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  1. added 2020-07-21
    The Logic of Exemplarity.Jakub Mácha - forthcoming - Law and Literature (online first):1-15.
    The topic of exemplarity has attracted considerable interest in philosophy, legal theory, literary studies and art recently. There is broad consensus that exemplary cases mediate between singular instances and general concepts or norms. The aim of this article is to provide an additional perspective on the logic of exemplarity. First, inspired by Jacques Derrida’s discussion of exemplarity, I shall argue that there is a kind of différance between (singular) examples and (general) exemplars. What an example exemplifies, the exemplarity of the (...)
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  2. added 2020-06-13
    Anscombe on the Sources of Normativity.Katharina Nieswandt - 2017 - Journal of Value Inquiry 51 (1):141-163.
    Anscombe is usually seen as a critic of “Modern Moral Philosophy.” I attempt a systematic reconstruction and a defense of Anscombe’s positive theory. Anscombe’s metaethics is a hybrid of social constructivism and Aristotelian naturalism. Her three main claims are the following: (1) We cannot trace all duties back to one moral principle; there is more than one source of normativity. (2) Whether I have a certain duty will often be determined by the social practices of my community. For instance, duties (...)
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  3. added 2020-04-21
    The Nature and Value of Vagueness in the Law.Hrafn Asgeirsson - 2020 - Oxford: Hart Publishing.
    Sample chapter from H. Asgeirsson, The Nature and Value of Vagueness in the Law (Hart Publishing, 2020), in which I present and partially defend a version of what has come to be called the communicative-content theory of law. Book abstract: Lawmaking is – paradigmatically – a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, what they communicate is sometimes vague (...)
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  4. added 2019-10-08
    Мовне законодавство України, Грузії та Молдови: порівняльний аспект.Nadiya Trach - 2017 - Language: Classic – Modern – Postmodern 3:77-85.
    У статті висвітлено особливості мовного законодавства трьох пострадянських країн – України, Грузії та Молдови. Окреслено історичну перспективу мовно-політичного дискурсу з часів розпаду Радянського Союзу. Особливу увагу приділено конституційному затвердженню статусу державних мов, нещодавньо ухваленим чи напрацьованим законам та законопроектам, ролі конституційних судів у регулюванні мовного питання. На додаток, розглянуто специфіку регулювання вжитку мов національних меншин.
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  5. added 2019-05-06
    Law as Trope: Framing and Evaluating Conceptual Metaphors.Lloyd Harold Anthony - 2016 - Pace Law Review 37.
    Like others who work with language, many lawyers no doubt appreciate good kennings. However, metaphors also play a much deeper role in thought and law than style, ornament, or verbal virtuosity. As we shall see, metaphors play a necessary role in our categories of thought. As a result, metaphors are a necessary part of thought itself, including legal thought.
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  6. added 2019-05-06
    Law's "Way of Words:" Pragmatics and Textualist Error.Harold Anthony Lloyd - 2016 - Creighton Law Review 49.
    Lawyers and judges cannot adequately address the nature of text, meaning, or interpretation without reference to the insights provided by linguists and philosophers of language. Exploring some of those insights, this article focuses upon what linguists and philosophers of language call “pragmatics.” Pragmatics examines the relations between words and users rather than the relations of words to words (syntax) or the relations of words to the world (semantics). In other words, pragmatics studies how language users actually use and interpret words (...)
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  7. added 2019-03-13
    Das Normative "Ist".Rafael Ferber - 1988 - Zeitschrift für Philosophische Forschung 42 (3):371 - 396.
    Despite the fact that Aristotle and Frege/Russell differ in how to understand the ambiguity in the meaning of the word “is”, their theories share a common feature: “is” does not have a normative meaning. This paper, however, (I) shows (a) that there is a normative meaning of “is” (and correspondingly a constative meaning of the word “ought”) and (b) that the ambiguity of “is” is itself ambiguous. Furthermore, it proposes (c) a performative criterion for making a distinction between constative and (...)
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  8. added 2019-01-25
    Theories of Vagueness and Theories of Law.Alex Silk - 2019 - Legal Theory 25 (2):132-152.
    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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  9. 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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  10. added 2018-05-10
    Human Rights and the Forgotten Acts of Meaning in the Social Conventions of Conceptual Jurisprudence.William Conklin - 2014 - Metodo. International Studies in Phenomenology and Philosophy 2 (1):169-199.
    This essay claims that a rupture between two languages permeates human rights discourse in contemporary Anglo-American legal thought. Human rights law is no exception. The one language is written in the sense that a signifying relation inscribed by institutional authors represents concepts. Theories of law have shared such a preoccupation with concepts. Legal rules, doctrines, principles, rights and duties exemplify legal concepts. One is mindful of the dominant tradition of Anglo-American conceptual jurisprudence in this regard. Words have been thought to (...)
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  11. added 2018-05-10
    Derrida's Territorial Knowledge of Justice.William Conklin - 2012 - In Ruth Buchanan, Stewart Motha & Sunday Pahuja (eds.), Reading Modern Law: Critical Methodologies and Sovereign Formations. London: Rutledge. pp. 102-129.
    Peter Fitzpatrick’s writings prove once and for all that it is possible for a law professor to write in beautiful English. His work also proves once and for all that the dominating tradition of Anglo-American legal philosophy and of law teaching has been barking up the wrong tree: namely, that the philosopher and professional law teachers can understand justice as nested in empty forms, better known as rules, doctrines, principles, policies, and other standards. The more rigorous our analysis or decomposition (...)
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  12. added 2018-05-10
    'Access to Justice' as Access to a Lawyer's Language.William Conklin - 1990 - Windsor Yearbook of Access to Justice 10:454-467.
    This essay claims that ‘access to justice’ has erroneously been assumed to be synonymous with invisible concepts instead of access to a lawyer’s language. The Paper outlines how a language concerns the relation between signifiers, better known as word-images, on the one hand, with signfieds, better known as concepts, on the other. The signifieds are universal, artificial and empty in content. Taking the Canadian Charter of Rights and Freedoms as an example, officials have assumed that Charter knowledge has involved signifieds (...)
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  13. added 2018-03-08
    What Does ‘Legal Obligation’ Mean?Daniel Wodak - 2018 - Pacific Philosophical Quarterly 99 (4):790-816.
    What do normative terms like “obligation” mean in legal contexts? On one view, which H.L.A. Hart may have endorsed, “obligation” is ambiguous in moral and legal contexts. On another, which is dominant in jurisprudence, “obligation” has a distinctively moralized meaning in legal contexts. On a third view, which is often endorsed in philosophy of language, “obligation” has a generic meaning in moral and legal con- texts. After making the nature of and disagreements between these views precise, I show how linguistic (...)
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  14. added 2017-09-21
    Quasi-Expressivism About Statements of Law: A Hartian Theory.Stephen Finlay & David Plunkett - forthcoming - In John Gardner, Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law, vol. 3. Oxford University Press.
    Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This consists in a (...)
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  15. added 2017-04-21
    Why Judicial Formalism is Incompatible with the Rule of Law.Matczak Marcin - manuscript
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  16. added 2017-04-21
    Does Legal Interpretation Need Paul Grice?Matczak Marcin - 2016 - Polish Journal of Philosophy 10 (1):67-87.
    By significantly diminishing the role intentions play in communication, in Imagination and Convention Lepore and Stone attempt to overthrow the Gricean paradigm which prevails in the philosophy of language. The approach they propose is attractive to theorists of legal interpretations for many reasons. Primary among these is that the more general dispute in the philosophy of language between Griceans and non-Griceans mirrors the dispute between intentionalists and non-intentionalists in legal interpretation. The ideas proposed in Imagination and Convention naturally support the (...)
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  17. added 2016-07-18
    Corporate Speech in Citizens United Vs. Federal Election Commission.Kirk Ludwig - 2016 - SpazioFilosofico 16:47-79.
    In its January 20th, 2010 decision in Citizens United vs. Federal Election Commission, the United States Supreme Court ruled that certain restrictions on independent expenditures by corporations for political advocacy violate the First Amendment of the Constitution, which provides that “Congress shall make no law […] abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Justice Kennedy, writing for the 5-4 majority, (...)
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