Results for 'legal anti-positivism'

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  1. There are No Easy Counterexamples to Legal Anti-positivism.Emad H. Atiq - 2020 - Journal of Ethics and Social Philosophy 17 (1).
    Legal anti-positivism is widely believed to be a general theory of law that generates far too many false negatives. If anti-positivism is true, certain rules bearing all the hallmarks of legality are not in fact legal. This impression, fostered by both positivists and anti-positivists, stems from an overly narrow conception of the kinds of moral facts that ground legal facts: roughly, facts about what is morally optimific—morally best or morally justified or morally (...)
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  2. The Disunity of Legal Reality.David Plunkett & Daniel Wodak - 2022 - Legal Theory 28 (3):235-267.
    Take “legal reality” to be the part of reality that actual legal thought and talk is dis- tinctively about, such as legal institutions, legal obligations, and legal norms. Our goal is to explore whether legal reality is disunified. To illustrate the issue, consider the possibility that an important metaphysical thesis such as positivism is true of one part of legal reality (legal institutions), but not another (legal norms). We offer two (...)
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  3. Non-Positivism and Encountering a Weakened Necessity of the Separation between Law and Morality – Reflections on the Debate between Robert Alexy and Joseph Raz.Wei Feng - 2019 - Archiv Für Rechts- Und Sozialphilosophie, Beiheft 158:305-334.
    Nearly thirty years ago, Robert Alexy in his book The Concept and Validity of Law as well as in other early articles raised non-positivistic arguments in the Continental European tradition against legal positivism in general, which was assumed to be held by, among others, John Austin, Hans Kelsen and H.L.A. Hart. The core thesis of legal positivism that was being discussed among contemporary German jurists, just as with their Anglo- American counterparts, is the claim that there (...)
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  4. From Positivism to ‘Anti-Positivism’ in Mexico: Some Notable Continuities.Alexander Stehn - 2012 - In Gregory D. Gilson & Irving W. Levinson (eds.), Latin American Positivism: New Historical and Philosophic Essays. Lanham: Lexington Books. pp. 49.
    A general consensus has emerged in the scholarship on Latin American thought dating from the latter half of the nineteenth century through the first quarter of the twentieth. Latin American intellectuals widely adapted the European philosophy of positivism in keeping with the demands of their own social and political contexts, effectively making positivism the second most important philosophical tradition in the history of Latin America, after scholasticism. However, as thinkers across Latin America faced the challenges of the twentieth (...)
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  5. Methodology of Social Sciences: Positivism, Anti-Positivism and the Phenomenological Mediation.Koshy Tharakan - 2006 - Indian Journal of Social Work 67 (1):16-31.
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  6. Legal Positivism and the Moral Origins of Legal Systems.Emad H. Atiq - 2023 - Canadian Journal of Law and Jurisprudence 36 (1):37-64.
    Legal positivists maintain that the legality of a rule is fundamentally determined by social facts. Yet for much of legal history, ordinary officials used legal terminology in ways that seem inconsistent with positivism. Judges regularly cited, analyzed, and predicated their decisions on the ‘laws of justice’ which they claimed had universal legal import. This practice, though well-documented by historians, has received surprisingly little philosophical attention; I argue that it invites explanation from positivists. After taxonomizing the (...)
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  7. Robust Normativity, Morality, and Legal Positivism.David Plunkett - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press. pp. 105-136.
    This chapter discusses two different issues about the relationship between legal positivism and robust normativity (understood as the most authoritative kind of normativity to which we appeal). First, the chapter argues that, in many contexts when discussing “legal positivism” and “legal antipositivism”, the discussion should be shifted from whether legal facts are ultimately partly grounded in moral facts to whether they are ultimately partly grounded in robustly normative facts. Second, the chapter explores an important (...)
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  8. Anti-doping, purported rights to privacy and WADA's whereabouts requirements: A legal analysis.Oskar MacGregor, Richard Griffith, Daniele Ruggiu & Mike McNamee - 2013 - Fair Play 1 (2):13-38.
    Recent discussions among lawyers, philosophers, policy researchers and athletes have focused on the potential threat to privacy posed by the World Anti-Doping Agency’s (WADA) whereabouts requirements. These requirements demand, among other things, that all elite athletes file their whereabouts information for the subsequent quarter on a quarterly basis and comprise data for one hour of each day when the athlete will be available and accessible for no advance notice testing at a specified location of their choosing. Failure to file (...)
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  9. Moral Cognitivism and Legal Positivism in Habermas's and Kan't Philosophy of Law.Delamar José Volpato Dutra & Nythamar de Oliveira - 2017 - Ethic@ - An International Journal for Moral Philosophy 16 (3):533-546.
    The hypothesis of this paper is that legal positivism depends on the non plausibility of strong moral cognitivism because of the non necessary connection thesis between law and morality that legal positivism is supposed to acknowledge. The paper concludes that only when based on strong moral cognitivism is it consistent to sustain the typical non-positivistic thesis of the necessary connection between law and morality. Habermas’s Philosophy of law is confronted with both positions.
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  10.  76
    What is positivism in legal analysis?Damian Wayne Williams - forthcoming - Forthcoming.
    Legal positivism emerged in response to natural law, as an indictment on the latter’s metaphysical predilections. Natural law dominance created a yearning for empiricism, or even a ‘hard scientism’ in approach to understanding socially constructed phenomenon, including legal praxis. From its Benthamite origins, it has since been developed, with recent, spirited debate still undertaken among towering legal scholars. Although its validity is contested to some, it remains as an analytic point of view of the law. Yet, (...)
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  11. Islamic Law and Legal Positivism.Raja Bahlul - 2016 - Rivista di Filosofia Del Diritto [V, 2/2016, Pp. 245-266] 2 (V):245-266.
    The object of this paper is to elaborate an understanding of Islamic law and legal theory in terms of the conceptual framework provided by Legal Positivism. The study is not based on denying or contesting the claim of Islamic law to being of divine origin; rather, it is based on the historical reality of Islamic law as part of a (once) living legal tradition, with structure, method, and theory, regardless of claims of origin. It will be (...)
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  12. “Beyond Standard Legal Positivism and ‘Aggressive’ Natural Law: Some Thoughts on Judge’ O’Scannlain’s ‘Third Way’”.Michael Baur - 2011 - Fordham Law Review 79 (4):1529-1539.
    With his contribution on "The Natural Law in the American Tradition," Judge Diarmuid O'Scannlain has begun the indispensable task of laying the groundwork for sound jurisprudential reasoning in the natural law tradition. It is on the basis of this groundwork that we can begin to appreciate what natural law reasoning might mean, and what it does not mean, for contemporary American legal thinking. More specifically, it is on the basis of this groundwork that one can begin to articulate what (...)
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  13. The Anarchist Official: A Problem for Legal Positivism.Kenneth M. Ehrenberg - 2011 - Australian Journal of Legal Philosophy 36:89-112.
    I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal (...)
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  14.  82
    Legal Probabilism and Anti-Probabilism.Lewis Ross - 2024 - In The Philosophy of Legal Proof. Cambridge University Press.
    Discusses whether legal proof is merely probabilistic, focusing on the famous proof paradox.
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  15. The Separability Thesis: A Comparison Between Natural Law and Legal Positivism.Owen Jeffrey Crocker - 2022 - Sophia: Undergraduate Journal of Philosophy 16 (1):60-71.
    The purpose of this paper is to examine the separability of law and morality within an analytic jurisprudential framework. The paper is comprised of four parts. First, the separability thesis will be discussed and defined. Second, Hart’s legal positivist account of law will be presented, which defends the separability thesis. Third, two objections from a natural law perspective (classical and contemporary) will be proposed against the legal positivist position, thereby rejecting the separability thesis. Each objection will be accompanied (...)
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  16. The Reception of Positivism in Whewell, Mill and Brentano.Arnaud Dewalque - 2022 - In Ion Tanasescu, Alexandru Bejinariu, Susan Krantz Gabriel & Constantin Stoenescu (eds.), Brentano and the Positive Philosophy of Comte and Mill: With Translations of Original Writings on Philosophy as Science by Franz Brentano. Berlin: De Gruyter.
    This article compares and contrasts the reception of Comte’s positivism in the works of William Whewell, John Stuart Mill and Franz Brentano. It is argued that Whewell’s rejection of positivism derives from his endorsement of a constructivist account of the inductive sciences, while Mill and Brentano’s sympathies for positivism are connected to their endorsement of an empiricist account. The mandate of the article is to spell out the chief differences between these two rival accounts. In the last, (...)
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  17. The anti-counterfeiting trade agreement: the ethical analysis of a failure, and its lessons.Luciano Floridi - 2015 - Ethics and Information Technology 17 (2):165-173.
    The anti-counterfeiting trade agreement was originally meant to harmonise and enforce intellectual property rights provisions in existing trade agreements within a wider group of countries. This was commendable in itself, so ACTA’s failure was all the more disappointing. In this article, I wish to contribute to the post-ACTA debate by proposing a specific analysis of the ethical reasons why ACTA failed, and what we can learn from them. I argue that five kinds of objections—namely, secret negotiations, lack of consultation, (...)
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  18. Hobbes’s third jurisprudence: legal pragmatism and the dualist menace.Benjamin L. S. Nelson - 2020 - Canadian Journal of Law and Jurisprudence 33 (1).
    This paper explores the possibility that Hobbesian jurisprudence is best understood as a ‘third way’ in legal theory, irreducible to classical natural law or legal positivism. I sketch two potential ‘third theories’ of law -- legal pragmatism and legal dualism -- and argue that, when considered in its broadest sense, Leviathan is best viewed as an example of legal pragmatism. I consider whether this legal pragmatist interpretation can be sustained in the examination of (...)
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  19. Antipositivist Arguments from Legal Thought and Talk: The Metalinguistic Response.David Plunkett & Tim Sundell - 2013 - In Graham Hubbs & Douglas Lind (eds.), Pragmatism, Law, and Language. New York: Routledge. pp. 56-75.
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  20. Truth in legal norms.Boyan Bahanov - 2020 - Philosophy 29 (4):394-402.
    The text examines the status of the truth in the legal norms, trying to answer the questions of whether they can be subject to a truth assessment and, if such an assessment is possible, how a truth value can be attributed to legal norms. To achieve this goal, first of all, the text discusses some basic linguistic conceptions concerning the nature and truth of legal norms and subsequently, a a complex approach is being proposed for attributing truth-value (...)
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  21. Does Legal Interpretation Need Paul Grice?Matczak Marcin - 2016 - Polish Journal of Philosophy 10 (1):67-87.
    By significantly diminishing the role intentions play in communication, in Imagination and Convention Lepore and Stone attempt to overthrow the Gricean paradigm which prevails in the philosophy of language. The approach they propose is attractive to theorists of legal interpretations for many reasons. Primary among these is that the more general dispute in the philosophy of language between Griceans and non-Griceans mirrors the dispute between intentionalists and non-intentionalists in legal interpretation. The ideas proposed in Imagination and Convention naturally (...)
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  22. Comparative legal cultures: on traditions classified, their rapprochement & transfer, and the anarchy of hyper-rationalism with appendix on legal ethnography.Csaba Varga - 2012 - Budapest: Szent István Társulat.
    Disciplinary issues -- Field studies -- Appendix: Theory of law : legal ethnography, or, the theoretical fruits of the inquiries into folkways. /// Reedition of papers in English spanning from 1995 to 2008 /// DISCIPLINARY ISSUES -- LAW AS CULTURE? [2002] 9–14 // TRENDS IN COMPARATIVE LEGAL STUDIES [2002] 15–17 // COMPARATIVE LEGAL CULTURES: ATTEMPTS AT CONCEPTUALISATION [1997] 19–28: 1. Legal Culture in a Cultural-anthropological Approach 19 / 2. Legal Culture in a Sociological Approach 21 (...)
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  23. Contemporary legal philosophising: Schmitt, Kelsen, Lukács, Hart, & law and literature, with Marxism's dark legacy in Central Europe (on teaching legal philosophy in appendix).Csaba Varga - 2013 - Budapest: Szent István Társulat.
    Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 (...)
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  24. Why legal theory is political philosophy.William A. Edmundson - 2013 - Legal Theory 19 (4):331-346.
    The concept of law is not a theorist's invention but one that people use every day. Thus one measure of the adequacy of a theory of law is its degree of fidelity to the concept as it is understood by those who use it. That means as far as possible. There are important truisms about the law that have an evaluative cast. The theorist has either to say what would make those evaluative truisms true or to defend her choice to (...)
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  25. MORAL STRUCTURE OF LEGAL OBLIGATION.Kuczynski John-Michael - 2006 - Dissertation, University of California, Santa Barbara
    What are laws, and do they necessarily have any basis in morality? The present work argues that laws are governmental assurances of protections of rights and that concepts of law and legal obligation must therefore be understood in moral terms. There are, of course, many immoral laws. But once certain basic truths are taken into account – in particular, that moral principles have a “dimension of weight”, to use an expression of Ronald Dworkin’s, and also that principled relations are (...)
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  26. Lon Fuller's Legal Structuralism.William Conklin - 2012 - In Bjarne Melkevik (ed.), Standing Tall Hommages a Csaba Varga. Budapest: Pazmany Press. pp. 97-121.
    Anglo-American general jurisprudence remains preoccupied with the relationship of legality to morality. This has especially been so in the re-reading of Lon Fuller’s theory of an implied morality in any law. More often than not, Fuller has been said to distinguish between the identity of a discrete rule and something called ‘morality’. In this reading of Fuller, however, insufficient attention to what is signified by ‘morality’. Such an implied morality has been understood in terms of deontological duties, the Good life, (...)
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  27. Naturalism and Anti-Naturalism in Nietzsche.Eric S. Huma Nelson - 2013 - Archiwum Historii Filozofii I Myśli Społecznej 58.
    Nietzsche has been associated with naturalism due to his arguments that morality, religion, metaphysics, and consciousness are products of natural biological organisms and ultimately natural phenomena. The subject and its mental life are only comprehensible in relation to natural desires, drives, impulses, and instincts. I argue that such typical naturalizing tendencies do not exhaust Nietzsche’s project, since they occur in the context of his critique of “nature” and metaphysical, speculative, and scientific naturalisms. Nietzsche challenges otherworldly projections of this-worldly beings, as (...)
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  28. Human rights: religious freedom and the anti-racist fight in the Latin American Black Diaspora.Alex Pereira De Araújo - 2023 - Sanwad Tradeprints, Pune, India: Bhishma Prakashan. Edited by Yashwant Pathak & A. Adityanjee.
    This chapter is devoted to the discussion of religious freedom and the anti-racist fight in the Black Diaspora in Latin America, considering the historical processes that involve such discussion, including legal apparatus such as Human Rights and local legislation. Therefore, as a starting point, we take the historical conditions of the emergence of Candomblé in Brazil, that are linked to the trafficking of enslaved African peoples and their resistance to keep alive in their memories, their religious beliefs and (...)
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  29. African Jurisprudence as Historical Co-extension of Diffused Legal Theories.Leye Komolafe - 2022 - Thought and Practice: A Journal of the Philosophical Association of Kenya 8 (1):51-68.
    African jurisprudence, like African philosophy, continues to be hotly debated. This article contends that the debate straddles the uniqueness claim which either emphasises the existence or possibility of a peculiar legal framework on the continent, and a historical co-extensional position reiterating that African jurisprudence is a continuum of other legal traditions. The article argues that there is no uniquely African jurisprudence, and that what obtains within the structures of jurisprudence on the continent also exists within various legal (...)
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  30. What Do Law Professors Believe about Law and the Legal Academy?Eric Martínez & Kevin Tobia - 2023 - Georgetown Law Journal 112:111-189.
    Legal theorists seek to persuade other jurists of certain theories: Textualism or purposivism; formalism or realism; natural law theory or positivism; prison reform or abolition; universal or particular human rights? Despite voluminous literature about these debates, tremendous uncertainty remains about which views experts endorse. This Article presents the first-ever empirical study of American law professors about legal theory questions. A novel dataset of over six hundred law professors reveals expert consensus and dissensus about dozens of longstanding (...) theory debates. -/- Law professors also debate questions about the nature of the legal academy. Descriptively, which subjects (e.g. constitutional law) and methods (e.g. law & economics) are most central within the legal academy today? And prescriptively, should today’s legal academy prioritize additional areas (e.g. legislation) or methods (e.g. critical race theory)? There is great interest in these questions but no empirical dataset of experts’ views; this results in uncertainty about which views experts endorse. This Article’s empirical study also clarifies these questions, documenting law professors’ evaluation of over one-hundred areas of law. -/- The legal theory and legal academy findings support implications for legal scholarship, education, and practice. Clearly, debates about law and the legal academy’s evolution should not be settled by a survey. Nevertheless, insofar as law professors are experts about these issues, it is instructive to discover and carefully examine what views those experts hold, so as to help determine which views are most likely to be true and how the legal academy ought to develop. (shrink)
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  31. Preface to a Philosophy of Legal Information.Kevin Lee - 2018 - SMU Science and Technology Law Review 20.
    This essay introduces the philosophy of legal information (PLI), which is a response to the radical changes brought about in philosophy by the information revolution. It reviews in some detail the work of Luciano Floridi, who is an influential advocate for an information turn in philosophy that he calls the philosophy of information (PI). Floridi proposes that philosophers investigate the conceptual nature of information as it currently exists across multiple disciplines. He shows how a focus on the informational nature (...)
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  32. Can Normative Accounts of Discrimination Be Guided by Anti-discrimination Law? Should They?Rona Dinur - 2022 - Erasmus Journal for Philosophy and Economics 15 (2):aa–aa.
    In her recent book, Faces of Inequality (2020), Moreau aims at developing a normative account of discrimination that is guided by the main features of anti-discrimination law. The critical comment argues against this methodology, indicating that due to indeterminacy relative to their underlying normative principles, central anti-discrimination norms cannot fulfill this guiding role. Further, using the content of such norms to guide ethical discussions is likely to be misleading, as it reflects evidentiary considerations that are unique to the (...)
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  33. Naturalism and Anti-Naturalism in Nietzsche.Eric S. Huma Nelson - 2013 - Archives of the History of Philosophy and of Social Thought 58:213-227.
    Nietzsche has been associated with naturalism due to his arguments that morality, religion, metaphysics, and consciousness are products of natural biological organisms and ultimately natural phenomena. The subject and its mental life are only comprehensible in relation to natural desires, drives, impulses, and instincts. I argue that such typical natu-ralizing tendencies do not exhaust Nietzsche’s project, since they occur in the context of his critique of “nature” and metaphysical, speculative, and scientific naturalisms. Nie-tzsche challenges otherworldly projections of this-worldly beings, as (...)
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  34. In Defense of Finnis on Natural Law Legal Theory.Michael Baur - 2005 - Vera Lex 6 (1/2):35-56.
    This paper offers a brief account of Finnis' Natural Law Legal Theory (NLLT), primarily as it is presented in Natural Law and Natural Rights, and then defends Finnis' NLLT against the recent legal positivist criticism made by Matthew H. Kramer.
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  35. Fictionalising Jurisprudence: An Introduction to Strong Legal Fictionalism.David Gawthorne - 2013 - Australian Journal of Legal Philosophy 38:52-73.
    The proposed theoretical motivation for legal fictionalism begins by focusing upon the seemingly supernatural powers of creation and control that mere mortals exercise over legal things, as a subclass of socially constructed things. This focus brings to the fore a dilemma of uncharitableness concerning the ontological commitments expressed in the discourse of whole societies about such things. Either, there is widespread equivocation as to the fundamental concept expressed by terms such as ‘existence’ or our claims about legal (...)
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  36. NON-MARKET ECONOMY STATUS IN ANTI-DUMPING INVESTIGATIONS AND PROCEEDINGS: A CASE STUDY OF VIETNAM.Pham Duy Anh Huynh - 2022 - Dissertation, Charles Sturt University
    This research investigates whether the non-market economy status of NMEs such as Vietnam disadvantages exporters in anti-dumping investigations and proceedings. The research analyses legal, procedural and other issues relating to the non-market economy status of NMEs in general and Vietnam in particular, in anti-dumping investigations and proceedings conducted by the US and the EU.
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  37. 通商의 국내적 규제와 司法審査 -美國國際貿易法院의 반덤핑관할권에 관한 판례의 태도와 관할권문제의 性格과 意義 (Judicial Review of the International Trade Administration in USA: How it Perceives its Jurisdictional Dispute concerning the Anti-dumping laws and its Implications for South Korea).Kiyoung Kim - 2005 - 기업법연구 19 (3):73-105.
    This paper intends to articulate the jurisdictional issue of the Court of International Trade(CIT), particularly dealing with a legal dispute of the Anti-dumping law. While the international trade grows to be marshaled by a new institutional arrangement of WTO dispute settlement system, the role of CIT correspondingly plays a great deal of effect on this area of laws. It is considered that both arbitrating institutions have to drive a reasonable rule over the trade issues. This is particularly so (...)
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  38. Non-market economy status in anti-dumping investigations and proceedings: A case study of Vietnam.Pham Duy Anh Huynh - 2023 - Dissertation, Charles Sturt University
    ‘Dumping’ is a practice in international trade whereby a product is introduced into the commerce of another country at less than its ‘normal value,’ which might cause or threaten material injury to the domestic industry of the importing country. To address the practice of dumping and provide rules to deal with it, the World Trade Organization (WTO) adopted the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (1994), known as the Anti-Dumping Agreement (ADA). (...)
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  39.  87
    In the tradition. [REVIEW]Andrew Lugg - 1986 - Philosophy of the Social Sciences 16 (3):383-389.
    Comments on a collection of papers published in the Boston Colloquium for the Philosophy of Science presented between 1973 and 1980. The authors' arguments are held to be shaped in the main by positivist presuppositions and aims.
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  40. Three separation theses.James Morauta - 2004 - Law and Philosophy 23 (2):111-135.
    Legal positivism's ``separation thesis'' is usually taken in one of two ways: as an analytic claim about the nature of law – roughly, as some version of the Social Thesis; or as a substantive claim about the moral value of law – roughly, as some version of the Value Thesis. In this paper I argue that we should recognize a third kind of positivist separation thesis, one which complements, but is distinct from, positivism's analytic and moral claims. (...)
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  41. La raison en tant que pratique subjective.Ion Copoeru - 2014 - Investigaciones Fenomenológicas 4:79.
    The aim of this paper is to argue in favor of the idea that it is possible not only to give a special place to reason in our life and in society, but also to offer an integrative rational framework, in in which human ends and goals find their rational expression. The text has three parts. The first describes Alfred Schutz's practical-hermeneutical approach to law and normativity, while making room for a subjective practice of reason. The second proposes to reveal, (...)
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  42. Of layers and lawyers.Michael Schmitz - 2020 - In Rachael Mellin, Raimo Tuomela & Miguel Garcia-Godinez (eds.), Social Ontology, Normativity and Law. Berlin, Germany: De Gruyter. pp. 221-240.
    How can the law be characterized in a theory of collective intentionality that treats collective intentionality as essentially layered and tries to understand these layers in terms of the structure and the format of the representations involved? And can such a theory of collective intentionality open up new perspectives on the law and shed new light on traditional questions of legal philosophy? As a philosopher of collective intentionality who is new to legal philosophy, I want to begin exploring (...)
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  43. Hybrid Dispositionalism and the Law.Teresa Marques - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press.
    Dworkin’s famous argument from legal disagreements poses a problem for legal positivism by undermining the idea that the law can be (just) the result of the practice and attitudes of norm-applying officials. In recent work, the chapter author argued that a hybrid contextualist theory paired with a dispositional theory of value—a hybrid dispositionalism, for short—offers the resources to respond to similar disagreement- based arguments in other evaluative and normative domains. This chapter claims that the theory the author (...)
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  44. The Ethics of Resisting Deportation.Rutger Birnie - 2019 - Proceedings of the 2018 ZiF Workshop “Studying Migration Policies at the Interface Between Empirical Research and Normative Analysis”.
    Can anti-deportation resistance be justified, and if so how and by whom may, or perhaps should, unjust deportations be resisted? In this paper, I seek to provide an answer to these questions. The paper starts by describing the main forms and agents of anti-deportation action in the contemporary context. Subsequently, I examine how different justifications for principled resistance and disobedience may each be invoked in the case of deportation resistance. I then explore how worries about the resister’s motivation (...)
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  45. Normativity in Language and Law.Alex Silk - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press. pp. 287-313.
    This chapter develops an account of the meaning and use of various types of legal claims, and uses this account to inform debates about the nature and normativity of law. The account draws on a general framework for implementing a contextualist theory, called 'Discourse Contextualism' (Silk 2016). The aim of Discourse Contextualism is to derive the apparent normativity of claims of law from a particular contextualist interpretation of a standard semantics for modals, along with general principles of interpretation and (...)
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  46. Attitude and the normativity of law.Jeffrey Kaplan - 2017 - Law and Philosophy 36 (5):469-493.
    Though legal positivism remains popular, HLA Hart’s version has fallen somewhat by the wayside. This is because, according to many, the central task of a theory of law is to explain the so-called ‘normativity of law’. Hart’s theory, it is thought, is not up to the task. Some have suggested modifying the theory accordingly. This paper argues that both Hart’s theory and the normativity of law have been misunderstood. First, a popular modification of Hart’s theory is considered and (...)
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  47. Bilim Metafiziğinde İki Yaklaşım: Bilimsel Gerçekçilik ile Gerçekçilik Karşıtlığı Üzerine.Ömer Fatih Tekin - forthcoming - Beytulhikme An International Journal of Philosophy.
    In this paper, the scientific realism/anti-realism debate, which is one of the most popular topics in the metaphysics of science, will be examined in supporting the realistic wing. In this respect, the discussion will be conducted by keeping the subjects of ‘existence of an external mind-independent world’ and ‘unobservable entities’ at the center of this paper. In the context of understanding the world, ‘Science’ activity is not the sum of the research carried out only by considering empirical data; on (...)
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  48. Let’s Skill All the Lawyers: Shakespearean Lessons on the Nature of Law.Harold Lloyd - 2010 - Vera Lex 11 (1/2):38-80.
    Shakespeare's works present intriguing explorations of law and legal theory. They help demonstrate the flaws in command-theory positivism, natural law theory and prediction theory accounts of the law. This is a simultaneously-published abbreviated version of a longer article published in Acta Iuridica Olomucensia in 2010.
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  49. In Defense of Hart.Matthew H. Kramer - 2013 - In Wil Waluchow & Stefan Sciaraffa (eds.), Philosophical Foundations of the Nature of Law. Oxford, United Kingdom: Oxford University Press. pp. 22.
    In Legality Scott Shapiro seeks to provide the motivation for the development of his own elaborate account of law by undertaking a critique of H.L.A. Hart's jurisprudential theory. Hart maintained that every legal system is underlain by a rule of recognition through which officials of the system identify the norms that belong to the system as laws. Shapiro argues that Hart's remarks on the rule of recognition are confused and that his model of lawis consequently untenable. Shapiro contends that (...)
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  50. Quasi-Expressivism about Statements of Law: A Hartian Theory.Stephen Finlay & David Plunkett - 2018 - In John Gardner, Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law Volume 3. Oxford University Press. pp. 49-86.
    Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. (...)
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