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Topic: Analytic jurisprudence


  
  laws   (Site not responding. Last check: 2007-11-05)
This article is concerned with laws of politics and jurisprudence: rules of conduct which mandate and/or proscribe specified relationships among people and organizations; as well as punishments for those who do not follow the established rules of conduct.
Jurisprudence in the second sense is conventionally divided into two parts: descriptive, or analytic, jurisprudence, and normative jurisprudence.
Analytic jurisprudence studies what law 'is', normative jurisprudence studies what law 'ought to be'.
www.yourencyclopedia.net /Laws.html   (2090 words)

  
 00:2 Newsletter on Philosophy and Law
All theory construction in jurisprudence is normative in a sense that extends far beyond the general regulatory aims of conceptual analysis; jurisprudence is, on their view, normative in a way that is incompatible with the methodological claims that Hart and I, among others, have advanced.
The second claim of normative jurisprudence is the neutrality claim-the claim that the normativity of theory construction is neutral with respect to the variety of substantive theories of law or of the concept of it.
The project of normative jurisprudence is driven by an important insight-that "law" is predicate of weak commendation-but it is not one that threatens a project of descriptive jurisprudence.
www.apa.udel.edu /apa/publications/newsletters/v00n2/law/05.asp   (5167 words)

  
 law   (Site not responding. Last check: 2007-11-05)
In ethics and moral philosophy this type of law is often called a "human legal code" to distinguish it from more fundamental laws applicable to all beings (metaphysics, ontology).
Second, it means the philosophy of law, or legal theory, which studies not what the law is in a particular jurisdiction (say, Turkey or the United States) but law in general--i.e.
See Law (academic) and jurisprudence For law as a profession, see lawyer, jurist and practice of law.
www.yourencyclopedia.net /law.html   (2149 words)

  
 Analytic jurisprudence   (Site not responding. Last check: 2007-11-05)
Themes in Contemporary Analytic Philosophy As Reflected in the Work of Monty Python A highly accessible discussion of the chief issues in the analytic discourse of the 20th century.
Divorce (in Civil Jurisprudence) Defined in jurisprudence as "the dissolution or partial suspension by law of the marriage relation".
English Analytic Philosophy and the Vienna Circle Short article on the development of the tradition from Russell to Kuhn.
www.serebella.com /encyclopedia/article-Analytic_jurisprudence.html   (241 words)

  
 AUSTIN JOHN
The fundamental legal concepts, classifications and principles had to be analyzed (analytic jurisprudence) to meet the needs of the science of law (jurisprudence) which treats the features of law as such, the foundations of law, and the universal legal concepts and contents.
The task of jurisprudence was to distinguish the proper object of the science of law—positive law, from rules and norms of conduct that are associated with positive law only by similarity.
Its conception of law is also described as analytic jurisprudence (an analysis of legal concepts by formal-dogmatic methods) or as the utilitarian conception of law (law is a political instrument and a regulator of social law that carries a benefit).
www.peenef2.republika.pl /angielski/hasla/a/austin-john.html   (2147 words)

  
 UCL Laws: Jurisprudence Review
The Jurisprudence Review was established in 1994 as an annual forum for the publication of the best writing in legal theory produced by UCL students.
Jurisprudence plays a central role in UCL’s identity and its conception of legal education.
Contributors grapple with traditional questions of analytic jurisprudence, problems in ethics and political philosophy and challenges at the intersection of social and legal theory.
www.ucl.ac.uk /laws/jurisprudence/jurisprudence-review/index.shtml   (192 words)

  
 laws - (Umatilla Article)   (Site not responding. Last check: 2007-11-05)
This article is concerned with laws of politics and jurisprudence: rules of conduct which mandate and/or proscribe specified relationships among people and organizations; as well as punishments for those who do not follow the establishedrules of conduct.
Jurisprudence in the second sense is conventionally divided into two parts: descriptive, or analytic, jurisprudence, andnormativejurisprudence.
Analytic jurisprudence studies what law 'is', normative jurisprudence studies what law 'ought tobe'.
www.umatillaoregonnews.com /articles/index.cfm?artOID=186127&cp=308565   (1948 words)

  
 Jurisprudence Article, Jurisprudence Information   (Site not responding. Last check: 2007-11-05)
Jurisprudence (from Latin : juris prudentia -- by theactivity of prudentes; advisors, experts), is the philosophy, science, study, and application of law.
In modern studies jurisprudence is both the branch of humanist sciences that studies the law and the complexof legal principles that can be desumed by the sentences.
Jurisprudence in the second sense is conventionally divided into two parts: descriptive, or analytic, jurisprudence, and normativejurisprudence.
www.anoca.org /law/legal/jurisprudence.html   (667 words)

  
 Cornell Law School
Jurisprudence can seem like a formidably esoteric field, with conceptual arguments carried on at a high level of abstraction, seemingly remote from the concerns of practicing lawyers.
In fact, it is impossible to ignore jurisprudence when thinking about the role of lawyers in the wave of financial accounting scandals exemplified by the collapse of Enron.
The lawyers' typical response is that they were only doing what lawyers do: bringing their clients' actions into conformity with the law, pushing the boundaries of the law where it would be helpful to clients, and refusing to regard themselves as quasi-regulators of transactions.
lsr.nellco.org /cornell/clsops/papers/16   (659 words)

  
 Law & Society Weblog   (Site not responding. Last check: 2007-11-05)
[Jurisprudence] Believing, I suppose, that the best defense is an offense, Dennis Patterson replies to my observation about the current state of the discourse known as ‘analytic jurisprudence’ by challenging me to provide an argument in favor of one alternative I suggested: social philosophy as informing theories about the concept of (and nature of) law.
While jurisprudes are increasingly recognizing the deficiencies and confusions of their so-called ‘methodologies’ they are nonetheless united in their commitment to fight off any attempt to look to other disciplines for methodological, and substantive, guidance.
While it is becoming increasingly en vogue to bemoan the death of jurisprudence, the problem is with the communicative action, the pattered interactions of the field: the exclusion of those who engage in philosophy other than moral (or political) from the conferences, syllabi, journals and teaching posts, and the absolute abhorrence of interdisciplinarianism.
hfkdocs.com /blog   (10381 words)

  
 Learn more about Jurisprudence in the online encyclopedia.   (Site not responding. Last check: 2007-11-05)
Jurisprudence (from Latin: juris prudentia -- by the activity of prudentes; advisors, experts), is the philosophy, science, study, and application of law.
Pontiffs indirectly created a body of laws by their pronunciations (sententiae) on single concrete (judicial) cases.
It was during the Byzantine Empire (5th century) that legal studies were once again undertaken in depth, and it is from this cultural movement that Justinian's Corpus Juris Civilis was born.
www.onlineencyclopedia.org /j/ju/jurisprudence.html   (675 words)

  
 Philosophy of Law [Internet Encyclopedia of Philosophy]
As John Austin describes the project, analytic jurisprudence seeks "the essence or nature which is common to all laws that are properly so called" (Austin 1995, p.
So-called outsider jurisprudence is concerned with providing an analysis of the ways in which law is structured to promote the interests of white males and to exclude females and persons of color.
For example, one principal objective of feminist jurisprudence is to show how patriarchal assumptions have shaped the content of laws in a wide variety of areas: property, contract, criminal law, constitutional law, and the law of civil rights.
www.utm.edu /research/iep/l/law-phil.htm   (6898 words)

  
 Jurisprudence biography .ms   (Site not responding. Last check: 2007-11-05)
Among the most important questions of analytic jurisprudence are these: What is a law ?
The most influential works of analytic jurisprudence include: Jeremy Bentham, Of Laws in General ; Hans Kelsen, The Pure Theory of Law ; H.L.A. Hart, The Concept of Law ; and Ronald Dworkin, Law's Empire.
Among contemporary writers, the following have been particularly influential: John Rawls, A Theory of Justice; H.L.A. Hart, Punishment and Responsibility ; Joel Feinberg, The Moral Limits of the Criminal Law ; Joseph Raz, The Morality of Freedom ; Ronald Dworkin, A Matter of Principle.
jurisprudence.biography.ms   (592 words)

  
 The Philosophical Gourmet Report
Thus, "analytic" philosophy is now largely coextensional with good philosophy and scholarship, regardless of topic or figure.
Political Philosophy; Analytic Jurisprudence; Normative Jurisprudence; Philosophy of Biology; Philosophy of Social Science; Philosophy of Mathematics; Marx.
Analytic Jurisprudence; Normative Jurisprudence; Philosophy of Religion; Medieval Philosophy; Rationalists.
www.philosophicalgourmet.com /2001/rankings.htm   (5782 words)

  
 Natural Law [Internet Encyclopedia of Philosophy]
The principal objective of conceptual (or analytic) jurisprudence has traditionally been to provide an account of what distinguishes law as a system of norms from other systems of norms, such as ethical norms.
Accordingly, the task of conceptual jurisprudence is to provide a set of necessary and sufficient conditions for the existence of law that distinguishes law from non-law in every possible world.
The project motivating conceptual jurisprudence, then, is to articulate the concept of law in a way that accounts for these pre-existing social practices.
www.utm.edu /research/iep/n/natlaw.htm   (5617 words)

  
 Jurisprudence   (Site not responding. Last check: 2007-11-05)
Jurisprudence (from Latin: juris prudentia — by the activity of prudentes; advisors, experts), is the philosophy, science, study, and application of law.
Dooyeweerd was Professor of Law, Encyclopaedia of Jurisprudence and Ancient National Law at the Free University in Amsterdam from the time of his appointment to the Chair in 1926 until his emeritation in 1965.
The Case of the Speluncean Explorers: Nine New Opinions (http://www.earlham.edu/~peters/writing/cse.htm), by Peter Suber (Routledge, 1998.) Lon Fuller's classic of jurisprudence brought up to date 50 years later.
www.usedaudiparts.com /search.php?title=Jurisprudence   (658 words)

  
 past courses
Philosophy of Law: This is an upper-division undergraduate course in analytic and normative jurisprudence.
jurisprudence is to determine the nature of legal authority (and how it differs from other sorts of authority) and legal
jurisprudence is to identify and apply the criteria, moral and otherwise, against which existing legal systems ought to be
web.utk.edu /~dreidy/pastcourses.html   (802 words)

  
 [No title]
Halpin's exploration of the nature of legal reasoning involves visits to several perennial points of interest and controversy in the field of analytic jurisprudence, including the relationship of legal theory to legal practice, the nature of the judicial role, and the application of the philosophy of language to legal theory.
Thus the combination of the fluidity of words and the variability of the "participatory response" required by many legal concepts leads to a significant degree of legal uncertainty in the context of adjudication.
In developing the approach discussed above, Halpin addresses a number of the basic questions of analytical jurisprudence, including the question of whether there are right answers to "hard" cases, those legal controversies involving particularly complex or novel legal issues.
www.bsos.umd.edu /gvpt/lpbr/subpages/reviews/halpinreas.html   (2286 words)

  
 The Chronicle: 6/10/2005: A Philosopher's Humanity
This distinctive distaste for a philosopher's humanity applies in analytic philosophy with extra force to homosexuality.
Analytic Wittgenstein scholars, who specialized in presenting their man as a kind of shoebox of epistemological propositions they thought he hadn't put in the right order, screamed bloody murder.
While expressing great respect and affection for Hart, she indicates early on that her feminist and Foucauldian appreciation of power's role in shaping institutions makes her more critical of Hart and his facts-lite analytic jurisprudence than she once was.
chronicle.com /temp/reprint.php?id=wuzihij9d80ovotj5yxtxu2ft8dsikvd   (1250 words)

  
 LegalTheory.ORG - Философия, теория и история на държавата и правото
Accordingly, analytic jurisprudence is concerned with providing necessary and sufficient conditions for the existence of law that distinguishes law from non-law in every possible world.
These remarks show Hart believes Dworkin's theoretical objectives are fundamentally different from those of positivism, which, as a theory of analytic jurisprudence, is largely concerned with conceptual analysis.
At the heart of the CLS critique of liberal jurisprudence is the idea that radical indeterminacy is inconsistent with liberal conceptions of legitimacy.
www.legaltheory.org /index.php?rid=41&id=25   (6902 words)

  
 SSRN-The Jurisprudence of Enron: Professionalism as Interpretation by W. Bradley Wendel   (Site not responding. Last check: 2007-11-05)
SSRN-The Jurisprudence of Enron: Professionalism as Interpretation by W. Bradley Wendel
The lawyers' typical response is that they were only doing what lawyers do - bringing their clients' actions into conformity with the law, pushing the boundaries of the law where it would be helpful to clients, and refusing to regard themselves as quasi-regulators of transactions.
Wendel, W. Bradley, "The Jurisprudence of Enron: Professionalism as Interpretation" (August 19, 2004).
papers.ssrn.com /sol3/papers.cfm?abstract_id=579122   (741 words)

  
 [No title]
Combining elements of intellectual biography, social history, and analytic jurisprudence, the book's central claim is that Roscoe Pound's and Karl Llewellyn's major contributions to American jurisprudence were fundamentally similar and largely congruent.
The first two chapters chronicle Pound's rise to preeminence as dean of Harvard Law School and "foremost American academic jurisprudent of his day." These chapters emphasize the wide range of influences on Pound's thinking and the importance of networks--especially institutional affiliations--to the development of his thinking.
Not all will be comfortable with or willing to endorse Hull's methodological assumptions, her analytic posture, or her primary thesis.
www.bsos.umd.edu /gvpt/lpbr/subpages/reviews/hullne98.htm   (919 words)

  
 Jurisprudence   (Site not responding. Last check: 2007-11-05)
Despite centuries of jurisprudence, the courts are still struggling to explain legal concepts to the citizens called to serve on a jury.
Two court rulings on Utah cases this week demonstrate the difficulty of telling jurors how to do their job.
But the true importance of Raich has nothing to do with drugs; it relates rather to the balance of power between the federal government and
www.infothis.com /find/Jurisprudence   (1004 words)

  
 [No title]
They often expressed their preference for historical analysis of law as a distinctive jurisprudential approach, to which they contrasted competing analytic and natural law theories of jurisprudence.
In addition, the American School of Historical Jurisprudence reveals the large extent to which legal thought was not autonomous, but formed part of broader intellectual trends.
The attraction of legal scholars to historical rather than natural law or analytic jurisprudence mirrors the broader movement from speculative philosophy to historical explanation among Western intellectuals in the nineteenth century.
www.utexas.edu /law/news/colloquium/papers/Rabbanpaper.Doc   (2133 words)

  
 00:2 Newsletter on Philosophy and Law
Three of the four essays here (those by Coleman, Shapiro, and myself) were presented originally at a session on "New Directions in Analytic Jurisprudence" at the meeting of the Association of American Law Schools in San Francisco in January of this year.
For inclusive legal positivists, the rule of recognition is simply a social rule, so the only constraint on its content is the actual practice of officials in deciding questions about legal validity.
Finally, in my essay on "The Naturalistic Turn in Legal Philosophy," I take note of the peculiar fact that the methodology of jurisprudence still remains wedded to the kinds of intuition-driven and ordinary-language-based conceptual analysis that has fallen out of favor in much of philosophy in the last several decades.
www.apa.udel.edu /apa/publications/newsletters/v00n2/law/02.asp   (502 words)

  
 JURIST - D'Amato: The West Bank Wall
He writes in the areas of international law and jurisprudence, focusing upon their underlying analytic structure.
His most recent books include The Alien Tort Claims Statute: An Analytical Anthology, European Union Law Anthology, International Law: Process and Prospect (2nd ed.), Analytic Jurisprudence Anthology, International Intellectual Property Law, and volume 2 of his collected papers, published by Kluwer Law International.
His first book, The Concept of Custom in International Law, published in 1971, is generally regarded as a classic and is one of the most widely cited works in international law.
jurist.law.pitt.edu /forum/damato1.php   (1823 words)

  
 Nineteenth-century legal thought (from property law) --  Encyclopædia Britannica   (Site not responding. Last check: 2007-11-05)
History and theory in the West > Property law and theory in the early modern period > Marxism, liberalism, and the law > Nineteenth-century legal thought
Perhaps because the category property told little of the real extent of the property holder's rights, privileges, and powers, the analytic jurists of the 19th and early 20th centuries were not so successful in constructing a system of “scientific” property law as they were in other areas of private law.
Analytic jurisprudence in the Anglo-American realm tended to focus…
www.britannica.com /eb/article-28490?tocId=28490   (986 words)

  
 The Leiter Reports: Editorials, News, Updates: In Memoriam: Joel Feinberg   (Site not responding. Last check: 2007-11-05)
One of my great regrets about not taking the Arizona job is not having had the opportunity to spend more time with Joel Feinberg.
He is, on anyone's accounting, one of the handful of major figures in legal philosophy of recent decades; and, indeed, much as Hart defined the central questions and issues for analytic jurisprudence over the past forty years, so Feinberg set much of the important agenda in normative jurisprudence.
That, on top of his major philosophical contributions, he was also a caring mentor of dozens of graduate students and young philosophers means that he will long be remembered with both intellectual admiration and genuine affection and gratitude.
webapp.utexas.edu /blogs/archives/bleiter/001021.html   (492 words)

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