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 15 of 15 for “"legal philosophy"”.
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The legal philosophy of al-Ghazali: law, language and theology in al-Mustasfa
… to place one of al-Ghazali's last writings on legal theory (Usul al-figh), al-Mustafa, in perspective and evaluate its significance in the genre of Usul al-figh literature. The focus of this thesis is the interface between law, language and theology as it manifests itself in a 'close reading' …
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The Legal Philosophies of Religious Zionism 1937-1967
… It identifies a fundamental shift in the legal philosophy of religious Zionists, demonstrating that around the time of the establishment of the State of Israel, religious Zionists developed a new way of thinking about the relationship between law and the state. Before this shift took …
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Razian Authority and Law
… I will examine the consequences of applying the legal philosophy of Joseph Raz in real world situations. I will argue that if most legal systems actually attempted to adhere to, and accept his theory in all its parts, the legal systems in question would have serious problems. In particular, the …
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Private Law, Public Right and the Duty to Rescue
… reliance of corrective justice upon Kantian legal philosophy. Further, by returning to an equality-based approach grounded in Aristotle’s principle of corrective justice, this thesis indicates the appropriate method for situating private law within a public realm. Finally, through a careful …
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Communicating violence risk: judicial decision making in involuntary civil commitments
… and whether the attributes of role orientation, legal philosophy, and Fear of False Negatives (FFN) impact the decision-making process. A national sample of 403 judges completed the study, which produced an 18.28% response rate. Each participant was randomly selected to receive one of ten risk …
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Embracing Ethical Life: Hegel on Freedom, Solidarity, and Law
… mainstream debates in social, political, and legal philosophy. I begin with an abstract and structural characterization of Hegel's conception of freedom as a theory of self-realization that is historical, not metaphysical, that represents a substantive move away from the voluntarist tradition, …
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Legal aspects of sanitary engineering facilities
A study of 160 legal cases involving sanitary engineering facilities was made. Each case was read, summarized, and commented upon by the writer. Emphasis was placed on the engineering information contained in each case, with discussion of legal principles which pertain to the particular engineering …
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Religious Liberty in Contemporary Evangelical Social Ethics: An Assessment and Framework for Socio-political Challenges
… been ceded, almost exclusively, to political and legal philosophy. At the same time, religious liberty is a foundational principle for evangelical public theology because it addresses issues of how evangelicals enter the public square as a religious people. Additionally, a doctrine of religious …
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RE-EVALUATING VULNERABILITY IN THE COMMON EUROPEAN ASYLUM SYSTEM: TOWARDS A MORE SENSITIVE AND EFFECTIVE IDENTIFICATION AND ASSESSMENT APPROACH FOR VULNERABLE ASYLUM SEEKERS.
… shortcomings, the thesis develops a conceptual-legal framework that conceptualises vulnerability as layered, intersectional, and mediated by law. Drawing on feminist ethics, legal philosophy, socio-legal scholarship, and the work of Fineman, Butler, Mackenzie, Luna, Gilodi, and Moreno-Lax & …
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A legal study of the right to life in the European Convention on Human Rights and Islam
… system that is obliged to consider other legal systems because of the influence of those systems both inside its jurisdiction and outside it. Islamic law or Shariah is a major legal system that commands a great deal of respect and compliance in and around the geographical territories of …
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Domestic Violence and Systemic Deception in the Family Legal System: A Compelling Case for Truthful Reform
This thesis investigates the law and legal philosophy behind New Zealand’s response to domestic violence. As a feature of common law reasoning, legal fiction, asserting something to be true when it is not true, persists as an important mechanism in judicial fact finding. In family law, the …
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Accepting Freedom: Legal Normativity Without Political Obligation
This dissertation examines the nature of legality (i.e. the quality of being law) and provides a unique understanding of legal normativity.
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A Kantian nonideal theory of punishment
Submission original under an indefinite embargo labeled 'Open Access'. The submission was exported from vireo on 2024-09-16 without embargo terms
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A Care Ethical Theory of Political Obligation
The ethics of care – an approach in moral philosophy with feminist roots – understands care not just as a social phenomenon (as a type of action, relationship, or practice), but also as a crucial moral value. This thesis draws on the ethics of care to explore the question of political obligation: …
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A theory of configurative fairness for evolving International legal orders: linking the scientific study of value subjectivity to Jurisprudential thought
Values matter in both legal decision (lawmaking and lawapplying) and<br/>discourse (lawshaping and lawinfluencing). Yet, their purported subjectivity<br/>means that gaining or improving knowledge about values (whether they be<br/>epistemic, legal, moral, ethical, economic, political, cultural, …