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  1. Criminalisation as a Speech-Act: Saying Through Criminalising.J. P. Fassnidge - forthcoming - Criminal Law and Philosophy:1-20.
    The act of criminalising conduct has been understood by many theorists as a form of communication. This paper proposes a model, based on speech-act theory, for understanding how that act of communication works. In particular, it focuses on analysing how and where wrongfulness can appear in this speech-act, if one were to argue, as many theorists do, that part of what is being communicated through criminalisation is the wrongfulness of the target conduct. I argue that the act of criminalisation is (...)
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  • Presupposing Legal Authority.Robert Mullins - 2022 - Oxford Journal of Legal Studies 42 (2):411-437.
    The thesis that law necessarily claims authority is popular amongst legal philosophers. Some distinguished legal philosophers, including the late John Gardner, Joseph Raz and Scott Shapiro, have suggested that support for this thesis is found in legal officials’ use of deontic language. This article begins by considering the merits of this suggestion. I discuss two unpromising arguments for the claim thesis based on the use of deontic language in law. I then suggest that a more plausible basis for the claim (...)
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