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Law and Its Normativity

In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell. pp. 415–445 (1996)

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  1. Corporations and the Presumption of Innocence.Roger A. Shiner - 2014 - Criminal Law and Philosophy 8 (2):485-503.
    Corporate behaviour is often regulated through the criminal law by means of reverse onus offences. Such offences are alleged to involve violations of the Presumption of Innocence. Such allegations almost always assume natural persons as defendants. The arguments supporting reverse onus offences are typically instrumental, to do with the importance of the social goals promoted and the ease of proof. The Presumption of Innocence is taken to be an autonomy right of natural persons and so not subject to being sidelined (...)
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  • What Is “Law,” if “the Law” Is not Something that “Is”? A Modest Contribution to a Major Question.Dan Jerker B. Svantesson - 2013 - Ratio Juris 26 (3):456-485.
    After proposing an alternative definition of what “law” (jurisprudential concept) is, this article demonstrates the impossibility of identifying “the law” (what law-makers announce, relative to a particular jurisdiction) as something that is in a particular way. Rather, the law is a more or less abstract range of options. Drawing upon this conclusion, the article calls for a reassessment of how we view the role of law-makers. We need to remove the mystery that surrounds the law so as to provide for (...)
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