David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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Law and Philosophy 30 (6):685-698 (2011)
This article seeks to clarify Joseph Raz’s contention that the task of the legal theorist is to explain the nature of law, rather than the concept of law. For Raz, to explain the nature of law is to explain the necessary properties that constitute it, those which if absent law would cease to be what it is. The first issue arises regarding his ambiguous usage of the expression “necessary property”. Concurrently Raz affirms that the legal theorist has the following tasks: (a) explain the essential properties of that which the concept of law refers to, which exists independently from any concept of law; (b) explain the essential properties of law given our concept of law. After trying to dissolve the ambiguity of Raz’s argument, I conclude that based on his methodological commitments the only possible task for a legal philosopher would be conceptual analysis, understood as the task of explaining our concept of law
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Matthew Adler, Peter Alces, Larry Alexander, Susan Bandes, Saba Bazargan, Vera Bergelson, Mitchell Berman, Brian Bix, Gabriella Blum & Jeffrey Brand-Ballard (2012). Please Join Us in Thanking All of Those Experts in Law and Philosophy for Devoting Time and Effort to Review the Papers We Have Sent Them. The Editor and Publisher Acknowledge the Colleagues Listed Below for Their Excellent Reviews of Papers for Which Final Decisions Have Been Made in 2011. Law and Philosophy 31:367-368.
Maria Baghramian (2004). Relativism. Routledge.
Saul A. Kripke (1971). Identity and Necessity. In Milton K. Munitz (ed.), Identity and Individuation. New York University Press. 135-164.
Carlos Santiago Nino (1980). Introducción Al Análisis Del Derecho. Editorial Astrea.
Hilary Putnam (1973). Meaning and Reference. Journal of Philosophy 70 (19):699-711.
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