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  1. Stephen Law (2004). Five Private Language Arguments. International Journal of Philosophical Studies 12 (2):159-176.score: 300.0
    This paper distinguishes five key interpretations of the argument presented by Wittgenstein in Philosophical Investigations I, §258. I also argue that on none of these five interpretations is the argument cogent. The paper is primarily concerned with the most popular interpretation of the argument: that which that makes it rest upon the principle that one can be said to follow a rule only if there exists a 'useable criterion of successful performance' (Pears) or 'operational standard of correctness' (Glock) for its (...)
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  2. Vivien Law (2003). The History of Linguistics in Europe From Plato to 1600. Cambridge University Press.score: 300.0
    Authoritative and wide-ranging, this book examines the history of western linguistics over a 2000-year timespan, from its origins in ancient Greece up to the crucial moment of change in the Renaissance that laid the foundations of modern linguistics. Some of today's burning questions about language date back a long way: in 1400 BC Plato was asking how words relate to reality. Other questions go back just a few generations, such as our interest in the mechanisms of language change, (...)
     
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  3. Jules David Law (1993). The Rhetoric of Empiricism: Language and Perception From Locke to I.A. Richards. Cornell University Press.score: 240.0
    Introduction EMPIRICISM DOES NOT stand in very high repute among literary theorists these days. Regarded generally as a discredited philosophical paradigm ...
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  4. Brian Bix (1993). Law, Language, and Legal Determinacy. Oxford University Press.score: 174.0
    This book discusses one of the central problems in the philosophy of law--the question of legal determinacy. Is the law a seamless web or are there gaps? Bix argues that the major re-thinking of the common and "common sense" views about law that have been proposed by various recent legal theories is unnecessary. He offers a reconsideration of the role of language in the law, and the way ideas about language have been used and misused in recent legal (...)
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  5. Andrei Marmor & Scott Soames (eds.) (2011). Philosophical Foundations of Language in the Law. Oxford University Press, Usa.score: 156.0
    Machine generated contents note: -- 1. The Value of Vagueness, Timothy Endicott -- 2. Vagueness and the Guidance of Action, Jeremy Waldron -- 3. What Vagueness and Inconsistency tell us about Interpretation, Scott Soames -- 4. Textualism and the Discovery of Rights, John Perry -- 5. The Intentionalism of Textualism, Stephen Neale -- 6. Can the Law Imply More than It Says? On some pragmatic aspects of Strategic Speech, Andrei Marmor -- 7. Modeling Legal Rules, Richard Holton -- 8. Trying (...)
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  6. B. Sharon Byrd (2001). Introduction to Anglo-American Law & Language =. Beck.score: 156.0
    Unit I. Fundamental characteristics of the common law. The source of law -- The jury -- The adversary system of trial -- Retroactivity: a return to stare decisis -- Unit II. The courts and their jurisdiction. Court systems in the United States -- Court system in England -- Unit III. Constitutional law. Judicial review -- Equal protection -- Freedom of speech -- Appendix I. Constitution of the United States -- Appendix II. Table of Supreme Court cases -- Appendix III. Common (...)
     
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  7. Despina Dokoupilova (2013). Creating Legal Subjectivity Through Language and the Uses of the Legal Emblem: Children of Law and the Parenthood of the State. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (2):315-339.score: 150.0
    This paper constitutes a critical exploration of the functional features underpinning the unconscious of institutional attachment—namely an attachment which is understood in terms of the subject-infant’s love for his institutional parent-power holder, and the indefinite need for a subject to remain within its infantile condition under the parenthood of the State. We venture beyond the Paternal metaphor and move towards the neglected metaphor of the Mother, so focal in the individual process of identification, assumption of language and the permanent (...)
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  8. William R. Bishin (1972). Law, Language, and Ethics. Mineola, N.Y.,Foundation Press.score: 150.0
     
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  9. Hans Aarsleff (2012). Pufendorf and Condillac on Law and Language. Journal of the Philosophy of History 5 (3):308-321.score: 144.0
    Abstract This essay argues that Pufendorf conceived the principles of natural law against the rationalism and innatism of the 17th century, and that Condillac similarly formulated a conception of the human origin of language, both of them thus securing open and human foundations for the two primal institutions of law and language, and also making all citizens free agents in the ordering of communal living.
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  10. Graham Hubbs & Douglas Lind (eds.) (2014). Pragmatism, Law, and Language. Routledge.score: 144.0
    This volume puts leading pragmatists in the philosophy of language, including Robert Brandom, in contact with scholars concerned with what pragmatism has come to mean for the law. Each contribution uses the resources of pragmatism to tackle fundamental problems in the philosophy of language, the philosophy of law, and social and political philosophy. In many chapters, the version of pragmatism deployed proves a fruitful approach to its subject matter; in others, shortcomings of the specific brand of pragmatism are (...)
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  11. John Gibbons (ed.) (1994). Language and the Law. Longman.score: 132.0
     
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  12. Ramon Ferrer‐I.‐Cancho, Núria Forns, Antoni Hernández‐Fernández, Gemma Bel‐Enguix & Jaume Baixeries (2013). The Challenges of Statistical Patterns of Language: The Case of Menzerath's Law in Genomes. Complexity 18 (3):11-17.score: 124.0
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  13. R. A. Duff (1998). Law, Language and Community: Some Preconditions of Criminal Liability. Oxford Journal of Legal Studies 18 (2):189-206.score: 114.0
    We can usefully distinguish the conditions of criminal liability (those conditions which must be satisfied if a defendant is to be duly convicted, with which a criminal trial is concerned) from its preconditions (those conditions which must be satisfied if the trial, as a process which aims to determine whether or not this person is criminally liable, is to be legitimate at all). Some of these preconditions concern the defendant's status as a rsponsible citizen, who can properly be called to (...)
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  14. Kalpana Seshadri (2012/2011). Humanimal: Race, Law, Language. University of Minnesota Press.score: 114.0
    First words on silence -- The secret of literary silence -- Law, "life/living," language -- Between Derrida and Agamben -- The wild child : politics and ethics of the name -- The wild child and scientific names -- HumAnimal acts : potentiality or movement as rest.
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  15. Massimo Leone (2013). Intracultural Awareness in Legal Language—Silvio Berlusconi's Iconography of Law. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (3):579-595.score: 114.0
    Against the assumption that legal and normative systems are coextensive with geopolitical units and national spaces, the article advocates for the need to study how different legal and normative semiospheres, within the same geopolitical unit and national space, often give rise to ‘normolects’ that are transversal to socio-economic classes, ethnicities, and cultural lifestyles. The concept of legal and normative ‘imaginaries’ is useful to come to terms with the legal and normative semiotic ideology of such normolects, including their non-verbal dimension and (...)
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  16. Kalpana Seshadri-Crooks (2012/2011). Humanimal: Race, Law, Language. University of Minnesota Press.score: 114.0
    First words on silence -- The secret of literary silence -- Law, "life/living," language -- Between Derrida and Agamben -- The wild child : politics and ethics of the name -- The wild child and scientific names -- HumAnimal acts : potentiality or movement as rest.
     
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  17. George P. Fletcher (2007). The Grammar of Criminal Law: American, Comparative, and International. Oxford University Press.score: 102.0
    The Grammar of Criminal Law is a 3-volume work that addresses the field of international and comparative criminal law, with its primary focus on the issues of international concern, ranging from genocide, to domestic efforts to combat terrorism, to torture, and to other international crimes. The first volume is devoted to foundational issues. The Grammar of Criminal Law is unique in its systematic emphasis on the relationship between language and legal theory; there is no comparable comparative study of legal (...)
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  18. Howard H. Schweber (2007). The Language of Liberal Constitutionalism. Cambridge University Press.score: 102.0
    This book explores two basic questions regarding constitutional theory. First, in view of a commitment to democratic self-rule and widespread disagreement on questions of value, how is the creation of a legitimate constitutional regime possible? Second, what must be true about a constitution if the regime that it supports is to retain its claim to legitimacy? Howard Schweber shows that the answers to these questions appear in a theory of constitutional language that combines democratic theory with constitutional philosophy. The (...)
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  19. Jared Wessel (2010). International Law as Language—Towards a “Neo” New Haven School. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 23 (2):123-144.score: 102.0
    This paper examines the tension between the mainstream belief in international law as a source of objectivity distinct from politics and its new stream critics that question the validity of such a distinction. It is argued that, as a type of language, international law is not distinct from politics as a function of objectivity, but rather by the fact that it serves the international community’s thymos. The phenomena of global administrative law and NATO’s use of force in Kosovo are (...)
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  20. Aleksandar Jokic (2002). Activism, Language and International Law. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 15 (1):107-120.score: 102.0
    The paper explores how language underscores our appreciation forinternational activism. An account of the tension between activismand international activism, especially in the context of thedeclarative and ``true'' character of the terms is offered. Thisis achieved through examining ``word games'' pertaining to theBalkan crisis with such expressions as ``democratic revolution'',``Serbian nationalism'', ``revenge killing'', and ``reverse ethniccleansing.'' The analysis points to a non-descriptive attitudinalcharacter of such phrases. Consequently, two defensive strategiesare suggested for international activists. First, they should getinformed on the history (...)
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  21. Brian Bix (2010). Law and Language: How Words Mislead Us. Jurisprudence 1 (1):25-38.score: 96.0
    Our world is full of fictional devices that let people feel better about their situation - through deception and self-deception. The legal realist, Felix Cohen, argued that law and legal reasoning is full of similarly dubious labels and bad reasoning, though of a special kind. He argued that judges, lawyers and legal commentators allow linguistic inventions and conventions to distort their thinking. Like the ancient peoples who built idols out of stone and wood and then asked them for assistance and (...)
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  22. L. Morawski (1999). Law, Fact and Legal Language. Law and Philosophy 18 (5):461-473.score: 96.0
    This paper discusses the difference between the factual and the legal, both as to terms and as to statements, on the analogy of the methodologists' distinction of the observational and the theoretical. No absolute distinction exists, and pure `brute facts' do not exist in law because of the socialisation of physical world and juridification of the social world.; also, the effect of evidentiary constraints. Law/fact distinction depends on `applicability rules'. The problem of `mixed terms' is partly a matter of judicial (...)
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  23. Maksymilian T. Madelr, The Language of Law: Methods and Objects.score: 96.0
    This paper analyses two methods commonly used to understand legal language: deontic logic and the analysis of concepts taken as fundamental for any one or more areas of the law (sometimes called the philosophical foundations of law project). In doing so I introduce what I call the phenomenon of linguistic regress, and I do so in order to show why and how these methods necessarily fail as theories of legal language. I argue, in short, that any form of (...)
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  24. Anél Boshoff (2013). Law and Its Rhetoric of Violence. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (2):425-437.score: 96.0
    This article explores the manner in which politico-legal language makes use of metaphors of violence and destruction in order to describe state/legal functions and actions. It argues that although such use of a militaristic hyperbole is generally regarded as normal and appropriate, it is in fact harmful in the way that it presents complex and specific problems as being simple and abstract. From a semiotic point of view, and using the work of Roland Barthes, law is regarded as a (...)
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  25. Chris Knight (2007). Language Co-Evolved with the Rule of Law. Mind and Society 7 (1):109-128.score: 96.0
    Many scholars assume a connection between the evolution of language and that of distinctively human group-level morality. Unfortunately, such thinkers frequently downplay a central implication of modern Darwinian theory, which precludes the possibility of innate psychological mechanisms evolving to benefit the group at the expense of the individual. Group level moral regulation is indeed central to public life in all known human communities. The production of speech acts would be impossible without this. The challenge, therefore, is to explain on (...)
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  26. Mary Neal (2012). Dignity, Law and Language-Games. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (1):107-122.score: 96.0
    The aim of this paper is to provide a preliminary defence of the use of the concept of dignity in legal and ethical discourse. This will involve the application of three philosophical insights: (1) Ludwig Wittgenstein’s notion of language-games; (2) his related approach to understanding the meanings of words (sometimes summarised as ‘meaning is use’); and (3) Jeremy Waldron’s layered understanding of property wherein ‘property’ consists in an abstract concept fleshed out in numerous particular conceptions. These three insights will (...)
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  27. Phillip Chong Ho Shon (2000). John M. Conley and William M. O'Barr, Just Words: Law, Language, and Power. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 13 (1):115-119.score: 96.0
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  28. J. Carroll (1994). Lawyer's Response to Language and Disadvantage Before the Law. In John Gibbons (ed.), Language and the Law. Longman. 306--316.score: 96.0
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  29. John Gibbons (1994). Language and Disadvantage Before the Law. In , Language and the Law. Longman.score: 96.0
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  30. John Gibbons (1994). Language Constructing Law. In , Language and the Law. Longman. 3--10.score: 96.0
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  31. Andrew Halpin, Or, Even, What the Law Can Teach the Philosophy of Language: A Response to Green's Dworkin's Fallacy.score: 96.0
    This essay is a response to the important central theme of Michael Green's recent article, Dworkin's Fallacy, or What the Philosophy of Language Can't Teach Us about the Law, 89 Va. L. Rev. 1897 (2003), which considers the relationship between the philosophy of language and the philosophy of law. Green argues forcefully that a number of theorists with quite different viewpoints commonly maintain a connection between the two which turns out to be unfounded. It is accepted that it (...)
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  32. Yon Maley (1994). The Language of the Law. In John Gibbons (ed.), Language and the Law. Longman. 11--50.score: 96.0
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  33. Margaret O'Toole (1994). Lawyer's Response to Language Constructing Law. In John Gibbons (ed.), Language and the Law. Longman. 188--91.score: 96.0
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  34. V. K. Bhatia, Christopher Candlin & Paola Evangelisti Allori (eds.) (2008). Language, Culture and the Law: The Formulation of Legal Concepts Across Systems and Cultures. Peter Lang.score: 90.0
    The volume presents a set of invited papers based on analyses of legal discourse drawn from a number of international contexts where often the English language ...
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  35. James B. Brady (1972). Law, Language and Logic: The Legal Philosophy of Wesley Newcomb Hohfeld. Transactions of the Charles S. Peirce Society 8 (4):246 - 263.score: 90.0
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  36. John Hund (1995). Brian Bix: Law, Language and Legal Determinacy. Mind 104 (416):885-889.score: 90.0
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  37. Syntax Vol & Typology Grammaticalization (2012). Ameling, Walter, Et Al., Eds. Corpus Inscriptionum Iudaeae/Palaestinae. Vol. 2: Caesarea and the Middle Coast 1121–2160. Berlin: Walter de Gruyter, 2011. Xxiv+ 923 Pp. Numerous Black-and-White Figs., 5 Maps. Cloth, $195. Ando, Clifford. Law, Language, and Empire in the Roman Tradition. Philadelphia: University of Pennsylvania Press, 2011. Xi+ 168 Pp. Cloth, $49.95. [REVIEW] American Journal of Philology 133:339-342.score: 90.0
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  38. R. A. Duff (1996). Penal Communications: Recent Work in the Philosophy of Punishment'. Tonry 1996: 1-97. 1998a.'Principle and Contradiction in the Criminal Law: Motives and Criminal Liability'. Duff 1998c: 156-204. 1998b.'Law, Language and Community: Some Preconditions of Criminal Liability'. [REVIEW] Oxford Journal of Legal Studies 18:189-206.score: 90.0
     
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  39. R. Henle (1994). Law, Language, and Legal Determinacy. By Brian Bix (Clarendon Press, 1993). 221 Pp. [REVIEW] American Journal of Jurisprudence 39 (1):493-497.score: 90.0
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  40. Patrick P. O'Neill (2009). Part I History, Law, Language and Literature-1 The Irish Role in the Origins of the Old English Alphabet: A Re-Assessment. Proceedings of the British Academy 157:3.score: 90.0
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  41. Timothy Andrew Orville Endicott (2000). Vagueness in Law. Oxford University Press.score: 84.0
    Vagueness in law can lead to indeterminacies in legal rights and obligations. This book responds to the challenges that those indeterminacies pose to theories of law and adjudication.
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  42. Justin Evans (2002). Indigenous Australians: Language, and the Law. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 15 (2):127-141.score: 84.0
    Indigenous peoples face a number of hurdles intaking cases to Australian law courts. In thecase that the social and economic problems canbe overcome, they face problems related to theintellectual structures of the court and thelanguage and philosophical beliefs that thecourt systems are based on. Derrida shows thatWestern metaphysics privileges speech overwriting, and this counts against indigenouscultures in which narrative knowledge is a formof writing. Due to this privileging, there is adifferend involving the courts and indigenouspeoples which makes the achievement of (...)
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  43. James T. Johnson (1975). Natural Law as a Language for the Ethics of War. Journal of Religious Ethics 3 (2):217 - 242.score: 78.0
    To assess the utility of appeals to natural law as a way of projecting ethical claims across ideological and cultural boundaries, three examples of such appeals in just war theory are critically analyzed and evaluated: those of contemporary international lawyers Myres McDougal and Florentino Feliciano, theological ethicist Paul Ramsey, and Franciscus de Victoria, a sixteenth-century Spanish theorist whose recasting of Christian just war thought gave rise to secular international law. The conclusion is that natural-law appeals today can no longer (...)
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  44. Karen McAuliffe (2013). The Limitations of a Multilingual Legal System. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (4):861-882.score: 78.0
    The Court of Justice of the European Union (CJEU) and the way in which it works can be seen as a microcosm of how a multilingual, multicultural supranationalisation process and legal order can be constructed—the Court is a microcosm of the EU as a whole and in particular of EU law. The multilingual jurisprudence produced by the CJEU is necessarily shaped by the dynamics within that institution and by the ‘cultural compromises’ at play in the production process. The resultant texts, (...)
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  45. Oren Ben-Dor (2013). The Gravity of Steering, the Grace of Gliding and the Primordiality of Presencing Place: Reflections on Truthfulness, Worlding, Seeing, Saying and Showing in Practical Reasoning and Law. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (2):341-390.score: 78.0
    This article reflects on the received view of the rupture which constitutes the beginning of a critical, ethical, political and legal opening, the understanding of which inhabits the cry of, and response to, injustice. It takes the very critique that feeds into, and is distorted by, practical reasoning, as its point of departure. Grasping this rupture as the complementary relation between deconstruction and radical alterity, would entail unreflectively accepting a certain kind of truthfulness—truthfulness as [in]correctness, manifesting in a relationship that (...)
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  46. Pierre Legrand (2013). What Can You Say, Words It Is, Nothing Else Going. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (4):805-832.score: 78.0
    This essay examines the capacity of language (‘word’) to convey what there is (‘world’). It draws on philosophical thought, which it seeks to apply to law while making specific reference to comparative legal studies, that is, to the investigation of law that is foreign to its interpreter.
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  47. Michel van de Kerchove (2013). Langage Juridique Et Langage Usuel: Vrais Ou Faux Amis? [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (4):833-848.score: 78.0
    This article tries to bring to light the mistaken idea that the words the law borrows from plain language, without explicit definition, should keep their original meaning; Although legal language and plain language are obviously close “friends”, they seem to be also “false friends”, because these words belonging to two different languages have, beyond their formal similarities, partially different meanings. For this purpose, this article provides a critical analysis of the reference of the belgian case law to (...)
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  48. Aulis Aarnio (ed.) (1998). On Coherence Theory of Law. Distribution, Akademibokhandeln I Lund.score: 78.0
     
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  49. Bruce A. Arrigo (1995). Rethinking the Language of Law, Justice, and Community: Postmodern Feminist Jurisprudence. In David Stanley Caudill & Steven Jay Gold (eds.), Radical Philosophy of Law: Contemporary Challenges to Mainstream Legal Theory and Practice. Humanities Press. 88--107.score: 78.0
     
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  50. Kirsty Duncanson (2012). Chris Hutton: Language, Meaning and the Law. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (2):283-287.score: 78.0
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