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  1. Aulis Aarnio (1998). On Collective Actions. Some Remarks on the Theory of Legal Actions. Ratio Juris 11 (1):1-11.
    In this paper the author deals with collegial judicial decisions as a form of human action. The scope is, however, limited to three questions: What is the structure and the status of the general theory of action; Is this theory applicable to such performative acts as judicial decisions; and finally, Is it possible to speak about action in connection with collective agents such as collegial courts? The author defends the thesis that general theory of action as such is applicable to (...)
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  2. Aulis Aarnio (1989). On the Legitimacy of Law: A Conceptual Point of View. Ratio Juris 2 (2):202-210.
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  3. Matthew D. Adler & Eric A. Posner (eds.) (2001). Cost-Benefit Analysis: Legal, Economic, and Philosophical Perspectives. University of Chicago Press.
    Cost-benefit analysis is a widely used governmental evaluation tool, though academics remain skeptical. This volume gathers prominent contributors from law, economics, and philosophy for discussion of cost-benefit analysis, specifically its moral foundations, applications and limitations. This new scholarly debate includes not only economists, but also contributors from philosophy, cognitive psychology, legal studies, and public policy who can further illuminate the justification and moral implications of this method and specify alternative measures. These articles originally appeared in the Journal of Legal Studies. (...)
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  4. Larry Alexander (2012). Legal Objectivity and the Illusion of Legal Principles. In Matthias Klatt (ed.), Institutionalized Reason: The Jurisprudence of Robert Alexy. Oxford University Press.
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  5. Larry Alexander (1996). Affirmative Duties and the Limits of Self-Sacrifice. Law and Philosophy 15 (1):65 - 74.
    American criminal law reflects the absence of any general duty of Good Samaritanism. Nonetheless, there are some circumstances in which it imposes affirmative duties to aid others. In those circumstances, however, the duty to aid is canceled whenever aiding subjects the actor to a certain level of risk or sacrifice, a level that can be less than the risk or sacrifice faced by the beneficiary if not aided. In this article, I demonstrate that this approach to limiting affirmative duties to (...)
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  6. Mile Babić (2010). Hegelova Filozofija Prava: Država I Religija U Hegelovoj Filozofiji Prava. Hrvatsko Filozofsko Društvo.
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  7. Zenon Bankowski (1991). The Institution of Law. Ratio Juris 4 (1):79-85.
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  8. N. W. Barber (2004). Must Legalistic Conceptions of the Rule of Law Have a Social Dimension? Ratio Juris 17 (4):474-488.
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  9. Sonu Bedi (2011). Expressive Exclusion: A Defense. Journal of Moral Philosophy 7 (4):427-440.
    Central to the freedom of association is the freedom to exclude. In fact, American constitutional law permits associations to discriminate on otherwise prohibited grounds, a principle of expressive discrimination or what I call "expressive exclusion." However, we lack a complete normative defense of it. Too often, expressive exclusion is justifi ed as a simple case of religious accommodation, or a simple case of freedom of association or speech—justifi cations that are defi cient. I argue that expressive exclusion is essential in (...)
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  10. Carolyn Benson & Julian Fink (2012). Legal Oughts, Normative Transmission, and the Nazi Use of Analogy. Jurisprudence 3 (2):445-463.
    In 1935, the Nazi government introduced what came to be known as the abrogation of the pro- hibition of analogy. This measure, a feature of the new penal law, required judges to stray from the letter of the written law and to consider instead whether an action was worthy of pun- ishment according to the ‘sound perception of the people’ and the ‘underlying principle’ of existing criminal statutes. In discussions of Nazi law, an almost unanimous conclusion is that a system (...)
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  11. Tadeusz Buksiński (2000). Prawo a Władza Polityczna. Uniwersytet Im. Adama Mickiewicza W Poznaniu, Wydawn. Naukowe Instytutu Filozofii.
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  12. Felipe Oliveira De Sousa (2013). The Objectivity of Beliefs, Reasonable Disagreement and Political Deliberation. Ratio Juris 26 (2):262-281.
    This paper is part of a broader argument that seeks to offer a justification for political authority. It aims to investigate the role of truth in political argument and to place the problem of reasonable disagreement. The argument focuses on the possibility of political deliberation, that figures as a stage of political decision-making. It has to do with a confrontation between incompatible substantive beliefs which, however, all seem to be reasonable. How can citizens holding incompatible beliefs engage in an enterprise (...)
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  13. Candice Delmas (2014). Political Resistance: A Matter of Fairness. Law and Philosophy 33 (4):465-488.
    In this paper, I argue that the principle of fairness can license both a duty of fair play, which is used to ground a moral duty to obey the law in just or nearly just societies, and a duty of resistance to unfair and unjust social schemes. The first part of the paper analyzes fairness’ demands on participants in mutually beneficial schemes of coordination, and its implications in the face of injustice. Not only fairness does not require complying with unfair (...)
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  14. Govert Den Hartogh (2013). The Political Obligation To Donate Organs. Ratio Juris 26 (3):378-403.
    The first question I discuss in this paper is whether we have a duty of rescue to make our organs available for transplantation after our death, a duty we owe to patients suffering from organ failure. The second question is whether political obligations, in particular the obligation to obey the law, can be derived from natural duties, possibly duties of beneficence. Such duties are normally seen as merely imperfect duties, not owed to anyone. The duty of rescue, however, is a (...)
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  15. George Duke (2013). Finnis on the Authority of Law and the Common Good. Legal Theory 19 (1):44-62.
    This paper seeks to elucidate the role played by the common good in John Finnis's arguments for a generic and presumptive moral obligation to obey the law.1 Finnis's appeal to the common good constitutes a direct challenge to liberal and philosophical anarchist denials of a generic and presumptive obligation to obey the law.2 It is questionable, however, whether Finnis has presented the strongest possible case for his position. In the first section I outline Finnis's account of the relationship between basic (...)
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  16. Kenneth Ehrenberg (2011). Joseph Raz's Theory of Authority. Philosophy Compass 6 (12):884-894.
    Joseph Raz’s theory of authority has become influential among moral, political, and legal philosophers. This article will provide an overview and accessible explanation of the theory, guiding those coming to it for the first time as to its theoretical ambitions within the wider issues of authority, and through its intricacies. I first situate the theory among philosophical examinations of authority, and then explain the theory itself in detail.
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  17. Christopher Essert (2013). Legal Obligation and Reasons. Legal Theory 19 (1):63-88.
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  18. I. C. Ezeonu (2007). Christopher Heath Wellman and A. John Simmons, Is There a Duty to Obey the Law? Philosophy in Review 27 (6):149.
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  19. O. Filippini (2002). The Discipline of Authority: Authority of the Confessor and Legitimacy of Royal Power According to the Dominican Juan de Santo Tomas, Confessor of the Spanish King Philip IV (1643-1644). [REVIEW] Rivista di Filosofia Neo-Scolastica 94 (4):587-635.
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  20. Evan Fox-Decent (2011). Sovereignty's Promise: The State as Fiduciary. Oup Oxford.
    Arguing that the state and its people stand in a fiduciary relationship, Sovereignty's Promise puts forward a bold new account of political authority and its legal limits. In doing so it presents a fresh argument for common law constitutionalism and a novel theoretical framework for understanding the requirements of the rule of law.
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  21. Stephen P. Garvey (2013). Was Ellen Wronged? Criminal Law and Philosophy 7 (2):185-216.
    Imagine a citizen (call her Ellen) engages in conduct the state says is a crime, for example, money laundering. Imagine too that the state of which Ellen is a citizen has decided to make money laundering a crime. Does the state wrong Ellen when it punishes her for money laundering? It depends on what you think about the authority of the criminal law. Most criminal law scholars would probably say that the criminal law as such has no authority. Whatever authority (...)
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  22. Mariusz J. Golecki (2011). A Game-Theoretic Solution to the Problem of Reciprocity and Fairness in Contracts. In Jerzy Stelmach & Wojciech Załuski (eds.), Game Theory and the Law. Copernicus Center Press.
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  23. Noam Gur (2013). Actions, Attitudes, and the Obligation to Obey the Law. Journal of Political Philosophy 21 (3):326-346.
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  24. Anne Héritier Lachat & Laurent Hirsch (eds.) (2004). De Lege Ferenda: Réflexions Sur le Droit Désirable En l'Honneur du Professeur Alain Hirsch. Editions Slatkine.
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  25. Kenneth Einar Himma (2013). The Ties That Bind: An Analysis of the Concept of Obligation. Ratio Juris 26 (1):16-46.
    Legal positivism lacks a comprehensive theory of legal obligation. Hart's account of legal obligation, if successful, would explain only how the rule of recognition obligates officials. There is nothing in Hart's account of social obligation and social norms that would explain how the legal norms that govern citizen behavior give rise to legal obligations. However, we cannot give a theoretical explanation of the concept of legal obligation without a theoretical explanation of the concept of obligation. If legal, social and moral (...)
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  26. T. B. T. J. (1964). A General Theory of Authority. [REVIEW] Review of Metaphysics 17 (3):482-482.
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  27. Dong-il Kim (2013). Right, Equality, and the Fairness Obligation. Philosophia 41 (3):795-807.
    The principle of fairness holds that individuals (beneficiaries) who benefit from a cooperative scheme of others (cooperators) have an obligation to do their share in return for their benefit. The original proponent of this principle, H. L. A. Hart suggests ‘mutuality of restrictions’ as a moral basis because it is fair to mutually restrict the freedom of both beneficiaries and cooperators; so called the fairness obligation. This paper explores ‘mutuality of restrictions’, which is interpreted as a right-based and an equality-based (...)
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  28. Dimitrios Kyritsis (2012). The Persistent Significance of Jurisdiction. Ratio Juris 25 (3):343-367.
    According to Joseph Raz's sources thesis, the existence and content of authoritative directives must be identifiable by resort to the social fact of their provenance from a de facto authority, without regard to any of the normative considerations that the authority in question is supposed to rely on in its judgment. This article argues that the sources thesis fails to account for the role of jurisdictional considerations (namely, considerations about the scope of a de facto authority's power) in the identification (...)
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  29. Cristina Lafont (2012). Correctness and Legitimacy in the Discourse Theory of Law. In Matthias Klatt (ed.), Institutionalized Reason: The Jurisprudence of Robert Alexy. Oxford University Press.
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  30. O. Ė Leĭst, N. G. Beli͡aeva & A. A. Mati͡ukhin (eds.) (2005). Problemy Teorii Prava I Gosudarstva, Istorii Politiko-Pravovoĭ Mysli: Sbornik Rabot Uchenikov, Druzeĭ, Kolleg Professora Olega Ėrnestovicha Leĭsta. Ai͡o-Vshp "Ădīlet".
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  31. Ryan Long (2014). Responsibility, Authority, and the Community of Moral Agents in Domestic and International Criminal Law. International Criminal Law Review 14 (4-5):836 – 854.
    Antony Duff argues that the criminal law’s characteristic function is to hold people responsible. It only has the authority to do this when the person who is called to account, and those who call her to account, share some prior relationship. In systems of domestic criminal law, this relationship is co-citizenship. The polity is the relevant community. In international criminal law, the relevant community is simply the moral community of humanity. I am sympathetic to his community-based analysis, but argue that (...)
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  32. Sylvie Loriaux (2012). On the Ground and Content of Our Obligations to Future Generations: A Review of Alex Gosseries and Luke H Meyer (Eds), Intergenerational Justice by Sylvie Loriaux. [REVIEW] Jurisprudence 3 (1):263-266.
  33. Catherine Lu (2015). Richard Vernon: Cosmopolitan Regard: Political Membership and Global Justice. [REVIEW] Criminal Law and Philosophy 9 (1):171-175.
    We live in a time of “cosmopolitan regard,” when there is widespread acknowledgement that every person has moral importance. At the same time, most of us affirm and practice particular regard for our family, friends and compatriots, despite knowing that in our contemporary world, every day, many people, in many places, are treated like nothing. Are cosmopolitan and particular regard fated to be irreconcilable features of our moral lives? Are the grounds for our moral duties to our fellow citizens fundamentally (...)
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  34. Andrei Marmor (2010). El dilema de la autoridad. Anales de la Cátedra Francisco Suárez 44:149-173.
    The normal way to establish that a person has authority over another requires a rulegoverned institutional setting. To have authority is to have power, in the juridical sense of the term, and power can only be conferred by norms constituting it. Power conferring norms are essentially institutional, and the obligation to comply with a legitimate authority’s decree is, first and foremost, institutional in nature. Thus, the main argument presented in this essay is that an explanation of practical authorities is a (...)
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  35. Xiangfeng Meng (2009). Fa Lü Kong Quan Lun: Quan Li Yun Xing de Fa Lü Kong Zhi. Zhongguo Fang Zheng Chu Ban She.
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  36. Dorota Mokrosinska (2013). Communal Ties and Political Obligations. Ratio Juris 26 (2):187-214.
    The associative argument for political obligation has taken an important place in the debate on political obligation. Proponents of this view argue that an obligation to obey the government arises out of ties of affiliation among individuals who share the same citizenship. According to them, relationships between compatriots constitute basic reasons for action in the same way in which relationships between family members or friends do. As critics point out, this account of the normative force of relationships has counterintuitive implications: (...)
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  37. Jeffrey Reiman (2013). A Moral Equivalent of Consent of the Governed. Ratio Juris 26 (3):358-377.
    Though genuine (voluntary, deliberate) consent of the governed does not occur in modern states, political legitimacy still requires something that does what consent does. Dereification of the state (recognizing that citizens continually create their state), combined with a defensible notion of moral responsibility, entails citizens' moral responsibility for their state. This implies that we may treat citizens morally as if they consented to their state, yielding a moral equivalent of consent of the governed, and a conception of political legitimacy applicable (...)
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  38. Tomás Rubio Garrido (2006). La Doctrina de Los Autores: De Fuente Jurídica Primaria a la Vulgarización E Irrelevancia. Editorial Comares.
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  39. Paolo Silvestri & Francesco Forte (2013). Pareto’s Sociological Maximum of Utility of the Community and the Theory of the Elites. In Jurgen Backhaus (ed.), Essentials of Fiscal Sociology. Conceptions of an Encyclopedia. Peter Lang. 231-265.
    The paper deals with three interrelated Pareto’s contributions to fiscal sociology of relevant contemporary importance, i. e., the maximum of utility of the community as a sociological process (Pareto II criterion of maximum welfare), the non logical actions consisting of derivations based on residuals and the theory of the elites. Pareto II welfare criterion of sociological maximization of individual utilities is compared with Pareto I welfare criterion, commonly known as Pareto criterion, introducing the process of valuations by the elite of (...)
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  40. A. John Simmons (2013). Democratic Authority and the Boundary Problem. Ratio Juris 26 (3):326-357.
    Theories of political authority divide naturally into those that locate the source of states' authority in the history of states' interactions with their subjects and those that locate it in structural (or functional) features of states (such as the justice of their basic institutions). This paper argues that purely structuralist theories of political authority (such as those defended by Kant, Rawls, and contemporary “democratic Kantians”) must fail because of their inability to solve the boundary problem—namely, the problem of locating the (...)
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  41. Yves R. Simon (1991). A General Theory of Authority. University of Notre Dame Press.
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  42. Dale Smith (2012). Must the Law Be Capable of Possessing Authority? Legal Theory 18 (1):69-100.
    Joseph Raz famously argues that given that the law necessarily claims authority and given the account of authority he provides, exclusive legal positivism is the only tenable theory of law. In this article, I contend that even if one accepts that the law necessarily claims authority and that Raz's account of authority is correct, it does not follow that exclusive legal positivism is the only tenable theory of law. This is because even if the law necessarily claims authority, it need (...)
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  43. Marta Soniewicka (2011). What I Ought to Do?" : Norms and Obligations in the Philosophy of Friedrich Nietzsche. In Jerzy Stelmach & Bartosz Brożek (eds.), The Normativity of Law. Copernicus Center Press.
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  44. Jeremy Waldron (2003). Authority for Officials. In Lukas H. Meyer, Stanley L. Paulson & Thomas W. Pogge (eds.), Rights, Culture and the Law: Themes From the Legal and Political Philosophy of Joseph Raz. Oup Oxford.
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  45. Kenneth R. Westphal (2002). ‘A Kantian Justification of Possession’. In M. Timmons (ed.), Kant’s Metaphysics of Ethics: Interpretive Essays. Oxford.
    Kant’s justification of possession appears to assume rather than prove its legitimacy. This apparent question-begging has been recapitulated or exacerbated but not resolved in the literature. However, Kant provides a sound justification of limited rights to possess and use things (qualified choses in possession), not of private property rights. Kant’s argument is not purely a priori; it is in Kant’s Critical sense ‘metaphysical’ because it applies the pure a priori ‘Universal Principles of Right’ to the concept of finite rational human (...)
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  46. Zhangrun Xu & Zhiyong Zhai (eds.) (2010). Guo Jia Li Xing. Fa Lü Chu Ban She..
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  47. Ekow N. Yankah (2013). Legal Vices and Civic Virtue: Vice Crimes, Republicanism and the Corruption of Lawfulness. [REVIEW] Criminal Law and Philosophy 7 (1):61-82.
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  48. Ekow N. Yankah (2012). When Justice Can't Be Done: The Obligation to Govern and Rights in the State of Terror. [REVIEW] Law and Philosophy 31 (6):643-672.
    This article explores a view nearly absent from modern political theory, that there is a duty to create and secure government which imposes on some a duty to govern. This duty is grounded in philosophers as disparate as Aquinas, Locke, Hobbes and Finnis. To fail one's duty to govern, especially over the range of goods that can only be secured by government, is to have committed a wrong against another. If there is an obligation to govern that is rooted in (...)
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Legal Authority
  1. Jonny Anomaly & Geoffrey Brennan (2014). Social Norms, The Invisible Hand, and the Law. University of Queensland Law Journal 33 (2).
  2. M. Baurmann (2000). Legal Authority as a Social Fact. Law and Philosophy 19 (2):247-262.
    From a sociological point of view, the conceptual and logical relations between the norms of legal order represent empirical and causal relations between social actors. The claim that legal authority is based on the validity of empowering norms means, sociologically, that the capability to enact and enforce legal norms is based on an empirical transfer of power from one social actor to another. With this process, sociology has to explain how a proclamation of legal rights by the creation of empowering (...)
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