SettingsPhilosophy of law
A Failure of Capitalism
A Failure of Capitalism (more fully entitled A Failure of Capitalism: The Crisis of '08 and the Descent into Depression) is a major 2009 nonfiction book by Judge Richard Posner, th...
A Failure of Capitalism (more fully entitled A Failure of Capitalism: The Crisis of '08 and the Descent into Depression) is a major 2009 nonfiction book by Judge Richard Posner, th...
A Theory of Judicial Norms
A Theory of Judicial Norms (Teoria della Norma Giuridica) is a book of the italian jurist Norberto Bobbio about one of the ontological elements of foundations of law — the juri...
A Theory of Judicial Norms (Teoria della Norma Giuridica) is a book of the italian jurist Norberto Bobbio about one of the ontological elements of foundations of law — the juri...
A Theory of Legal Order
A Theory of Legal Order (Teoria dell'Ordinamento Giuridico) is a book of the Italian jurist Norberto Bobbio about one of the ontological elements of foundations of law — the ju...
A Theory of Legal Order (Teoria dell'Ordinamento Giuridico) is a book of the Italian jurist Norberto Bobbio about one of the ontological elements of foundations of law — the ju...
Aggressive legalism
In the context of globalization and the subsequent proliferation of free trade agreements, legal scholars generally refer to the political strategy used by a sovereign state to leverage a trade agree...
In the context of globalization and the subsequent proliferation of free trade agreements, legal scholars generally refer to the political strategy used by a sovereign state to leverage a trade agree...
American Society for Political and Legal Philosophy
The American Society for Political and Legal Philosophy, or ASPLP, is a learned society founded in 1955 by political theorist Carl Friedrich.
The American Society for Political and Legal Philosophy, or ASPLP, is a learned society founded in 1955 by political theorist Carl Friedrich.
Anarchist law
Anarchist law refers to a series of ongoing debates within the various branches of anarchist theory regarding if and how norms of individual and/or collective behavior, decision-making and actio...
Anarchist law refers to a series of ongoing debates within the various branches of anarchist theory regarding if and how norms of individual and/or collective behavior, decision-making and actio...
Archiv für Rechts- und Sozialphilosophie
Archiv für Rechts- und Sozialphilosophie (English: Archives for Philosophy of Law and Social Philosophy) is a peer-reviewed academic journal of philosophy, publishing in German and English.
Archiv für Rechts- und Sozialphilosophie (English: Archives for Philosophy of Law and Social Philosophy) is a peer-reviewed academic journal of philosophy, publishing in German and English.
Archon
Archon is a Greek word that means "ruler" or "lord" or "rajeev varma" frequently used as the title of a specific public office.
Archon is a Greek word that means "ruler" or "lord" or "rajeev varma" frequently used as the title of a specific public office.
Argumentation theory
Argumentation theory, or argumentation, is the interdisciplinary study of how humans should, can, and do reach conclusions through logical reasoning, that is, claims based, soundly or not,...
Argumentation theory, or argumentation, is the interdisciplinary study of how humans should, can, and do reach conclusions through logical reasoning, that is, claims based, soundly or not,...
Authority
Authority is a right conferred by recognized social position.
Authority is a right conferred by recognized social position.
Basic norm
Basic norm (Grundnorm) is a concept in the Pure Theory of Law created by Hans Kelsen, a jurist and legal philosopher.
Basic norm (Grundnorm) is a concept in the Pure Theory of Law created by Hans Kelsen, a jurist and legal philosopher.
Biblical law
Biblical law refers to the legal aspects of the Bible, the holy scriptures of Judaism and Christianity.
Biblical law refers to the legal aspects of the Bible, the holy scriptures of Judaism and Christianity.
Casuistry
Casuistry, or case-based reasoning, is a method in applied ethics and jurisprudence, often characterised as a critique of principle- or rule-based reasoning.
Casuistry, or case-based reasoning, is a method in applied ethics and jurisprudence, often characterised as a critique of principle- or rule-based reasoning.
Cautelary jurisprudence
Cautelary jurisprudence is law made in a precautionary way prior to or outside of the normal legislative enactment.
Cautelary jurisprudence is law made in a precautionary way prior to or outside of the normal legislative enactment.
Chair of Jurisprudence, Glasgow
The Chair of Jurisprudence is a Professorship at the University of Glasgow, founded in 1952.
The Chair of Jurisprudence is a Professorship at the University of Glasgow, founded in 1952.
Competition law theory
Competition law theory covers the strands of thought relating to competition law or antitrust policy.
Competition law theory covers the strands of thought relating to competition law or antitrust policy.
Constitutional republic
A constitutional republic is a state, where the head of state and other officials are representatives of the people and must govern according to existing constitutional law that limits the gover...
A constitutional republic is a state, where the head of state and other officials are representatives of the people and must govern according to existing constitutional law that limits the gover...
Constitutional theory
Constitutional theory is an area of constitutional law that focuses on the underpinnings of constitutional government.
Constitutional theory is an area of constitutional law that focuses on the underpinnings of constitutional government.
Constitutionalism
Constitutionalism has a variety of meanings.
Constitutionalism has a variety of meanings.
Corelative
Correlative ("corelative," UK spelling) is the term adopted by Wesley Newcomb Hohfeld to describe the philosophical relationships between fundamental legal concepts in jurisprudence.
Correlative ("corelative," UK spelling) is the term adopted by Wesley Newcomb Hohfeld to describe the philosophical relationships between fundamental legal concepts in jurisprudence.
Critical legal studies
Critical legal studies is a movement in legal thought that applied methods similar to those of critical theory to law.
Critical legal studies is a movement in legal thought that applied methods similar to those of critical theory to law.
Declaration of Delhi
The New Delhi Congress or Declaration of Delhi was an international gathering of over 185 judges, lawyers, and law professors from 53 countries all over the world, united as the Internatio...
The New Delhi Congress or Declaration of Delhi was an international gathering of over 185 judges, lawyers, and law professors from 53 countries all over the world, united as the Internatio...
Dignitas (Roman concept)
Dignitas is a Latin word referring to a unique, intangible and culturally subjective social concept in the ancient Roman mindset.
Dignitas is a Latin word referring to a unique, intangible and culturally subjective social concept in the ancient Roman mindset.
Director primacy
Director Primacy is a theory of the firm that was introduced by Stephen M Bainbridge (Professor - UCLA School of Law) in an article in Northwestern University Law Review in 2003 Vol 97 No 2.
Director Primacy is a theory of the firm that was introduced by Stephen M Bainbridge (Professor - UCLA School of Law) in an article in Northwestern University Law Review in 2003 Vol 97 No 2.
Discourse ethics
Discourse ethics, sometimes called argumentation ethics, refers to a type of argument that attempts to establish normative or ethical truths by examining the presuppositions of discourse.
Discourse ethics, sometimes called argumentation ethics, refers to a type of argument that attempts to establish normative or ethical truths by examining the presuppositions of discourse.
Divine law
Divine law is any law that according to religious belief, comes directly from the will of God, in contrast to man-made law.
Divine law is any law that according to religious belief, comes directly from the will of God, in contrast to man-made law.
Earth jurisprudence
Earth jurisprudence is a philosophy of law and human governance that is based on the idea that humans are only one part of a wider community of beings and that the welfare of each member of that...
Earth jurisprudence is a philosophy of law and human governance that is based on the idea that humans are only one part of a wider community of beings and that the welfare of each member of that...
Ethical arguments regarding torture
Ethical arguments have arisen regarding torture, and its debated value to society.
Ethical arguments have arisen regarding torture, and its debated value to society.
Eye for an eye
The meaning of the principle, an eye for an eye, is that a person who has injured another person receives the value of the injury in compensation.
The meaning of the principle, an eye for an eye, is that a person who has injured another person receives the value of the injury in compensation.
Feminism and Legal Theory Project
The Feminism and Legal Theory Project is a project aimed at addressing issues relating to women and law, founded by legal theorist Martha Fineman in 1984.
The Feminism and Legal Theory Project is a project aimed at addressing issues relating to women and law, founded by legal theorist Martha Fineman in 1984.
Free scientific research
The free scientific research is a jusphilosophical school precursor of the jurisprudence of values,witch defends basically that, in order to discover the origins of principles and rules,...
The free scientific research is a jusphilosophical school precursor of the jurisprudence of values,witch defends basically that, in order to discover the origins of principles and rules,...
Freedom of contract
Freedom of contract is the freedom of individuals and corporations to form contracts without government restrictions.
Freedom of contract is the freedom of individuals and corporations to form contracts without government restrictions.
Geojurisprudence
Geojurisprudence is "a systemic approach to the connections of legal science to geography and geopolitics" (Manfred Langhans-Ratzeburg - Begriff und Aufgaben der Geographischen Rechtswissensha...
Geojurisprudence is "a systemic approach to the connections of legal science to geography and geopolitics" (Manfred Langhans-Ratzeburg - Begriff und Aufgaben der Geographischen Rechtswissensha...
German Historical School
The German Historical School of Law is a 19th century intellectual movement in the study of German law.
The German Historical School of Law is a 19th century intellectual movement in the study of German law.
Global Justice or Global Revenge
Global Justice or Global Revenge? International Criminal Justice at the Crossroads (2003) is a book by Austrian philosopher Hans Köchler, who was appointed by the United Nations as observer ...
Global Justice or Global Revenge? International Criminal Justice at the Crossroads (2003) is a book by Austrian philosopher Hans Köchler, who was appointed by the United Nations as observer ...
Habeas corpus
Habeas corpus is a writ, or legal action, through which a prisoner can be released from unlawful detention, that is, detention lacking sufficient cause or evidence.
Habeas corpus is a writ, or legal action, through which a prisoner can be released from unlawful detention, that is, detention lacking sufficient cause or evidence.
Hard law
Hard law refers to actual binding legal instruments and laws.
Hard law refers to actual binding legal instruments and laws.
Hart-Fuller debate
The Hart-Fuller debate is an exchange between Lon Fuller and H.L.A. Hart published in the Harvard Law Review in 1958 on morality and law, which demonstrated the divide between the positivist...
The Hart-Fuller debate is an exchange between Lon Fuller and H.L.A. Hart published in the Harvard Law Review in 1958 on morality and law, which demonstrated the divide between the positivist...
Hart–Dworkin debate
The Hart–Dworkin debate is a debate in legal philosophy between Herbert Hart and Ronald Dworkin.
The Hart–Dworkin debate is a debate in legal philosophy between Herbert Hart and Ronald Dworkin.
Hart–Fuller debate
The Hart-Fuller debate is an exchange between Lon Fuller and H.L.A. Hart published in the Harvard Law Review in 1958 on morality and law, which demonstrated the divide between the positivist...
The Hart-Fuller debate is an exchange between Lon Fuller and H.L.A. Hart published in the Harvard Law Review in 1958 on morality and law, which demonstrated the divide between the positivist...
Homo sacer
Homo sacer (Latin for "the sacred man" or "the accursed man") is a figure of Roman law: a person who is banned, may be killed by anybody, but may not be sacrificed in a religious ritual.
Homo sacer (Latin for "the sacred man" or "the accursed man") is a figure of Roman law: a person who is banned, may be killed by anybody, but may not be sacrificed in a religious ritual.
Injustice
Injustice is the lack of or opposition to justice, either in reference to a particular event or act, or as a larger status quo.
Injustice is the lack of or opposition to justice, either in reference to a particular event or act, or as a larger status quo.
International Association for Philosophy of Law and Social Philosophy
International Association for Philosophy of Law and Social Philosophy (founded in 1909), known as IVR from its initials in German, is a learned society.
International Association for Philosophy of Law and Social Philosophy (founded in 1909), known as IVR from its initials in German, is a learned society.
International legal theory
International legal theory comprises a variety of theoretical and methodological approaches used to explain and analyse the content, formation and effectiveness of public international law and i...
International legal theory comprises a variety of theoretical and methodological approaches used to explain and analyse the content, formation and effectiveness of public international law and i...
Interregnum
An interregnum (plural interregna or interregnums) is a period of discontinuity or "gap" in a government, organization, or social order.
An interregnum (plural interregna or interregnums) is a period of discontinuity or "gap" in a government, organization, or social order.
Joseph H. H. Weiler
Joseph Halevi Horowitz Weiler is Joseph Straus Professor of Law and European Union Jean Monnet Chair at New York University Law School.
Joseph Halevi Horowitz Weiler is Joseph Straus Professor of Law and European Union Jean Monnet Chair at New York University Law School.
Journal of Philosophy, Science and Law
The Journal of Philosophy, Science and Law (JPSL) is an interdisciplinary academic journal dedicated to examining issues in the intersection of applied philosophy, science, and the law.
The Journal of Philosophy, Science and Law (JPSL) is an interdisciplinary academic journal dedicated to examining issues in the intersection of applied philosophy, science, and the law.
Judicial activism
Judicial activism describes judicial rulings suspected of being based on personal or political considerations rather than on existing law.
Judicial activism describes judicial rulings suspected of being based on personal or political considerations rather than on existing law.
Judicial independence
Independence of the judiciary (also judicial independence) is the idea that the judiciary needs to be kept away from the other branches of government.
Independence of the judiciary (also judicial independence) is the idea that the judiciary needs to be kept away from the other branches of government.
Judicial philosophy
Judicial philosophy is the set of ideas and beliefs which dictate how Justices and judges of the United States federal courts may rule in many cases.
Judicial philosophy is the set of ideas and beliefs which dictate how Justices and judges of the United States federal courts may rule in many cases.
Judicial tyranny
Judicial tyranny is a political epithet often used to describe the actions of unelected judges whose rulings invalidate the policy decisions made by elected officials.
Judicial tyranny is a political epithet often used to describe the actions of unelected judges whose rulings invalidate the policy decisions made by elected officials.
Jurisprudence of values
These changes characterize a law philosophy school named Jurisprudence of values or Jurisprudence of principles.
These changes characterize a law philosophy school named Jurisprudence of values or Jurisprudence of principles.
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity.
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity.
Justitium
Justitium is a concept of Roman law, equivalent to the declaration of the state of emergency.
Justitium is a concept of Roman law, equivalent to the declaration of the state of emergency.
Law and economics
Law and economics or economic analysis of law is the application of economic methods to analysis of law.
Law and economics or economic analysis of law is the application of economic methods to analysis of law.
Law and Gospel
In these traditions, the distinction between the doctrines of Law, which demands obedience to God's ethical will, and Gospel, which promises the forgiveness of sins in light of the ...
In these traditions, the distinction between the doctrines of Law, which demands obedience to God's ethical will, and Gospel, which promises the forgiveness of sins in light of the ...
Law and literature
The law and literature movement focuses on the interdisciplinary connection between law and literature.
The law and literature movement focuses on the interdisciplinary connection between law and literature.
Law as integrity
Law as integrity is a theory of law put forward by the legal philosopher Ronald Dworkin.
Law as integrity is a theory of law put forward by the legal philosopher Ronald Dworkin.
Law in action
Law in action is a legal theory, associated with legal realism, that examines the role of law, not just as it exists in the statutes and cases, but as it is actually applied in society.
Law in action is a legal theory, associated with legal realism, that examines the role of law, not just as it exists in the statutes and cases, but as it is actually applied in society.
Law, Legislation and Liberty
Law, Legislation and Liberty is the 1973 magnum opus in three volumes by Nobel laureate economist and political philosopher Friedrich Hayek.
Law, Legislation and Liberty is the 1973 magnum opus in three volumes by Nobel laureate economist and political philosopher Friedrich Hayek.
Laws (dialogue)
The Laws is Plato's last and longest dialogue.
The Laws is Plato's last and longest dialogue.
Laws without ethical content
A law without ethical content is one that does not proscribe or mandate an act because of the act's moral or ethical value, but for some other reason.
A law without ethical content is one that does not proscribe or mandate an act because of the act's moral or ethical value, but for some other reason.
Legal Education and the Reproduction of Hierarchy
Legal Education and the Reproduction of Hierarchy (full title:Legal Education and the Reproduction of Hierarchy: A Polemic Against the System) is an essay by Duncan Kennedy on legal education in...
Legal Education and the Reproduction of Hierarchy (full title:Legal Education and the Reproduction of Hierarchy: A Polemic Against the System) is an essay by Duncan Kennedy on legal education in...
Legal humanists
The legal humanists were a group of scholars of Roman law, which arose in 16th century France (Bourges) as a reaction against the Commentators.
The legal humanists were a group of scholars of Roman law, which arose in 16th century France (Bourges) as a reaction against the Commentators.
Legal naturalism
Legal naturalism is a term coined by Olufemi Taiwo to describe a current in the social philosophy of Karl Marx which can be interpreted as one of Natural Law.
Legal naturalism is a term coined by Olufemi Taiwo to describe a current in the social philosophy of Karl Marx which can be interpreted as one of Natural Law.
Legal positivism
Legal positivism is a school of thought of philosophy of law and jurisprudence, largely developed by nineteenth-century legal thinkers such as Jeremy Bentham and John Austin.
Legal positivism is a school of thought of philosophy of law and jurisprudence, largely developed by nineteenth-century legal thinkers such as Jeremy Bentham and John Austin.
Legal Positivism (Book of Bobbio)
Legal Positivism is a book of the Italian jurist Norberto Bobbio about one of the ontological elements of foundations of law — the jusphilosophical scholl called juspositivim o...
Legal Positivism is a book of the Italian jurist Norberto Bobbio about one of the ontological elements of foundations of law — the jusphilosophical scholl called juspositivim o...
Legal process (jurisprudence)
The legal process school (sometimes "legal process theory") was a movement within American law that attempted to chart a third way between legal formalism and legal realism.
The legal process school (sometimes "legal process theory") was a movement within American law that attempted to chart a third way between legal formalism and legal realism.
Legal realism
Legal realism is a school of legal philosophy that is generally associated with the culmination of the early-twentieth century attack on the orthodox claims of late-nineteenth-century classical ...
Legal realism is a school of legal philosophy that is generally associated with the culmination of the early-twentieth century attack on the orthodox claims of late-nineteenth-century classical ...
Legal science
Legal Science is one of the social sciences which deals with the institutions and principles that particular societies have developed: : - for defining the claims and liabilities of a person aga...
Legal Science is one of the social sciences which deals with the institutions and principles that particular societies have developed: : - for defining the claims and liabilities of a person aga...
Legalism (Chinese philosophy)
In i8n iuh8h8 9ibupgt utb7b 9i 9iy9 guyfeb i7 6g uyyiutyttvogtug yLegalism was a utilitarian political philosophy that did not address higher questions like the nature and purpose of life.
In i8n iuh8h8 9ibupgt utb7b 9i 9iy9 guyfeb i7 6g uyyiutyttvogtug yLegalism was a utilitarian political philosophy that did not address higher questions like the nature and purpose of life.
Letter and spirit of the law
The letter of the law versus the spirit of the law is an idiomatic antithesis.
The letter of the law versus the spirit of the law is an idiomatic antithesis.
Lord Advocate's Reference
A Lord Advocate's Reference clarifies important points of law which have arisen in the course of a Scots trial on indictment.
A Lord Advocate's Reference clarifies important points of law which have arisen in the course of a Scots trial on indictment.
Monarchomachs
The Monarchomachs (Monarchomaques) were originally French Huguenot theorists who opposed absolute monarchy at the end of the 16th century, known in particular for having theoretically justified ...
The Monarchomachs (Monarchomaques) were originally French Huguenot theorists who opposed absolute monarchy at the end of the 16th century, known in particular for having theoretically justified ...
Monopoly on violence
The monopoly on violence is the conception of the state expounded by Max Weber in Politics as a Vocation.
The monopoly on violence is the conception of the state expounded by Max Weber in Politics as a Vocation.
Mutual liberty
Mutual liberty is an idea first coined by Alexis de Tocqueville in his 1835 work Democracy in America.
Mutual liberty is an idea first coined by Alexis de Tocqueville in his 1835 work Democracy in America.
Natural justice
Natural justice is a term of art that denotes specific procedural rights in the English legal system and the systems of other nations based on it.
Natural justice is a term of art that denotes specific procedural rights in the English legal system and the systems of other nations based on it.
Natural order (philosophy)
In philosophy, the natural order is the moral source from which natural law seeks to derive its authority.
In philosophy, the natural order is the moral source from which natural law seeks to derive its authority.
Natural-law argument
Natural-law argument for the existence of God was especially popular in the eighteenth century as a result of the influence of Sir Isaac Newton.
Natural-law argument for the existence of God was especially popular in the eighteenth century as a result of the influence of Sir Isaac Newton.
Naturalization
Naturalization is the acquisition of citizenship and nationality by somebody who was not a citizen of that country at the time of birth.
Naturalization is the acquisition of citizenship and nationality by somebody who was not a citizen of that country at the time of birth.
Norm (philosophy)
Norms are sentences or concepts with practical, i. e. action-oriented (rather than descriptive, explanatory, or expressive) import.
Norms are sentences or concepts with practical, i. e. action-oriented (rather than descriptive, explanatory, or expressive) import.
Normative
Normative has specialized contextual meanings in several academic disciplines.
Normative has specialized contextual meanings in several academic disciplines.
Obligation
An obligation is a requirement to take some course of action, whether legal or moral.
An obligation is a requirement to take some course of action, whether legal or moral.
Organic law
An organic law or fundamental law is a law or system of laws which forms the foundation of a government, corporation or other organization's body of rules.
An organic law or fundamental law is a law or system of laws which forms the foundation of a government, corporation or other organization's body of rules.
Organic statute
Organic statute is a calque from the French "Règlement Organique"; literally "regulations for an organ", with "organ" meaning an organization or governmental body.
Organic statute is a calque from the French "Règlement Organique"; literally "regulations for an organ", with "organ" meaning an organization or governmental body.
Original intent
Original intent is a theory in law concerning constitutional and statutory interpretation.
Original intent is a theory in law concerning constitutional and statutory interpretation.
Original meaning
In the context of United States constitutional interpretation, original meaning is the dominant form of the legal theory of originalism today.
In the context of United States constitutional interpretation, original meaning is the dominant form of the legal theory of originalism today.
Otium
Otium, a Latin abstract term, has a variety of meanings, including leisure time in which a person can enjoy eating, playing, resting, contemplation and academic endeavors.
Otium, a Latin abstract term, has a variety of meanings, including leisure time in which a person can enjoy eating, playing, resting, contemplation and academic endeavors.
Pandectists
Pandectists were German university legal scholars in the early 19th century who studied and taught Roman law as a model of what they called Konstruktionsjurisprudenz (conceptual jurisprudence) a...
Pandectists were German university legal scholars in the early 19th century who studied and taught Roman law as a model of what they called Konstruktionsjurisprudenz (conceptual jurisprudence) a...
Pauline privilege
The Pauline Privilege (Privilegium Paulinum) is a Christian concept drawn from the apostle Paul's instructions in the First Epistle to the Corinthians.
The Pauline Privilege (Privilegium Paulinum) is a Christian concept drawn from the apostle Paul's instructions in the First Epistle to the Corinthians.
Philosophy of copyright
The philosophy of copyright might be said to include several philosophical issues which are fundamentally linked to copyright policy, and other jurisprudential problems that arise in legal syste...
The philosophy of copyright might be said to include several philosophical issues which are fundamentally linked to copyright policy, and other jurisprudential problems that arise in legal syste...
Philosophy of human rights
The philosophy of human rights attempts to examine the underlying basis of the concept of human rights and critically looks at its content and justification.
The philosophy of human rights attempts to examine the underlying basis of the concept of human rights and critically looks at its content and justification.
Philosophy of law
Jurisprudence is the theory and philosophy of law.
Jurisprudence is the theory and philosophy of law.
Political jurisprudence
Political jurisprudence is a legal theory that some judicial decisions are motivated more by politics than by unbiased judgment.
Political jurisprudence is a legal theory that some judicial decisions are motivated more by politics than by unbiased judgment.
Political philosophy of Immanuel Kant
Immanuel Kant (1724–1804) favoured a classical republican approach to political philosophy.
Immanuel Kant (1724–1804) favoured a classical republican approach to political philosophy.
Political sociology
Contemporary political sociology involves - but is not limited to - the study of the relations between state and society.
Contemporary political sociology involves - but is not limited to - the study of the relations between state and society.
Polycentric law
Polycentric law is a legal structure in which providers of legal systems compete or overlap in a given jurisdiction, as opposed to monopolistic statutory law according to which there is a sole ...
Polycentric law is a legal structure in which providers of legal systems compete or overlap in a given jurisdiction, as opposed to monopolistic statutory law according to which there is a sole ...
Positivism
Positivism is a philosophy of science based on the view that in the social as well as natural sciences, data derived from sensory experience, and logical and mathematical treatments of such data...
Positivism is a philosophy of science based on the view that in the social as well as natural sciences, data derived from sensory experience, and logical and mathematical treatments of such data...
Postglossator
The postglossators or commentators formed a European legal school which arose in France in the fourteenth century.
The postglossators or commentators formed a European legal school which arose in France in the fourteenth century.
Postmodern law
Postmodern law, and postmodern jurisprudence, relates to interpretations of the legal system using postmodern philosophy and the theories of postmodernism.
Postmodern law, and postmodern jurisprudence, relates to interpretations of the legal system using postmodern philosophy and the theories of postmodernism.
Prohibitionism
Prohibitionism is a legal philosophy and political theory often used in lobbying which holds that citizens will abstain from actions if the actions are typed as unlawful (i.e.
Prohibitionism is a legal philosophy and political theory often used in lobbying which holds that citizens will abstain from actions if the actions are typed as unlawful (i.e.
Public policy doctrine
In private international law, the public policy doctrine concerns the body of principles that underpin the operation of legal systems in each state.
In private international law, the public policy doctrine concerns the body of principles that underpin the operation of legal systems in each state.
Purposive theory
Purposive theory is a theory of statutory interpretation that holds that common law courts should interpret legislation in light of the purpose behind the legislation.
Purposive theory is a theory of statutory interpretation that holds that common law courts should interpret legislation in light of the purpose behind the legislation.
Question of law
In jurisprudence, a question of law (also known as a point of law) is a question which must be answered by applying relevant legal principles, by an interpretation of the law.
In jurisprudence, a question of law (also known as a point of law) is a question which must be answered by applying relevant legal principles, by an interpretation of the law.
Radbruch formula
The Radbruch Formula (German: Radbruchsche Formel) is a theory of law which was formulated for the first time in an 1946 essay by the German law professor and politician Gustav Radbruch.
The Radbruch Formula (German: Radbruchsche Formel) is a theory of law which was formulated for the first time in an 1946 essay by the German law professor and politician Gustav Radbruch.
Rechtsstaat
Rechtsstaat (Rechtsstaat) is a concept in continental European legal thinking, originally borrowed from German jurisprudence, which can be translated as "legal state", "state of law", "state...
Rechtsstaat (Rechtsstaat) is a concept in continental European legal thinking, originally borrowed from German jurisprudence, which can be translated as "legal state", "state of law", "state...
Robert Lee Hale
Robert Lee Hale (1884-1969) was an American lawyer and economist.
Robert Lee Hale (1884-1969) was an American lawyer and economist.
Roerich Pact
Roerich Pact is a treaty on Protection of Artistic and Scientific Institutions and Historic Monuments, Apr.
Roerich Pact is a treaty on Protection of Artistic and Scientific Institutions and Historic Monuments, Apr.
Rule according to higher law
The rule according to a higher law means that no written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice.
The rule according to a higher law means that no written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice.
Rule by decree
Rule by decree is a style of governance allowing quick, unchallenged creation of law by a single person or group, and is used primarily by dictators and absolute monarchs, although philosophers ...
Rule by decree is a style of governance allowing quick, unchallenged creation of law by a single person or group, and is used primarily by dictators and absolute monarchs, although philosophers ...
Rule of Faith
The rule of faith (regula fidei) or analogy of faith (analogia fidei) is a phrase rooted in the Apostle Paul's admonition to the Christians in Rome in the Epistle to the Ro...
The rule of faith (regula fidei) or analogy of faith (analogia fidei) is a phrase rooted in the Apostle Paul's admonition to the Christians in Rome in the Epistle to the Ro...
Rule of law
The rule of law, also known as rule by law, is a legal maxim whereby governmental decisions are made by applying known legal principles.
The rule of law, also known as rule by law, is a legal maxim whereby governmental decisions are made by applying known legal principles.
Rule of Recognition
A central part of H.L.A. Hart's theory on legal positivism, in any legal system, the rule of recognition is a master meta-rule underlying any legal system that defines the common identifying tes...
A central part of H.L.A. Hart's theory on legal positivism, in any legal system, the rule of recognition is a master meta-rule underlying any legal system that defines the common identifying tes...
Scepticism in law
Scepticism in law has arisen in late nineteenth century, not merely as a protest against idea of natural law, but also as a reaction against formalism of legal positivists.
Scepticism in law has arisen in late nineteenth century, not merely as a protest against idea of natural law, but also as a reaction against formalism of legal positivists.
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state.
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state.
Soft tyranny
Soft tyranny is an idea first coined by Alexis de Tocqueville in his 1835 work entitled Democracy in America.
Soft tyranny is an idea first coined by Alexis de Tocqueville in his 1835 work entitled Democracy in America.
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory.
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory.
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or ...
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or ...
State of exception
A state of exception is a concept in the legal theory of Carl Schmitt, similar to a state of emergency, but based in the sovereign's ability to transcend the rule of law in the name of the publi...
A state of exception is a concept in the legal theory of Carl Schmitt, similar to a state of emergency, but based in the sovereign's ability to transcend the rule of law in the name of the publi...
The Case of the Speluncean Explorers
The Case of the Speluncean Explorers is a famous hypothetical legal case used in the study of law, which was written by Lon Fuller in 1949 for the Harvard Law Review.
The Case of the Speluncean Explorers is a famous hypothetical legal case used in the study of law, which was written by Lon Fuller in 1949 for the Harvard Law Review.
The Concept of Law
The Concept of Law is the most famous work of the legal philosopher H. L. A. Hart.
The Concept of Law is the most famous work of the legal philosopher H. L. A. Hart.
The Golden Rule
The Golden Rule or ethic of reciprocity is a maxim, ethical code, or morality Walter Terence Stace argued that the Golden Rule is much more than simply an ethical code.
The Golden Rule or ethic of reciprocity is a maxim, ethical code, or morality Walter Terence Stace argued that the Golden Rule is much more than simply an ethical code.
The last state of affairs of the jurisprudence in the affair "tariff system for solicitors in Italy“
Therapeutic jurisprudence
Therapeutic jurisprudence (TJ) is a term first used by Professor David Wexler, University of Arizona Rogers College of Law and University of Puerto Rico School of Law, in a paper delivered to th...
Therapeutic jurisprudence (TJ) is a term first used by Professor David Wexler, University of Arizona Rogers College of Law and University of Puerto Rico School of Law, in a paper delivered to th...
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty.
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty.
Transitional justice
Transitional justice generally refers to a range of approaches that states may use to address past human rights violations and includes both judicial and non-judicial approaches.
Transitional justice generally refers to a range of approaches that states may use to address past human rights violations and includes both judicial and non-judicial approaches.
Translating "law" to other European languages
The translation of "law" to other European languages faces several difficulties.
The translation of "law" to other European languages faces several difficulties.
Underdeterminacy (law)
In American law, underdeterminacy is a concept particularly relevant to originalism.
In American law, underdeterminacy is a concept particularly relevant to originalism.
Unrechtsstaat
The term Unrechtsstaat is a pejorative used to refer to a state that is not a Rechtsstaat, or a constitutional state in which the exercise of governmental power is constrained by the law.It is u...
The term Unrechtsstaat is a pejorative used to refer to a state that is not a Rechtsstaat, or a constitutional state in which the exercise of governmental power is constrained by the law.It is u...
Wesley Newcomb Hohfeld
Wesley Newcomb Hohfeld (8 August 1879, Oakland, California21 October 1918, Alameda, California) was an American jurist.
Wesley Newcomb Hohfeld (8 August 1879, Oakland, California21 October 1918, Alameda, California) was an American jurist.
Wild law
The term ‘wild law’ was first coined by Cormac Cullinan, to refer to human laws that are consistent with Earth jurisprudence.
The term ‘wild law’ was first coined by Cormac Cullinan, to refer to human laws that are consistent with Earth jurisprudence.