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  1. The Methodological Problem in Legal Theory: Normative and Descriptive Jurisprudence Revisited.Veronica Rodriguez Blanco - 2006 - Ratio Juris 19 (1):26-54.
    Legal philosophers share the same phenomenology of legal practice. Yet, they differ in its explanation. For normativists, descriptivists got it wrong and vice versa. This controversy between normativists and descriptivists will be called “the methodological problem” in legal theory. Normativists such as Dworkin and Perry argue that descriptivists need evaluation. By contrast, descriptivists such as Coleman argue that normativists need the methods of descriptivism such as conceptual analysis and therefore might be committed to descriptivism. The paper shows that the responses (...)
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  • Three separation theses.James Morauta - 2004 - Law and Philosophy 23 (2):111-135.
    Legal positivism's ``separation thesis'' is usually taken in one of two ways: as an analytic claim about the nature of law – roughly, as some version of the Social Thesis; or as a substantive claim about the moral value of law – roughly, as some version of the Value Thesis. In this paper I argue that we should recognize a third kind of positivist separation thesis, one which complements, but is distinct from, positivism's analytic and moral claims. The Neutrality Thesis (...)
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  • Raz on necessity.Brian H. Bix - 2003 - Law and Philosophy 22 (6):537 - 559.
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  • (1 other version)Why General Jurisprudence is Interesting.Julie Dickson - 2018 - Crítica. Revista Hispanoamericana de Filosofía 49 (147):11-39.
    In a recent article entitled, “Is General Jurisprudence Interesting?”, David Enoch answers his own question resoundingly in the negative. This article critically examines the character of Enoch’s claim, the presuppositions it rests on, and the way in which he seeks to establish it. Having argued that many of Enoch’s views in this regard hinge on a narrow and idiosyncratic understanding of the questions that general jurisprudence addresses, and of the relations between those questions and many other inquiries concerning the character (...)
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