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The DNA of Conventions

Law and Philosophy 33 (5):535-571 (2014)

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  1. Negotiating the Meaning of “Law”: The Metalinguistic Dimension of the Dispute Over Legal Positivism.David Plunkett - 2016 - Legal Theory 22 (3-4):205-275.
    One of the central debates in legal philosophy is the debate over legal positivism. Roughly, positivists say that law is ultimately grounded in social facts alone, whereas antipositivists say it is ultimately grounded in both social facts and moral facts. In this paper, I argue that philosophers involved in the dispute over legal positivism sometimes employ distinct concepts when they use the term “law” and pick out different things in the world using these concepts. Because of this, what positivists say (...)
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  • In Defense of Hart’s Supposedly Refuted Theory of Rules.Jeffrey Kaplan - 2021 - Ratio Juris 34 (4):331-355.
    Ratio Juris, Volume 34, Issue 4, Page 331-355, December 2021.
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