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Dissertations / Theses on the topic 'Law Philosophy'

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Published: 4 June 2021

Last updated: 29 July 2024

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1

Litowitz, Douglas E. "Postmodern philosophy and law /." Lawrence (Kan.) : University press of Kansas, 1997. http://catalogue.bnf.fr/ark:/12148/cb37177950p.

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2

Loumansky, Amanda Jacqueline. "Applications of Levinasian philosophy to law." Thesis, Birkbeck (University of London), 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.416776.

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3

Jenkins, Maricarmen Marshall. "Philosophical assumptions in legal philosophy : a critique of contemporary philosophy of law /." *McMaster only, 1998.

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4

Jenkins, Maricarmen Marshall. "Philosophical assumptions in legal philosophy, a critique of contemporary philosophy of law." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0027/NQ50993.pdf.

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5

Robert, Dominique 1950. "Humane bioethics : medicine, philosophy, religion and law." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31531.

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This thesis is about the content and concerns of each of four disciplines pertaining to the field of bioethics: medicine, philosophy, religion and law. Emphasis is put on the human values each reflects in patients' lives. A last chapter is dedicated to patients' narrative in order to bring a practical perspective to the discussions of the previous chapters. The four essential human values interconnecting among the four disciplines are: the patients' need for authority, the need for protection, the existential questioning about the meaning of life, and the fear of death.

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6

Stocker, Barry. "Law and form : Joyce, Beckett and philosophy." Thesis, University of Sussex, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.307251.

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7

Fernández, Agis Domingo. "Moral Law and Political Law in Greek Mythology: The Case of Prometheus." Pontificia Universidad Católica del Perú - Departamento de Humanidades, 2012. http://repositorio.pucp.edu.pe/index/handle/123456789/113286.

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The aim of this work is to offer the reader a tour through the most significant interpretations of the Prometheus myth, attempting to contribute from their standpoint to the clarification of the relationship between moral law and political law. In especial, it aims to highlight in Prometheus’s attitude something that betrays the presence of a strongly individualized conscience, whose dictates lead him to clash with power in its highest expression. On the other hand, different interpretations of the Greek concept of law are examined, where its highest expression is indebted to the idea of dest

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8

Smith, Sheldon Russell. "Laws and causation : a defense of a modified covering-law conception of causation /." The Ohio State University, 1998. http://rave.ohiolink.edu/etdc/view?acc_num=osu1487949508369487.

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9

Thorsteinsson, Páll Rafnar. "Aristotle on law." Thesis, University of Cambridge, 2011. https://www.repository.cam.ac.uk/handle/1810/252243.

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10

Almeida, Marta. "The concept of law as ordinary language philosophy." Thesis, University of Kent, 2016. https://kar.kent.ac.uk/64326/.

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The subject of this thesis is H.L.A. Hart's The Concept of Law. Two main arguments are made, firstly that there is a perspective through which Hart's seminal work can be purposefully read as an exercise in Ordinary Language Philosophy, which will dissolve many of the problems Hart's commentators encounter with his work. Secondly, that Hart's work is an exercise in Ordinary Language Philosophy applied to the problems of general jurisprudence. To effectively demonstrate the arguments, this thesis is divided into three main sections. Section A provides an overview of Ordinary Language Philosophy,

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11

George, Robert P. "Law, liberty and morality in some recent natural law theories." Thesis, University of Oxford, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.381847.

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12

Philpott, Mark. "Archbishop Lanfranc and canon law." Thesis, University of Oxford, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.239428.

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13

Stock-Hesketh, Jonathan. "Law in Jewish intertestamental apocalyptic." Thesis, University of Nottingham, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.361601.

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14

Adams, Thomas Carter. "Conceptual investigation and the ontology of law." Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:0cec2db0-62e6-4273-975e-f60a39f8ea13.

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An important question for general jurisprudence concerns method: what is the right way to form a philosophical understanding of law? Exploration of this question has, in one form or another, featured as a constant part of the work of those within the discipline, and many different answers have been given. The aim of this thesis is to argue that a controversial conception of philosophical method – as an investigation into our rule-bound conceptual practices and uses of language – is the appropriate means of understanding the nature of law. The first three chapters establish the initial connecti

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15

Hagen, Gregory R. "Legal deliberation : a study in the philosophy of law." Thesis, University of British Columbia, 1990. http://hdl.handle.net/2429/29727.

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This thesis examines deliberation in legal proceedings. Legal deliberation is conceived of as the procedures by which a judge, jury, or other rational deliberating agents arrive at a verdict. Legal deliberation involves deliberation about laws and about facts. This thesis is concerned chiefly with deliberation about facts and how value considerations impinge on deliberation about facts. In legal proceedings there are a number of principles that are generally accepted, although their application varies according to whether the procedure is criminal, civil, administrative or other. These princip

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16

RAPOSO, MARCELO NEVES DE MELLO. "FOUCAULT, THE TRANSFORMATION OF CRITIC AND PHILOSOPHY OF LAW." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2002. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=3890@1.

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CONSELHO NACIONAL DE DESENVOLVIMENTO CIENTÍFICO E TECNOLÓGICO<br>Esse trabalho busca responder à seguinte questão: é possível uma Filosofia do Direito a partir da utilização dos conceitos, dos métodos e da filosofia de Michel Foucault? Ou seja, essa questão não é idêntica àquela que busca na trajetória do pensador francês o conjunto transformado de suas formulações, colocações e enunciações de problemas relativos ao direito. Aqueles que o conhecem sabem da importância desse objeto nas preocupações filosóficas de Foucault. Assim, apostando numa afirmativa, dirigi meus esforços no senti

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17

Nyamutata, Conrad. "Lubanga, child soldiering and the philosophy of international law." Thesis, De Montfort University, 2015. http://hdl.handle.net/2086/11037.

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International criminal law lacks a coherent theory suitable for its own context. This lacuna has left the International Criminal Court (ICC) – the most prominent global penal institution - without clear theoretical premise(s) to guide prosecution and punishment. In its current incarnation, international criminal draws on Western liberal modalities founded on dominant domestic penal rationales of retribution and deterrence. However, these principles appear incongruous to the crimes the ICC prosecutes. The theoretical rationales of ICC have barely been interrogated against an extant case. In 201

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18

Giudice, Michael Waluchow Wilfrid J. "The significance of contingent relations in the philosophy of law /." *McMaster only, 2005.

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19

Leung, Kwan-yuen Physer. "For a critical theory of law: a Levinasian critique of Dworkin's theory of law as integrity and Habermas'sdiscourse theory of law." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1999. http://hub.hku.hk/bib/B31238853.

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20

Burke, Daniel. "Morality in Law: Capital Punishment and the Mentally Retarded." Miami University Honors Theses / OhioLINK, 2003. http://rave.ohiolink.edu/etdc/view?acc_num=muhonors1111150529.

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21

Shapiro, Matthew Abraham. "Enforcing respect : iberalism, perfectionism, and antidiscrimination law." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:ee83edc5-162c-42ca-92d8-498a09725d5b.

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Can contemporary liberalism justify antidiscrimination law? The question seems impertinent until we consider contemporary liberalism’s commitment to limited government. Once we do, we realize that contemporary liberals may not complacently assume that their theories justify antidiscrimination law simply because discrimination based on race or sex is so obviously wrongful. Rather, they must scrutinize antidiscrimination law just as they do other regulation of individual conduct. Providing such scrutiny, this thesis argues that three of the most prominent contemporary liberal doctrines of politi

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22

Bovey, Alexandra. "Didactic distractions framing the law : the Smithfield decretals." Thesis, Courtauld Institute of Art (University of London), 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.369057.

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23

Kachroo, Gaytri. "Children, violence, and law." Thesis, McGill University, 1990. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59922.

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In this dissertation, I reconceptualize the concept of violence to consider its physical, sexual, psychological and economic dimension. I attempt to add to existing meanings of "violence" to include not only forms of abuse on the individual and group level but also abuse practiced by legal, political, ideological and economic institutions in a collective and systemic manner. Due to the significance of child maltreatment around the globe, I focus on the impact of law on this problem specifically through a study of domestic and international use of the best interests' doctrine; evidentiary issue

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24

Culver, Keith Charles. "Authority and normativity in H. L. A. Hart's philosophy of law." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1996. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq24401.pdf.

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25

Lavin, Michael. "Understanding limits: Morality, ethics, and law in psychology." Diss., The University of Arizona, 1999. http://hdl.handle.net/10150/284605.

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Work by Sales and Lavin has suggested that it is possible to improve the moral and ethical thinking of psychologists. In particular, moral and ethical thinking by psychologists could be improved if psychologists learned to use defensible moral metrics. The usefulness of formal training in ethics and morality, with the implicit condemnation of the moral metrics that might be taught in such training, has been challenged by writers such as Justice Holmes. He has alleged that professionals learn how to behave in their professional roles by practicing them. A variety of problems are noted with Holm

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26

Salman, Basil. "An analysis of negative liberty." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:8725de30-bd73-4eb3-b9f1-e32c8d2ef668.

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Too many people analyse the concept of negative liberty in a way that obscures its place and significance in our lives. Here I seek to redress the balance by shining light on its structure and value. With respect to the essential structure of negative liberty and unfreedom, I push for a more intuitive, dynamic, and subjectivist agent-centred approach in place of the more mechanistic Hobbesian and austere Hayekian conceptions that have tended to predominate. Emphasising the importance of self-direction, authenticity and self-development to liberty delivers both a more coherent negative concept

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27

Newhouse, Marie E. "Kant's Typo, and the Limits of the Law." Thesis, Harvard University, 2013. http://dissertations.umi.com/gsas.harvard:10819.

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This dissertation develops a Kantian philosophical framework for understanding our individual obligations under public law. Because we have a right to do anything that is not wrong, the best interpretation of Immanuel Kant's Universal Principle of Right tracks the two ways--material and formal--in which actions can be wrong. This interpretation yields surprising insights, most notably a novel formulation of Kant's standard for formal wrongdoing. Because the wrong-making property of a formally wrong action does not depend on whether or not the action in question has been prohibited by statut

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28

Polat, Necati. "Interpreting the law : a reassessment of the dichotomy between the law and its readings." Thesis, University of Nottingham, 1993. http://eprints.nottingham.ac.uk/14365/.

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The purpose of this thesis is to pursue a grammatical, common sense, reading of some of the contemporary accounts of the workings of law. In so doing it relies extensively on the critical work by Heidegger, Wittgenstein, Derrida, and Stanley Fish, writers assumed to present a somewhat unified perspective on such matters as understanding, language, meaning and reading. The shorter of the two parts, 'Judgement, Criteria, Justice,' sets the stage. Looking at Jean-Franςois Lyotard's discourse, in Just Gaming, of a semantic and moral apocalypse, and his subsequent search for a concept of the just,

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29

Jackson, Myles Wayne. "Goethe's law and order : nature and art in Elective Affinities." Thesis, University of Cambridge, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.386168.

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30

Saccone, Giuseppe Mario. "History as rhetoric in Hobbes' dialogue of the Common Laws and the rise of modern philosophy." Thesis, Hong Kong : University of Hong Kong, 2000. http://sunzi.lib.hku.hk/hkuto/record.jsp?B22050449.

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31

Frondorf, Aaron William. "Hoodoo and the law| Mostly printed works." Thesis, Colorado State University, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=1590571.

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<p> This paper discusses the relationship of ideas to their media, through the relationship of contents to a book and through the use of aesthetic barriers. The conceptual content of the artworks produced center around epistemological self-betterment and practical mysticism. I discuss in this paper my thought process, the work itself, and the works intended functions. I discuss the idea of the book and my rationale behind working in printmaking.</p>

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32

Greasley, Kate. "Life before birth : abortion and prenatal personhood in morality and law." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:33ca0400-9e6a-4f83-b8f1-711dbfce1751.

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This thesis is about the legal and moral status of abortion. It is primarily concerned with the metaphysical status of the foetus, with particular attention to the question whether the foetus is properly characterised as a person in the philosophical sense. The argument of the thesis proceeds in two parts. The first part surveys certain lines of argument to the effect that the question of prenatal personhood is immaterial to the moral and legal permissibility of abortion. Against these claims, it argues that the personhood status of the foetus is indeed central to the moral and legal appraisal

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33

Patterson, Michael Lewis. "The public philosophy of John Dewey and the evolution of law enforcement." Thesis, Texas A&M University, 2004. http://hdl.handle.net/1969.1/457.

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This thesis identifies the convergence between John Dewey's ideas regarding the public and the evolution of law enforcement practices. There are four areas covered, those being responses to major shifts in cultural activities and assumptions, learning as continuous, Dewey's ethics and the role of discretion in law enforcement, and community as participatory and inclusive. Dewey's ideas in these four areas are explained and examples are provided that demonstrate the convergence. Particular attention is given to the changes brought about by the migration from the professional model to the commun

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34

Wynyard, Julia Claire. "The literary property market: the philosophy, nature, and history of copyright law." Thesis, Boston University, 2003. https://hdl.handle.net/2144/27806.

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Boston University. University Professors Program Senior theses.<br>PLEASE NOTE: Boston University Libraries did not receive an Authorization To Manage form for this thesis. It is therefore not openly accessible, though it may be available by request. If you are the author or principal advisor of this work and would like to request open access for it, please contact us at open-help@bu.edu. Thank you.<br>2031-01-02

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35

Bartleman, Laurent William. "Intangible security : choice of law rules for intangible secured financing under the Uniform commercial code." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=98602.

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Recent revisions to Articles 9 and 1 of the Uniform Commercial Code (the "UCC") have proposed new intangible secured financing choice of law rules. These choices of law rules contain rules that represent all three major schools of thought in the field of conflicts of laws: multilateralism, substantivism and unilateralism. This thesis examines the new rules by analysing them in the context of the strengths and weakness of these schools of thought and in light of the requirements of a secured financing system. On the whole the strong mulitlateralist focus of the majority of the rules provides a

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36

Sempill, Julian Andrei. "Making law about power." Thesis, University of Oxford, 2015. https://ora.ox.ac.uk/objects/uuid:a5ffd843-dbad-44c5-b963-bca59da66f6a.

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During the seventeenth and eighteenth centuries, the inhabitants of some parts of Europe and the North American colonies were confronted with proto-state institutional arrangements. In certain cases, they responded ambivalently. That ambivalence is at the heart of what I will call the 'limited government tradition'. The tradition's adherents thought that long historical experience, not to mention the events of their own times, provided ample evidence of the corrupting effects of power on those who wield it. Power-holders, left to their own devices, are likely to succumb to the temptations of p

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37

Barnes, Lucy Dawn. "Performances of law under postmodern conditions." Thesis, University of Kent, 2010. http://eprints.kingston.ac.uk/21028/.

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38

Yiannakis, Eleni. "Human reproductive cloning community, identity, stability : reinventing creation." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0020/MQ55112.pdf.

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39

Hall, Barbara Jean 1956. "On reproduction: Rights, responsibilities and males." Diss., The University of Arizona, 1997. http://hdl.handle.net/10150/288746.

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In this dissertation, I have analyzed some of the problems associated with male reproduction. I discuss basic notions regarding the origin of parental rights concluding that whatever rights parents have regarding their children arise because of the biological connection between the parents and child. A biological parent has prima facie rights to his child because that parent has property-type rights to his own body. I suggest that parental responsibilities automatically incur whenever the conception of a child is intentional or voluntary, or when conception is the result of negligent or reckle

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40

Wirts, Amelia Marie. "Criminal Oppression: A Non-Ideal Theory of Criminal Law and Punishment." Thesis, Boston College, 2020. http://hdl.handle.net/2345/bc-ir:108954.

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Thesis advisor: David M. Rasmussen<br>This dissertation defines and defends the concept of ‘criminal oppression.’ Criminal oppression occurs when people are excluded from full participation in important social and political institutions because they are perceived to have violated certain community norms. Oppression is primarily a structural phenomenon, in which practices of formal and informal institutions unjustly harm people based on group membership. In structural oppression, there is rarely an individual who can be said to be responsible for the oppression, but I argue that at times, indiv

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41

Needham, John L. "Napoleon I and the Catholic Church : a study in law and politics." Thesis, University of Cambridge, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.334173.

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42

Ito, Akio. "Matthew's understanding of the law with special reference to the fourth antithesis." Thesis, University of Oxford, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.328945.

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43

Edwards, James Robert. "Uses and misuses of criminalisation." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:6f8c71da-bdcf-4412-aeaf-5463544b5908.

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Which uses of the power to criminalise are misuses of that power? When, in other words, is an exercise of the power to create a criminal offence an exercise of that power which cannot be morally justified? This thesis seeks to provide one part of the answer, by addressing an aspect of the question little discussed by criminal law theorists. Thus it seeks not classes of conduct which it is impermissible to criminalise, nor classes of objective which offence-creators cannot permissibly pursue. Rather the thesis addresses the distinct issue of means – of how criminal offences (are set up to) brin

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44

Blaas, Fey-Constanze. "Double criminality in international extradition law." Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/53398.

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Thesis (LLM)--University of Stellenbosch, 2003.<br>ENGLISH ABSTRACT: The object of the thesis is to examine the content and status of the double criminality principle in international extradition law. The double criminality principle says a fugitive c annat be extradited unless the conduct for which his extradition is sought is criminal in both the requesting state and the requested state. This thesis is based on a study of sources of international law and domestic law and ideas presented in legal literature. The double criminality principle has developed over several centuries and it ha

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45

Grant, James A. "Judging without scales." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:76adb04e-57e1-407a-879b-1a74485bc99a.

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This thesis is about the nature of value incommensurability and its significance for judicial reasoning. It argues that there can be incommensurable values and that this incommensurability can have significant implications for judicial reasoning. I argue that incommensurability gives rise to a range of reasonableness, within which it is reasonable but in a sense also arbitrary to decide either way, and that this range is wider than is suggested by the notion that some options are roughly equal, because even a large improvement to one option may not make it the uniquely correct option. The thes

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46

Da, Costa Rosa. "Ethics and obligations of justice in international relations: The implications of Rawls's Law of Peoples." Thesis, University of Ottawa (Canada), 1995. http://hdl.handle.net/10393/10521.

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47

Silva, B. Roshan de. "Law, nation and cosmology in Sri Lanka : deconstruction and the failure of closure." Thesis, University of Kent, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.286032.

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48

Ródenas, Ángeles. "Challenges for Legal Philosophy in the 21st Century." Pontificia Universidad Católica del Perú, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/115910.

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This paper shows a mismatch between a real and pressing demand for a philosophical analysis that allows us to explain the emergence of new phenomena in law, and the limited supply of theoretical tools to satisfy this demand by the traditional model of positivistic science of law. After an initial diagnosis of a mismatch between supply and demand, the resistance of legal positivism to accept practical rationality stands out as a core problem of the traditional model of positivistic science of law and the viability of this way of rationality is defended. The paper concludes with a proposal for t

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49

Shaw, Julia Jane Anne. "Towards a metaphysical foundation for jurisprudence : a critical exposition of Kant's philosophy of law." Thesis, Lancaster University, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.268113.

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50

Hinshelwood, Bradley Alan. "The Metamorphosis of Punishment in the Law of Nations." Thesis, Harvard University, 2015. http://nrs.harvard.edu/urn-3:HUL.InstRepos:17467338.

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This dissertation examines the disappearance of punishment as a justification for interstate war in European political theory, and its rise as an individualized process applicable to what modern-day scholars call “war crimes.” This metamorphosis occurred over the course of roughly a century and a half of debate in natural law theory, initiated by the publication of Hugo Grotius’s De jure belli in 1625. This work touched off two parallel and often closely related debates about the precise scope of natural law in wartime and the relationship of individual subjects to the acts taken by their stat

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