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Legal Powers in Private Law

Legal Theory 21 (3-4):136-155 (2015)

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  1. (1 other version)On What Grounds What.Jonathan Schaffer - 2009 - In Ryan Wasserman, David Manley & David Chalmers (eds.), Metametaphysics: New Essays on the Foundations of Ontology. Oxford, England: Oxford University Press.
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  • Private ownership.Avihay Dorfman - 2010 - Legal Theory 16 (1):1-35.
    The most powerful response to growing skepticism about the intelligibility of the idea of private ownership has been cast in terms of an owner's rights to the exclusive use of an object. In these pages, I argue that this response suffers from three basic deficiencies—rather than merely explanatory gaps—that render it unable to overcome the specter of skepticism. These deficiencies reflect a shared want of attention to the normative relationship that ownership engenders between owners and nonowners. In place of the (...)
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  • (1 other version) Promising, intimate relationships, and conventionalism.Seana Valentine Shiffrin - 2008 - Philosophical Review 117 (4):481-524.
    The power to promise is morally fundamental and does not, at its foundation, derive from moral principles that govern our use of conventions. Of course, many features of promising have conventional components—including which words, gestures, or conditions of silence create commitments. What is really at issue between conventionalists and nonconventionalists is whether the basic moral relation of promissory commitment derives from the moral principles that govern our use of social conventions. Other nonconventionalist accounts make problematic concessions to the conventionalist's core (...)
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  • (1 other version)On what grounds what.Jonathan Schaffer - 2009 - In Ryan Wasserman, David Manley & David Chalmers (eds.), Metametaphysics: New Essays on the Foundations of Ontology. Oxford, England: Oxford University Press. pp. 347-383.
    On the now dominant Quinean view, metaphysics is about what there is. Metaphysics so conceived is concerned with such questions as whether properties exist, whether meanings exist, and whether numbers exist. I will argue for the revival of a more traditional Aristotelian view, on which metaphysics is about what grounds what. Metaphysics so revived does not bother asking whether properties, meanings, and numbers exist (of course they do!) The question is whether or not they are fundamental.
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  • (1 other version)What is it to wrong someone? A puzzle about justice.Michael Thompson - 2004 - In R. Jay Wallace (ed.), Reason and value: themes from the moral philosophy of Joseph Raz. New York: Oxford University Press. pp. 333-384.
    This will be the best way of explaining ‘Paris is the lover of Helen’, that is, ‘Paris loves, and by that very fact [et eo ipso] Helen is loved’. Here, therefore, two propositions have been brought together and abbreviated as one. Or, ‘Paris is a lover, and by that very fact Helen is a loved one’.
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  • The A Priori Foundations of the Civil Law.Adolf Reinach - 1983 - Aletheia 3:1-142.
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  • II—Jane Heal: Illocution, Recognition and Cooperation.Jane Heal - 2013 - Aristotelian Society Supplementary Volume 87 (1):137-154.
    Moran rightly links performance of speech acts to instituting second‐personal normative relations. He also maintains that an audience's recognition of the speaker's intention in speaking is sufficient for the speaker's success in doing the speech act intended. The claim is true on some ways of understanding speech act verbs, but false on others. This complexity of speech act verbs can be explained by seeing how speech acts need to be understood in the context of shared life and cooperative action.
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  • I—Richard Moran: Testimony, Illocution and the Second Person.Richard Moran - 2013 - Aristotelian Society Supplementary Volume 87 (1):115-135.
    The notion of ‘bipolar’ or ‘second‐personal’ normativity is often illustrated by such situations as that of one person addressing a complaint to another, or asserting some right, or claiming some authority. This paper argues that the presence of speech acts of various kinds in the development of the idea of the ‘second‐personal’ is not accidental. Through development of a notion of ‘illocutionary authority’ I seek to show a role for the ‘second‐personal’ in ordinary testimony, despite Darwall's argument that the notion (...)
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  • Grounding: Toward a Theory of the I n-Virtue-Of Relation.Paul Audi - 2012 - Journal of Philosophy 109 (12):685-711.
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  • Yes Means Yes: Consent as Communication.Tom Dougherty - 2015 - Philosophy and Public Affairs 43 (3):224-253.
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  • Construction area (no hard hat required).Karen Bennett - 2011 - Philosophical Studies 154 (1):79-104.
    A variety of relations widely invoked by philosophers—composition, constitution, realization, micro-basing, emergence, and many others—are species of what I call ‘building relations’. I argue that they are conceptually intertwined, articulate what it takes for a relation to count as a building relation, and argue that—contra appearances—it is an open possibility that these relations are all determinates of a common determinable, or even that there is really only one building relation.
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  • Aristotle's Four Becauses.Max Hocutt - 1974 - Philosophy 49 (190):385 - 399.
    What has traditionally been labelled ‘Aristotle's theory of causes’ would be more intelligible if construed as ‘Aristotle's theory of explanations’, where the term ‘explanation’ has substantially the sense of Hempel and Oppenheim, who construe explanations as deductions. For Aristotle, specifying ‘causes’ is constructing demonstrations.
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  • Beyond the Harm Principle.Arthur Ripstein - 2006 - Philosophy and Public Affairs 34 (3):215-245.
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  • Promises, contracts and voluntary obligations.Michael G. Pratt - 2007 - Law and Philosophy 26 (6):531 - 574.
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  • Pragmatic conceptualism.Benjamin C. Zipursky - 2000 - Legal Theory 6 (4):457.
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  • (1 other version)Promising, Intimate Relationships, and Conventionalism.Seana Valentine Shiffrin - 2008 - Philosophical Review 117 (4):481-524.
    The power to promise is morally fundamental and does not, at its foundation, derive from moral principles that govern our use of conventions. Of course, many features of promising have conventional components—including which words, gestures, or conditions of silence create commitments. What is really at issue between conventionalists and nonconventionalists is whether the basic moral relation of promissory commitment derives from the moral principles that govern our use of social conventions.Other nonconventionalist accounts make problematic concessions to the conventionalist's core instincts, (...)
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  • A Theory of Legal Obligation.Christopher Essert - 2016 - In Wil Waluchow & Stefan Sciaraffa (eds.), The Legacy of Ronald Dworkin. New York, NY: Oxford University Press USA.
    This chapter defends the Simple Theory of Legal Obligation. According to this theory, to be legally obligated not to do some action is just for it to be the case that, from the legal point of view, the reasons not to do that action defeat any reasons for me to do it. I argue that the Simple Theory dovetails nicely with recent work about precedential reasoning and that it responds to Dworkin’s arguments about legal principles in “Model of Rules I.” (...)
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