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  1. The intentionalist controversy and cognitive science.Raymond W. Gibbs - 1993 - Philosophical Psychology 6 (2):181-205.
    What role do speakers'/authors’ communicative intentions play in language interpretation? Cognitive scientists generally assume that listeners'/readers’ recognitions of speakers'/authors’ intentions is a crucial aspect of utterance interpretation. Various philosophers, literary theorists and anthropologists criticize this intentional view and assert that speakers'/authors’ intentions do not provide either the starting point for linguistic interpretation or constrain how texts should be understood. Until now, cognitive scientists have not seriously responded to the current challenges regarding intentions in communication. My purpose in this article is (...)
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  • Liberal politics and the judiciary: The supreme court and american democracy.Richard Bellamy - 1997 - Res Publica 3 (1):81-96.
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  • New Textualism: The Potholes Ahead.Gregory Bassham & Ian Oakley - 2015 - Ratio Juris 28 (1):127-148.
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  • Death’s Dominion: An Appreciation of Ronald Dworkin. [REVIEW]Michael A. Ashby - 2013 - Journal of Bioethical Inquiry 10 (3):283-285.
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  • Deliberative Democracy and Constitutional Review.Christopher F. Zurn - 2002 - Law and Philosophy 21 (4/5):467 - 542.
    Recent work in democratic theory has seriously questioned the dominant pluralist model of self-government and recommended the adoption of a ‘deliberative’ conception of constitutional democracy. With this shift in basic political theory, the objection to judicial review, often voiced in jurisprudential theory, as an anti-democratic instance of paternalism merits another look. This paper argues that the significant differences between four recent theories of constitutional review—put forward by Ely, Perry, Dworkin, and Habermas—are best understood as arising from different positions taken on (...)
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  • Strange DNA: The rise of DNA Analysis for Family Reunification and its Ethical Implications.Martin G. Weiss - 2011 - Genomics, Society and Policy 7 (1):1-20.
    DNA analysis for family reunification is a longstanding and widespread practice, but also a highly problematic one, as it is a battleground of conflicting values and interests, which have to be carefully weighed against each other: on the one hand, the right of the sovereign state to regulate immigration and prevent fraud and child trafficking; on the other hand, the right to privacy and family life. Beyond the problem of how to balance these different interests, DNA analysis for family reunification (...)
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  • Equal protection remedies: The errors of liberal ways and means.Rogers M. Smith - 1993 - Journal of Political Philosophy 1 (3):185–212.
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  • Cybernetic legal analysis and human agency.Alessandra Lippucci - 1998 - Res Publica 4 (1):77-116.
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  • Meaning, Time and the Law: Ex Post and Ex Ante Perspectives. [REVIEW]Christopher Hutton - 2009 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 22 (3):279-292.
    This paper considers the tension between timelessness and timeboundedness in legal interpretation, examining parallels between sacred texts and secular law. It is argued that familiar dualities such as those between statute and judge-made law, law and equity, written and spoken discourse, dictionary meaning versus intended or contextual meaning, can be examined using this timeless/timebounded framework. Two landmark English cases, DPP v Shaw (1961) and R v R (1991) are analyzed as illustrating contrasting aspects of the socio-legal politics of “reasoning backwards”. (...)
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  • Constitutional interpretation: Originalism.Jeffrey Goldsworthy - 2009 - Philosophy Compass 4 (4):682-702.
    Constitutional interpretation is problematic because it can be difficult to distinguish legitimate interpretation from illegitimate change. The distinction depends largely on what a constitution is. A constitution, like any other law, necessarily has a meaning, which pre-exists judicial interpretation: it is not a set of meaningless marks on paper. Any plausible constitutional theory must offer an account of the nature of that meaning. In doing so, it must address two main questions. The first is whether the meaning of the constitution (...)
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  • Ragione pubblica, democrazia e comunità politica. Un riesame delle critiche.Stephen Macedo - 2010 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 14:23-50.
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  • Preference, principle, and political casuistry.Eric D. Knowles & Peter H. Ditto - 2012 - In Jon Hanson (ed.), Ideology, Psychology, and Law. Oup Usa. pp. 341.
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