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  1. Fictionalising Jurisprudence: An Introduction to Strong Legal Fictionalism.David Gawthorne - 2013 - Australian Journal of Legal Philosophy 38:52-73.
    The proposed theoretical motivation for legal fictionalism begins by focusing upon the seemingly supernatural powers of creation and control that mere mortals exercise over legal things, as a subclass of socially constructed things. This focus brings to the fore a dilemma of uncharitableness concerning the ontological commitments expressed in the discourse of whole societies about such things. Either, there is widespread equivocation as to the fundamental concept expressed by terms such as ‘existence’ or our claims about legal and other institutional (...)
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  • Conventions, Recognition, and the Practical Point of View.Sebastián Figueroa Rubio - 2025 - In Maciej Dybowski, Weronika Dzięgielewska & Wojciech Rzepiński (eds.), Practice theory and law: on practices in legal and social sciences. New York, NY: Routledge. pp. 186-207.
    This work analyzes how the internal point of view, which represents the perspective of the participant in the legal domain, can be understood within a Hartian framework. It critically examines how legal conventionalism has dealt with this issue. In particular, it criticizes the way in which contemporary conventionalists represent the perspective of participants in legal practice on the basis of cognitive mental states. It also criticizes the way in which they understand how the rule of recognition constitutes the practice. To (...)
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