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| | Jurisprudence - Wikipedia, the free encyclopedia |
 | | Jurisprudential theory is usually divided into two major modes of analysis: analytic jurisprudence, which studies what law "is," and normative jurisprudence, which studies what law "ought to be." Jurisprudence can also refer to case law in common law, the body of law that is established through decisions of a particular court or court system. | | | The positive law, embodied in the written legal statutes and case law of a jurisdiction, is used as the foundation to 'test' philosophical theories against. | | | A common starting point in understanding jurisprudence is the objective of law to achieve justice. |
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http://en.wikipedia.org/wiki/Jurisprudence
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| | JURISPRUDENCE - LoveToKnow Article on JURISPRUDENCE |
| | Most books dealing with law in the abstract generalize the modes in which laws may be originated under the name of the sources of law, and one of these is legislation, or the direct command of the sovereign body. | | | The connection of laws with each other as principles is properly the subject matter of historical jurisprudence, the ideal perfection of which would be the establishment of the general laws governing the evolution of law in the technical sense. | | | Such are the terms law itself, right, duty, property, crime, and so forth, which, or their equivalents, may, notwithstanding delicate differences of connotation, be regarded as common terms in all systems. |
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http://69.1911encyclopedia.org/J/JU/JURISPRUDENCE.htm
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| | jurisprudence. The New Dictionary of Cultural Literacy, Third Edition. 2002 |
| | Jurisprudence implies creating a body of law and methods for interpreting the law, studying the relationships between law and society, and predicting the effects of legal decisions. | | | In the United States, lawmakers, attorneys, scholars, and courts all take an active role in guiding jurisprudence. |
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http://www.bartleby.com/59/14/jurisprudenc.html
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| | Ancient History Sourcebook: Edward Gibbon: The Idea of Roman Jurisprudence |
| | The communion of the marriage-life was denoted by the necessary elements of fire and water; and the divorced wife resigned the bunch of keys, by the delivery of which she had been invested with the government of the family. | | | The degrees of guilt, and the modes of punishment, were too often determined by the discretion of the rulers, and the subject was left in ignorance of the legal danger which he might incur by every action of his life. | | | The warmest applause has been lavished on the virtue of the Romans, who abstained from the exercise of this tempting privilege above five hundred years: but the same fact evinces the unequal terms of a connection in which the slave was unable to renounce her tyrant, and the tyrant was unwilling to relinquish his slave. |
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http://www.fordham.edu/halsall/ancient/gibbon-chap44.html
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| | Feminist Jurisprudence [Internet Encyclopedia of Philosophy] |
| | Feminist jurisprudence claims that patriarchy (the system of interconnected relations and institutions that oppress women) infuses the legal system and all its workings, and that this is an unacceptable state of affairs. | | | Discussions of central theoretical issues in feminist jurisprudence are punctuated by elaboration of the substantive issues with which they are intertwined. | | | Feminist jurisprudence asks what is implied in traditional categories, distinctions, or concepts and rejects them if they imply the subordination of women. |
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http://www.iep.utm.edu/j/jurisfem.htm
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| | Focus On Utah: Therapeutic Jurisprudence: Embracing a Tainted Ideal |
| | Although therapeutic jurisprudence does not represent the creation of a new court system, its mission is very different from the traditional mission of American courts. | | | It also works against the goal of unified courts in the direction of a proliferation of specialized courts that operate on the basis of a different judicial philosophy from those of other courts within the same district and state. | | | The act applies in the juvenile court system, which by law employs the therapeutic jurisprudence model, unlike "drug courts," which use that model without statutory authorization. |
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http://www.sutherlandinstitute.org/Publications/FocusonUtah/TherJuris/TherJuris.htm
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| | The Jurisprudence of Polycentric Law |
| | [4] Pound calls this the job of "philosophical jurisprudence," which is "one form or side of the science of law, organized by philosophical method and directed chiefly to the ideal element of law and to a philosophical critique of legal institutions, legal doctrines, and legal precepts." Pound, 1 Jurisprudence 11 (West, 1959). | | | The ubiquity of statist jurisprudence comes in part from the influence of legal positivists and analytic philosophers, who typically view State law as the only kind of law. | | | Because object-level jurisprudence generally feeds on case histories, Section B completes defends polycentric law from claims that it underproduces precedents. |
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http://www.tomwbell.com/writings/JurisPoly.html
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| | jurisprudence on Encyclopedia.com |
| | The takings jurisprudence of the Court of Federal Claims and the Federal Circuit. | | | Among the more important legal thinkers in the United States have been Learned Hand, Oliver Wendell Holmes, and Roscoe Pound. | | | The natural-law school did not deny that the details of legal regulation depended upon the will of the sovereign. |
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http://www.encyclopedia.com/html/j/jurispru.asp
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| | Duhaime's Canadian Law Dictionary : J-K |
| | Thus, jurisprudence" has come to refer to case law, or the legal decisions which have developed and which accompany statutes in applying the law against situations of fact. | | | The actual application of these statutes to facts is left to judges who consider not only the statute but also other legal rules which might be relevant to arrive at a judicial decision; hence, the "science". | | | A group of citizens randomly selected from the general population and brought together to assist justice by deciding which version, in their opinion, constitutes "the truth" given different evidence by opposing parties. |
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http://www.duhaime.org/dictionary/dict-jk.aspx
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| | The Texas State Senate: Senate Jurisprudence Committee |
| | Study the jurisdiction of all local and state courts, including civil and criminal justice courts. | | | The Senate Jurisprudence Committee is charged with conducting a thorough and detailed study of the following issues, including state and federal requirements, and preparing recommendations to address problems or issues that are identified. | | | Final Report of the Senate Jurisprudence Committee (4.1MB pdf) |
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http://www.senate.state.tx.us/75r/senate/commit/c550/c550_78.htm
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| | An Introduction to the Western Jurisprudence |
| | This problem is one of the elementary theoretical issues in administrative jurisprudence, which denotes the fundamental rules guiding the enactment and application of administrative law. | | | The third type of jurisprudence seeks to reveal the historical, moral, and cultural basis of a particular legal concept. | | | It is a basic course because we should not only make a good master of the laws, but also realize how and why the laws should be that, not be others. |
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http://www.guofa.info/xueshu/flyy/main_2_1.html
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| | Philosophe: Jurisprudence |
| | In 2001, the Kentucky Supreme Court had rejected the plaintiff's takings claim on the ground that he was required to exhaust available administrative remedies before filing an applied takings suit in court. | | | In addition to the Guantanamo case, as I have written, the Supreme Court is also considering cases testing the legal rights of American citizens caught either overseas or domestically. | | | In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. |
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http://www.ullrey.us/liberty/jurisprudence
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| | John Austin |
| | Analytical jurisprudence, an approach to theorizing about law, has sometimes been confused with what the American legal realists (an influential group of theorists prominent in the early decades of the 20th century) called “legal formalism”—a narrow approach to how judges should decide cases. | | | The constitutive rules that determine who the legal officials are and what procedures must be followed in creating new legal rules, “are not commands habitually obeyed, nor can they be expressed as habits of obedience to persons.” (Hart 1958: p. | | | In the criteria set out above, Austin succeeded in delimiting law and legal rules from religion, morality, convention, and custom. |
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http://plato.stanford.edu/entries/austin-john
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| | Jurisprudence - OneLook Dictionary Search |
| | Words similar to Jurisprudence: law, jurisprudential, jurisprudentially, legal philosophy, more... | | | Jurisprudence : Duhaime's Canadian law dictionary [home, info] | | | jurisprudence : US Envirionmental Protection Agency Terminology Reference System [home, info] |
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http://www.onelook.com/?w=Jurisprudence&ls=a
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| | 19.8.42 /legislation & jurisprudence |
| | As with epidemiologic terms which are added whether or not discussed, the geographic terms added for legal or judicial articles need not be discussed but only mentioned. | | | If the legal or judicial concept needed is a specific aspect for which we have a heading, index the specific subject (IM) and the specific law or jurisprudence aspect (IM) but do not add LEGISLATION or JURISPRUDENCE. | | | When an article discusses legal or judicial aspects of a term for which /legis is not an AQ, coordinate the specific subject (IM) with LEGISLATION (NIM) for legislative aspects or with JURISPRUDENCE (NIM) for judicial aspects. |
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http://www.nlm.nih.gov/mesh/indexingmanual/19_8_42.htm
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| | Islamic jurisprudence and its sources |
| | In Algeria, for example, the shari'ah is not specifically mentioned as a source of jurisprudence, yet mixed marriages are prohibited. | | | Often shari'ah courts, dealing with such cases, existed next to secular courts, which dealt with all remaining cases. | | | It opposed any form of human finding of justice. |
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http://www.steinigung.org/artikel/islamic_jurisprudence.htm
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| | Jurisprudence 315 - U.Miami School of Law |
| | Lon L. Fuller, The Problems of Jurisprudence 2-26 (1949). | | | Stephen E. Gottlieb, Jurisprudence: Cases and Materials 10-17 (1993). | | | Stephen E. Gottlieb, Jurisprudence: Cases and Materials 81-95 (1993) 168 |
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http://osaka.law.miami.edu/~froomkin/jurisprudence
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| | Amazon.com: Patterns of American Jurisprudence: Books: Neil Duxbury |
| | Duxbury proceeds from the "challenge to formalism" in the 1870's to legal realism, then on to Lasswell & McDougal's "policy science," followed by a highly interesting discussion on the legal process school, succeeded by a very long detailed examination of "economics in law," and finishing with an extended discussion of the critical legal studies movement. | | | Subjects > Law > Perspectives on Law > Jurisprudence | | | By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has evolved as a collection of themes which reflect broader |
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http://www.amazon.com/exec/obidos/tg/detail/-/0198264917?v=glance
(1006 words)
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| | Jurisprudence Readings |
| | It is my view that jurisprudence (legal theory) should have as its goal the improvement of law and the legal system, and that jurisprudence which does not is unethical. | | | The Concept of Law set the terms of the debate about jurisprudence. | | | The second theme, which is perhaps the pathology of contemporary jurisprudence, is the notion that judges exercise discretion in deciding novel cases, cases which fall in the "gaps" in the law. |
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http://gsulaw.gsu.edu/pwiseman/home_pages/Jurisprudence/readings.html
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| | Yale Law Journal Archive |
| | Holmes concluded that the "property" the Constitution protected was the set of advantages an owner enjoyed under existing positive law, and thus rejected the "police power" tradition in American constitutional property jurisprudence. | | | He also determined that there was no qualitatively separate category of positive law advantages t hat the Constitution protected as property, thereby rejecting the "vested rights" tradition. | | | Judges and scholars alike laud Justice Holmes's opinion in Pennsylvania Coal v. |
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http://www.yalelawjournal.org/106/106-3ab2.html
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| | Search Results for jurisprudence - Encyclopædia Britannica |
| | Activity based lesson plan on different types of jurisprudence such as criminal, civil, consumer, and family law, and their effect on citizens. | | | Analysis by Michael Weiss and Cathy Young (June 19, 1996) examining the views of feminist legal theorists and arguing that these scholars are trying to rewrite the law in favor of special treatment. | | | Unlike the Romans, who considered ritual law (fas) God-given and social law (lex) man-made, the rabbis believed all Jewish law to be of divine origin. |
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http://www.britannica.com/search?query=jurisprudence&submit=Find&source=MWTEXT
(381 words)
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| | CATHOLIC ENCYCLOPEDIA: Law |
| | A classification of law, as limited to law administered in the courts, and familiar to Roman jurisprudence, is that of law in the strict sense and equity (jus strictum et jus aequum et bonum). | | | Equity is often taken as synonymous with natural justice. | | | If the legislative power belongs to a people itself it can impose obligation upon itself as a whole, if it has not this power the obligation can only be formed with the consent of the lawgiver (see CUSTOM). |
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http://www.newadvent.org/cathen/09053a.htm
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| | The Jurisprudence of Constitutional Interpretation |
| | Legal realism holds that judges do more than apply law; they make law, and in fact, have vast amounts of discretion. | | | Critics claim it leads to inconsistent decision making, and represents a static, non-living document view of the Constitution. | | | Legal reform is as old as history; as long as civilization keeps moving, the law must move with it. |
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http://faculty.ncwc.edu/toconnor/410/410lect02.htm
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| | "Jurisprudence" Defined |
| | JURISPRUDENCE - The study of law and the structure of the legal system. | | | The 'Lectric Law Library's Lexicon On * Jurisprudence * | | | In a more confined sense, jurisprudence is the practical science of giving a wise interpretation to the laws and making a just application of them to all cases as they arise. |
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http://www.lectlaw.com/def/j025.htm
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| | Fiqh - Wikipedia, the free encyclopedia |
| | Technically, Fiqh expounds the methodology by which Islamic law is derived from primary and secondary sources, keeping in view the existing time and space. | | | It must be said that although the four schools differed on various aspects of Islamic jurisprudence due to their varying interpretation of the Qur'an and Hadiths, the four schools as a whole remained united in terms of Islam as a whole. | | | The four classical sunni schools which are, in chronological order : the Hanafi school, the Maliki school, the Shafi'e school and the Hanbali school, which represent the generally accepted Sunni authority for Islamic jurisprudence. |
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http://en.wikipedia.org/wiki/Islamic_jurisprudence
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| | Unisa Online - jurisprudence |
| | Is part of Unisa’s Law Faculty, was previously known as the Department of Legal History, Comparative Law and Legal Philosophy. | | | These three fields will give you an idea of the subject fields covered by the Department of Jurisprudence. |
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http://www.unisa.ac.za/faculty/law
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| | MEDICAL JURISPRUDENCE - LoveToKnow Article on MEDICAL JURISPRUDENCE |
| | Louis also wrote on death from hanging, and pointed out the mode by which we may distinguish murder from suicide under such circumstances. | | | The connection between mcdicine and the law was perceived long before medical jurisprudence was recognized, or had obtained a distinct appellation. | | | It was not, however, by thi testimony of living medical witnesses that such questions wer to be settled, but on the authority of Hippocrates. |
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http://6.1911encyclopedia.org/M/ME/MEDICAL_JURISPRUDENCE.htm
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| | Jurisprudence (Legal Theory) |
| | Essentially, the statement is identical to the Theory of Adjudication of Dworkin who pictures law as a gapless legal universe in which there is always a correct answer. | | | Bodenhermer, Edgar Jurisprudence - The Philosophy and Method of the Law. | | | Christie, George C. Jurisprudence - Text and Readings on the Philosophy of Law. |
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http://www.jasononline.com/law/juris.htm
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| | Article7: Brain Death in Islamic Jurisprudence |
| | Some jurists have interpreted the Qur`anic prohibition to permit exceptions as cases required in different contexts. | | | The legal precedents and principles provided by the Qur`an and Sunna were used to develop an elaborate system of rules of jurisprudence. | | | In applied jurisprudence, these methods are not seen as contrary to the strict enforcement of the prohibition. |
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http://www.people.virginia.edu/~aas/article/article7.htm
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| | Centerfield: Neoconservative jurisprudence |
| | Well, most of the cases recently discounted in Hamdi and Al-Odah/Rasul are WWII-era cases (e.g., Quirin, Korematsu), but American constitutional jurisprudence has come a long way since then, especially in the habeas corpus context (habeas corpus being the mechanism by which the detainees are demanding the Administration explain their detention). | | | Based on the Administration's continued, stubborn use of precedents apparently discounted by the Supreme Court of the United States in recent cases (a point I've raised here at Centerfield here and here), the observation of an emerging paradigm shift may be an accurate one. | | | Justice Scalia is the most well-known, but certainly not the only, advocate of this approach to constitutional interpretation. |
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http://www.centristcoalition.com/blog/archives/001718.html
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| | Medical jurisprudence definition - Medical Dictionary definitions of popular medical terms |
| | Medical jurisprudence: The branch of the law that deals with the application of law to medicine or, conversely, the application of medical science to legal problems. | | | Medical jurisprudence may be involved in cases concerning genetic relationships (eg, paternity testing) or injury or death resulting from violence. | | | Medical jurisprudence definition - Medical Dictionary definitions of popular medical terms |
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http://www.medterms.com/script/main/art.asp?articlekey=23312
(238 words)
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| | Gonzales v. Raich, case no. 03-1454 |
| | If you like law stuff, you can visit Lawrence Solum's Legal Theory Blog which, he says, comments and reports on recent scholarship in jurisprudence, law and philosophy, law and economic theory, and theoretical work in substantive areas, such as constitutional law, cyberlaw, procedure, criminal law, intellectual property, torts, and contracts. | | | That is not everyone’s cup of tea, but you can find |
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http://www.justabovesunset.com/id851.html
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| | THE BACKGROUND TO MONASTIC JURISPRUDENCE |
| | Neither do they give any information as to the procedure of implementing a punishment against a transgressor. | | | Therefore the circumstances under which a person resorts to exception and the aim for which it is done are the main pillars over which the edifice of monastic jurisprudence has been erected by the Jaina church. | | | Before entering into the details Of monastic jurisprudence, it may be worthwhile to- summarize the main characteristics of the nature of evidence for the study of the subject. |
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http://www.jainworld.com/jainbooks/images/27/THE_BACKGROUND_TO_MONASTIC.htm
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| | ENCYCLOPEDIA OF ISLAMIC JURISPRUDENCE |
| | Updated Terminology Search: searches on the level of the updated terminology of the studies of Jurisprudence and the principles of Jurisprudence. | | | Containing all the rules of Jurisprudence and the Principles of Jurisprudence. | | | Rules: includes Rules of Jurisprudence and Principles of Jurisprudence. |
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http://www.harf.com/products/eng/fkh.htm
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| | SSRN-The Lost Jurisprudence of the Ninth Amendment by Kurt Lash |
| | Long assumed never to have received significant attention from the Supreme Court, in fact the first discussion and application of the Ninth Amendment was by none other than Justice Joseph Story himself. | | | The second of two articles addressing the Lost History of the Ninth Amendment, The Lost Jurisprudence takes a comprehensive look at the Ninth Amendment jurisprudence which flourished from the early nineteenth to the mid-twentieth century. | | | SSRN-The Lost Jurisprudence of the Ninth Amendment by Kurt Lash |
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http://papers.ssrn.com/sol3/papers.cfm?abstract_id=615701
(342 words)
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| | Employment Insurance Jurisprudence Library — Simple Search |
| | All CUBs, employment insurance related Federal Court and Supreme Court decisions as well as HRSDC's selected significant CUBs are available in "extended search". | | | We invite you to search a sub-collection of CUBs singled out as being "Significant Decisions": | | | Want to know more about the Jurisprudence Library and how it works? |
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http://www.ei-ae.gc.ca/en/library/search.shtml
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| | Legal Theory |
| | LEGPHIL@lists.lrz-muenchen.de (Legal Philosophy; list for academic discussions, announcements, and bibliographical references on the philosophy of law, legal theory, sociology of law, methods of law, philosophy of state and constitution) Send the following message to majordomo@lists.lrz-muenchen.de: subscribe legphil | | | Feminist Theory and Feminist Jurisprudence on the WWW (Kim Dayton, University of Kansas School of Law) | | | books on jurisprudence (catalog of the Biddle Law Library, University of Pennsylvania) |
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http://www.jurist.law.pitt.edu/sg_thry.htm
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| | Law & Society Weblog » What’s wrong with Jurisprudence? |
| | [Jurisprudence] Even jurisprudes (analytic legal philosophers), in addition to other legal theorists, are coming to the slow and painful realization that something has gone terribly wrong in legal philosophy. | | | But Dworkin is right in making the point that the problem is with the scholars and their discursive practices not with jurisprudence as such. | | | This also seems wrong to me, at least in the case of several seemingly paradigm cases of contemporary jurisprudence. |
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http://www.hfkdocs.com/blog/archives/119
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| | UCL Laws: Jurisprudence Review |
| | The Jurisprudence Review was established 9 years ago 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. | | | The essays included in this volume were produced by 3rd year LL.B students in the mandatory full year course in Jurisprudence and by students on the LLM course. |
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http://www.ucl.ac.uk/laws/jurisprudence/jurisprudence-review/index.shtml?2002
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| | Feminist jurisprudence - Wex |
| | Feminist jurisprudence is a philosophy of law based on the political, economic, and social equality of sexes. | | | Though feminists share common commitments to equality between men and women, feminist jurisprudence is not uniform. | | | As a field of legal scholarship, feminist jurisprudence began in 1960s. |
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http://www.law.cornell.edu/topics/feminist_jurisprudence.html
(536 words)
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| | Untitled Document |
| | There is no agreed-upon method for teaching Jurisprudence in American law schools. | | | For example, one of the popular whipping boys of the American legal realists is "formalism," called "conceptualism" by Roscoe Pound. | | | Douglas Patterson, a contemporary jurisprude, mentions in his foreward to his 2003 Blackwell's Anthology collection of edited essays that there is no canon of jurisprudential works at present for American lawyers/law students. |
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http://www.willamette.edu/~blong/Jurisprudence/Juris.html
(926 words)
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| | Jurisprudence |
| | Legal Semiotics and Legal Theory (Provides link to various articles) | | | The Rule of Law and its Relevance to the HKSAR (Short article) | | | Home >> Faculties and Departments >> Law >> Current Students >> Jurisprudence |
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http://www.nuigalway.ie/law/Courses/jurisprudence.html
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| | Jurisprudence الفقه |
| | English Articles, Books, Laws About Jurisprudence And Islamic Practical Laws |
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http://www.almujtaba.com/fiqh.html
(57 words)
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| | SSRN-Virtue Jurisprudence: A Virtue-Centered Theory of Judging by Lawrence Solum |
| | "Virtue jurisprudence" is a normative and explanatory theory of law that utilizes the resources of virtue ethics to answer the central questions of legal theory. | | | Finally, a virtue-centered approach best accounts for the practice of equity, departure from the rules based on the judge's appreciation of the particular characteristics of individual fact situations. | | | Email address for LAWRENCE B. University of Illinois College of Law |
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http://papers.ssrn.com/sol3/papers.cfm?abstract_id=369940
(346 words)
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| | UCL Laws: Jurisprudence at UCL |
| | Born of the philosophy on reform of Bentham and then Austin, on the the first professors, UCL has always specialised in legal philosophy and legal theory. | | | We have many opportunities for graduate students who want to study jurisprudence, legal or political philosophy. | | | Do visit our programmes section to view details of the courses offered at UCL. |
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http://www.ucl.ac.uk/laws/jurisprudence/index.shtml
(182 words)
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