• They evaluate this claim by confronting both the Institutional Theory of Law and Weinberger's theory of action with two approaches in socio-legal theory, i.e. the instrumentalist and the constitutive approach. (utwente.nl)
  • Research is also carried out on socio-legal theory, social welfare and many other areas. (lu.se)
  • Feminist legal theory, also known as feminist jurisprudence, is based on the belief that the law has been fundamental in women's historical subordination. (wikipedia.org)
  • Feminist jurisprudence the philosophy of law is based on the political, economic, and social inequality of the sexes and feminist legal theory is the encompassment of law and theory connected.The project of feminist legal theory is twofold. (wikipedia.org)
  • There are also numerous general texts on legal theory/jurisprudence at UC Library. (edu.au)
  • Thus we have meaty chapters on various legal theories, such as legal positivism, postmodern jurisprudence, critical legal studies, Marxist legal theory, feminist jurisprudence, and so on. (billmuehlenberg.com)
  • For his fundamental contributions to jurisprudence, characterized by outstanding originality and clarity of thought in a continuing and fruitful interaction with ethical and political theories and with legal practices. (balzan.org)
  • Theories like legal positivism argue that a law is valid simply if it has gone through the correct practical procedures of the state. (billmuehlenberg.com)
  • Says Zimmermann, "When one looks at the German legal profession in the 1930s, leaving aside those who were fully committed to the Nazi ideology, it becomes apparent that legal positivism played a significant role in the failure of judges and lawyers to stand up against Nazi injustices. (billmuehlenberg.com)
  • In recent times one theory of law - it is called legal positivism - has been particularly influential. (balzan.org)
  • This chapter explores how diffent approaches to the concept of legitimacy are reflected in the different understandings of law endorsed by legal positivism, legal idealism and legal realism. (lu.se)
  • In 1984 Martha Fineman founded the Feminism and Legal Theory Project at the University of Wisconsin Law School to explore the relationships between feminist theory, practice, and law, which has been instrumental in the development of feminist legal theory. (wikipedia.org)
  • The liberal equality model operates from within the liberal legal paradigm and generally embraces liberal values and the rights-based approach to law, though it takes issue with how the liberal framework has operated in practice. (wikipedia.org)
  • But the letter also said her office was considering legal action, noting that costs for the company's hepatitis drugs "may constitute an unfair trade practice in violation of Massachusetts law" because they are too expensive for many hepatitis C patients. (bostonglobe.com)
  • Legal action against Gilead would seek to extend the state law's standard - unfair and deceptive practice - to setting drug prices for people who can't afford them. (bostonglobe.com)
  • Finally, the article suggests moving towards postdisciplinarity and to greater integration of critique with theory and practice as possible resolutions to the dilemmas and contradictions exposed by drawing attention to bullshit and uncritical critical (legal) theory. (eui.eu)
  • The sources of international law include international custom (general state practice accepted as law), treaties , and general principles of law recognised by most national legal systems. (wikipedia.org)
  • We synthesize insights not only from economic theory and practice but also from natural sciences, engineering, political science, organisational, legal and behavioural studies. (lu.se)
  • Normative legal theory is concerned with reasons for legal actions, including reasons for adopting legislation or for judge-made law. (typepad.com)
  • These definitions capture standard meanings of 'normative,' but there is another sense of this term that is important for legal theory. (typepad.com)
  • If I might be permitted to offer a recommendation, I would suggest that 'normative' should generally be used by legal theorists in its general sense that encompasses legal norms, social norms, and moral norms. (typepad.com)
  • LGRP conducts research on moral responsibility and free will within the areas of action theory, normative ethics, metaethics and legal responsibility. (lu.se)
  • Therefore we have such things as Marxist legal theory, feminist law studies, and even queer legal theory. (billmuehlenberg.com)
  • Feminist and queer legal theory: intimate encounters, uncomfortable conversations. (lu.se)
  • And it also allows us to identify an important common characteristics of legal norms, social norms, and moral norms--all of which give reasons for action. (typepad.com)
  • Using this terminology, we can then draw and important distinction between legal norms, on the one hand, and moral norms, on the other. (typepad.com)
  • Legal norms purport to give reasons for action. (typepad.com)
  • Another way to see the difference between moral norms and legal norms is via consideration of moral theories to the law. (typepad.com)
  • He is mainly working with theories on norms and has published Social and Legal Norms, by Routledge. (lu.se)
  • Jed Britton-Purdy's recent defense of theoretical pluralism goes some ways to loosening the conceptual strictures of legal theory, and I agree with many of his points. (lpeproject.org)
  • His current research focuses on (1) migration, shadow economy and informal legal orders in hybrid political regimes, (2) corruption, informality and legal pluralism in Uzbekistan, and (c) informal hierarchies, religious orders and ethnic identities in Russian penal institutions. (lu.se)
  • and that his longer piece , which inspired the post, contains a reasonably detailed engagement with contemporary Marxist legal theory and with the Marxism-related anxieties of Critical Legal Studies (CLS). (lpeproject.org)
  • As I will argue in this short post, LPE work only appears under-theorised if we accept an approach to legal theory that is grounded in the Marxism-related anxieties of CLS, and of other non- and anti-Marxist critical legal theories. (lpeproject.org)
  • However, feminist legal theorists today extend their work beyond overt discrimination by employing a variety of approaches to understand and address how the law contributes to gender inequality. (wikipedia.org)
  • Some writers distinguish the two in ways that might be useful to legal theorists. (typepad.com)
  • Because of the variations in usage, legal theorists can only achieve clarity in their usage of 'normativity,' 'morality,' and 'ethics' by stipulating definitions. (typepad.com)
  • In furtherance of al‑Shāfiʿī's project of grounding the canon of law in the canon of revelation, legal theorists of the 3d/9th and 4th/10th centuries formulated several theoretical models of how divine speech might function as the epistemological basis of law. (vishanoff.com)
  • He teaches undergraduate courses in UK constitutional law and the sociology of law and supervises research to PhD level on the sociology of law, comparative constitutional law, and constitutional theory. (lu.se)
  • The course is sponsored and organized by our Center on Applied Feminism, which seeks to apply feminist legal theory to real-world problems in order to promote gender equality. (bepress.com)
  • Feminism and queer theory make for unlikely bedfellows. (lu.se)
  • In her foreword, MacKinnon a well-known feminist scholar, contends that feminism is both a new perspective and a "tool for intervening in the legal sphere".Constitutionalism affirms the idea that democracy should not lead to the violation of human rights or the oppression of minorities. (lu.se)
  • This very brief entry in the Legal Theory Lexicon attempts to sort out some the terminology by discussing the terms 'normativity,' 'morality,' and 'ethics' in their various forms and meanings. (typepad.com)
  • As always, the Lexicon is aimed at law students with an interest in legal theory. (typepad.com)
  • Others have mentioned examples such as Larry Solum's hugely useful Legal Theory Lexicon. (blogspot.com)
  • One of the great and unrecognized contributions the ABF makes to law and legal theory is to attract brilliant and innovative scholars ostensibly fro m outside law - in Professor Honig's case political theory - in a process that potentially brings novel insights to both law and other disciplines. (americanbarfoundation.org)
  • It is argued that in deploying critical (legal) theory there is a danger of producing bullshit, which scholars should be mindful of and should seek to avoid. (eui.eu)
  • The emerging generation of international scholars in the United States is far more comfortable than the one before it with law and economics paradigms applied to international law, rational choice theory, game theory, etc. (blogspot.com)
  • It is also, separately, the turning of attention by legal scholars in law and economics to a hitherto neglected field of law, international law, and applying law and economics insights to this field of law. (blogspot.com)
  • [3] Lassa Oppenheim defined it in his treatise as "a law between sovereign and equal states based on the common consent of these states" and this definition has been largely adopted by international legal scholars. (wikipedia.org)
  • Thirty-three original essays by an international group of expert scholars examine a wide range of critical questions, covering topics such as the various legal systems favored by different societies and cultures, the effect that law has on scientific and technical advancement, and how legal institutions have embraced and constructed, as well as silenced and stigmatized, various national, social, cultural, and personal identities. (lu.se)
  • The ABF seeks to expand knowledge and advance justice through innovative, interdisciplinary, and rigorous empirical research on law, legal processes, and legal institutions. (americanbarfoundation.org)
  • The conclusion is that the Institutional Theory of Law lends itself to empirical research from an instrumentalist perspective, for both place the concept institution in the context of law. (utwente.nl)
  • Weinberger's theory of action may provide a basis for empirical research from a constitutive perspective. (utwente.nl)
  • This genre of writing is rarely grounded on, say, empirical methods and often deprioritises the details of legal doctrine in favour of general trends, principles, or ideas. (lpeproject.org)
  • His main interest in the Central Asian Law project is to run surveys and carry out empirical research on legal cultures in the countries covered by the project. (lu.se)
  • Deontological theories and aretaic (virtue-centered) theories perform a similar role. (typepad.com)
  • The projects range over the following themes: philosophical theories of value, the concept of welfare, virtue and responsibility, practical rationality, theories of causation, collective action, the concept of intent, and dynamic decision-making. (lu.se)
  • To further this mission the ABF will produce timely, cutting-edge research of the highest quality to inform and guide the legal profession, the academy, and society in the United States and internationally. (americanbarfoundation.org)
  • Feminist legal theory was directly created to recognize and combat the legal system built primarily by the and for male intentions, often forgetting important components and experiences women and marginalized communities face. (wikipedia.org)
  • Through making sure all people have access to participate in legal systems as professionals to combating cases in constitutional and discriminatory law, feminist legal theory is utilized for it all. (wikipedia.org)
  • Second, feminist legal theory is dedicated to changing women's status through a rework of the law and its approach to gender. (wikipedia.org)
  • Through their experiences, they were influenced to create new legal theory that fought for their rights and those that came after them in education and broader marginalized communities which led to the creation of the legal scholarship feminist legal theory in the 1970s and 1980s. (wikipedia.org)
  • The foundation of feminist legal theory reflects this second and third-wave feminist struggles. (wikipedia.org)
  • The foundation of the feminist legal theory was laid by women who challenged the laws that were in place to keep women in their respective places in the home. (wikipedia.org)
  • Throughout the semester, students are exposed to feminist legal perspectives on a wide range of substantive topics, including tax law, international law, immigration law, employment law, and many others. (bepress.com)
  • The authors investigate MacCormick and Weinberger's claim that the Institutional Theory of Law provides a conceptual framework for the study of legal phenomena from a socio-legal point of view. (utwente.nl)
  • The central hypothesis of RAPT is that the 'specialness' of religion is defensible in light of important political and legal ideals, but that it needs to be substantially modified and refined in response to philosophical, anthropological, historical, political and sociological post-secular critiques. (europa.eu)
  • Imagine instead a class taught by fourteen professors, each of whom teaches for one week to share their substantive expertise through the lens of critical legal theory. (bepress.com)
  • But taking a step back, I will argue that we don't just need more theory: we need a more substantive, more analytically ambitious and less aestheticised idea of what legal theory is. (lpeproject.org)
  • International law differs from state-based domestic legal systems in primarily, though not exclusively, applicable to states, rather than to individuals, and operates largely through consent, since there is no universally accepted authority to enforce it upon sovereign states . (wikipedia.org)
  • For example, Legal Theory is usually written with a high degree of abstraction, it is primarily in conversation with other Legal Theory, and it is orientated toward understanding something about law as a whole or a legal field in its totality, rather than about a specific piece of legislation, judgement, or social problem. (lpeproject.org)
  • I first embark on an analysis of the relevant legal sources (primarily EU treaties and secondary legislation and the 1951 Refugee Convention) and explore the institutional processes through which solidarity has evolved over three periods: 1990-1999, 2000-2009, and 2010-2017. (lu.se)
  • In marked contrast to many other theories of law, this long-standing view declares there to be objective ethical standards and principles which transcend humans and governments, which we all stand under, and which should help form the basis of actual state legislation. (billmuehlenberg.com)
  • Under the concept of rule of law, all public authorities and leaders are subject to the same legal rules and principles as everyone else. (billmuehlenberg.com)
  • Theory of law refers to the legal premise or set of principles on which a case rests. (uslegal.com)
  • In opposition to these theologically inspired hermeneutical theories, jurists from across the major schools formulated a more pragmatic set of interpretive principles that was at once powerful and flexible. (vishanoff.com)
  • Each model provides a distinct view of the legal mechanisms that contribute to women's subordination, and each offers a distinct method for changing legal approaches to gender. (wikipedia.org)
  • In this substantial collection, the editors have drawn together a diverse collection of essays that lay bare the tensions and alliances between feminist and queer approaches to legal theory. (lu.se)
  • The increasing transnationalisation of regulation - and social life more generally - challenges the basic concepts of legal and political theory today. (e-elgar.com)
  • Applicants should ideally have a background in in a degree in Political Theory (e.g. (prospects.ac.uk)
  • RAPT (Religion And Political Theory) aims to re-assess the foundations of the special nature of religion in legal and political theory, by reference to the growing body of multi-disciplinary literature about post secularism. (europa.eu)
  • Honig's contemporary work at Brown examines the intersection of political theory, media, and cultural studies, focusing on received scripts that limit or launch collective action in democratic settings. (americanbarfoundation.org)
  • Professor Honig enriched the ABF by her presence, and it is gratifying to see that her time at the ABF helped prepare her to produce cutting edg e legal, as well as political, theory. (americanbarfoundation.org)
  • Speed limits, murder laws, and contract legislation may all come to mind when we contemplate legal issues. (billmuehlenberg.com)
  • In the upcoming case Moore v. Harper , the U.S. Supreme Court will decide whether the term "state legislature" in the U.S. Constitution's election clause gives state legislatures specific power over election law that cannot be taken away in accordance with the doctrine of "independent state legislature theory. (iwf.org)
  • a Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Poh'tcs. (bvsalud.org)
  • Examining the challenge offered by transnational authority in a range of specific contexts, including security, accounting, banking and finance, and trade, Authority in Transnational Legal Theory analyses the relations between authority, legitimacy and power. (e-elgar.com)
  • Cline, Timon and Shenvi, Neil (2023) "What if Critical Race Theory Were Just a Legal Theory? (liberty.edu)
  • Here, however, I am advocating for a "legal theory" without capitalisation: a way of writing about law that is explicit and explanatory about our assumptions in a way that not only enlightens our readers but also disciplines the author by rendering certain argumentative moves unavailable to her. (lpeproject.org)
  • Amalia Amaya LL.M. '00 S.J.D. '07 has been awarded the European Award for the Best Doctoral Dissertation in Legal Theory. (harvard.edu)
  • The title of the dissertation is "An Inquiry into the Nature of Coherence and Its Role in Legal Argument. (harvard.edu)
  • His bachelor thesis and master's dissertation focused on corruption, informal hierarchies, rule of law, informal legal orders and other existing problems in Uzbekistan. (lu.se)
  • Although CRT is more than "just a legal theory," this article examines CRT's legal origins and outlook, showing the inevitable tension between its claims and a Christian understanding of reality. (liberty.edu)
  • This feminist critique of American law was developed as a reaction to the fact that the legal system was too gender-prioritized and patriarchal. (wikipedia.org)
  • If one considers the research more generally within the subject at the department, there are five fields which currently attract the majority of research activities: moral philosophy, axiology (= theory of value), political philosophy, decision theory, philosophy of action and social ontology. (lu.se)
  • are able to explain the legal standing of the prevailing shareholder theory according to leading scholastic research as well as the legal basis and context from which corporate management can act in the broader interest of stakeholders. (lu.se)
  • Legal status may be conceived of as a fundamental cause of health, producing a health disparity whereby unauthorized immigrants are disadvantaged relative to authorized immigrants, a perspective that is supported by research on legal status disparities in self-rated health and mental health. (cdc.gov)
  • Although inconsistent with fundamental cause theory, our results were robust to alternative specifications and consistent with a small body of existing research on legal status disparities in physical health. (cdc.gov)
  • The lawsuit observes that Oklahoma's H.B. 1775 does not even provide an adequate definition of what critical race theory is. (legalreader.com)
  • The lawsuit observes that H.B. 1775 is written using "vague" language, and does not even provide a clear definition of what critical race theory is, and what educators can and cannot teach. (legalreader.com)
  • Her last ABF r e search p r oject produced the book Antigone, Interrupted (Cambridge University Press, 2013), which examine d the role of this classical text both in fifth-century Athens and in contemporary democ ratic and legal theory. (americanbarfoundation.org)
  • Kenneth Anderson, a law professor at Washington College of Law, American University, Washington DC, and a member of the Hoover Task Force on National Security and Law, blogs on topics related to international laws of war, international law, related human rights topics, international NGOs, and the theory of the just war. (blogspot.com)
  • She is also a senior lecturer at the University of the Philippines College of Law, teaching Legal Theory and Legal History, and has worked as a trial lawyer in criminal, family, labour and corporate law. (who.int)
  • University of Chicago Legal Forum, n.1, p. 139-167. (bvsalud.org)
  • He is a principal investigator of the EU-funded project "Central Asian Law: Legal Cultures and Business Environments in Central Asia," which is coordinated by Lund University. (lu.se)
  • He is the author of Migration and Hybrid Political Regimes: Navigating the Legal Landscape in Russia (2020), published by the University of California Press. (lu.se)
  • Elmurod Sobirov is a project assistant of the EU-funded project "Central Asian Law: Legal Cultures and Business Environments in Central Asia," which is coordinated by Lund University. (lu.se)
  • Law and social theory. (lu.se)
  • Although it is well known that Mexican immigrants have better-than-expected health outcomes given their social disadvantage, we suggest that an epidemiologic paradox may also apply to within-immigrant disparities by legal status. (cdc.gov)
  • Nurses identified the sociocultural aspects of women with sexually transmitted infections and recognized the presence of influencing factors: technological, religious, economic, political, and legal, kinship and social, cultural values, and lifeways. (bvs.br)
  • As the Justice Department's initiative against healthcare fraud continues unabated, the government and healthcare providers have received some clarification from the Supreme Court about a legal theory that affects both. (warrenbensonlaw.com)
  • In an opinion authored by Justice Thomas, a unanimous Supreme Court rejected the industry-sponsored position, and instead held that "the implied false certification theory can, at least in some circumstances, provide a basis for liability. (fraudfighters.net)
  • Kenneth Anderson's Law of War and Just War Theory Blog: What might blogosphere legal scholarship look like? (blogspot.com)
  • What might blogosphere legal scholarship look like? (blogspot.com)
  • This (unarticulated but strong) approach to legal theory identifies particular styles of writing, engagement with certain non-legal literatures ((post)structuralism, linguistics, psychoanalysis), and a high degree of abstraction as markers of "legal theory. (lpeproject.org)
  • We make no representation or warranty as to the legal compliance of the Services or the Medscape Content and you are solely responsible for compliance with the laws of your jurisdiction, with respect to your use and misuse of the Services and the Medscape Content. (medscape.com)
  • League of Women Voters , National Council of Jewish Women , and Republican Women for Progress , who have filed amicus briefs in opposition to independent state legislature theory, are really seeking to impose their own leftist and/or partisan agenda without the consent of the governed. (iwf.org)
  • This article reflects upon critical theory, focusing especially on critical legal theory, particularly in relation to human rights. (eui.eu)
  • I am grateful to the Guggenheim Foundation for supporting a project in democratic, queer, and legal theory focused on the power of language to join people together as equals in democratic purpose. (americanbarfoundation.org)
  • In Democracy and Legal Change, Melissa Schwartzberg argues that modifying law is a fundamental and attractive democratic activity. (bookculture.com)
  • Drawing on historical evidence, classical political thought, and contemporary constitutional and democratic theory, Democracy and Legal Change reexamines the relationship between democracy and the rule of law from a new, and often surprising, set of vantage points. (bookculture.com)
  • Positing that much critical theory is in fact uncritical, the article argues that critical theory is frequently deployed in such a way as to contradict its supposed purposes of challenging the prevailing order, orthodoxy and injustice, and guiding radical change. (eui.eu)
  • But the company, which is scheduling a meeting with Healey and her lieutenants, has fought off previous legal challenges. (bostonglobe.com)
  • I am deeply grateful to the Graduate Program for the sustained support during all the years that I was at Harvard," Amaya wrote in an email to HLS Professor William Alford, vice dean for the graduate program and international legal studies. (harvard.edu)
  • In the past two years, nearly a dozen Republican-led states have banned critical race theory from being taught in public schools. (legalreader.com)
  • In this case, the Supreme Court is asked to decide whether the independent state legislature theory applies to the Constitution's election clause . (iwf.org)
  • But what these women's groups fail to mention is the U.S. Supreme Court relied on independent state legislature theory to grant women the right to vote over a century ago. (iwf.org)
  • To decide this question, the U.S. Supreme Court used independent state legislature theory. (iwf.org)
  • After first remanding the case back to the appeals court, The Supreme Court supported the "implied certification" theory meaning that healthcare providers could still be liable for False Claims Act penalties even if they violated Medicare and/or Medicare rules that aren't related to conditions of payment. (warrenbensonlaw.com)
  • The Supreme Court agreed to hear the case because various Courts of Appeal around the country had reached differening conclusions about the viability or scope of this "implied certification" theory of liability under the FCA. (fraudfighters.net)
  • In the Supreme Court, a veritable Who's Who of the medical industry lined up to ask the Court to reject the theory of implied certification. (fraudfighters.net)
  • It is, then, a sign of our times that in his recent intervention on LPE and legal theory, Moyn asks "Are we liberals or low-key Marxists? (lpeproject.org)
  • Leftist women's organizations are working tirelessly to end a legal theory that, when first applied, protected their right to vote. (iwf.org)
  • for example, the fact that an action would trigger legal punishment might be relevant to the question whether the action is morally required. (typepad.com)
  • The authors make some suggestions for refinement of Weinberger's theory of action in order that the relation between institutions and action can be labeled dynamic. (utwente.nl)
  • As such, solidarity has been invoked to support legal argument and guide policymaking. (lu.se)
  • This unit introduces students to theories of law, including accounts of the nature and purpose of law, the importance of the rule of law, the interaction of law and morality, the duty to obey law, and the determinacy of law. (edu.au)
  • The relationship and interaction between a national legal system and international law is complex and variable. (wikipedia.org)
  • The award is given every three years by the European Academy of Legal Theory in Brussels. (harvard.edu)
  • Lawyers in Healey's office are studying the potential for a complaint that would be brought under the state's consumer protection law, known in legal circles at Chapter 93A. (bostonglobe.com)
  • The American Civil Liberties Union of Oklahoma has filed a lawsuit against the state's controversial ban on schools teaching critical race theory. (legalreader.com)