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  1. Fusion of Descriptive and Normative Propositions. The Concepts of 'Descriptive Proposition' and 'Normative Proposition' as Concepts of Degree.Svein Eng - 2000 - Ratio Juris 13 (3):236-260.
    I introduce the concept of ‘fused descriptive and normative proposition.’ I demonstrate that and how this concept has a basis in reality in lawyers' propositions de lege lata, and I point out that and why we do not find fused modality in language qua language, morals and the relationship between parents and children. The concept of ‘fused descriptive and normative proposition’ is of interest in a number of contexts, inter alia in relation to law, cf. the debate about the status (...)
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  • (1 other version)On law and justice.Alf Ross - 1958 - London,: Stevens. Edited by Jakob vH Holtermann & Uta Bindreiter.
    Ross, Alf. On Law and Justice. Berkeley: University of California Press, 1959. xi, 383 pp. Reprint available December 2004 by the Lawbook Exchange, Ltd.
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  • (1 other version)Norm and action.Georg Henrik von Wright - 1963 - New York,: Humanities.
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  • (1 other version)Practical reason and norms.Joseph Raz - 1975 - London: Hutchinson.
    Practical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to perform the required act (...)
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  • H.L.A. Hart.Neil MacCormick - 1981 - Stanford, Calif.: Stanford University Press.
    Introduction HLA Hart: A biographical sketch Jurisprudence is the theoretical study of a practical subject. Its object is to achieve a systematic and ...
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  • (2 other versions)Critique of pure reason.Immanuel Kant - 2007 - In Elizabeth Schmidt Radcliffe, Richard McCarty, Fritz Allhoff & Anand Vaidya (eds.), Late modern philosophy: essential readings with commentary. Oxford: Wiley-Blackwell. pp. 449-451.
    One of the cornerstone books of Western philosophy, Critique of Pure Reason is Kant's seminal treatise, where he seeks to define the nature of reason itself and builds his own unique system of philosophical thought with an approach known as transcendental idealism. He argues that human knowledge is limited by the capacity for perception and attempts a logical designation of two varieties of knowledge: a posteriori, the knowledge acquired through experience; and a priori, knowledge not derived through experience. This accurate (...)
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  • The concept of legal competence: an essay in conceptual analysis.Torben Spaak - 1994 - Brookfield, Vt.: Dartmouth Pub. Co..
    Explains the concept of legal competence (or power). This book then discusses the analysis and definition of legal concepts in general; the relation between the concept of competence and (in)validity; what it means to exercise competence; different types of competence; and competence norms.
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  • Essays in jurisprudence and philosophy.Herbert Hart - 1983 - New York: Oxford University Press.
    This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.
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  • The other as Alter ego: A genetic approach.Gail Soffer - 1998 - Husserl Studies 15 (3):151-166.
    It is an ancient view, to be found even in Aristotle’s analysis of friendship, that the other is an alter ego, another myself. More recently, this conception has provoked spirited debate within and without the phenomenological tradition. It can be found in a wide variety of texts, from Husserl’s Cartesian Meditations to Thomas Nagel’s “What is it like to be a bat?” The basic position can be summarized as follows. Intentional experiences are subjective, first-person experiences, not objective, third-person experiences.
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  • (1 other version)Incorporationism, Conventionality and the Practical Difference Thesis.Jules L. Coleman - 2000 - In Hart's Postscript: Essays on the Postscript to `the Concept of Law'. New York: Oxford University Press UK.
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  • (1 other version)Incorporationism, Conventionality, and the Practical Difference Thesis.Jules L. Coleman - 1998 - Legal Theory 4 (4):381-425.
    H.L.A. Hart'sThe Concept of Lawis the most important and influential book in the legal positivist tradition. Though its importance is undisputed, there is a good deal less consensus regarding its core commitments, both methodological and substantive. With the exception of an occasional essay, Hart neither further developed nor revised his position beyond the argument of the book. The burden of shaping the prevailing understanding of his views, therefore, has fallen to others: notably, Joseph Raz among positivists, and Ronald Dworkin among (...)
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  • (1 other version)Hart's Methodological Positivism.Stephen R. Perry - 1998 - Legal Theory 4 (4):427-467.
    To understand H.L.A. Hart's general theory of law, it is helpful to distinguish betweensubstantiveandmethodologicallegal positivism. Substantive legal positivism is the view that there is no necessary connection between morality and the content of law. Methodological legal positivism is the view that legal theory can and should offer a normatively neutral description of a particular social phenomenon, namely law. Methodological positivism holds, we might say, not that there is no necessary connection between morality and law, but rather that there is no (...)
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  • Two Views of the Nature of the Theory of Law: A Partial Comparison: Joseph Raz.Joseph Raz - 1998 - Legal Theory 4 (3):249-282.
    In Law's Empire Prof. Ronald Dworkin has advanced a new theory of law, complex and intriguing. He calls it law as integrity. But in some ways the more radical and surprising claim he makes is that not only were previous legal philosophers mistaken about the nature of law, they were also mistaken about the nature of the philosophy of law or jurisprudence. Perhaps it is possible to summarize his main contentions on the nature of jurisprudence in three theses: First, jurisprudence (...)
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  • (1 other version)The Purity of the Pure Theory.Joseph Raz - 1981 - Revue Internationale de Philosophie 35 (138):441.
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  • H. L. A. Hart.David Lyons - 1984 - Philosophical Review 93 (1):112.
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  • The Concept of Law.Stuart M. Brown - 1963 - Philosophical Review 72 (2):250.
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  • (2 other versions)The Authority of Law.Joseph Raz - 1979 - Mind 90 (359):441-443.
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  • (2 other versions)Critique of Pure Reason.I. Kant - 1787/1998 - Philosophy 59 (230):555-557.
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  • (1 other version)The Purity of the Pure Theory.Joseph Raz - 1998 - In Stanley L. Paulson (ed.), Normativity and Norms: Critical Perspectives on Kelsenian Themes. New York: Oxford University Press. pp. 441.
    A critical discussion of Kelsen's philosophy of law.
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  • Law, Morality, and Society: Essays in Honour of H. L. A. Hart.P. M. S. Hacker & Joseph Raz (eds.) - 1977 - Oxford: Oxford University Press.
    Law, Morality and Society Essays in Honour of H.L.A Hart.
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  • Between authority and interpretation: on the theory of law and practical reason.Joseph Raz (ed.) - 2009 - New York: Oxford University Press.
    Can there be a theory of law? -- Two views of the nature of the theory of law : a partial comparison -- On the nature of law -- The problem of authority : revisiting the service conception -- About morality and the nature of law -- Incorporation by law -- Reasoning with rules -- Why interpret? -- Interpretation without retrieval -- Intention in interpretation -- Interpretation : pluralism and innovation -- On the authority and interpretation of constitutions : some (...)
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  • Justice in robes.Ronald Dworkin (ed.) - 2006 - Cambridge: Belknap Press.
    In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard ...
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  • The Political Question of the Concept of Law.Liam B. Murphy - 2000 - In Jules L. Coleman (ed.), Hart's Postscript: Essays on the Postscript to `the Concept of Law'. New York: Oxford University Press UK.
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  • Hart's expressivism and his Benthamite project.Kevin Toh - 2005 - Legal Theory 11 (2):75-123.
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  • Dispositions.Stephen Mumford - 1998 - Oxford, GB: Clarendon Press.
    Stephen Mumford puts forward a new theory of dispositions, showing how central their role is in metaphysics and philosophy of science. Much of our understanding of the physical and psychological world is expressed in terms of dispositional properties--from the solubility of sugar to the belief that zebras have stripes. Mumford discusses what it means to say that something has a property of this kind, and how dispositions can possibly be real things in the world. His clear, straightforward, realist account reveals (...)
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  • (1 other version)Essays on Bentham: Jurisprudence and Political Philosophy.Herbert Lionel Adolphus Hart - 1982 - Oxford University Press.
    In his introduction to these closely linked essays Professor Hart offers both an exposition and a critical assessment of some central issues in jurisprudence and political theory. Some of the essays touch on themes to which little attention has been paid, such as Bentham's identification of the forms of mysitification protecting the law from criticism; his relation to Beccaria; and his conversion to democratic radicalism and a passionate admiration for the United States.
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  • Inclusive legal positivism.Wilfrid J. Waluchow - 1994 - New York: Oxford University Press.
    This book develops a general theory of law, inclusive legal positivism, which seeks to remain within the tradition represented by authors such as Austin, Hart, MacCormick, and Raz, while sharing some of the virtues of both classical and modern theories of natural law, as represented by authors such as Aquinas, Fuller, Finnis, and Dworkin. Its central theoretical questions are: Does the existence or content of positive law ever depend on moral considerations? If so, is this fact consistent with legal positivism? (...)
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  • Review of H. L. A. Hart: Essays in jurisprudence and philosophy[REVIEW]H. L. A. Hart - 1985 - Ethics 95 (4):945-947.
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  • Law as fact.Karl Olivecrona - 1939 - London,: Stevens.
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  • Postema on Law's Autonomy and Public Practical Reasons: A Critical Comment: Joseph Raz.Joseph Raz - 1998 - Legal Theory 4 (1):1-20.
    Postema's article discusses, lucidly and probingly, a central jurisprudential idea, which he calls the autonomy thesis. In its general form it is shared by many writers who otherwise support divergent accounts of the nature of law. It is, according to Postema, a thesis that is meant to account for a core idea, that the law's “defining aim is to … unify public political judgment and coordinate social interaction.” In some form or another this core idea is probably supported by Postema (...)
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  • Towards a realistic jurisprudence: a criticism of the dualism in law.Alf Ross & Annie I. Fausbøl - 1916 - Copenhagen,: E. Munksgaard. Edited by Annie Fausbøll.
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  • Can there be a theory of law?Joseph Raz - 2004 - In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Malden, MA: Wiley-Blackwell. pp. 324–342.
    The paper deals with the possibility of a theory of the nature of law as such, a theory which will be necessarily true of all law. It explores the relations between explanations of concepts and of the things they are concepts of, the possibility that the law has essential properties, and the possibility that the law changes its nature over time, and that what is law at a given place and time depends on the culture and concepts of that place (...)
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  • (1 other version)Directives and norms.Alf Ross - 1968 - Clark, NJ: Lawbook Exchange. Edited by Brian Loar.
    Ross, Alf Loar, Brian, Editor.Directives and Norms. New York: Humanities Press, [1967]. ix, 188 pp. Reprint available April 2009 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-961-2. ISBN-10: 1-58477-961-6. Cloth with dust jacket. $65.00 * Reprint of the first American edition. One of the most interesting jurists of the post-World War II era, Ross [1899-1979] was a legal and moral philosopher, scholar of international law and the leading representative of Scandinavian Legal Realism. This book and On Law and Justice (1958) are (...)
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  • The concept of a legal system.Joseph Raz - 1970 - Oxford,: Clarendon Press.
    What does it mean to assert or deny the existence of a legal system? How can one determine whether a given law belongs to a certain legal system? What kind of structure do these systems have, that is--what necessary relations obtain between their laws? The examination of these problems in this volume leads to a new approach to traditional jurisprudential question, though the conclusions are based on a critical appraisal, particularly those of Bentham, Austin, Kelsen, and Hart.
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  • Law as Fact.Karl Olivecrona - 1941 - Philosophical Review 50:244.
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  • Dispositions. [REVIEW]John W. Carroll - 2001 - Philosophical Review 110 (1):82-84.
    With the possible exception of causation, disposition concepts are as prevalent in ordinary thought as any of the nomic concepts. Progress on their nature has been hard to come by. No doubt the difficulty of saying anything illuminating and suitably general about their nature is a function of their pervasiveness.
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  • Practical Reason and Norms.Joseph Raz - 1975 - Law and Philosophy 12 (3):329-343.
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  • Gesammelte Aufsätze zur Wissenschaftslehre.Max Weber - 1924 - Revue Philosophique de la France Et de l'Etranger 98:151-152.
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  • A Treatise of Legal Philosophy and General Jurisprudence.Enrico Pattaro - 2006 - Ratio Juris 19 (4):489-500.
    . “The Notebook Corner,” edited by Enrico Pattaro, makes its first appearance here as a new section of Ratio Juris. This new section can be described in a sense as an offshoot of the project for A Treatise of Legal Philosophy and General Jurisprudence, a work still in progress composed of five theoretical volumes and six historical ones. The theoretical volumes receive a brief presentation in the paper immediately below, with a specific focus on Volume 1, entitled The Law and (...)
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  • Author's response existence and validity of a norm. In reply to two critics.Alf Ross - 1970 - World Futures 8 (3):87-93.
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  • On Law and Justice.Alf Ross - 1958 - Ethics 70 (2):175-177.
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  • (2 other versions)The Authority of Law.Alan R. White & J. Raz - 1980 - Philosophical Quarterly 30 (120):278.
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  • Hart's Rule of Recognition and the United States.Kent Greenawalt - 1988 - Ratio Juris 1 (1):40-57.
    This essay explores the implications of H.L.A. Hart's rule of recognition for identifying ultimate standards of law in the United States. The effort reveals that these standards are much more complex than is commonly supposed. Not all of the federal constitution is part of the “ultimate” rule of recognition, and much else must be included in that rule. The analysis uncovers many possibilities for how ultimate standards relate to derivative standards that are omitted or barely hinted at in Hart's account. (...)
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  • (2 other versions)H. L. A. Hart.Joseph Raz - 1993 - Utilitas 5 (2):145.
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  • Kritik der sogenannten praktischen Erkenntniss. [REVIEW]Theodore M. Greene - 1935 - Philosophical Review 44 (3):299-309.
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  • (2 other versions)H. L. A. Hart : Joseph Raz.Joseph Raz - 1993 - Utilitas 5 (2):145-156.
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  • Kritik der sogenannten praktischen Erkenntnis.Alf Ross - 1934 - Revue de Métaphysique et de Morale 41 (2):19-19.
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  • H. L. A. Hart.Neil Maccormick - 1983 - Ethics 93 (4):809-811.
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  • Om ret og retfærdighed: en indførelse i den analytiske retsfilosofi.Alf Ross - 1953
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