Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 8 of 8 for “"Law and Philosophy"”.
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Rethinking Legal Pragmatism: A Philosophical Approach
… a contemporary spokesperson for legal pragmatism and the law and economics movement. Posner holds that academic philosophy and philosophical pragmatism in particular has no role to play in legal pragmatism as it manifests itself in the process of adjudication and the process of legal scholarship. …
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Realizing the Right to Health Care in Canada
International and domestic laws increasingly recognize health rights; international law clearly recognizes a right to health that includes health care entitlements and approximately 69% of domestic constitutions include a right to health care. Recognition of a positive right to health care has been …
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DIM Theory Applied to Law: The Disintegration of American Law
<p>Plato, Aristotle, and Montesquieu each argued the importance of law to political regime and Constitution. The ancients emphasized the law as the rational component of the regime and Montesquieu applied some of the first political science to show how political regimes rely upon law. Still, the …
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A study in the development of Tertullian's use and interpretation of Scripture, with special reference to his involvement in the New Prophecy
… consideration of the North African writer's use and interpretation of Scriptural texts in which a change in exegesis could be detected after he became involved in the New Prophecy. From this analysis, I hoped to draw some useful conclusions. However, I soon realised that the task in hand was not …
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Islamic Legal Positivism : Reforming Islamic Jurisprudence Using the Equity
Authoritative legal sources from which laws are derived are the decisive factors that determine the prosperity or failure of a nation. The ancient legal sources can be properly categorized as those sources most likely contribute to misery. In contrast, modern legal sources like public interest, …
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A Philosophical Defense of Judicial Minimalism
<p>This dissertation analyzes, criticizes and ultimately defends judicial minimalism, a contemporary theory of judging that has come to the forefront of American jurisprudence in the early part of the 21st Century. In this dissertation I offer the first formal definition of judicial minimalism, …
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Confronting Founding Injustices: Reconstructive Constitutional Adjudication and Constitutional Legitimacy in Postcolonial States
… proliferated while legitimacy remains uneven and contested. Existing scholarship explains variation in constitutional legitimacy in postcolonial states through three dominant paradigms. Institutionalist theories equate legitimacy with procedural design and endurance, presuming that stable …
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Disproportionate Realities: The Climate Justice Implications of Mitigation Policies Across Scales
… will have disproportionate effects on low-income and minority communities around the world producing important justice challenges. As national governments increasingly rely on local governments, civil society, and private transnational actors to establish and implement climate actions policies, it …