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Axel Hägerström and Modern Social Thought

Oxford: Bardwell Press (2014)

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  1. 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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  • Realism Today: On Dagan’s Quest Beyond Cynicism and Romanticism in Law.Patricia Mindus - 2015 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (2):401-422.
    This paper explores the contribution by the contemporary legal realist Hanoch Dagan. Dagan’s brand of realism defines law on the basis of its institutions or social practices, not of its norms or rules. The paper first provides a critical overview of this realist theory of law: It is not synonymous with the predictive theory of law, with Leiter’s theory of judges, or Frank’s “breakfast theory”. By focusing on the role of judges and the methodology of legal reasoning, we discover that (...)
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