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Beyond inclusive legal positivism

Ratio Juris 22 (3):359-394 (2009)

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  1. Grounding-based formulations of legal positivism.Samuele Chilovi - 2020 - Philosophical Studies 177 (11):3283-3302.
    The goal of this paper is to provide an accurate grounding-based formulation of positivism in the philosophy of law. I start off by discussing some simple formulations, based on the ideas that social facts are always either full or partial grounds of legal facts. I then raise a number of objections against these definitions: the full grounding proposal rules out possibilities that are compatible with positivism; the partial grounding proposal fails, on its own, to vindicate the distinctive role that is (...)
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  • Legal obligation and reasons.Christopher Essert - 2013 - Legal Theory 19 (1):63-88.
    Legal rationalist: law claims to give its subjects reasons for action. Normative reasons intuition: Reasons for action being key, the obvious way to establish that law makes a practical difference in people's deliberations is by arguing that the law claims to give reasons for action to its subjects. Explanatory Reasons Intuition: "And while it is possible to be confused about our normative reasons, it seems unlikely that everyone is confused all the time; so the fact that people consistently take the (...)
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  • Phenomenology and Time: Husserl, Derrida, Zahavi.Jared Gee - 2014 - Philosophy in Practice 8 (Spring):77-90.
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