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Simple-minded originalism

In Grant Huscroft & Bradley W. Miller (eds.), The challenge of originalism: theories of constitutional interpretation. New York: Cambridge University Press (2011)

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  1. Defeasibility, Law, and Argumentation: A Critical View from an Interpretative Standpoint.Francesca Poggi - 2020 - Argumentation 35 (3):409-434.
    The phenomenon of defeasibility has long been a central theme in legal literature. This essay aims to shed new light on that phenomenon by clarifying some fundamental conceptual issues. First, the most widespread definition of legal defeasibility is examined and criticized. The essay shows that such a definition is poorly constructed, inaccurate and generates many problems. Indeed, the definition hides the close relationship between legal defeasibility and legal interpretation. Second, this essay argues that no new definition is needed. I will (...)
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  • In Defense of the Standard Picture: The Basic Challenge.Larry Alexander - 2021 - Ratio Juris 34 (3):187-206.
    In this article I defend what Mark Greenberg has labeled the standard picture of law against the attack on it by Greenberg and Scott Hershovitz. I point out that law on the standard picture’s conception of it has moral virtues that Greenberg's own moral impact theory and Hershovitz’s similar theory lack. Moreover, it avoids a vicious circularity that bedevils Greenberg’s theory.
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