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  1. Daniel Adler & So Sokbunthouen (2012). Towards Equity in Development When the Law is Not the Law : Reflections on Legal Pluralism in Practice. In Brian Z. Tamanaha, Caroline Mary Sage & Michael J. V. Woolcock (eds.), Legal Pluralism and Development: Scholars and Practitioners in Dialogue. Cambridge University Press.
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  2. Mortimer Jerome Adler (1961). Philosophy of Law and Jurisprudence. Chicago, Encyclopaedia Britannica.
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  3. Larry Alexander (2012). What's Inside and Outside the Law? Law and Philosophy 31 (2):213-241.
    In this article I take up a conceptual question: What is the distinction between ‘the law’ and the behavior the law regulates, or, as I formulate it, the distinction between what is ‘inside’ the law and what is ‘outside’ it? That conceptual question is in play in (at least) three different doctrinal domains: the constitutional law doctrines regarding the limits on the delegation of legislative powers; the criminal law doctrines regarding mistakes of law; and the constitutional rights doctrines that turn (...)
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  4. Larry Alexander (2001). The Rule of Rules: Morality, Rules, and the Dilemmas of Law. Duke University Press.
    In "The Rule of Rules" Larry Alexander and Emily Sherwin examine this dilemma.
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  5. Robert Alexy (2012). Comments and Responses. In Matthias Klatt (ed.), Institutionalized Reason: The Jurisprudence of Robert Alexy. Oxford University Press.
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  6. Robert Alexy (2012). Law, Morality, and the Existence of Human Rights. Ratio Juris 25 (1):2-14.
    In the debate between positivism and non-positivism the argument from relativism plays a pivotal role. The argument from relativism, as put forward, for instance, by Hans Kelsen, says, first, that a necessary connection between law and morality presupposes the existence of absolute, objective, or necessary moral elements, and, second, that no such absolute, objective, or necessary moral elements exist. My reply to this is that absolute, objective, or necessary moral elements do exist, for human rights exist, and human rights exist (...)
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  7. Robert Alexy (2010). The Dual Nature of Law. Ratio Juris 23 (2):167-182.
    The argument of this article is that the dual-nature thesis is not only capable of solving the problem of legal positivism, but also addresses all fundamental questions of law. Examples are the relation between deliberative democracy and democracy qua decision-making procedure along the lines of the majority principle, the connection between human rights as moral rights and constitutional rights as positive rights, the relation between constitutional review qua ideal representation of the people and parliamentary legislation, the commitment of legal argumentation (...)
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  8. Robert Alexy (2009). A Theory of Constitutional Rights. OUP Oxford.
    In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning (...)
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  9. Robert Alexy (2008). On the Concept and the Nature of Law. Ratio Juris 21 (3):281-299.
    Abstract. The central argument of this article turns on the dual-nature thesis. This thesis sets out the claim that law necessarily comprises both a real or factual dimension and an ideal or critical dimension. The dual-nature thesis is incompatible with both exclusive legal positivism and inclusive legal positivism. It is also incompatible with variants of non-positivism according to which legal validity is lost in all cases of moral defect or demerit (exclusive legal non-positivism) or, alternatively, is affected in no way (...)
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  10. Robert Alexy (2007). On Two Juxtapositions: Concept and Nature, Law and Philosophy. Some Comments on Joseph Raz's "Can There Be a Theory of Law?". Ratio Juris 20 (2):162-169.
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  11. Robert Alexy (2006). Effects of Defects-Action or Argument? Thoughts About Deryck Beyleveld and Roger Brownsword's Law as a Moral Judgment. Ratio Juris 19 (2):169-179.
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  12. Robert Alexy (2004). The Nature of Legal Philosophy. Ratio Juris 17 (2):156-167.
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  13. Robert Alexy (2003). Constitutional Rights, Balancing, and Rationality. Ratio Juris 16 (2):131-140.
  14. Robert Alexy (2003). On Balancing and Subsumption. A Structural Comparison. Ratio Juris 16 (4):433-449.
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  15. Robert Alexy (2000). On the Structure of Legal Principles. Ratio Juris 13 (3):294-304.
    The author offers a sketch of his thesis that legal principles are optimization commands. He presents this thesis as an effort to capture the structure of weighing or balancing and to provide a basis for the principle of proportionality as it is applied in constitutional law. With this much in place, he then takes up some of the problems that have come to be associated with the optimization thesis. First, he examines the objection that there are no such things as (...)
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  16. Robert Alexy (2000). On the Thesis of a Necessary Connection Between Law and Morality: Bulygin's Critique. Ratio Juris 13 (2):138-147.
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  17. Robert Alexy (1999). The Special Case Thesis. Ratio Juris 12 (4):374-384.
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  18. Theodore M. Benditt (1998). A Companion to Philosophy of Law and Legal Theory. Dialogue 37 (4):828-830.
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  19. Carolyn Benson & Julian Fink (2012). Introduction: New Perspectives on Nazi Law. Jurisprudence 3 (2):341-346.
    It is beyond doubt that the legal system established by the Nazi government in Germany between 1933-1945 represented a gross departure from the rule of law: the Nazis eradicated legal security and certainty; allowed for judicial and state arbitrariness; blocked epistemic access to what the law requires; issued unpredictable legal requirements; and so on. This introduction outlines the distorted nature of the Nazi legal system and looks at the main factors that contributed to this grave divergence.
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  20. 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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  21. Brian Bix (2004). A Dictionary of Legal Theory. Oxford University Press.
    Modern legal theory contains a wide range of approaches and topics: from economic analysis of law to feminist legal theory to traditional analytical legal philosophy to a range of theories about justice. This healthy variety of jurisprudential work has created a problem: students and theorists working in one tradition may have difficulty understanding the concepts and terminology of a different tradition. This book works to make terminology and ways of thinking accessible. This dictionary covers topics from 'the autonomy of law' (...)
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  22. Brian Bix (ed.) (1998). Analyzing Law: New Essays in Legal Theory. Oxford University Press.
    Analyzing Law offers an important selection of the most influential and challenging work now being done in legal theory. A central focus of the essays in this work is the contribution of the well-known philosopher Jules Coleman to the various topics which are covered by the contributors.
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  23. Brian E. Butler (2004). Law's Image of Pragmatism-Another Legal Fiction. Contemporary Pragmatism 1 (1):151-157.
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  24. Brian E. Butler (2003). Aesthetics and American Law. Legal Studies Forum (1):203-220.
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  25. Brian E. Butler (2003). Law as an Aesthetic Subject. ASA Newsletter 22 (3):1-3.
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  26. Brian E. Butler, Law and Economics. Internet Encyclopedia of Philosophy.
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  27. Brian E. Butler (2002). Legal Pragmatism: Banal or Beneficial as a Jurisprudential Position? Essays in Philosophy 3 (2):14.
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  28. Brian E. Butler (2001). All Rights Are Affirmative. Radical Philosophy Review 4 (1):95-101.
    Popular images of rights almost always emphasize their protective qualities. But who is really protected? In this paper it is argued that contemporary rights talk, because of faulty underlying assumptions, systematically favors prejudice and big property interests. Further, once the mistaken assumptions are surrendered, and it is realized that all rights are affirmative, a less systematically misleading debate can be created within the realm of rights discourse.
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  29. Brian E. Butler, Legal Pragmatism. Internet Encyclopedia of Philosophy.
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  30. Kenneth M. Ehrenberg (2003). Procedural Justice and Information in Conflict-Resolving Institutions. Albany Law Review 67:167-209.
    “A logical analysis of the idea of justice would seem to be a very hazardous business. Indeed, among all evocative ideas, that of justice appears to be one of the most eminent and the most hopelessly confused.” –Chaïm Perelman1 I. INTRODUCTION One difficult question that political and moral thinkers have grappled with is how to limit justice.2 We have a tendency to see justice as potentially applicable to almost any circumstance in which values are somehow involved with interpersonal behavior.3 Yet (...)
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  31. Stephen L. Esquith (1999). Toward a Democratic Rule of Law: East and West. Political Theory 27 (3):334-356.
    Article 2: The Republic of Poland shall be a democratic state ruled by law and implementing the principles of social justice....Article 7: The organs of public authority shall function on the basis of, and within the limits of, the law. Constitution of the Republic of Poland, April 2, 1997Chapter 1, Article 1: The Slovak Republic is a democratic and sovereign state ruled by the law. It is bound neither to an ideology, or to a religion. Constitution of Slovakia, September 1, (...)
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  32. Leslie Green (1987). The Political Content of Legal Theory. Philosophy of the Social Sciences 17 (1):1-20.
  33. Susan Haack (2008). The Pluralistic Universe of Law: Towards a Neo-Classical Legal Pragmatism. Ratio Juris 21 (4):453-480.
    After a brief sketch of the history of philosophical pragmatism generally, and of legal pragmatism specifically (section 1), this paper develops a new, neo-classical legal pragmatism: a theory of law drawing in part on Holmes, but also on ideas from the classical pragmatist tradition in philosophy. Main themes are the "pluralistic universe" of law (section 2); the evolution of legal systems (section 3); the place of logic in the law (section 4); and the relation of law and morality (section 5).
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  34. Susan Haack (2005). On Legal Pragmatism: Where Does 'the Path of the Law' Lead Us? American Journal of Jurisprudence 50 (1):71-105.
    What is called legal pragmatism today is very different from the older style of legal pragmatism traditionally associated with Oliver Wendell Holmes; and there is much that is worthwhile on the conception of the law revealed by reading Holmes's The Path of the Law in the light of the classical pragmatist tradition of Peirce, James, and Dewey. Here, reflections on the varieties of pragmatism - philosophical and legal, old and new - will be wrapped around an exploration of Holmes's legal (...)
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  35. Robert C. Hughes (2013). Law and Coercion. Philosophy Compass 8 (3):231-240.
    Though political philosophers often presuppose that coercive enforcement is fundamental to law, many legal philosophers have doubted this. This article explores doubts of two types. Some legal philosophers argue that given an adequate account of coercion and coerciveness, the enforcement of law in actual legal systems will generally not count as coercive. Others accept that actual legal systems enforce many laws coercively, but they deny that law has a necessary connection with coercion. There can be individual laws that lack coercive (...)
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  36. Matthew H. Kramer (2008). Is Law's Conventionality Consistent with Law's Objectivity? Res Publica 14 (4):241-252.
    Legal positivism’s multi-faceted insistence on the separability of law and morality includes an insistence on the thoroughly conventional status of legal norms as legal norms. Yet the positivist affirmation of the conventionality of law may initially seem at odds with the mind-independence of the existence and contents and implications of legal norms. Mind-independence, a central aspect of legal objectivity, has been seen by some theorists as incompatible with the mind-dependence of conventions. Such a perception of incompatibility has led some anti-positivist (...)
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  37. Grant Lamond (2014). Legal Sources, the Rule of Recognition, and Customary Law. American Journal of Jurisprudence 59 (2):25-48.
    A perennial puzzle about source-based law such as precedent is what makes sources legally binding. One of the most influential answers to this puzzle is provided by Hart’s rule of recognition. According to Hart, the sources of law are accepted as binding by the officials of a legal system, and this collective social practice of officials provides the foundations for a legal system. According to Hart, the rule of recognition differs fundamentally from other legal rules in three ways: (1) the (...)
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  38. Grant Lamond (2001). Coercion and the Nature of Law. Legal Theory 7 (1):35-57.
    It is a commonplace that coercion forms part of the nature of law: Law is inherently coercive. But how well founded is this claim, and what would it mean for coercion to be part of the of law? This article suggests that the claim is grounded in our current conception of law. The main focus of the article, however, is upon two major lines of argument that attempt to establish a link between law and coercion: one based upon the laws (...)
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  39. Colleen Murphy (2010). A Moral Theory of Political Reconciliation. Cambridge University Press.
    Following extended periods of conflict or repression, political reconciliation is indispensable to the establishment or restoration of democratic relationships and critical to the pursuit of peacemaking globally. In this important new book, Colleen Murphy offers an innovative analysis of the moral problems plaguing political relationships under the strain of civil conflict and repression. Focusing on the unique moral damage that attends the deterioration of political relationships, Murphy identifies the precise kinds of repair and transformation that processes of political reconciliation ought (...)
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  40. John P. Rooney (1993). Polish Legal Theory. In K. B. Agrawal & R. K. Raizada (eds.), Sociological Jurisprudence and Legal Philosophy: Random Thoughts On. University Book House.
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  41. Miriam T. Rooney (1943). Some Implications of the New Code of Canon Law for Legal Philosophy. Proceedings of the American Catholic Philosophical Association 19:157-167.
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  42. Andrew Sepielli (2013). The Law's 'Majestic Equality'. Law and Philosophy 32 (6):673-700.
  43. Barry Smith (2013). Diagrams, Documents, and the Meshing of Plans. In Andras Benedek & Kristof Nyiri (eds.), How To Do Things With Pictures: Skill, Practice, Performance. Peter Lang Edition.
    There are two important ways in which, when dealing with documents, we go beyond the boundaries of linear text. First, by incorporating diagrams into documents, and second, by creating complexes of intermeshed documents which may be extended in space and evolve and grow through time. The thesis of this paper is that such aggregations of documents are today indispensable to practically all complex human achievements from law and finance to orchestral performance and organized warfare. Documents provide for what we can (...)
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  44. Kenneth R. Westphal (1997). ‘Frederick L. Will’s Pragmatic Realism: An Introduction’. In K. R. Westphal (ed.), Frederick L. Will, Pragmatism and Realism. Rowman & Littlefield.
    This critical editorial introduction summarizes and explicates Frederick Will’s pragmatic realism and his account of the nature, assessment, and revision of cognitive and practical norms in connection with: the development of Will’s pragmatic realism, Hume’s problem of induction, the oscillations between foundationalism and coherentism, the nature of philosophical reflection, Kant’s ‘Refutation of Idealism’, the open texture of empirical concepts, the correspondence conception of truth, Putnam’s ‘internal realism’, the redundancy theory of truth, sociology of knowledge, the governance of practice by norms (...)
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Interpretivist Theories of Law
  1. Larry Alexander (1987). Striking Back at the Empire: A Brief Survey of Problems in Dworkin's Theory of Law. [REVIEW] Law and Philosophy 6 (3):419 - 438.
    In Law's Empire Dworkin remains committed to carving out a middleground between natural law and legal positivism. But natural law andlegal positivism are best viewed as complementary answers to differ-ent questions, There is no middle ground between them. Nor is thequestion that Dworkin's Integrity asks one that could be coherentlyanswered i f it were an important question. Fortunately, it is not.
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  2. Mark Alfano (2009). Hypothetical Intentionalism in Statutory Interpretation. US-China Law Review 6 (12):54-58.
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  3. Thom Brooks (2007). Between Natural Law and Legal Positivism: Dworkin and Hegel on Legal Theory. Georgia State University Law Review 23 (3):513-60.
    In this article, I argue that - despite the absence of any clear influence of one theory on the other - the legal theories of Dworkin and Hegel share several similar and, at times, unique positions that join them together within a distinctive school of legal theory, sharing a middle position between natural law and legal positivism. In addition, each theory can help the other in addressing certain internal difficulties. By recognizing both Hegel and Dworkin as proponents of a position (...)
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  4. Thom Brooks (2005). Hegel's Ambiguous Contribution to Legal Theory. Res Publica 11 (1):85-94.
    Hegel's legacy is particularly controversial, not least in legal theory. He has been classified as a proponent of either natural law, legal positivism, the historical school, pre-Marxism, postmodern critical theory, and even transcendental legal theory. To what degree has Hegel actually influenced contemporary legal theorists? This review article looks at Michael Salter's collection Hegel and Law. I look at articles on civil disobedience, contract law, feminism, and punishment. I conclude noting similarities between Hegel's legal theory and that of Ronald Dworkin. (...)
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  5. Brian E. Butler (2001). Is All Judicial Decision-Making Unavoidably Interpretive? Legal Studies Forum (3&4):315-329.
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  6. Brian E. Butler (2000). Posner's Problem with Moral Philosophy. The University of Chicago Law School Roundtable 7:325-343.
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