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  1. The Pragmatist School in Analytic Jurisprudence.Raff Donelson - forthcoming - Philosophical Issues.
    Almost twenty years ago, a genuinely new school of thought emerged in the field of jurisprudential methodology. It is a pragmatist school. Roughly, the pragmatists contend that, when inquiring about the nature of law, we should evaluate potential answers based on practical criteria. For many legal philosophers, this contention seems both unclear and unhinged. That appearance is lamentable. The pragmatist approach to jurisprudential methodology has received insufficient attention for at least two reasons. First, the pragmatists do not conceive of themselves (...)
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  • Distinctive Duress.Craig K. Agule - 2020 - Philosophical Studies 177 (4):1007-1026.
    Duress is a defense in both law and morality. The bank teller who provides an armed robber with the bank vault combination, the innocent suspect who fabricates a story after hours of interrogation, the Good Samaritan who breaks into a private cabin in the woods to save a stranded hiker, and the father who drives at high speed to rush his injured child to the hospital—in deciding how to respond to agents like these, we should take into account that they (...)
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  • Metalinguistic Negotiation and Speaker Error.David Plunkett & Tim Sundell - 2021 - Inquiry: An Interdisciplinary Journal of Philosophy 64 (1-2):142-167.
    In recent work, we have argued that a number of disputes of interest to philosophers – including some disputes amongst philosophers themselves – are metalinguistic negotiations. Prima facie, many of these disputes seem to concern worldly, non-linguistic issues directly. However, on our view, they in fact concern, in the first instance, normative questions about the use of linguistic expressions. This will strike many ordinary speakers as counterintuitive. In many of the disputes that we analyze as metalinguistic negotiations, speakers might quite (...)
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  • The New Legal Anti-Positivism.Hasan Dindjer - 2020 - Legal Theory 26 (3):181-213.
    According to a recent wave of work by legal anti-positivists, legal norms are a subset of moral norms. This striking “one-system” view of law has rapidly become the dominant form of anti-positivism, but its implications have so far been little tested. This article argues that the one-system view leads systematically to untenable conclusions about what legal rights and obligations we have. For many clear legal norms, the view lacks the resources to explain the existence of corresponding moral norms. And its (...)
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  • Ontological Disputes and the Phenomenon of Metalinguistic Negotiation: Charting the Territory.Delia Belleri - 2020 - Philosophy Compass 15 (7).
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