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The efficacy condition

Legal Theory 25 (4):225-243 (2019)

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  1. The Official Story of the Law.William Baude & Stephen E. Sachs - 2023 - Oxford Journal of Legal Studies 43 (1):178-201.
    A legal system’s ‘official story’ is its shared account of the law’s structure and sources, which members of its legal community publicly advance and defend. In some societies, however, officials pay lip service to this shared account, while privately adhering to their own unofficial story instead. If the officials enforce some novel legal code while claiming fidelity to older doctrines, then which set of rules—if either—is the law? We defend the legal relevance of the official story, on largely Hartian grounds. (...)
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