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Pre-reflective law

In Maksymilian Del Mar (ed.), New waves in philosophy of law. New York: Palgrave MacMillan (2011)

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  1. Natural Law and Normative Inclinations.Jonathan Crowe - 2015 - Ratio Juris 28 (1):52-67.
    Natural law ethics holds that practical rationality consists in engaging in non-defective ways with a range of fundamental goods. These basic goods are characteristically presented as reflecting the natural properties of humans, but the details of this picture vary widely. This article argues that natural law ethics can usefully be understood as a type of dispositional theory of value, which identifies the basic goods with those objectives that humans are characteristically disposed to pursue and value for their own sake. Natural (...)
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  • Law as Memory.Constance Youngwon Lee & Jonathan Crowe - 2015 - Law and Critique 26 (3):251-266.
    This article explores the claim that law is characteristically in search of the past. We argue that the structure of memory defines our relationship with the past and this relationship, in turn, has important implications for the nature of law. The article begins by examining the structure of memory, drawing particularly on the work of Henri Bergson. It then draws out the implications of Bergson’s theory for the interplay of past and present, highlighting the challenges this poses for law’s project (...)
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