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Legal Conventionalism

Legal Theory 4 (4):509-531 (1998)

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  1. Rules and practices.Hubert Schwyzer - 1969 - Philosophical Review 78 (4):451-467.
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  • On knowledge and convention.Tyler Burge - 1975 - Philosophical Review 84 (2):249-255.
    It is argued that david lewis' account of convention in "convention" required too much self-Consciousness of parties participating in a convention. In particular, It need not be known that there are equally good alternatives to the convention. This point affects other features of the definition, And suggests that the account is too much guided by the "rational assembly" picture of human conventions. (edited).
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  • On convention.Andrei Marmor - 1996 - Synthese 107 (3):349 - 371.
    Following the pioneering work of David Lewis, many philosophers believe that the rationale of following a convention consists in the fact that conventions are solutions to recurrent coordination problems. Margaret Gilbert has criticised this view, offering an alternative account of the nature of conventions and their normative aspect. In this paper I argue that Gilbert's criticism of Lewis and her alternative suggestions rest on serious misunderstandings. As between these two opposed views, Lewis's is closer to the truth, but I argue (...)
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