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  1. added 2015-02-28
    Philipp Altmann (forthcoming). The Right to Self-Determination”: Right and Laws Between Means of Oppression and Means of Liberation in the Discourse of the Indigenous Movement of Ecuador. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-14.
    The 1970s and 1980s meant an ethnic politicization of the indigenous movement in Ecuador, until this moment defined largely as a class-based movement of indigenous peasants. The indigenous organizations started to conceptualize indigenous peoples as nationalities with their own economic, social, cultural and legal structures and therefore with the right to autonomy and self-determination. Based on this conceptualization, the movement developed demands for a pluralist reform of state and society in order to install a plurinational state with wide degrees of (...)
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  2. added 2015-02-27
    Julia Driver (forthcoming). Private Blame. Criminal Law and Philosophy:1-6.
    This paper explores a problem for Michael McKenna’s conversation model of moral responsibility that views blame as characteristically part of a conversational exchange. The problem for this model on which this paper focuses is the problem of private blame. Sometimes when we blame we do so without any intention to engage in a communicative exchange. It is argued that McKenna’s model cannot adequately account for private blame.
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  3. added 2015-02-27
    Jérémy Mercier (forthcoming). Eros Roberto Grau: Pourquoi J’Ai Peur des Juges. L’Interprétation du Droit Et les Principes Juridiques. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-7.
    Les juges créent-ils du droit ? Eros Roberto Grau, avocat, ancien professeur à la prestigieuse Faculté de droit de l’Université de São Paulo et ancien membre de la Cour suprême brésilienne de 2004 à 2010, aurait sans aucun doute pu faire un livre inaccessible sur cette question, tant son parcours, ses forts engagements et ses réflexions prolifiques l’y autorisent.Sa biographie est en particulier disponible en brésilien sur le site de la Cour suprême brésilienne et sur son site personnel . Mais (...)
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  4. added 2015-02-27
    Sébastien Magnier (forthcoming). La Logique au Service du Droit: L’Analyse de la Signification du Terme “Incertain” Dans la Définition de la Condition Suspensive du Droit Civil Français. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-14.
    La définition de la condition suspensive, telle qu’elle nous est donnée dans l’article 1181 du Code civil français, est aujourd’hui au centre de différents projets de réforme. Si aucun projet de réforme n’a réussi à emporter l’assentiment de tous les juristes, nombre d’entre eux semblent s’accorder sur la nécessité de réformer ce texte—inchangé depuis 1804. Pourquoi un tel consensus sur ce besoin de réécriture de la définition de la condition suspensive mène à une discussion doctrinale où deux positions principales s’opposent? (...)
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  5. added 2015-02-21
    Paolo Silvestri (2012). The Ideal of Good Government in Luigi Einaudi's Thought and Life: Between Law and Freedom. In , Good government, Governance and Human Complexity. Luigi Einaudi’s Legacy and Contemporary Society. Olschki. 55-95.
    I will argue here that Einaudi's thought reveals an awareness that the question of freedom has to do with two inter-related problems: the relation of individuals or communities with their respective limits and the question of going beyond these limits. Limits are to be understood here in the meaning of the foundation or conditions of possibility both of institutions (economic, political and juridical) and of thought and human action.
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  6. added 2015-02-19
    Hector MacQueen (forthcoming). Joanna Kopaczyk: The Legal Language of Scottish Burghs: Standardization and Lexical Bundles 1380-1560, 2013. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-4.
    One of the most striking experiences of my early days as a postgraduate student of medieval Scots law was an encounter with a twelfth-century charter which, apart from being written in Latin, might have served as a model or template for the land transfer documents which I had learned how to draft the previous year in the undergraduate class called Conveyancing. Alliterative thoughts came into my head—conveyancing, conservatism, consistency, continuity—but also the question of when this seeming stability was first achieved, (...)
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  7. added 2015-02-18
    Jiří Přibáň (2015). Asking the Sovereignty Question in Global Legal Pluralism: From “Weak” Jurisprudence to “Strong” Socio‐Legal Theories of Constitutional Power Operations. Ratio Juris 28 (1):31-51.
    The article examines recent theories of legal and constitutional pluralism, especially their adoption of sociological perspectives and criticisms of the concept of sovereignty. The author argues that John Griffiths's original dichotomy of “weak” and “strong” pluralism has to be reassessed because “weak” jurisprudential theories contain useful sociological analyses of the internal differentiation and operations of specific legal orders, their overlapping, parallel validity and collisions in global society. Using the sociological methodology of legal pluralism theories and critically elaborating on Teubner's societal (...)
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  8. added 2015-02-18
    Roger Cotterrell (2015). The Politics of Jurisprudence Revisited: A Swedish Realist in Historical Context. Ratio Juris 28 (1):1-14.
    This article argues that juristic theories must be understood in relation to the historical conditions in which they have emerged. This is not to reduce theories to their context but to gain essential insight into their aims, meaning, and scope with the aid of such “external” reference points. Here I use the ideas of the Swedish legal realist Vilhelm Lundstedt to illustrate these claims, choosing his juristic theory for this purpose specifically because it has been so widely seen as deeply (...)
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  9. added 2015-02-18
    Josse Klijnsma (2015). Contract Law as Fairness. Ratio Juris 28 (1):68-88.
    This article examines the implications for contract law of Rawls' theory of justice as fairness. It argues that contract law as an institution is part of the basic structure of society and as such subject to the principles of justice. Discussing the basic structure in relation to contract law is particularly interesting because it is instructive for both contract law and Rawlsian theory. On the one hand, justice as fairness has clear normative implications for the institution of contract law. On (...)
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  10. added 2015-02-18
    Gregory Bassham & Ian Oakley (2015). New Textualism: The Potholes Ahead. Ratio Juris 28 (1):127-148.
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  11. added 2015-02-18
    Jonathan Crowe (2015). Natural Law and Normative Inclinations. Ratio Juris 28 (1):52-67.
    Natural law ethics holds that practical rationality consists in engaging in non-defective ways with a range of fundamental goods. These basic goods are characteristically presented as reflecting the natural properties of humans, but the details of this picture vary widely. This article argues that natural law ethics can usefully be understood as a type of dispositional theory of value, which identifies the basic goods with those objectives that humans are characteristically disposed to pursue and value for their own sake. Natural (...)
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  12. added 2015-02-18
    Hilliard Aronovitch (2015). Political Equality by Precedent. Ratio Juris 28 (1):110-126.
    This article asks about the justification for the principle of political equality in the sense of equal entitlement to basic rights. A preliminary portion criticizes standard justifications that refer to a property or properties all human beings share; these fail because they are untrue, irrelevant, or question-begging. The more substantial and constructive portion of the article then argues for a different, indirect mode of justification, based on rebuttals of historical presumptions of inequality and the actual evolution of the idea of (...)
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  13. added 2015-02-17
    Kevin Toh (forthcoming). Erratum To: Four Neglected Prescriptions of Hartian Legal Philosophy. Law and Philosophy:1-36.
    This paper seeks to uncover and rationally reconstruct four theoretical prescriptions that H. L. A. Hart urged philosophers to observe and follow when investigating and theorizing about the nature of law. The four prescriptions may appear meager and insignificant when each is seen in isolation, but together as an inter-connected set they have substantial implications. In effect, they constitute a central part of Hart’s campaign to put philosophical investigations about the nature of law onto a path to a genuine research (...)
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  14. added 2015-02-15
    Wensheng Qu (forthcoming). Compilations of Law Dictionaries in New China and Their Roles on Standardization of Translated Legal Terms. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-19.
    From the perspectives of foreign-Chinese bilingual law dictionaries, Chinese-foreign bilingual law dictionaries, and monolingual Chinese law dictionaries, this paper reviews the compilation and publication of law dictionaries in China over the past six decades following the founding of New China in 1949, especially over the past three decades after the policy of reform and opening up was adopted in 1978. This paper reevaluates the translated legal terms covered and defined in the Legal Dictionary of the Soviet Union , Law Dictionary (...)
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  15. added 2015-02-15
    Karen McAuliffe (forthcoming). Guillermo Cabanellas: The Legal Environment of Translation. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-3.
    Translators and those who commission and/or use translations are often unaware of the myriad of legal rules relating to the translated text. From issues of copyright, confidentiality and contract law, the act of translation as an economic endeavour is subject to many legal rules across multiple jurisdictions. The goal of The Legal Environment of Translation is to offer an overview of how legal rules apply to different aspects of translation. The author does not focus on a particular jurisdiction, but rather (...)
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  16. added 2015-02-11
    Victor Tadros (forthcoming). Punishment and the Appropriate Response to Wrongdoing. Criminal Law and Philosophy:1-20.
    My main aims in this paper are to further clarify and defend the Duty View of punishment, outlined in my book The Ends of Harm, by responding to some objections to it, and by exploring some variations on that view. I briefly lay out some steps in the justification of punishment that I defend more completely in Chapter 12 of The Ends of Harm. I offer some further support for these steps. They justify punishment of an offender for general deterrence (...)
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  17. added 2015-02-09
    Anne Wagner & Jean-Claude Gémar (2015). Erratum To: Les Enjeux de la Jurilinguistique Et de la Juritraductologie. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (1):9-9.
    Erratum to: Int J Semiot Law DOI 10.1007/s11196-015-9405-1Assurance de la qualité en traduction juridique: l’évaluation du processus, de la compétence et du produit dans la quête de l’équivalence.Le professeur Prieto Ramos propose un modèle holistique pour assurer la qualité de l’évaluation en traduction juridique. Fondée sur un cadre fonctionnaliste de la prise de décision, cette démarche passe par l’établissement d’une stratégie d’adéquation basée sur les paramètres juridiques et contextuels impliqués dans le processus de la traduction, de son produit au stade (...)
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  18. added 2015-02-09
    Richard Dagger (1980). The Problem of Political Obligation: A Critical Analysis of Liberal Theory. [REVIEW] Political Theory 8 (3):409-413.
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  19. added 2015-02-01
    Greg Walker (forthcoming). Public Reason Liberalism and Sex-Neutral Marriage. Ratio Juris.
    This article, forthcoming in the international legal philosophy journal Ratio Juris, responds to an article by Francis J. Beckwith arguing that the consistent application of liberal principles requires that same-sex marriage not be recognised in civil law. This response demonstrates that Beckwith’s article contains a series of interpretative and substantive flaws that render his argument unsuccessful. These relate to a misinterpretation of core liberal principles and a sidestepping of the matter of undue bias against same-sex partners. In correcting these flaws (...)
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  20. added 2015-02-01
    Marcin Pieniążek (forthcoming). The Application of Paul Ricoeur’s Theory in Interpretation of Legal Texts and Legally Relevant Human Action. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-20.
    The article presents possible applications of Paul Ricoeur’s theory in interpretation of legal texts and legally relevant human action. One should notice that Paul Ricoeur developed a comprehensive interpretation theory of two seemingly distant phenomena: literary texts and human action. When interrelating these issues, it becomes possible, on the basis of Ricoeur’s work, to construct a unified theory of the interpretation of legal texts and of legally relevant human action. What is provided by this theory for jurisprudence is the possibility (...)
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  21. added 2015-01-29
    Giuseppina Scotto di Carlo (forthcoming). “Weasel Words” in Legal and Diplomatic Discourse: Vague Nouns and Phrases in UN Resolutions Relating to the Second Gulf War. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-18.
    This study aims at investigating vagueness in Security Council Resolutions by focussing on a selection of nouns and phrases used as the main casus belli for the Second Gulf War. Analysing a corpus of Security Council Resolutions relating to the conflict, the study leads a qualitative and quantitative analysis drawing upon Mellinkoff’s theories on “weasel words”, which are “words and expressions with a very flexible meaning, strictly dependent on context and interpretation”. Special attention is devoted to the historical/political consequences of (...)
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  22. added 2015-01-23
    Anne Wagner & Jean-Claude Gémar (2015). Les Enjeux de la Jurilinguistique Et de la Juritraductologie. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (1):1-8.
    OverviewEn 1979, la revue Meta publiait, sous la direction de Jean-Claude Gémar, un numéro spécial consacré, pour une première fois, à la traduction juridique comme activité et discipline autonomes au sein de la jeune traductologie [8]. Ce numéro reste une référence devant la persévérance et la rigueur manifestées par le Bureau des traductions d’alors et l’action, inspirée et audacieuse, du ministère de la Justice du Canada , qui laissaient entrevoir l’avènement d’une «jurilinguistique» en gestation. Cette tentative de refrancisation du langage (...)
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  23. added 2015-01-23
    Richard Vernon (2013). Crime Against Humanity: A Defence of the ‘Subsidiarity’ View. Canadian Journal of Law and Jurisprudence 26 (1):229-242.
    “Subsidiarity” views of crime against humanity propose that state crime is at the core of the idea, thus necessitating a further level of authority. That proposal can be given a strong moral justification in terms of the enormous risks that arise from a state’s authority and territorial control. Discussions of crime against humanity by Larry May and Norman Geras, however, offer different views of the idea, May proposing that it be seen as group-based crime , Geras proposing that it be (...)
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  24. added 2015-01-23
    Mark Thornton (2013). Book Review: Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Law, Edited by François Tanguay-Renaud & James Stribopoulos. [REVIEW] Canadian Journal of Law and Jurisprudence 26 (1):243-249.
    Professor John Gardner says on the jacket, “these essays – without exception insightful and penetrating – set a high standard for the rest of us to aspire to.” This collection of 15 essays by 16 Canadian authors originated in a conference at Osgoode Hall Law School, York University. The majority of contributors are based in southern Ontario . Two are from western Canada , two from the UK and one from the US . The essays are arranged in three parts, (...)
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  25. added 2015-01-23
    Tamar Meisels (2012). Preemptive Strikes – Israel and Iran. Canadian Journal of Law and Jurisprudence 25 (2):447-463.
    This essay looks at the contemporary just war theory literature on preventive war that has emerged largely in reaction to the US invasion of Iraq. Recent sanctions on Iran and the debate over its nuclear program now suggest the usefulness of a forward looking perspective on preventive strikes, rather than the retroactive analyses offered thus far primarily with reference to Iraq. With Iran closely in mind, I address the various arguments for and against preventive war indicating throughout that the various (...)
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  26. added 2015-01-23
    Noam Gur (2012). Normative Weighing and Legal Guidance of Conduct. Canadian Journal of Law and Jurisprudence 25 (2):359-391.
    Contemporary legal philosophers commonly understand the normative force of law in terms of practical reason. They sharply disagree, however, on how exactly it translates into practical reason. Notably, some have argued that the directives of an authority that meets certain prerequisites of legitimacy generate reasons for action that exclude some otherwise applicable reasons, while others have insisted that such directives can only give rise to reasons that compete with opposing ones in terms of their weight . Does the weighing model (...)
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  27. added 2015-01-23
    David Dyzenhaus (2012). Legality Without the Rule of Law? Scott Shapiro on Wicked Legal Systems: Critical Notice: Legality by Scott Shapiro. Canadian Journal of Law and Jurisprudence 25 (1):183-200.
    In Legality, Scott Shapiro – a leading legal positivist – analyses the problem of a wicked legal system in a way that brings him close to natural law positions. For he argues that a wicked legal system is botched as a legal system and I show that such an argument entails a prior argument that there is some set of standards or criteria internal to law which are both moral and legal. As a result, the more successful a legal order (...)
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  28. added 2015-01-23
    Arthur Ripstein (2012). Self-Certification and the Moral Aims of the Law. Canadian Journal of Law and Jurisprudence 25 (1):201-217.
    In Legality, Scott Shapiro introduces what he calls the “Planning Theory of Law.” Shapiro introduces the idea of a plan with examples from outside of the law. He then must provide an account of what is distinctive about law, such that the other plan-based social orders are not also legal systems. He gives two answers: first, a legal system is organized by a moral aim. Second, a legal system is self-certifying. I examine these in turn, and argue that each can (...)
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  29. added 2015-01-23
    Mark Thornton (2012). The Limits of Criminal Culpability. Canadian Journal of Law and Jurisprudence 25 (1):159-175.
    The authors of Crime and Culpability hold a subjectivist theory of criminal culpability according to which the core concept in culpability is subjective recklessness, negligence is not culpable, and it is irrelevant to culpability whether or not a criminal act results in harm. I argue against these three theses and criticize the authors' views on the structure of criminal law, criminal defences, criminal attempts, and codification.
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  30. added 2015-01-23
    Martin Stone (2012). Planning Positivism and Planning Natural Law. Canadian Journal of Law and Jurisprudence 25 (1):219-235.
    Scott Shapiro offers an elaboration and defense of “legal positivism,” in which the official acceptance of a plan figures as the central explanatory notion. Rich in both ambition and insight, Legality casts an edifying new light on the structure of positive law and its officialdom. As a defense of positivism, however, it exhibits the odd feature that its main claims will prove quite acceptable to the natural lawyer. Perhaps this betokens – what many have begun to suspect anyway – that (...)
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  31. added 2015-01-23
    Theodora Kostakopoulou (2012). Defending the Case for Liberal Anationalism. Canadian Journal of Law and Jurisprudence 25 (1):97-118.
    Nationalism appears to be so entrenched in political life and discourse, that its illiberal face is often deemed to be an exception and unfortunate coincidence triggered by international terrorism. Alternatively, it may be depicted as the result of ill-thought policies which can be reversible. In this paper, I argue that liberal nationalism is conceptually flawed and politically illiberal. Illiberal tendencies are an integral part of it and these cannot be corrected by ‘taming’ unruly nationalism or by articulating ‘benign’ adaptations of (...)
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  32. added 2015-01-23
    Hamish Stewart (2011). The Limits of Consent and the Law of Assault. Canadian Journal of Law and Jurisprudence 24 (1):205-223.
    In this paper, I show that a Kantian account can explain both the rule that consent is normally a defence to assault and the exceptions to that rule. Kant himself does not discuss the offence of assault, but the body – the manifestation of the person in space and time – is central to Kant’s account of each person’s innate right of humanity. Since Kant’s legal philosophy is oriented around the idea that each limit on freedom of action can be (...)
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  33. added 2015-01-23
    Pavlos Eleftheriadis (2011). Austin and the Electors. Canadian Journal of Law and Jurisprudence 24 (2):441-453.
    Austin's theory of theory of law is simple: the law follows the pattern of power; the sovereign gives commands and obeys none; the subject obeys commands; the law consists in only those commands that directly or indirectly emanate from the sovereign. Nevertheless, Austin's theory of sovereignty is not simple at all. When we look at the relevant chapters closely, it becomes evident that Austin has two rival theories of sovereignty, one for a single person and one for a 'determinate body'. (...)
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  34. added 2015-01-23
    Talia Fisher (2011). Critical Notice: Force and Freedom: Can They Co-Exist? Canadian Journal of Law and Jurisprudence 24 (2):387-402.
    Force and Freedom, a new book by Professor Arthur Ripstein, offers a comprehensive and highly sophisticated articulation of Kant’s legal and political philosophy. While Kant’s thinking on metaphysics and ethics has received paramount attention in the academic discourse, his contribution to legal and political theory has been somewhat marginalized. One reason for Kant’s exclusion from the central canon of political and legal philosophy is the abstract and very complicated nature of Kantian writing on law and political power, most particularly in (...)
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  35. added 2015-01-23
    David Lefkowitz (2011). The Principle of Fairness and States’ Duty to Obey International Law. Canadian Journal of Law and Jurisprudence 24 (2):327-346.
    I employ the principle of fairness to argue that many existing states have a moral duty to obey international law simply in virtue of its status as law. On this voluntarist interpretation of the principle of fairness, agents must accept the benefits of a cooperative scheme in order to acquire an obligation to contribute to that scheme’s operation. I contend that states can accept the benefits international law provides, and that only if they do so do states have a fair-play (...)
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  36. added 2015-01-23
    Brian Bix (2011). John Austin and Constructing Theories of Law. Canadian Journal of Law and Jurisprudence 24 (2):431-440.
    One of the standard criticisms of John Austin’s work is that his portrayal of law, as essentially the command of a sovereign to its subjects, does not fit well with the way law is practiced or perceived by lawyers, judges, and citizens; and since the theory “fails to fit the facts,” Austin’s theory must be rejected in favor of later theories that have better fit. Many influential modern approaches to the nature of law, including Joseph Raz’s exclusive legal positivism and (...)
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  37. added 2015-01-23
    George Pavlakos (2011). Constitutional Rights, Balancing and the Structure of Autonomy. Canadian Journal of Law and Jurisprudence 24 (1):129-153.
    The question of the character of constitutional rights norms is complex and admits of no easy answer. Without reducing the complexity of the issue, I attempt in this paper to formulate some clear views on the matter. I shall argue that constitutional rights reasoning is a species of rational practical reasoning that combines both balancing and the grounds as to why balancing is appropriate . Absent the latter type of reason, the application of constitutional principles remains a pure instance of (...)
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  38. added 2015-01-23
    David Dyzenhaus (2011). Austin, Hobbes, and Dicey. Canadian Journal of Law and Jurisprudence 24 (2):411-440.
    I argue that attention to Austin helps us to appreciate that there are significant continuities between his legal theory and that of contemporary positivists; hence, to the extent that Austin’s theory has defects, these are reproduced in the work of contemporary legal positivism. An historical perspective on contemporary philosophy of law thus permits one to appreciate that the basic divide in legal theory is between a tradition whose basic intuition is that law is answerable to a moral ideal of legality (...)
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  39. added 2015-01-23
    Michael Milde (2011). Book Review of Roger Shiner’s Legal Institutions and the Sources of Law. [REVIEW] Canadian Journal of Law and Jurisprudence 24 (2):403-408.
    Shiner has produced a valuable contribution to the field of analytical jurisprudence. He remains faithful to the investigative and exploratory task that he set for himself. Legal Institutions and the Sources of Lawcan be usefully consulted by anyone interested in the idea of a “source of law”. And it can certainly be used as an authoritative reference by those legal and political theorists who wish to pursue a fuller normative approach to law or politics.
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  40. added 2015-01-23
    Lars Vinx (2011). Austin, Kelsen, and the Model of Sovereignty. Canadian Journal of Law and Jurisprudence 24 (2):473-490.
    Hans Kelsen's critique of John Austin has so far attracted little attention among legal theorists. This article argues that Kelsen's attack on Austin anticipated the key elements of Hart's rejection of the Austinian conception of law as sanction-backed sovereign command. At the same time, the way in which Kelsen presents his critique of Austin's conception of sovereignty reveals important differences in purpose and intention between Kelsen's Pure Theory of Law and Hart's legal theory. The Pure Theory of Law is animated (...)
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  41. added 2015-01-23
    Mark Thornton (2010). Book Review of John Gardner’s Offences and Defences: Selected Essays in the Philosophy of Criminal Law. [REVIEW] Canadian Journal of Law and Jurisprudence 23 (1):255-262.
    This volume contains eleven previously published essays on criminal law together with a new "Reply to Critics" by the Professor of Jurisprudence at Oxford, John Gardner. The principal themes of the essays, covering offences, defences, and punishment, are summarized in this review, which also highlights areas of controversy and various lines of criticism.
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  42. added 2015-01-23
    Jacob Weinrib (2010). What Can Kant Teach Us About Legal Classification? Canadian Journal of Law and Jurisprudence 23 (1):203-232.
    In Dimensions of Private Law, Professor Stephen Waddams describes the obstacles that an adequate classification of private law must overcome. The purpose of this essay is to offer a theoretical account of legal classification that explains how these obstacles can be overcome and what the resulting classification of private law might look like. I begin with the catalogue of obstacles that Waddams presents and argue that, because they are rooted in misconceptions about the classificatory project, they pose no threat to (...)
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  43. added 2015-01-23
    Gary Chartier (2010). Natural Law and Animal Rights. Canadian Journal of Law and Jurisprudence 23 (1):33-46.
    The new classical natural law theorists have been decidedly skeptical about claims that non-human animals deserve serious moral consideration. Their theory features an array of incommensurable, nonfungible basic aspects of welfare and a set of principles governing participation in and pursuit of these goods. Attacks on animals’ interests seem to be inconsistent with one or more of these principles. But leading natural law theorists maintain that animals do not participate in basic aspects of well being in ways that merit protection, (...)
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  44. added 2015-01-23
    Andrew Halpin (2010). The Province of Jurisprudence Contested: Critical Notice: The Province of Jurisprudence Democratized by Allan Hutchinson. Canadian Journal of Law and Jurisprudence 23 (2):515-535.
    Allan Hutchinson’s recent book, The Province of Jurisprudence Democratized, considers what is involved in seeking to establish the province of jurisprudence as a distinctive field of inquiry.Hutchinson’s principal concern with the democratization of law, legal theory, and the province of jurisprudence is examined in detail. The process of democratization and its anti-elitist character is traced through Hutchinson’s opposition to the aloof philosophical analysis of the universal in favour of an engagement with local and particular issues. However, the weight Hutchinson places (...)
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  45. added 2015-01-23
    Philip Soper (2010). Book Review of Brian Burge-Hendrix’s Epistemic Uncertainty and Legal Theory. [REVIEW] Canadian Journal of Law and Jurisprudence 23 (1):249-254.
    Making the perspective of insiders critical to a theory of law, including particularly those who accept and enforce legal standards, has been the hallmark of corrections to John Austin’s theory at least since Hart’s The Concept of Law. Burge-Hendrix’s book continues this tradition and brings its insights to bear on the particular dispute between inclusive and exclusive positivists. That being said, the project has always seemed to me to be incomplete. If the participant’s perspective is indeed the critical one, then (...)
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  46. added 2015-01-23
    Larry Alexander (2009). Of Living Trees and Dead Hands: The Interpretation of Constitutions and Constitutional Rights. Canadian Journal of Law and Jurisprudence 22 (2):227-236.
    The function of law and of constitutional law is to make determinate what we ought to do. And in constitutional law, that is true of both structural provisions and rights provisions. It is not the function of constitutions to establish our real moral rights. We possess those independently of the constitution, which cannot affect them. And all organs of government are bound morally if not legally by those rights. I have taken no position on the relative competence of legislatures and (...)
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  47. added 2015-01-23
    Clare Chambers (2009). Inclusivity and the Constitution of the Family. Canadian Journal of Law and Jurisprudence 22 (1):135-152.
    This paper starts by discussing Alan Brudner's overall project: the project of inclusivity. It argues that the idea of inclusivity is problematic both conceptually and normatively, for three reasons. First, it is not clear that Brudner's aim to provide a unified theory of the liberal constitution is either possible or desirable. Second, Brudner assumes but does not adequately demonstrate the need for public justification of the liberal constitution. Third, Brudner does not sufficiently explain who should have a veto over his (...)
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  48. added 2015-01-23
    Richard Lippke (2009). The Case for Reasoned Criminal Trial Verdicts. Canadian Journal of Law and Jurisprudence 22 (2):313-330.
    Discussion in the paper focuses on instituting a requirement that juries in criminal cases make public the reasons for their verdicts. The nature of such a requirement is elaborated, as is the way in which defects in the reasons provided might serve as a basis for appealing convictions. Various arguments for adopting such a requirement are considered, as are objections to doing so. In support of the requirement, I contend that it would enable defendants in criminal cases to ensure that (...)
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  49. added 2015-01-23
    Pavlos Eleftheriadis (2009). Parliamentary Sovereignty and the Constitution. Canadian Journal of Law and Jurisprudence 22 (2):267-290.
    The doctrine of parliamentary sovereignty of the United Kingdom parliament is often presented as a unique legal arrangement, one without parallel in comparative constitutional law. By giving unconditional power to the Westminster parliament, it appears to rule out any comparison between the Westminster Parliament and the United States Congress or the German Bundestag, whose powers are limited by their respective constitutions. Parliament in the UK appears to determine the law unconditionally and without limit. Nevertheless, a fuller understanding of parliamentary sovereignty (...)
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  50. added 2015-01-23
    Veronica Rodriguez-Blanco (2009). Book Review: The Law and the Right: A Reappraisal of the Reality That Ought to Be, by Enrico Pattaro. [REVIEW] Canadian Journal of Law and Jurisprudence 22 (2):451-456.
    Rodriguez-Blanco examines Enrico Pattaro's effort to explain the normativeness or binding force of the law. Pattaro defends the controversial claim that norms are motives of behaviour and provides a rich explanation of how these motives, i.e., beliefs in the human brain, move human agency. In her review, Rodriguez-Blanco challenges Pattaro's empirical conception of human agency.
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