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  1. Lennart Åqvist (2003). Some Remarks on Performatives in the Law. Artificial Intelligence and Law 11 (2-3):105-124.
    This paper contains an analysis of performatives with special attention to performatives in the law. It deals with the possibility to recognise performativity by means of a grammatical-syntactic criterion, the self-verifying and norm-promulgating character of legal performatives, an analysis of the effects of performatives by means of causal logic, the different forms of performativity and a theory of promise-performatives.
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  2. Hrafn Asgeirsson (forthcoming). Vagueness and Power-Delegation in Law: A Reply to Sorensen. In Michael Freeman & Fiona Smith (eds.), Current Legal Issues: Law and Language. Oxford University Press.
    Roy Sorensen has argued that vagueness in the law cannot be justified by appeal to the value of power-delegation, and thereby threatens to take away one of the main reasons for thinking that vagueness can be valuable to law. Delegation of power to officials is justified, he thinks, only if these officials are in a better position to discover whether a particular x is F, a condition not satisfied in cases of vagueness. I argue that Sorensen’s argument is unsound: delegation (...)
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  3. P. Berckmans (1997). The Semantics of Symbolic Speech. Law and Philosophy 16 (2):145-176.
    More than half a century ago, the Supreme Court held that the free speech protection of the First Amendment is not limited to verbal communication, but also applies to such expressive conduct as saluting a flag or burning a flag. Even though the Supreme Court has decided a number of important cases involving expressive conduct, the Court has never announced any standards for distinguishing such conduct from conduct without communicative value. The aim of this paper is to examine which conceptions (...)
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  4. Brian Bix (2010). Will Versus Reason: Truth in Natural Law, Positive Law, and Legal Theory. In Kurt Pritzl (ed.), Truth: Studies of a Robust Presence. Catholic University of America Press.
    This article is based on a Lecture given as part of the Franklin J. Matchette Foundation Lecture Series on Truth at the Catholic University of America, School of Philosophy, in 2002. It explores what theorists in the natural law tradition and modern legal theorists have argued about what makes propositions of morality and law true, focusing on the rubric of "reason" as opposed to "will." It seems probable, and perhaps inevitable, that theorists about the nature of truth in morality must (...)
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  5. Brian Bix (1993). Law, Language, and Legal Determinacy. Oxford University Press.
    This book discusses one of the central problems in the philosophy of law--the question of legal determinacy. Is the law a seamless web or are there gaps? Bix argues that the major re-thinking of the common and "common sense" views about law that have been proposed by various recent legal theories is unnecessary. He offers a reconsideration of the role of language in the law, and the way ideas about language have been used and misused in recent legal theory. He (...)
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  6. Pompeu Casanovas Romeu (ed.) (2007). Trends in Legal Knowledge: The Semantic Web and the Regulation of Electronic Social Systems: Papers From the B-4 Workshop on Artificial Intelligence and Law, May 25th- 27th 2005: Xxii World Congress of Philosophy Ivr '05 Granada, May 24th-29th 2005. [REVIEW] European Press Academic Pub..
  7. Jules L. Coleman & Ori Simchen (2003). 'Law'. Legal Theory 9 (1):1-41.
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  8. Christian Coons & Noah Levin (2011). The Dead Donor Rule, Voluntary Active Euthanasia, and Capital Punishment. Bioethics 25 (5):236-243.
    We argue that the dead donor rule, which states that multiple vital organs should only be taken from dead patients, is justified neither in principle nor in practice. We use a thought experiment and a guiding assumption in the literature about the justification of moral principles to undermine the theoretical justification for the rule. We then offer two real world analogues to this thought experiment, voluntary active euthanasia and capital punishment, and argue that the moral permissibility of terminating any patient (...)
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  9. Luís Duarte D'Almeida (2011). Legal Statements and Normative Language. Law and Philosophy 30 (2):167-199.
    Can there be a non-reductivist, source-based explanation of the use of normative language in statements describing the law and legal situations? This problem was formulated by Joseph Raz, who also claimed to have solved it. According to his well-known doctrine of ‘detached’ statements, normative legal statements can be informatively made by speakers who merely adopt, without necessarily sharing, the point of view of someone who accepts that legal norms are justified and ought to be followed. In this paper I defend (...)
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  10. John Gibbons (ed.) (1994). Language and the Law. Longman.
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  11. Simone Gittelson, Alex Biedermann, Silvia Bozza & Franco Taroni (2013). Modeling the Forensic Two-Trace Problem with Bayesian Networks. Artificial Intelligence and Law 21 (2):221-252.
    The forensic two-trace problem is a perplexing inference problem introduced by Evett (J Forensic Sci Soc 27:375–381, 1987). Different possible ways of wording the competing pair of propositions (i.e., one proposition advanced by the prosecution and one proposition advanced by the defence) led to different quantifications of the value of the evidence (Meester and Sjerps in Biometrics 59:727–732, 2003). Here, we re-examine this scenario with the aim of clarifying the interrelationships that exist between the different solutions, and in this way, (...)
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  12. Adam Grobler (2005). Law Truth and Presupposition. Philosophica 75:89-102.
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  13. By Toby Handfield (2004). Counterlegals and Necessary Laws. Philosophical Quarterly 54 (216):402–419.
    Necessitarian accounts of the laws of nature have an apparent difficulty in accounting for counterlegal conditionals because, despite appearing to be substantive, on the necessitarian thesis they are vacuous. I argue that the necessitarian may explain the apparently substantive content of such conditionals by pointing out the presuppositions of counterlegal discourse. The typical presupposition is that a certain conceptual possibility has been realized; namely, that necessitarianism is false. (The idea of conceptual possibility is explicated in terms of recent work in (...)
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  14. K. E. Himma (2007). Conceptual Analysis , the Naturalistic Turn, and Legal Philosophy. In Josep J. Moreso (ed.), Legal Theory: Legal Positivism and Conceptual Analysis: Proceedings of the 22nd Ivr World Congress, Granada 2005, Volume I = Teoría Del Derecho: Positivismo Jurídico y Análisis Conceptual. Franz Steiner Verlag.
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  15. H. L. Ho (2008). A Philosophy of Evidence Law: Justice in the Search for Truth. Oxford University Press.
    The dominant approach to evaluating the law on evidence and proof focuses on how the trial system should be structured to guard against error. This book argues instead that complex and intertwining moral and epistemic considerations come into view when departing from the standpoint of a detached observer and taking the perspective of the person responsible for making findings of fact. Ho contends that it is only by exploring the nature and content of deliberative responsibility that the role and purpose (...)
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  16. Graham Hubbs & Douglas Lind (eds.) (2014). Pragmatism, Law, and Language. Routledge.
    This volume puts leading pragmatists in the philosophy of language, including Robert Brandom, in contact with scholars concerned with what pragmatism has come to mean for the law. Each contribution uses the resources of pragmatism to tackle fundamental problems in the philosophy of language, the philosophy of law, and social and political philosophy. In many chapters, the version of pragmatism deployed proves a fruitful approach to its subject matter; in others, shortcomings of the specific brand of pragmatism are revealed. The (...)
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  17. Maksymilian T. Madelr, Descriptions of Behavior and Behavioral Concepts in Private Law.
    Every description contains within it a qualifier that allows us to avoid the problem of descriptive regress, and thus allows us to use the description for various purposes. Descriptive regress occurs because no one description can be understood without referring to further descriptions, which themselves require unpacking by reference to further descriptions ad infinitum. There are no fundamental descriptions no descriptions that attain and keep some privileged ontological status. The qualifier works by invoking the normal circumstances in which the description (...)
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  18. Andrei Marmor (2008). The Pragmatics of Legal Language. Ratio Juris 21 (4):423-452.
    The purpose of this essay is to explore some of the main pragmatic aspects of communication within the legal context. It will be argued that in some crucial respects, the pragmatics of legal language is unique, involving considerations that are not typically present in ordinary conversational contexts. In particular, certain normative considerations that are typically settled in a regular conversational context are unresolved and potentially contentious in the legal case. On the other hand, the essay also argues that a careful (...)
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  19. Andrei Marmor & Scott Soames (eds.) (2011). Philosophical Foundations of Language in the Law. Oxford University Press, Usa.
    Machine generated contents note: -- 1. The Value of Vagueness, Timothy Endicott -- 2. Vagueness and the Guidance of Action, Jeremy Waldron -- 3. What Vagueness and Inconsistency tell us about Interpretation, Scott Soames -- 4. Textualism and the Discovery of Rights, John Perry -- 5. The Intentionalism of Textualism, Stephen Neale -- 6. Can the Law Imply More than It Says? On some pragmatic aspects of Strategic Speech, Andrei Marmor -- 7. Modeling Legal Rules, Richard Holton -- 8. Trying (...)
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  20. Marcin Matczak (2007). Semantyka Kripkego-Putnama a język prawny. Studia Semiotyczne 26:307-329.
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  21. Mary Kate McGowan (2012). On 'Whites Only' Signs and Racist Hate Speech: Verbal Acts of Racial Discrimination. In Mary Kate McGowan Ishani Maitra (ed.), Speech and harm: Controversies over Free Speech. Oxford University Press.
  22. Josep J. Moreso (ed.) (2007). Legal Theory: Legal Positivism and Conceptual Analysis: Proceedings of the 22nd Ivr World Congress, Granada 2005, Volume I = Teoría Del Derecho: Positivismo Jurídico y Análisis Conceptual. [REVIEW] Franz Steiner Verlag.
  23. Frank Nuessel (1999). Linguistics, Language, and the Law. Semiotics:185-196.
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  24. John Oberdiek & Dennis Patterson (2007). Moral Evaluation and Conceptual Analysis in Jurisprudential Methodology. In Michael D. A. Freeman & Ross Harrison (eds.), Law and Philosophy. Oxford University Press.
  25. Dennis M. Patterson (1996). Law and Truth. Oxford University Press.
    Are propositions of law true or false? If so, what does it mean to say that propositions of law are true and false? This book takes up these questions in the context of the wider philosophical debate over realism and anti-realism. Despite surface differences, Patterson argues that the leading contemporary jurisprudential theories all embrace a flawed conception of the nature of truth in law. Instead of locating that in virtue of which propositions of law are true, Patterson argues that lawyers (...)
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  26. Niels Peek (1997). Representing Law in Partial Information Structures. Artificial Intelligence and Law 5 (4):263-290.
    This paper presents a new language for isomorphic representations of legalknowledge in feature structures. The language includes predefinedstructures based on situation theory for common-sense categories, andpredefined structures based on Van Kralingens (1995) frame-based conceptualmodelling language for legal rules. It is shown that the flexibility of thefeature-structure formalism can exploited to allow for structure-preservingrepresentations of non-primitive concepts, and to enable various types ofinteraction and cross-<span class='Hi'>reference</span> between language elements. A fragment of theDutch Opium Act is used to illustrate how modelling and (...)
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  27. Lorenzo Peña (2006). Imperativos, preceptos y normas. Logos 39:111-142.
    The paper goes into the intricate logical relation between imperatives, precepts and norms. It shows that there need not be two senses of "ought", the one descriptive and the other prescriptive, since when the law-giver enacts a fresh statute he is hereby making a tru statement, whose truth is grounded on the statement itself.
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  28. Jaroslav Peregrin, Legal Inferentialism and Semantic Inferentialism.
    One of the recent trends in the philosophy of language and theory of meaning is the inferentialist project launched by Robert Brandom (1994, 2000, 2008), elaborating on the approach of Wilfrid Sellars (1953, 1954, 1956, 1974). According to this project, language is to be seen as essentially a rule-governed activity, providing for meaningful utterances in a way analogous to the way in which the rules of chess provide for making one's pawns, bishops or rooks attack one's opponent, checking his king (...)
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  29. Ori Simchen (forthcoming). Metasemantics and Legal Interpretation. In George Pavlakos & Veronica Rodriguez-Blanco (eds.), Reasons and Intentions in Law and Practical Agency. 72-92.
    There is a familiar disagreement between Justice Antonin Scalia of the US Supreme Court and Ronald Dworkin over whether the Eighth Amendment to the US Constitution could be plausibly interpreted so as to prohibit capital punishment. The dispute reflects a deep divergence in approach to statutory interpretation. I explore this divergence by paying particularly close attention to its metasemantic background. I then argue that the metasemantic orientation clearly vindicates the Dworkinian side.
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  30. Ori Simchen (2007). Metasemantics and Objectivity. In Enrique Villanueva (ed.), Law: Metaphysics, Meaning, and Objectivity, Social, Political, and Legal Philosophy, Volume 2.
    It is shown that the most plausible metasemantics for a typical common noun provides materials for a transcendental argument for objectivity: the very possibility that a typical common noun should have its significance requires that there be an objective measure of similarity among instances of the relevant kind.
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  31. David B. Skalak & Edwina L. Rissland (1992). Arguments and Cases: An Inevitable Intertwining. [REVIEW] Artificial Intelligence and Law 1 (1):3-44.
    We discuss several aspects of legal arguments, primarily arguments about the meaning of statutes. First, we discuss how the requirements of argument guide the specification and selection of supporting cases and how an existing case base influences argument formation. Second, we present,our evolving taxonomy of patterns of actual legal argument. This taxonomy builds upon our much earlier work on argument moves and also on our more recent analysis of how cases are used to support arguments for the interpretation of legal (...)
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  32. Scott Soames, Toward a Theory of Legal Interpretation.
    By “legal interpretation” I mean the legally authoritative resolution of questions about what the content of the law is in its application to particular cases. It is the interpretation of legal texts by legally authoritative actors. One aspect of it is epistemological and one is constitutive. The epistemological task is to ascertain the content of laws resulting from previous actions of other legally authoritative sources. The constitutive task is to render an authoritative judgment that itself plays a role in determining (...)
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  33. Robert Stecker (2003). Interpretation and Construction: Art, Speech, and the Law. Blackwell.
    Interpreting the everyday -- Art interpretation : the central issues -- A theory of art interpretation : substantive claims -- A theory of art interpretation : conceptual and ontological claims -- Radical constructivism -- Moderate and historical constructivism -- Interpretation and construction in the law -- Relativism versus pluralism.
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  34. Robert S. Summers (1999). Formal Legal Truth and Substantive Truth in Judicial Fact-Finding -- Their Justified Divergence in Some Particular Cases. Law and Philosophy 18 (5):497 - 511.
    Truth is a fundamental objective of adjudicative processes; ideally, substantive as distinct from formal legal truth. But problems of evidence, for example, may frustrate finding of substantive truth; other values may lead to exclusions of probative evidence, e.g., for the sake of fairness. Jury nullification and jury equity. Limits of time, and definitiveness of decision, require allocation of burden of proof. Degree of truth-formality is variable within a system and across systems.
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  35. Erin C. Tarver (2007). Particulars, Practices, and Pragmatic Feminism: Breaking Rules and Rulings with William James. Journal of Speculative Philosophy 21 (4):pp. 275-290.
  36. Enrique Villanueva (ed.) (2007). Law: Metaphysics, Meaning, and Objectivity, Social, Political, and Legal Philosophy, Volume 2.
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  37. Jerzy Wróblewski (1979). Meaning and Truth in Judicial Decision. Juridica.
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  38. Berislav Žarnić (2010). A Logical Typology of Normative Systems. Journal of Applied Ethics and Philosophy 2 (1):30-40.
    In this paper, the set-theoretic approach in the logical theory of normative systems is extended using Broome’s definition of the normative code function. The syntax and semantics for first order metanormative language is defined, and metanormative language is applied in the formalization of the basic principles in Broome’s approach and in the construction of a logical typology of normative systems. Special attention is given to the types of normative systems which are not definable in terms of the properties of singular (...)
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