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  1. added 2019-01-25
    Theories of Vagueness and Theories of Law.Alex Silk - forthcoming - Legal Theory.
    It is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought. I focus on four putative implications discussed in the literature concerning (i) the value of vagueness in the law, (ii) the possibility and value of legal indeterminacy, (iii) the possibility of the rule of (...)
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  2. added 2018-09-20
    Hybrid Dispositionalism and the Law.Teresa Marques - 2019 - In Kevin Toh, David Plunkett & Scott Shapiro (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press.
    Dworkin’s famous argument from legal disagreements poses a problem for legal positivism by undermining the idea that the law can be (just) the result of the practice and attitudes of norm-applying officials. In recent work, the chapter author argued that a hybrid contextualist theory paired with a dispositional theory of value—a hybrid dispositionalism, for short—offers the resources to respond to similar disagreement- based arguments in other evaluative and normative domains. This chapter claims that the theory the author advocates can extend (...)
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  3. added 2016-06-24
    Legal Speech and Implicit Content in the Law.Luke William Hunt - 2016 - Ratio Juris 29 (1):3-22.
    Interpreting the content of the law is not limited to what a relevant lawmaker utters. This paper examines the extent to which implied and implicit content is part of the law, and specifically whether the Gricean concept of conversational implicature is relevant in determining the content of law. Recent work has focused on how this question relates to acts of legislation. This paper extends the analysis to case law and departs from the literature on several key issues. The paper's argument (...)
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