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  1. Lena Halldenius (2011). Kant on Freedom and Obligation Under Law. Constellations 18 (2):170-189.
  2. Matthew Lister (2012). Review of Sovereignty’s Promise: The State as Fiduciary by Evan Fox-Decent. [REVIEW] Ethics 123 (1):150-4.
    In Sovereignty’s Promise: The State as Fiduciary, Evan Fox-Decent uses the idea of fiduciary relationships to explain the legitimate exercise of governmental authority. He makes use of the idea of the state as a fiduciary for the people to ground an account of the duty to obey the law, to explain the proper relationships between colonial (or “settler”) societies and aboriginal populations, the role of agency discretion and judicial review in the administrative state, the rule of law, the relationship between (...)
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  3. Matthew Lister (2012). The Use and Abuse of Presumptions: Some Comments on Dempsey on Finnis. Villanova Law Review 57:485.
    This paper is a short commentary on Michelle Dempsey's contribution to a symposium on the work of John Finnis which took place at Villanova Law School in the fall of 2011. It focuses on Finnis's claim that there is a presumptive obligation to obey the law and some worries that Dempsey raises against this claim. It is forthcoming, along with several other papers from the symposium, in the Villanova Law Review.
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  4. Lawrence Masek (2005). How Kant's View of Perfect and Imperfect Duties Resolves an Alleged Moral Dilemma for Judges. Ratio Juris 18 (4):415-428.
    I clarify Kant's classification of duties and criticize the apocryphal tradition that, according to Kant, perfect duties trump imperfect duties. I then use Kant's view to argue that judges who believe that an action is immoral and should be illegal need not set aside their beliefs in order to comply with binding precedents that permit the action. The same view of morality that causes some people to oppose certain actions, including abortion, requires lower–court judges to comply with binding precedents. Therefore, (...)
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  5. Lawrence B. Solum, Semantic Originalism.
    Semantic originalism is a theory of constitutional meaning that aims to disentangle the semantic, legal, and normative strands of debates in constitutional theory about the role of original meaning in constitutional interpretation and construction. This theory affirms four theses: (1) the fixation thesis, (2) the clause meaning thesis, (3) the contribution thesis, and (4) the fidelity thesis. -/- The fixation thesis claims that the semantic content of each constitutional provision is fixed at the time the provision is framed and ratified: (...)
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  6. Lawrence B. Solum (2007). Natural Justice : An Aretaic Account of the Virtue of Lawfulness. In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue Jurisprudence. Palgrave Macmillan.
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  7. Neal A. Tognazzini (2007). The Hybrid Nature of Promissory Obligation. Philosophy and Public Affairs 35 (3):203–232.
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  8. 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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  9. Burleigh T. Wilkins (1994). The Moral Prima Facie Obligation to Obey the Law. Journal of Social Philosophy 25 (2):92-96.
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