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The Concept of Law

Philosophical Review 72 (2):250 (1963)

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  1. What Is the Will Theory of Rights?David Frydrych - 2019 - Ratio Juris 32 (4):455-472.
    This article helps to clear up some misunderstandings about the Will Theory of rights. Section 2 briefly outlines the Theories of Rights. Section 3 elucidates some salient differences amongst self-described anti–Interest Theory accounts. Section 4 rebuts Carl Wellman’s and Arthur Ripstein’s respective arguments about the Will Theory differing from “Choice” or Kantian theories of a right. Section 5 then offers a candidate explanation of why people might subscribe to the Will Theory in the first place.
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  • Egalitarian Provision of Necessary Medical Treatment.Robert C. Hughes - 2020 - The Journal of Ethics 24 (1):55-78.
    Considerations of autonomy and independence, properly understood, support strictly egalitarian provision of necessary medical treatment. If the financially better-off can purchase access to necessary medical treatments that the financially less well-off cannot purchase without help, then their discretionary power to give or to withhold monetary gifts indirectly gives them the power to make life-and-death or sickness-and-health decisions for others. To prevent private citizens from having this objectionable form of power, government must ensure that citizens’ finances do not affect their access (...)
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  • The gap between macroeconomic and microeconomic health resources allocation decisions: The case of nurses.Michael Igoumenidis, Panagiotis Kiekkas & Evridiki Papastavrou - 2020 - Nursing Philosophy 21 (1):e12283.
    The allocation of healthcare resources takes place at two distinct levels. At the macroeconomic level, policymakers decide on budgets, staffing, cost‐effectiveness thresholds, clinical guidelines and insurance payments; at the microeconomic level, healthcare professionals decide on whom to treat, what the appropriate treatment is, how much time and effort should each patient receive and how urgent the need for care is. At both levels, there is a constant social need for just allocation. Policymakers are mostly guided by abstract principles of justice, (...)
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  • Recognizing Argument Types and Adding Missing Reasons.Christoph Lumer - 2019 - In Bart J. Garssen, David Godden, Gordon Mitchell & Jean Wagemans (eds.), Proceedings of the Ninth Conference of the International Society for the Study of Argumentation (ISSA). [Amsterdam, July 3-6, 2018.]. Sic Sat. pp. 769-777.
    The article develops and justifies, on the basis of the epistemological argumentation theory, two central pieces of the theory of evaluative argumentation interpretation: 1. criteria for recognizing argument types and 2. rules for adding reasons to create ideal arguments. Ad 1: The criteria for identifying argument types are a selection of essential elements from the definitions of the respective argument types. Ad 2: After presenting the general principles for adding reasons (benevolence, authenticity, immanence, optimization), heuristics are proposed for finding missing (...)
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  • (1 other version)Moral Cognitivism and Legal Positivism in Habermas's and Kan't Philosophy of Law.Delamar José Volpato Dutra & Nythamar de Oliveira - 2017 - Ethic@ - An International Journal for Moral Philosophy 16 (3):533-546.
    The hypothesis of this paper is that legal positivism depends on the non plausibility of strong moral cognitivism because of the non necessary connection thesis between law and morality that legal positivism is supposed to acknowledge. The paper concludes that only when based on strong moral cognitivism is it consistent to sustain the typical non-positivistic thesis of the necessary connection between law and morality. Habermas’s Philosophy of law is confronted with both positions.
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  • The Differend of Justice: Violence and Redemption in Dworkin's Justice for Hedgehogs.Charles Olney - 2019 - Journal of the American Philosophical Association 5 (2):158-173.
    This article uses Ronald Dworkin's argument for the unity of value to explore the redemptive core of modern legal order. Dworkin establishes a formal unity: all legal claims reside within a linked framework of moral justification. However, Jean-Francois Lyotard's concept of the differend exposes a lingering gap. Arguments within a moral universe do inevitably converge, but such unity is only possible due to the formative violence enactedbysuch orders. Dworkin hopes to provide the definitive statement against moral subjectivity, but in its (...)
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  • Kantian constructivism and the Reinhold–Sidgwick objection.Matthé Scholten - 2020 - European Journal of Philosophy 28 (2):364-379.
    In this paper, I give a reconstruction of the so‐called Reinhold–Sidgwick objection and show that Korsgaard‐style Kantian constructivists are committed to two key premises of the underlying argument. According to the Reinhold–Sidgwick objection, the Kantian conception of autonomy entails the absurd conclusion that no one is ever morally responsible for a morally wrong action. My reconstruction of the underlying argument reveals that the objection depends on a third premise, which says that freedom is a necessary condition for moral responsibility. After (...)
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  • Marianne Constable: Our word is our bond: How legal speech acts: Stanford University Press, Stanford, 2014, 232 pp, price: $27.95 , ISBN: 9780804774949.Chris Lloyd - 2016 - Feminist Legal Studies 24 (2):239-242.
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  • Authority, Illocutionary Accommodation, and Social Accommodation.N. P. Adams - 2020 - Australasian Journal of Philosophy 98 (3):560-573.
    By appeal to the phenomenon of presupposition accommodation, Rae Langton and others have proposed that speakers can gain genuine authority over their audiences when they implicitly claim such autho...
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  • Vertical precedents in formal models of precedential constraint.Gabriel L. Broughton - 2019 - Artificial Intelligence and Law 27 (3):253-307.
    The standard model of precedential constraint holds that a court is equally free to modify a precedent of its own and a precedent of a superior court—overruling aside, it does not differentiate horizontal and vertical precedents. This paper shows that no model can capture the U.S. doctrine of precedent without making that distinction. A precise model is then developed that does just that. This requires situating precedent cases in a formal representation of a hierarchical legal structure, and adjusting the constraint (...)
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  • Law-Determination as Grounding: A Common Grounding Framework for Jurisprudence.Samuele Chilovi & George Pavlakos - 2019 - Legal Theory 25 (1):53-76.
    Law being a derivative feature of reality, it exists in virtue of more fundamental things, upon which it depends. This raises the question of what is the relation of dependence that holds between law and its more basic determinants. The primary aim of this paper is to argue that grounding is that relation. We first make a positive case for this claim, and then we defend it from the potential objection that the relevant relation is rather rational determination (Greenberg 2004, (...)
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  • Unlocking Legal Validity: Some Remarks on the Artificial Ontology of Law.Paolo Sandro - 2018 - In Anne Mackor, Stephan Kirste, Jaap Hage & Pauline Westerman (eds.), Legal Validity and Soft Law. Cham: Springer Verlag.
    Following Kelsen’s influential theory of law, the concept of validity has been used in the literature to refer to different properties of law (such as existence, membership, bindingness, and more), and so it is inherently ambiguous. More importantly, Kelsen’s equivalence between the existence and the validity of law prevents us from accounting satisfactorily for relevant aspects of our current legal practices, such as the phenomenon of “unlawful law.” This chapter addresses this ambiguity to argue that the most important function of (...)
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  • 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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  • Now the Code Runs Itself: On-Chain and Off-Chain Governance of Blockchain Technologies.Wessel Reijers, Iris Wuisman, Morshed Mannan, Primavera De Filippi, Christopher Wray, Vienna Rae-Looi, Angela Cubillos Vélez & Liav Orgad - 2018 - Topoi 40 (4):821-831.
    The invention of Bitcoin in 2008 as a new type of electronic cash has arguably been one of the most radical financial innovations in the last decade. Recently, developer communities of blockchain technologies have started to turn their attention towards the issue of governance. The features of blockchain governance raise questions as to tensions that might arise between a strictly “on-chain” governance system and possible applications of “off-chain” governance. In this paper, we approach these questions by reflecting on a long-running (...)
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  • Nothing ‘Mere’ to It: Reclaiming Subjective Accounts of Normativity of Law.S. Swaminathan - 2019 - Journal of Human Values 25 (1):1-14.
    If the bindingness of morality was to rest on something as ‘subjective’ as the non-cognitivist says it does, the grouse goes, and morality itself would come down crashing. Nothing less than an ‘objective’ source of normativity, it is supposed, could hold morality in orbit. Some of these worries automatically morph into worries about the projectivist model of normativity of law as well: one which understands the authority or normativity of law in terms of subjective attitudes taken towards the law. As (...)
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  • Representative Legislatures, Grammars of Political Representation, and the Generality of Statutes.Dimitris Tsarapatsanis - 2018 - Ratio Juris 31 (4):444-459.
    This article explores the claim that representative legislatures should create general legal norms. After distinguishing the requirement that statutes be general from the broader rule‐of‐law idea that law be general, I concentrate on the French constitutional tradition to argue that the plausibility of the claim turns on the elucidation of a set of social norms and understandings about the proper role of representative legislatures mediating between abstract ideals of the common good and local practices. I call these norms grammars. The (...)
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  • A market of distrust: toward a cultural sociology of unofficial exchanges between patients and doctors in China.Cheris Shun-Ching Chan & Zelin Yao - 2018 - Theory and Society 47 (6):737-772.
    This article examines how distrust drives exchange. We propose a theoretical framework integrating the literature of trust into cultural sociology and use a case of patients giving hongbao (red envelopes containing money) to doctors in China to examine how distrust drives different forms of unofficial exchange. Based on more than two years’ ethnography, we found that hongbao exchanges between Chinese patients and doctors were, ironically, bred by the public’s generalized distrust in doctors’ moral ethics. In the absence of institutional assurance, (...)
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  • (1 other version)Property rights of personal data and the financing of pensions.Francis Cheneval - 2021 - Critical Review of International Social and Political Philosophy 24 (2):253-275.
    Property rights of personal data have been advocated for some time. From the perspective of economics of law some argued that they could lower transaction costs for contracts involving personal data. This may be the case, but new transaction costs are introduced by propertization and the issue has not been settled. In this paper, I focus on a different and potentially more important aspect. In the actual situation, data collectors externalize costs and internalize benefits. An ownership regime that enables every (...)
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  • Freedom without law.Harrison P. Frye - 2018 - Politics, Philosophy and Economics 17 (3):298-316.
    Untangling the relationship of law and liberty is among the core problems of political theory. One prominent position is that there is no freedom without law. This article challenges the argument that, because law is constitutive of freedom, there is no freedom without law. I suggest that, once properly understood, the argument that law is constitutive of freedom does not uniquely apply to law. It also applies to social norms. What law does for freedom, social norms can do too. Thus, (...)
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  • Constitutive Rules: Games, Language, and Assertion.Indrek Reiland - 2018 - Philosophy and Phenomenological Research 100 (1):136-159.
    Many philosophers think that games like chess, languages like English, and speech acts like assertion are constituted by rules. Lots of others disagree. To argue over this productively, it would be first useful to know what it would be for these things to be rule-constituted. Searle famously claimed in Speech Acts that rules constitute things in the sense that they make possible the performance of actions related to those things (Searle 1969). On this view, rules constitute games, languages, and speech (...)
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  • Footing the Cost (of Normative Subjectivism).Jack Woods - 2018 - In Jussi Suikkanen & Antti Kauppinen (eds.), Methodology and Moral Philosophy. New York: Routledge.
    I defend normative subjectivism against the charge that believing in it undermines the functional role of normative judgment. In particular, I defend it against the claim that believing that our reasons change from context to context is problematic for our use of normative judgments. To do so, I distinguish two senses of normative universality and normative reasons---evaluative universality and reasons and ontic universality and reasons. The former captures how even subjectivists can evaluate the actions of those subscribing to other conventions; (...)
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  • Contested Institutional Facts.Johan Brännmark - 2019 - Erkenntnis 84 (5):1047-1064.
    A significant part of contemporary social ontology has been focused on understanding forms of collective intentionality. It is suggested in this paper that the contested nature of some institutional matters makes this kind of approach problematic, and instead an alternative approach is developed, one that is oriented towards a micro-level analysis of the institutional constraints that we face in everyday life and which can make sense of how there can be institutional facts that are deeply contested and yet still real. (...)
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  • Hoskins’s New Benefit-Fairness Theory of Punishment.Peter Chau - 2019 - Criminal Law and Philosophy 13 (1):49-61.
    The benefit-fairness theory of punishment, which is one of the most prominent retributive justifications of punishment, appeals to some benefits received by an offender in explaining why it is fair to impose punitive burdens on him. However, many see the two traditional versions of the theory, found in the works by writers such as Herbert Morris, Jeffrie Murphy, and George Sher, as being susceptible to fatal objections. In a recent paper, “Fairness, Political Obligation, and Punishment,” Zachary Hoskins offers a new (...)
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  • Mere formalities: fictional normativity and normative authority.Daniel Wodak - 2019 - Canadian Journal of Philosophy 49 (6):1-23.
    It is commonly said that some standards, such as morality, are ‘normatively authoritative’ in a way that other standards, such as etiquette, are not; standards like etiquette are said to be ‘not really normative’. Skeptics deny the very possibility of normative authority, and take claims like ‘etiquette is not really normative’ to be either empty or confused. I offer a different route to defeat skeptics about authority: instead of focusing on what makes standards like morality special, we should focus on (...)
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  • 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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  • Tractatus practico-theoreticus.Nythamar De Oliveira - 2016 - Porto Alegre, Brazil: Editora Fi.
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  • More Reasons Why Jurisprudence Is Not Legal Philosophy.Michael Robertson - 2017 - Ratio Juris 30 (4):403-416.
    It is generally assumed, without argument, that legal theory, legal philosophy, philosophy of law, and jurisprudence all mean the same thing. This paper rejects that assumption, and in particular the assumption that jurisprudence is the same thing as legal philosophy. This assumption has recently been challenged by Roger Cotterrell in his article “Why Jurisprudence Is Not Legal Philosophy,” and I seek to build on his arguments by adding insights found in the work of Stanley Fish.
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  • Why anarchy still matters for International Relations: On theories and things.Silviya Lechner - 2017 - Journal of International Political Theory 13 (3):341-359.
    The category of anarchy is conventionally associated with the emergence of an autonomous discipline of International Relations. Recently, Donnelly has argued that anarchy has never been central to IR. His criticism targets not just concepts of anarchy but theories of anarchy and thereby expresses an anti-theory ethos tacitly accepted in the discipline. As a form of conceptual atomism, this ethos is hostile to structuralist and normative theories. This article aims to reinstate theoretical holism against conceptual atomism and to defend the (...)
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  • What metalinguistic negotiations can't do.Teresa Marques - 2017 - Phenomenology and Mind (12):40-48.
    Philosophers of language and metaethicists are concerned with persistent normative and evaluative disagreements – how can we explain persistent intelligible disagreements in spite of agreement over the described facts? Tim Sundell recently argued that evaluative aesthetic and personal taste disputes could be explained as metalinguistic negotiations – conversations where interlocutors negotiate how best to use a word relative to a context. I argue here that metalinguistic negotiations are neither necessary nor sufficient for genuine evaluative and normative disputes to occur. A (...)
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  • Schmidtz on Moral Recognition Rules: A Critique.Thomas M. Besch - 2016 - Theoria 83 (2):138-153.
    David Schmidtz's reconstruction of morality advances Hart‐type recognition rules for a “personal” and an “interpersonal” strand of morality. I argue that his view does not succeed for reasons owed both to the way in which Schmidtz construes of the task of reconstructing morality and the content of the moral recognition rules that he proposes. For Schmidtz, this task must be approached from a Hart‐type “internal” perspective, but this leaves his reconstruction with an unresolved problem of parochiality. He reconstructs morality as (...)
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  • The Social Impact Theory of Law.Keton Joshua - 2015 - Phenomenology and Mind 9:130-137.
    Margaret Gilbert’s work on sociality covers a wide range of topics, and as she puts it “addresses matters of great significance to several philosophical specialties – including ethics, epistemology, political philosophy, philosophy of science, and philosophy of law – and outside philosophy as well” (Gilbert 2013, p. 1). Herein I argue that Mark Greenberg’s recent call to eliminate the problem of legal normativity is well motivated. Further, I argue that Gilbert’s work on joint commitment, and more specifically obligations of joint (...)
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  • When Morals Ain’t Enough: Robots, Ethics, and the Rules of the Law.Ugo Pagallo - 2017 - Minds and Machines 27 (4):625-638.
    No single moral theory can instruct us as to whether and to what extent we are confronted with legal loopholes, e.g. whether or not new legal rules should be added to the system in the criminal law field. This question on the primary rules of the law appears crucial for today’s debate on roboethics and still, goes beyond the expertise of robo-ethicists. On the other hand, attention should be drawn to the secondary rules of the law: The unpredictability of robotic (...)
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  • Why realists must reject normative quietism.Daniel Wodak - 2017 - Philosophical Studies 174 (11):2795-2817.
    The last two decades have seen a surge of support for normative quietism: most notably, from Dworkin, Nagel, Parfit and Scanlon. Detractors like Enoch and McPherson object that quietism is incompatible with realism about normativity. The resulting debate has stagnated somewhat. In this paper I explore and defend a more promising way of developing that objection: I’ll argue that if normative quietism is true, we can create reasons out of thin air, so normative realists must reject normative quietism.
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  • Is there only One Correct Legal Answer to a Question of Fact? Three Talmudic Answers to a Jurisprudential Dilemma.Yuval Sinai & Martin P. Golding - 2016 - Ratio Juris 29 (4):478-505.
    This article focuses on questions of pure fact-of-the-matter and asks whether two omniscient judges may disagree over the legal answer to a straightforward question of a matter of fact. There are approaches to legal theory among some western and Jewish philosophers of law whereby at least superficially it is possible that two or more contradictory legal statements regarding a given reality can be equally correct. The article provides a critical analysis of three different models derived from the Jewish legal literature, (...)
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  • Fundamental Legal Concepts: The Hohfeldian Framework.Luís Duarte D'Almeida - 2016 - Philosophy Compass 11 (10):554-569.
    Wesley Newcomb Hohfeld's account of legal rights is now 100 years old. It has been much discussed, and remains very influential with philosophers and lawyers alike. Yet it is still sometimes misunderstood in crucial respects. This article offers a rigorous exposition of Hohfeld's framework; discusses its claims to comprehensiveness and fundamentality, reviewing recent work on the topic; and highlights the argumentative uses of Hohfeld's most important distinction.
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  • Law Is the Command of the Sovereign: H. L. A. Hart Reconsidered.Andrew Stumpff Morrison - 2016 - Ratio Juris 29 (3):364-384.
    This article presents a critical reevaluation of the thesis—closely associated with H. L. A. Hart, and central to the views of most recent legal philosophers—that the idea of state coercion is not logically essential to the definition of law. The author argues that even laws governing contracts must ultimately be understood as “commands of the sovereign, backed by force.” This follows in part from recognition that the “sovereign,” defined rigorously, at the highest level of abstraction, is that person or entity (...)
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  • Problems with Norms of Assertion.Peter Pagin - 2016 - Philosophy and Phenomenological Research 93 (1):178-207.
    In this paper I draw attention to a number of problems that afflict norm accounts of assertion, i.e. accounts that explain what assertion is, and typically how speakers understand what assertion is, by appeal to a norm of assertion. I argue that the disagreements in the literature over norm selection undermines such an account of understanding. I also argue that the treatment of intuitions as evidence in the literature undermines much of the connection to empirical evidence. I further argue that (...)
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  • A Critique of Held's Cosmopolitan Democracy.Takeshi Nakano - 2006 - Contemporary Political Theory 5 (1):33-51.
    This essay criticizes David Held's proposal of cosmopolitan democracy. Held argues that cosmopolitan realities are emerging, which help to open up the possibility of a cosmopolitan democracy. However, the author argues that Held tends to exaggerate cosmopolitan realities. What Held sees as cosmopolitan realities are international realities rather than cosmopolitan, and what he calls 'transnational civil society' is in fact the product of nation-states. Held endorses 'the institutionalization of cosmopolitan principles', which implies two different institutionalizations, though Held does not explicitly (...)
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  • Critical Thinking Across the Curriculum: A Vision.Robert H. Ennis - 2018 - Topoi 37 (1):165-184.
    This essay offers a comprehensive vision for a higher education program incorporating critical thinking across the curriculum at hypothetical Alpha College, employing a rigorous detailed conception of critical thinking called “The Alpha Conception of Critical Thinking”. The program starts with a 1-year, required, freshman course, two-thirds of which focuses on a set of general critical thinking dispositions and abilities. The final third uses subject-matter issues to reinforce general critical thinking dispositions and abilities, teach samples of subject matter, and introduce subject-specific (...)
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  • Facts and values in politics and Searle's Construction of Social Reality.David Jason Karp - 2009 - Contemporary Political Theory 8 (2):152-175.
    Contemporary political theory is fractured in its account of ontology and methods. One prominent fault line is between empirical and normative theory – the former usually called ‘philosophy of social science’, or ‘social-science methodology’, and not ‘theory’ at all. A second fault line exists between analytical and post-modern political theory. These fractures prevent political researchers who engage with the same substantive issues, such as the right of same-sex couples to marry, from speaking to one another in a common language. This (...)
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  • The Ambiguity of Force.David Dyzenhaus - 2016 - Ratio Juris 29 (3):323-347.
    The author argues that Schauer's understanding of appropriate empiricism and relatedly what he wishes to take from the positivist classics might have an even more reductive impact on legal philosophical inquiry than the legal positivist quest to confine such inquiry to a search for necessary and sufficient conditions. The argument is based on the example of the legal order of the Arab territories occupied by Israel. In the author's view, this legal order is very close to what Schauer regards as (...)
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  • The Forces of Law: Duty, Coercion, and Power.Leslie Green - 2016 - Ratio Juris 29 (2):164-181.
    This paper addresses the relationship between law and coercive force. It defends, against Frederick Schauer's contrary claims, the following propositions: The force of law consists in three things, not one: the imposition of duties, the use of coercion, and the exercise of social power. These are different and distinct. Even if coercion is not part of the concept of law, coercion is connected to law many important ways, and these are amply recognized in contemporary analytic jurisprudence. We cannot determine how (...)
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  • (1 other version)Getting Real or Staying Positive: Legal Realism(s), Legal Positivism and the Prospects of Naturalism in Jurisprudence.Jakob V. H. Holtermann - 2016 - Ratio Juris 29 (4):535-555.
    The relationship between Legal Realism and Legal Positivism has been a recurrent source of debate. The question has been further complicated by the related difficulty of assessing the internal relationship between the two main original strands of Legal Realism: American and Scandinavian. This paper suggests considering American and Scandinavian Realism as instantiations of forward-looking and backward-looking rule skepticism respectively. This distinction brings into sharp relief not only the fundamentally different relationship between each of these two Realist schools and Legal Positivism (...)
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  • Using Legal Rules in an Indeterminate World.Benjamin Gregg - 1999 - Political Theory 27 (3):357-378.
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  • The Normative Significance of Forgiveness.Brandon Warmke - 2016 - Australasian Journal of Philosophy 94 (4):687-703.
    ABSTRACTP.F. Strawson claimed that forgiveness is such an essential part of our moral practices that we could not extricate it from our form of life even if we so desired. But what is it about forgiveness that would make it such a central feature of our moral experience? In this paper, I suggest that the answer has to do with what I will call the normative significance of forgiveness. Forgiveness is normatively significant in the sense that, in its paradigmatic instances, (...)
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  • “Securing the Rational Foundations of Human Living:”The Pedagogical Nature of Human Law in St. Thomas Aquinas.Brian Jones - 2015 - New Blackfriars 96 (1065):602-620.
    Every form of government, whether by its action or inaction, encourages certain forms of behavior and discourages others. The moral well being of a society necessitates its consideration of civil law's legitimate role in shaping moral character. In this paper, I will attepmt to argue that the Thomistic account of civil law is not merely negative, but entails a positive pedagogy that seeks to nurture the moral virtue of its citizens, for both the viciously inclined and those who are already (...)
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  • Natural Law and Vengeance: Jurisprudence on the Streets of Gotham.Thomas Giddens - 2015 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (4):765-785.
    Batman is allied with modern natural law in the way he relies upon reason to bring about his vision of ‘true justice’, operating as a force external to law. This vision of justice is a protective one, with Batman existing as a guardian—a force for resistance against the corruption of the state and the failures of the legal system. But alongside his rational means, Batman also employs violence as he moves beyond the boundaries of the civilised state into the dark (...)
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  • A theory of legislation from a systems perspective.Peter Harrison - unknown
    In this thesis I outline a view of primary legislation from a systems perspective. I suggest that systems theory and, in particular, autopoietic theory, as modified by field theory, is a mechanism for understanding how society operates. The description of primary legislation that I outline differs markedly from any conventional definition in that I argue that primary legislation is not, and indeed cannot be, either a law or any of the euphemisms that are usually accorded to an enactment by a (...)
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  • An Interview with Niklas Luhmann.David Sciulli - 1994 - Theory, Culture and Society 11 (2):37-68.
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  • Law and Science — Reflections.Hanina Ben-Menahem & Yemima Ben-Menahem - 1999 - Science in Context 12 (1):227-243.
    This paper construes various positions in the philosophy of science and the philosophy of law as responses to the problem of underdetermination in science and in law. We begin by drawing a close analogy between the successive approaches to this problem in the two fields. In particular, we stress the analogy between conventionalism as a philosophy of science and legal realism as a philosophy of law, and between Putnam's and Dworkin's critiques of these positions. We then challenge the Putnam-Dworkin strategy, (...)
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