1916 book entitled The State as a Form of Life. Because of the organicist analogies deployed by Kjellén, his biopolitical theory of the state is considered as a form of ‘vitalism’ or ‘organicism’ in the contemporary literature on biopolitics. Based on a close …

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Political Community In Carl Schmitt's International Legal Thinking, Markus Gunneflo Dec 2014

Political Community In Carl Schmitt's International Legal Thinking, Markus Gunneflo

Markus Gunneflo

A distinctive feature of Carl Schmitt’s legal thinking is the pivotal role that he grants political community. Against the background of Schmitt’s particular conception of political community and the importance placed on its protection in a domestic law setting; this text highlights the imperative role of political community in Schmitt’s thinking on questions of international law. By consistently relating Schmitt’s work on international law to his own time but also stretching it into our own, the text argues that while Schmitt’s insistence on political community may come across as parochial in present times of globalization, increasing traction of various universalisms …

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