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  1. Larry Alexander (2010). Plastic Trees and Gladiators: Liberalism and Aesthetic Regulation. Legal Theory 16 (2):77-90.
    The hallmark of modern liberalism is its embrace of the Millian harm principle and its antipathy to legal moralism. In this article I consider whether aesthetic regulations can be justified under the harm principle as that principle has been elaborated by Joel Feinberg. I conclude that aesthetic and other regulations that most liberals regard as unproblematic are actually instances of legal moralism.
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  2. Larry Alexander (2005). When Are We Rightfully Aggrieved?: A Comment on Postema. Legal Theory 11 (3):325-332.
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  3. Jonny Anomaly & Geoffrey Brennan (2014). Social Norms, The Invisible Hand, and the Law. University of Queensland Law Journal 33 (2).
  4. 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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  5. Richard J. Bonnie, Stephanie Wright & Kelly K. Dineen (2008). Legal Authority to Preserve Organs in Cases of Uncontrolled Cardiac Death: Preserving Family Choice. Journal of Law, Medicine & Ethics 36 (4):741-751.
    The gap between the number of organs available for transplant and the number of individuals who need transplanted organs continues to increase. At the same time, thousands of transplantable organs are needlessly overlooked every year for the single reason that they come from individuals who were declared dead according to cardio pulmonary criteria. Expanding the donor population to individuals who die uncontrolled cardiac deaths will reduce this disparity, but only if organ preservation efforts are utilized. Concern about potential legal liability (...)
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  6. Thom Brooks (2004). The Right to Trial by Jury. Journal of Applied Philosophy 21 (2):197–212.
    This article offers a justification for the continued use of jury trials. I shall critically examine the ability of juries to render just verdicts, judicial impartiality, and judicial transparency. My contention is that the judicial system that best satisfies these values is most preferable. Of course, these three values are not the only factors relevant for consideration. Empirical evidence demonstrates that juries foster both democratic participation and public legitimation of legal decisions regarding the most serious cases. Nevertheless, juries are costly (...)
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  7. Turhan Canli, Susan Brandon, William Casebeer, Philip J. Crowley, Don DuRousseau, Henry T. Greely & Alvaro Pascual-Leone (2007). Neuroethics and National Security. American Journal of Bioethics 7 (5):3 – 13.
  8. Turhan Canli, Susan Brandon, William Casebeer, Philip J. Crowley, Don DuRousseau, Henry T. Greely & Alvaro Pascual-Leones (2007). Response to Open Peer Commentaries on "Neuroethics and National Security". American Journal of Bioethics 7 (5):W1 – W3.
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  9. Philip Cook (2009). Fairness Consensus and the Justification of the Ideal Liberal Constitution. Canadian Journal of Law and Jurisprudence 22 (1):165-186.
    In "Constitutional Goods" Alan Brudner presents novel conception of justice that will inform the content of the ideal liberal constitution. The content of this novel conception of justice is constituted by what Brudner describes as an inclusive conception of liberalism, and its justification is grounded on an account of public reason that is presented in opposition to that of John Rawls. I argue that we should reject both the content and justification of Brudner's conception ofjustice. Brudner is unable to construct (...)
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  10. Paul Stephen Dempsey & Michael C. Mineiro, Icao's Legal Authority to Regulate Aerospace Vehicles.
    Space tourism is but the threshold step in the commercial development of privately financed and built space transportation systems. Once the technology has proven safe for the occasional wealthy tourist eager to float weightlessly and gaze down upon mother Earth, it is likely that entrepreneurs will take the next logical step and employ aerospace vehicles as suborbital transportation vehicles, sharply reducing transit times between the world's major cities. As there was once a high-end business and luxury market for the supersonic (...)
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  11. Kenneth M. Ehrenberg (2013). Law's Authority is Not a Claim to Preemption. In Wilfrid J. Waluchow & Stefan Sciaraffa (eds.), Philosophical Foundations of the Nature of Law. Oxford University Press 51.
    Joseph Raz argues that legal authority includes a claim by the law to replace subjects’ contrary reasons. I reply that this cannot be squared with the existence of choice-of-evils defenses to criminal prosecutions, nor with the view that the law has gaps (which Raz shares). If the function of authority is to get individuals to comply better with reason than they would do if left to their own devices, it would not make sense for law to claim both to pre-empt (...)
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  12. Kenneth M. Ehrenberg (2011). Critical Reception of Raz's Theory of Authority. Philosophy Compass 6 (11):777-785.
    This is a canvass to the critical reaction to Joseph Raz’s service conception of authority, as well as actual or possible replies by Raz. Familiarity is assumed with the theory itself, covered in a previous article. The article focuses primarily on direct criticisms of Raz’s theory, rather than replies developed in the context of a theorist’s wider project.
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  13. Kenneth M. 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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  14. Pavlos Eleftheriadis (forthcoming). Citizenship and Obligation. In Julie Dickson & Pavlos Eleftheriadis (eds.), Philosophical Foundations of European Union Law. Oxford University Press
    Many political philosophers believe that we owe moral obligations to our political communities simply because we are asked. We are, for example to pay taxes, or serve in the army whenever we are demanded to do so by the competent authorities or agencies. Can such moral obligations be created by European Union institutions? This essay discusses the natural duty of justice to support just or nearly just political institutions as defended by John Rawls and Jeremy Waldron. It suggests that European (...)
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  15. C. Faraco (2013). Breve excursus sul concetto di legge in Francisco Suárez. In Colonne Ofitiche. Percorsi di ermeneutica simbolica. 73-84.
    Il breve saggio sul concetto di lex in Suárez evidenzia come la nota definizione di Tommaso d’Aquino, pur rappresentando un punto di riferimento imprescindibile nel dibattito giuridico, morale e teologico, possa esser riscritta. E l’innovazione del gesuita spagnolo si delinea in una definizione di legge, ove i termini intelletto e volontà sono posti in modo differente e il dialogo tra questi concetti generi una costruzione morale, che tenga conto della libertà della volontà dall’intelletto e da un ordo precostituito.
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  16. Evan Fox-Decent, The Fiduciary Nature of State Legal Authority.
    The fundamental interaction that triggers a fiduciary obligation is the exercise by one party of discretionary power of an administrative nature over another party's interests, where the latter party is unable, as a matter of fact or law, to exercise the fiduciary's power. The goal of this paper is to demonstrate that there is something "deeply fiduciary" about the interaction between a state and its subjects. The fiduciary nature of this relationship provides the justification for the state's legal authority and (...)
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  17. Evan Fox-Decent, Fashioning Legal Authority From Power: The Crown-Native Fiduciary Relationship.
    The prevailing view in Canada of the Crown-Native fiduciary relationship is that it arose as a consequence of the Crown taking on the role of intermediary between First Nations and British settlers eager to acquire Aboriginal lands. First Nations are sometimes deemed to have surrendered their sovereignty in exchange for Crown protection. The author suggests that the sovereignty-for-protection argument does not supply a compelling account of how Aboriginal peoples lost their sovereignty to the Crown. Furthermore, Aboriginal treaties compel the courts (...)
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  18. Tatjana Gajic (2008). Francoist Legality: On the Crisis of Authority and the Limits of Liberalism in Jesús Fueyo and José Ortega y Gasset. The European Legacy 13 (2):161-174.
    This paper focuses on a crucial and insufficiently examined issue of the conflict between legality and legitimacy, seen as a key element in securing continuity and providing the intellectual justification of the Francoist regime. Without analyzing the tension between legality and legitimacy, it is impossible to comprehend and successfully dismantle the thesis of the regime's intellectuals, recently revitalized by revisionist historians, according to which Francoism succeeded in re-establishing historical continuity and political normalcy in Spanish society. In the context of the (...)
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  19. William Gay (1980). Justification of Legal Authority: Phenomenology Vs Critical Theory. Journal of Social Philosophy 11 (2):1-10.
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  20. Paul Gowder (2015). What the Laws Demand of Socrates—and of Us. The Monist 4 (1):260-374.
    In historical and strategic context, the argument of the Laws in Plato’s Crito should be understood not as an argument for legal obedience in general, but as an argument against the public display of legal impunity (i.e., procured by bribery). Stable democratic authority requires the threat of mass collective action in support of the rule of law. But that threat is not credible without widespread trust by citizens in their fellows’ commitment to the law. Socrates’s impunity would have undermined that (...)
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  21. Leslie Green (1990). The Authority of the State. Clarendon Press.
    The modern state claims supreme authority over the lives of all its citizens. Drawing together political philosophy, jurisprudence, and public choice theory, this book forces the reader to reconsider some basic assumptions about the authority of the state. -/- Various popular and influential theories - conventionalism, contractarianism, and communitarianism - are assessed by the author and found to fail. Leslie Green argues that only the consent of the governed can justify the state's claims to authority. While he denies that there (...)
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  22. Alexander A. Guerrero (2012). Lawyers, Context, and Legitimacy: A New Theory of Legal Ethics. Georgetown Journal of Legal Ethics 25 (1):107-164.
    Even good lawyers get a bad rap. One explanation for this is that the professional rules governing lawyers permit and even require behavior that strikes many as immoral. The standard accounts of legal ethics that seek to defend these professional rules do little to dispel this air of immorality. The revisionary accounts of legal ethics that criticize the professional rules inject a hearty dose of morality, but at the cost of leaving lawyers unrecognizable as lawyers. This article suggests that the (...)
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  23. Susan Haack (2009). Irreconcilable Differences? The Troubled Marriage of Science and Law. Law and Contemporary Problems 72 (1).
    Because its business is to resolve disputed issues, the law very often calls on those fields of science where the pressure of commercial interests is most severe. Because the legal system aspires to handle disputes promptly, the scientific questions to which it seeks answers will often be those for which all the evidence is not yet in. Because of its case-specificity, the legal system often demands answers of a kind science is not well-equipped to supply; and, for related reasons, constitutes (...)
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  24. Jaap Hage & Aleksander Peczenik (2000). Law, Morals and Defeasibility. Ratio Juris 13 (3):305-325.
  25. Chad Kautzer (2005). Utilitarian Topographies of the Public. In Gary Backhaus (ed.), Lived Topographies. Lexington Books 163-82.
  26. Aaron Maltais (2014). Political Obligations in a Sea of Tyranny and Crushing Poverty. Legal Theory 20 (3):186-209.
    Christopher Wellman is the strongest proponent of the natural-duty theory of political obligations and argues that his version of the theory can satisfy the key requirement of ; namely, justifying to members of a state the system of political obligations they share in. Critics argue that natural-duty theories like Wellman's actually require well-ordered states and/or their members to dedicate resources to providing the goods associated with political order to needy outsiders. The implication is that natural-duty approaches weaken the particularity requirement (...)
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  27. Marcin Matczak, Three Types of Intention in Lawmaking.
    The nature of legislative intent remains a subject of vigourous debate in legal theory. A conspicuous feature of the debate is that its participants perceive the intent in many different ways. Some see it as an intention concerning the meaning of the words used in legal text, others as a will to enact the law, others still as a set of expectations regarding the law’s impact on reality. In this paper I identify the reason for such diverse perceptions: namely, that (...)
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  28. Ross Motabhoy (2012). A Critical Examination of Jiri Priban's "Doing What Comes Naturally, or a Walk on the Wild Side? Stanlet Fish's Antifoundationalist Concept of Law, It's Closure and Force". Dissertation, University of Kent
  29. Philip Olson (2014). Flush and Bone: Funeralizing Alkaline Hydrolysis in the United States. Science, Technology, and Human Values 39 (5):666-693.
  30. Cindy Phillips (forthcoming). The Presumption of Liberty and Coerciveness of Law. Jurisprudence.
    A dominant belief in political philosophy is that states must be entitled to authorize the use of coercion in order to justifiably coerce its subjects (Lamond 2001, Ripstein 2004). Call this view the entitlement view. On this view, for a state to justifiably coerce its subjects, a necessary condition is that it is entitled (or has a right) to authorize the use of coercion. Skeptics hold the entitlement view (Simmons 1979, Wolff 1970). However, they deny that states are entitled to (...)
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  31. Marek Piechowiak (2015). Problem Aksjologicznej Legitymizacji Uniwersalnego Systemu Ochrony Praw Człowieka. In Elżbieta Karska (ed.), Globalne problemy ochrony praw człowieka. Katedra Ochrony Praw Człowieka I Prawa Międzynarodowego UKSW 86-100.
    Problem of Axiological Legitimization of the Universal System of the Protection of Human Rights Summary In this paper it is argued that legitimization of the universal system (UN-system) of the protection of human rights depends primary not from the content of values recognised as fundamental but rather from metaaxiological solutions related to the way of existence and to the possibility of cognition of these values. Legitimisation is based on the recognition of an objective nature and of cognoscibility of basic values. (...)
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  32. Marek Piechowiak (2015). Problem Aksjologicznej Legitymizacji Uniwersalnego Systemu Ochrony Praw Człowieka [Problem of Axiological Legitimization of the Universal System of the Protection of Human Rights]. In Elżbieta Karska (ed.), Globalne Problemy Ochrony Praw Człowieka. Katedra Ochrony Praw Człowieka I Prawa Międzynarodowego Uksw 86-100.
    Problem of Axiological Legitimization of the Universal System of the Protection of Human Rights Summary In this paper it is argued that legitimization of the universal system of the protection of human rights depends primary not from the content of values recognised as fundamental but rather from metaaxiological solutions related to the way of existence and to the possibility of cognition of these values. Legitimisation is based on the recognition of an objective nature and of cognoscibility of basic values. Realisation (...)
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  33. Marek Piechowiak (2014). Sprawiedliwość a prawo w nauczaniu Jana Pawła II [Justice and Law in the Teaching of John Paul II]. Przegląd Tomistyczny 20:209-237.
    The contribution focuses on philosophical issues of justice of positive law in the light of the social teaching of John Paul II. The analyses start with consideration of anthropological foundations of justice as virtue, develop with the reflexion upon justice of actions realizing justice and finally arrive at examination of the criteria of justice of law. -/- It is argued that relations between a human being and goods (ends of actions) form ontological basis of natural law and justice of actions (...)
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  34. Jennifer W. Primmer (2014). Beyond the Law-State: The Adequacy of Raz’s Account of Legal Systems in Explaining Intra-State and Supra-State Legality. Ratio Juris 28 (1):149-158.
    I argue that there are two conceptions of ‘comprehensiveness’: 1) Raz’s strong conception whereby comprehensiveness entails supremacy, and 2) a weak conception whereby comprehensiveness does not entail supremacy. The latter is sufficient to distinguish legal and non-legal authorities, and unlike Raz’s notion of comprehensiveness, allows one to account for both intra-state forms of legality (e.g., the federal-provincial relation in Canada) and supra-state forms of legality (e.g., the European Union). Moreover, although it is ideal for legal systems to claim supremacy, it (...)
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  35. Anthony Reeves (2014). The Binding Force of Nascent Norms of International Law. Canadian Journal of Law and Jurisprudence 28 (1):145-166.
    Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. Nascent norms of (...)
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  36. Anthony Reeves (2011). Judicial Practical Reason: Judges in Morally Imperfect Legal Orders. Law and Philosophy 30 (3):319-352.
    I here address the question of how judges should decide questions before a court in morally imperfect legal systems. I characterize how moral considerations ought inform judicial reasoning given that the law may demand what it has no right to. Much of the large body of work on legal interpretation, with its focus on legal semantics and epistemology, does not adequately countenance the limited legitimacy of actual legal institutions to serve as a foundation for an ethics of adjudication. I offer (...)
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  37. Anthony Reeves (2010). The Moral Authority of International Law. APA Newsletter on Philosophy and Law 10 (1):13-18.
    How should international law figure into the practical reasoning of agents who fall under its jurisdiction? How should the existence of an international legal norm regulating some activity affect a subject’s decision-making about that activity? This is a question concerning the general moral authority of international law. It concerns not simply the kind of authority international law claims, but the character of the authority it actually has. An authority, as I will use the term, is moral obligation producing: if x (...)
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  38. Anthony R. Reeves (forthcoming). Reasons of Law: Dworkin on the Legal Decision. Jurisprudence:1-21.
    Ronald Dworkin once identified the basic question of jurisprudence as: ‘What, in general, is a good reason for a decision by a court of law?’ I argue that, over the course of his career, Dworkin gave an essentially sound answer to this question. In fact, he gave a correct answer to a broader question: ‘What is a good reason for a legal decision, generally?’ For judges, officials of executive and administrative agencies, lawyers, non-governmental organizations, and ordinary subjects acting in the (...)
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  39. Anthony R. Reeves (2015). Practical Reason and Legality: Instrumental Political Authority Without Exclusion. Law and Philosophy 34 (3):257-298.
    In a morally non-ideal legal system, how can law bind its subjects? How can the fact of a norm’s legality make it the case that practical reason is bound by that norm? Moreover, in such circumstances, what is the extent and character of law’s bindingness? I defend here an answer to these questions. I present a non-ideal theory of legality’s ability to produce binding reasons for action. It is not a descriptive account of law and its claims, it is a (...)
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  40. Re'em Segev (2013). The Argument for (Living) Originalism: Comments on Jack Balkin's Theory of Constitutional Interpretation. Jerusalem Review of Legal Studies.
    In this comment I consider Jack Balkin’s general argument for his method of constitutional interpretation – the question of why interpret (the United States Constitution) in this way (as presented in his book Living Originalism). I contrast this question with the way in which the conclusion of this argument should be implemented with regard to specific clauses – the question of how to interpret (the United States Constitution). While the former question is concerned with the general form of the argument, (...)
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  41. François Tanguay-Renaud (2012). Individual Emergencies and the Rule of Criminal Law. In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing
  42. Piers Norris Turner (2015). Mill and the Liberal Rejection of Legal Moralism. History of Philosophy Quarterly 32 (1):79-99.
    This article examines John Stuart Mill's position as the principal historical opponent of legal moralism. I argue that inattention to the particular form of his opposition to legal moralism has muddied the interpretation of his liberty principle. Specifically, Mill does not endorse what I call the illegitimacy thesis, according to which appeals to harmless wrongdoings, whether or not they exist, are illegitimate in the justification of legal interference.
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  43. Piers Norris Turner (2013). The Absolutism Problem in On Liberty. Canadian Journal of Philosophy 43 (3):322-340.
    Mill argues that, apart from the principle of utility, his utilitarianism is incompatible with absolutes. Yet in On Liberty he introduces an exceptionless anti-paternalism principle—his liberty principle. In this paper I address ‘the absolutism problem,’ that is, whether Mill's utilitarianism can accommodate an exceptionless principle. Mill's absolute claim is not a mere bit of rhetoric. But the four main solutions to the absolutism problem are also not supported by the relevant texts. I defend a fifth solution—the competence view—that turns on (...)
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  44. Piers Norris Turner (2013). Authority, Progress, and the “Assumption of Infallibility” in On Liberty. Journal of the History of Philosophy 51 (1):93-117.
    John Stuart Mill’s defense of free discussion in On Liberty includes the claim that silencing discussion implies an “assumption of infallibility.” This claim is often dismissed as absurd on the ground that a censor might attempt to silence an opinion he believes to be true but pernicious, or because rational assurance short of infallibility is obviously sufficient to justify censorship. This paper argues that Mill’s argument concerns the epistemic position one assumes with regard to future persons and circumstances as a (...)
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  45. Bas van der Vossen (2012). The Asymmetry of Legitimacy. Law and Philosophy 31 (5):565-592.
    State legitimacy is often said to have two aspects: an internal and an external one. Internally, a legitimate state has the right to rule over its subjects. Externally, it has a right that outsiders not interfere with its domestic governance. But what is the relation between these two aspects? In this paper, I defend a conception of legitimacy according to which these two aspects are related in an importantly asymmetrical manner. In particular, a legitimate state’s external right to rule affords (...)
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  46. Bas van der Vossen (2011). Assessing Law's Claim to Authority. Oxford Journal of Legal Studies 31 (3):481-501.
    The idea that law claims authority (LCA) has recently been forcefully criticized by a number of authors. These authors present a new and intriguing objection, arguing that law cannot be said to claim authority if such a claim is not justified. That is, these authors argue that the view that law does not have authority viciously conflicts with the view that law claims authority. I will call this the normative critique of LCA. In this article, I assess the normative critique (...)
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  47. Jacob Weinrib (2015). Dimensions of Dignity: The Theory and Practice of Modern Constitutional Law. Cambridge University Press.
    In an age of constitutional revolutions and reforms, theory and practice are moving in opposite directions. As a matter of constitutional practice, human dignity has emerged in jurisdictions around the world as the organizing idea of a groundbreaking paradigm. By reconfiguring constitutional norms, institutional structures and legal doctrines, this paradigm transforms human dignity from a mere moral claim into a legal norm that persons have standing to vindicate. As a matter of constitutional theory, however, human dignity remains an enigmatic idea. (...)
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