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'Law'

Legal Theory 9 (1):1-41 (2003)

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  1. Schauer's Anti‐Essentialism.Torben Spaak - 2016 - Ratio Juris 29 (2):182-214.
    In his new book, The Force of Law, Frederick Schauer maintains that law has no necessary properties, and that therefore jurisprudents should not assume that an inquiry into the nature of law has to be a search for such properties. I argue, however, that Schauer's attempt to show that legal anti-essentialism is a defensible position fails, because his one main argument is either irrelevant or else incomplete, depending on how one understands it, and because the other main argument is false.
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  • Dworkin's Theoretical Disagreement Argument.Barbara Baum Levenbook - 2015 - Philosophy Compass 10 (1):1-9.
    Dworkin's theoretical disagreement argument, developed in Law's Empire, is presented in that work as the motivator for his interpretive account of law. Like Dworkin's earlier arguments critical of legal positivism, the argument from theoretical disagreement has generated a lively exchange with legal positivists. It has motivated three of them to develop innovative positivist positions. In its original guise, the argument from theoretical disagreement is presented as ‘the semantic sting argument’. However, the argument from theoretical disagreement has more than one version. (...)
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  • Normativity in Language and Law.Alex Silk - forthcoming - In David Plunkett, Kevin Toh & Scott Shapiro (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. Oxford University Press.
    This chapter develops an account of the meaning and use of various types of legal claims, and uses this account to inform debates about the nature and normativity of law. The account draws on a general framework for implementing a contextualist theory, called 'Discourse Contextualism' (Silk 2016). The aim of Discourse Contextualism is to derive the apparent normativity of claims of law from a particular contextualist interpretation of a standard semantics for modals, along with general principles of interpretation and conversation. (...)
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  • Metasemantics and Objectivity.Ori Simchen - 2007 - In Enrique Villanueva (ed.), Law: Metaphysics, Meaning, and Objectivity, Social, Political, and Legal Philosophy, Volume 2.
    It is shown that the most plausible metasemantics for a typical common noun provides materials for a transcendental argument for objectivity: the very possibility that a typical common noun should have its significance requires that there be an objective measure of similarity among instances of the relevant kind.
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  • Canberra‐Style Analysis and Law: A Critique of Andrei Marmor's Farewell to Conceptual Analysis.Paweł Banaś & Filip Gołba - 2017 - Ratio Juris 30 (4):549-559.
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  • On The‐Law Property Ascriptions to the Facts.Flávio Manuel Póvoa De Lima - 2018 - Ratio Juris 31 (2):231-250.
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  • Was Austin Right After All? On the Role of Sanctions in a Theory of Law.Frederick Schauer - 2010 - Ratio Juris 23 (1):1-21.
    In modern jurisprudence it is taken as axiomatic that John Austin's sanction-based account of law and legal obligation was demolished in H.L.A. Hart's The Concept of Law, but Hart's victory and the deficiencies of the Austinian account may not be so clear. Not only does the alleged linguistic distinction between being obliged and having an obligation fail to provide as much support for the idea of a sanction-independent legal obligation as is commonly thought, but the soundness of Hart's claims, as (...)
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  • Subjectivity and Law's Fields of Enquiry.Bebhinn Donnelly - 2007 - Ratio Juris 20 (1):77-96.
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  • Beyond Inclusive Legal Positivism.Jules L. Coleman - 2009 - Ratio Juris 22 (3):359-394.
    In this essay, I characterize the original intervention that became Inclusive Legal Positivism, defend it against a range of powerful objections, explain its contribution to jurisprudence, and display its limitations and its modest jurisprudential significance. I also show how in its original formulations ILP depends on three notions that are either mistaken or inessential to law: the separability thesis, the rule of recognition, and the idea of criteria of legality. The first is false and is in event inessential to legal (...)
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