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No More Fresh Starts [Book Review]

Analysis 72 (3):563-573 (2012)

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  1. Is the Rule of Recognition Really a Conventional Rule?Julie Dickson - 2007 - Oxford Journal of Legal Studies 27 (3):373-402.
    In this article I examine the view, common amongst several contemporary legal positivists, that rules of recognition are to be understood as conventional rules of some kind. The article opens with a discussion of H.L.A. Hart's original account of the rule of recognition in the 1st edn of The Concept of Law and argues that Hart did not view the rule of recognition as a conventional rule in that account. I then discuss Hart's apparent turn towards a conventionalist understanding of (...)
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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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  • Hart's expressivism and his Benthamite project.Kevin Toh - 2005 - Legal Theory 11 (2):75-123.
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