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 20 of 500 for “"jurisprudence"”.
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Towards a Jurisprudence of Evil Law
This dissertation examines the link between law and extreme moral iniquity, seeking to provide a first comprehensive account of the nature of evil law. It consolidates existing philosophical discussions associated with evil law and enriches these debates by testing their arguments against the …
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Innominate contracts : an analysis of doctrine and jurisprudence
… an analysis into the available doctrine and jurisprudence regarding innominate contracts. Nevertheless, the primary objective is clarifying this ‘nominal’ grey area of contract law.
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Therapeutic Jurisprudence in Criminal Justice: A Gendered Engagement
… longstanding and growing interest in therapeutic jurisprudence (TJ) which spans over a quarter of a century. Over this time, TJ has found fertile ground in most Western criminal justice systems leading to many practical applications. On a conceptual level, however, we know very little about what …
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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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Toward an Ecofeminist Environmental Jurisprudence: Nature, Law, and Gender
This thesis develops a legal theory reflecting the insights of feminism and environmental philosophy. I argue that human beings are not ontologically separate, but embedded in webs of relationality with natural others. My primary purposes are to 1) delineate ways in which institutions of modernity …
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The Use of American Precedent in Australian Constitutional Jurisprudence
… development of Australian constitutional jurisprudence. Useful concepts derived from United States (US) Supreme Court (USSC) case law have been under-explored to date, and an increased willingness to draw upon US constitutional experience (including ‘thick’, empirically-informed doctrinal …
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The Jurisprudence of Nelson Mandela: A Testament to Dignity
… I advance the thesis that Nelson Mandela’s jurisprudence reflects a testament to dignity. Specifically, I argue that Mandela’s worldview can illuminatingly be translated into a Kantian-like discourse on human dignity, a discourse that reveals a Dworkinian-like jurisprudential orientation …
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A Hermeneutical Consideration of Islamic Jurisprudence on Same-Sex Acts
… of gender and sexuality. Classical Islamic jurisprudence categorically condemns same-sex acts; however, the legal consensus does not address the practice of same-sex identification or the emergence of gay rights organizations. This thesis offers an analysis of the Islamic sources (the Qur'an …
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Strasbourg Jurisprudence in Domestic Courts under the Human Rights Act
… courts to ‘take into account’ Strasbourg jurisprudence but does not bind them to it. Neither does s.2 oblige domestic courts to follow it, imitate it or restrict themselves to it. However, judicial guidance to ‘follow’ the ‘clear and constant’ Strasbourg jurisprudence has fed a restrictive …
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Religious institutions and associational freedom in U.S. Supreme Court jurisprudence.
… I analyze inconsistencies in the Court's jurisprudence concerning freedom of religion and freedom of association; I explore the (individualistic) philosophical assumptions animating the justices' reasoning in some of these cases; and I articulate the principles that are necessary for the …
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The Autonomy of Jurisprudence Vindicated: Truth, Necessity, and Conceptual Analysis
What is analytical jurisprudence? The mainstream understanding is that it is a descriptive project of investigating the nature of law by revealing necessary truths about law through the method of conceptual analysis. In recent years this mainstream understanding has been challenged on two fronts: …
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Incapacity, disability and dismissal : the implications for South African labour jurisprudence
… analysis was made drawing on American disability jurisprudence and Canadian disability jurisprudence to illustrate the difference in approach between the two legal systems with a suggestion that the Canadian approach was better suited to the development of a South African disability law. And the …
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Towards a vegan jurisprudence : the need for a reorientation of human rights
The objective of this thesis is to develop a new way of thinking about the theory and practice of human rights to accommodate the demands of vegans for basic moral rights for nonhuman animals. The work firstly outlines the ways in which the claims of vegans, under the right to freedom of thought …
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Rights jurisprudence and the charter : evaluating the changing structure of Canadian federalism /
… of Confederation - federalism - has kept this jurisprudence solely within the supremacy of Parliament, subject to its confines and division of powers. After 1982, however, a new constitutional organizing principle was introduced, when Prime Minister Pierre Trudeau introduced the patriation …
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The development of a juvenile sentencing jurisprudence in the absence of legislation
The South African Law Commission Project Committee submitted a report and draft Bill to Parliament on 8 August 2000 addressing the creation of a juvenile justice system.i Parliament has to date failed to implement legislation regulating juvenile justice in South Africa thereby failing to create a …
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A History of Establishment Clause Jurisprudence With Respect to Parochial School Funding
… study tracks the history of Establishment Clause jurisprudence with a research emphasis from Everson v. Board of Education (1947) to Zelman v. Simmons-Harris (2002) and illustrates how the philosophy of the United States Supreme Court has changed over time. Further context of the shift is provided …
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