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Legal Indeterminacy and Constitutional Interpretation

Dordrecht, Netherland: Springer (1998)

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  1. Naming and Necessity.Saul Kripke - 2003 - In John Heil (ed.), Philosophy of Mind: A Guide and Anthology. New York: Oxford University Press.
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  • A Treatise of Human Nature (1739-40).David Hume - 1969 - Mineola, N.Y.: Oxford University Press. Edited by Ernest Campbell Mossner.
    A key to modern studies of 18th century Western philosophy, the Treatise considers numerous classic philosophical issues, including causation, existence, freedom and necessity and morality. This abridged edition has an introduction which explain's Hume's thought and places it in the context of its times.
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  • Ways of meaning.Mark Platts - 1979 - Linguistics and Philosophy 4 (1):141-156.
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  • A treatise of human nature.David Hume & A. D. Lindsay - 1969 - Harmondsworth,: Penguin Books. Edited by Ernest Campbell Mossner.
    One of Hume's most well-known works and a masterpiece of philosophy, A Treatise of Human Nature is indubitably worth taking the time to read.
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  • Speech Acts: An Essay in the Philosophy of Language.John Searle - 1969 - Philosophy and Rhetoric 4 (1):59-61.
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  • The Morality of Freedom.Joseph Raz - 1986 - Philosophy 63 (243):119-122.
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  • Imperatives and Logic.Alf Ross - 1944 - Philosophy of Science 11 (1):30-46.
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  • Law, Language and Legal Determinacy.Brian Bix - 1998 - Philosophical Quarterly 48 (192):404-406.
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  • Methods of Logic.W. V. Quine - 1952 - Critica 15 (45):119-123.
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  • Review of Ronald Dworkin: A matter of principle[REVIEW]Ronald Dworkin - 1987 - Ethics 97 (2):481-483.
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  • Review of Sanford Levinson: Constitutional Faith[REVIEW]Sanford Levinson - 1989 - Ethics 100 (1):185-187.
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  • The Morality of Freedom.Joseph Raz - 1986 - Ethics 98 (4):850-852.
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  • Legal Reasoning and Legal Theory.Neil MacCormick - 1978 - New York: Clarendon Press.
    What makes an argument in a law case good or bad? This book examines this and other questions central to the study of jurisprudence. Care has been taken to make the legal elements of the book readily accessible to non-lawyers, and the philosophical elements to non-philosophers.
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  • The Language of Morals.Richard Mervyn Hare - 1952 - Oxford, England: Oxford University Press.
    Hare has written a clear, brief, and readable introduction to ethics which looks at all the fundamental problems of the subject.
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  • Convention: A Philosophical Study.David Kellogg Lewis - 1969 - Cambridge, MA, USA: Wiley-Blackwell.
    _ Convention_ was immediately recognized as a major contribution to the subject and its significance has remained undiminished since its first publication in 1969. Lewis analyzes social conventions as regularities in the resolution of recurring coordination problems-situations characterized by interdependent decision processes in which common interests are at stake. Conventions are contrasted with other kinds of regularity, and conventions governing systems of communication are given special attention.
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  • The Interpretive Turn in Modern Theory a Turn for the Worse?Michael S. Moore - 1988 - Faculty of Law, University of Toronto.
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  • Democracy and Distrust.John Hart Ely & Jesse H. Choper - 1983 - Ethics 93 (3):615-618.
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  • Legal Decision and its Justification.J. WrÓblewski - 1971 - Logique Et Analyse 14 (53):409.
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  • Giusnaturalismo e positivismo giuridico.Norberto Bobbio - 1972 - Milano,: Edizioni di Comunità.
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  • Critical Legal Studies: A Liberal Critique.Andrew Altman (ed.) - 1990 - Princeton University Press.
    In this first book-length liberal reply to CLS, Andrew Altman systematically examines the philosophical underpinnings of the CLS movement and exposes the deficiencies in the major lines of the CLS argument against liberalism.
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  • Law as a functional kind.Michael S. Moore - 1992 - In Robert P. George (ed.), Natural law theory: contemporary essays. New York: Oxford University Press.
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  • [Book review] we the people. [REVIEW]Bruce A. Ackerman - 1994 - In Peter Singer (ed.), Ethics. New York: Oxford University Press. pp. 104--3.
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  • Imperatives and Meaning.C. K. Grant - 1968 - Royal Institute of Philosophy Lectures 1:181-195.
    In recent years philosophers have given a good deal of attention to imperatives. They have concerned themselves mainly with the logical grammar of sentences of this kind, that is to say their relations to each other and to interrogative and indicative sentences. Very often this topic has been raised in terms of the problem ‘Is imperative inference possible, and if so, what kind of inference is it?’. Many philosophers have contended that there are logically valid inferences that involve imperative sentences. (...)
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  • Authorities and Persons.Andrei Marmor - 1995 - Legal Theory 1 (3):337-359.
    In this article I want to support a certain conception of legal authority. The question I want to address is this: Is it possible to attribute legal authority to a given norm if its authority does not derive from the authority of someone who has issued that norm? Basically, I will try to defend here a negative answer to this question, espousing a personal conception of authority.
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  • The Nature of Morality.D. Z. Phillips & Gilbert Harman - 1977 - Philosophical Quarterly 28 (110):89.
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  • Is There Higher-order Vagueness?R. M. Sainsbury - 1991 - Philosophical Quarterly 41 (163):167-182.
    I argue against a standard conception of classification, according to which concepts classify by drawing boundaries. This conception cannot properly account for "higher-order vagueness." I discuss in detail claims by Crispin Wright about "definitely," and its connection with higher-order vagueness. Contrary to Wright, I argue that the line between definite cases of red and borderline ones is not sharp. I suggest a new conception of classification: many concepts classify without drawing boundaries; they are boundaryless. Within this picture, there are no (...)
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  • Truth.Paul Horwich - 1990 - Oxford, GB: Clarendon Press. Edited by Frank Jackson & Michael Smith.
    Paul Horwich gives the definitive exposition of a prominent philosophical theory about truth, `minimalism'. His theory has attracted much attention since the first edition of Truth in 1990; he has now developed, refined, and updated his treatment of the subject, while preserving the distinctive format of the book. This revised edition appears simultaneously with a new companion volume, Meaning; the two books demystify central philosophical issues, and will be essential reading for all who work on the philosophy of language.
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  • Political Liberalism.John Rawls - 1993 - Columbia University Press.
    This book continues and revises the ideas of justice as fairness that John Rawls presented in _A Theory of Justice_ but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines--religious, philosophical, and moral--coexist within the (...)
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  • Norm and Action: A Logical Enquiry.Georg Henrik von Wright - 1963 - New York, NY, USA: Routledge and Kegan Paul.
    This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and (...)
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  • Naming and necessity.Saul A. Kripke - 2010 - In Darragh Byrne & Max Kölbel (eds.), Arguing about language. New York: Routledge. pp. 431-433.
    _Naming and Necessity_ has had a great and increasing influence. It redirected philosophical attention to neglected questions of natural and metaphysical necessity and to the connections between these and theories of naming, and of identity. This seminal work, to which today's thriving essentialist metaphysics largely owes its impetus, is here reissued in a newly corrected form with a new preface by the author. If there is such a thing as essential reading in metaphysics, or in philosophy of language, this is (...)
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  • On the Autonomy of Legal Reasoning.Joseph Raz - 1993 - Ratio Juris 6 (1):1-15.
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  • Knowledge and belief.Jaakko Hintikka - 1962 - Ithaca, N.Y.,: Cornell University Press.
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  • Is higher order vagueness coherent?Crispin Wright - 1992 - Analysis 52 (3):129-139.
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  • How to do things with words.John Langshaw Austin - 1962 - Oxford [Eng.]: Clarendon Press. Edited by Marina Sbisá & J. O. Urmson.
    For this second edition, the editors have returned to Austin's original lecture notes, amending the printed text where it seemed necessary.
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  • Truth and meaning: essays in semantics.Gareth Evans & John Henry McDowell (eds.) - 1976 - Oxford [Eng.]: Clarendon Press.
    Truth and Meaning is a classic collection of original essays on fundamental questions in the philosophy of language.
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  • Ethics: Inventing Right and Wrong.John Leslie Mackie - 1977 - New York: Penguin Books.
    John Mackie's stimulating book is a complete and clear treatise on moral theory. His writings on normative ethics-the moral principles he recommends-offer a fresh approach on a much neglected subject, and the work as a whole is undoubtedly a major contribution to modern philosophy.The author deals first with the status of ethics, arguing that there are not objective values, that morality cannot be discovered but must be made. He examines next the content of ethics, seeing morality as a functional device, (...)
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  • Truth.Paul Horwich - 2005 - In Frank Jackson & Michael Smith (eds.), The Oxford Handbook of Contemporary Philosophy. New York: Oxford University Press UK. pp. 261-272.
    What is truth. Paul Horwich advocates the controversial theory of minimalism, that is that the nature of truth is entirely captured in the trivial fact that each proposition specifies its own condition for being true, and that truth is therefore an entirely mundane and unpuzzling concept. The first edition of Truth, published in 1980, established itself as the best account of minimalism and as an excellent introduction to the debate for students. For this new edition, Horwich has refined and developed (...)
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  • Introduction to logic.Patrick Suppes - 1957 - Mineola, N.Y.: Dover Publications.
    Coherent, well organized text familiarizes readers with complete theory of logical inference and its applications to math and the empirical sciences. Part I deals with formal principles of inference and definition; Part II explores elementary intuitive set theory, with separate chapters on sets, relations, and functions. Last section introduces numerous examples of axiomatically formulated theories in both discussion and exercises. Ideal for undergraduates; no background in math or philosophy required.
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  • The moral problem.Michael Smith - 1994 - Cambridge, Mass., USA: Blackwell.
    What is the Moral Problem? NORMATIVE ETHICS VS. META-ETHICS It is a common fact of everyday life that we appraise each others' behaviour and attitudes from ...
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  • Law and interpretation: essays in legal philosophy.Andrei Marmor (ed.) - 1995 - New York: Oxford University Press.
    Interest in interpretation has emerged in recent years as one of the main intellectual paradigms of legal scholarship. This collection of new essays in law and interpretation provides the reader with an overview of this important topic, written by some of the most distinguished scholars in the field. The book begins with interpretation as a general method of legal theorizing, and thus provides critical assessment of the recent "interpretative turn" in jurisprudence. Further chapters include essays on the nature of interpretation, (...)
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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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  • Ethics in the public domain: essays in the morality of law and politics.Joseph Raz - 1994 - New York: Oxford University Press.
    In the past twenty years Joseph Raz has consolidated his reputation as one of the most acute, inventive, and energetic scholars currently at work in analytic moral and political theory. This new collection of essays forms a representative selection of his most significant contributions to a number of important debates, including the extent of political duty and obligation, and the issue of self-determination. He also examines aspects of the common (and ancient) theme of the relations between law and morality. This (...)
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  • Law, language, and legal determinacy.Brian Bix - 1993 - New York: Oxford University Press.
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  • Norm and nature: the movements of legal thought.Roger A. Shiner - 1992 - New York: Oxford University Press.
    Is the nature of law to be formal procedure or to embody substantive value? This work deals with the traditional conflict in legal philosophy between positivistic and anti-positivistic theories of law. It examines the conflict with respect to seven central issues in legal philosophy--law as a reason for action, law and authority, the internal point of view to law, the acceptance of law, discretion and principle, interpretation and semantics, and law and the common good. This work argues that although this (...)
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  • The norm of truth: an introduction to the philosophy of logic.Pascal Engel - 1991 - Buffalo: University of Toronto Press.
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  • Playing by the rules: a philosophical examination of rule-based decision-making in law and in life.Frederick F. Schauer - 1991 - New York: Oxford University Press.
    Rules are a central component of such diverse enterprises as law, morality, language, games, religion, etiquette, and family governance, but there is often confusion about what a rule is, and what rules do. Offering a comprehensive philosophical analysis of these questions, this book challenges much of the existing legal, jurisprudential, and philosophical literature, by seeing a significant role for rules, an equally significant role for their stricter operation, and making the case for rules as devices for the allocation of power (...)
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  • Inclusive legal positivism.Wilfrid J. Waluchow - 1994 - New York: Oxford University Press.
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  • Natural reasons: personality and polity.Susan L. Hurley - 1989 - New York: Oxford University Press.
    Hurley here revives a classical idea about rationality in a modern framework, by developing analogies between the structure of personality and the structure of society in the context of contemporary work in philosophy of mind, ethics, decision theory and social choice theory. The book examines the rationality of decisions and actions, and illustrates the continuity of philosophy of mind on the one hand, and ethics and jurisprudence on the other. A major thesis of the book is that arguments drawn from (...)
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  • On the coherence of vague predicates.Crispin Wright - 1975 - Synthese 30 (3-4):325--65.
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  • There are no ordinary things.Peter Unger - 1979 - Synthese 41 (2):117 - 154.
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