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  1. 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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  2. Philip Soper (2007). In Defense of Classical Natural Law in Legal Theory: Why Unjust Law is No Law at All. Canadian Journal of Law and Jurisprudence 20 (1):201-224.
    The classical view of natural law, often traced to Aquinas' statement that "unjust law is no law at all," finds few defenders today. Even those most sympathetic to natural law theories do not embrace the classical account, but, instead, convert Aquinas' claim into a claim of political theory or construct new "natural law" accounts about the connection between legal and moral principles in a theory of adjudication. In this paper, I defend the view that extreme injustice disqualifies otherwise valid official (...)
     
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  3. Philip Soper (2007). On the Relation Between Form and Substance in Law. Ratio Juris 20 (1):56-65.
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  4. Philip Soper (2002). The Ethics of Deference: Learning From Law's Morals. Cambridge University Press.
    Do citizens have an obligation to obey the law? This book differs from standard approaches by shifting from the language of obedience (orders) to that of deference (normative judgments). The popular view that law claims authority but does not have it is here reversed on both counts: Law does not claim authority but has it. Though the focus is on political obligation, the author approaches that issue indirectly by first developing a more general account of when deference is due to (...)
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  5. Leslie Green, Kent Greenawalt, Nancy J. Hirschmann, George Klosko, Mark C. Murphy, John Rawls, Joseph Raz, Rolf Sartorius, A. John Simmons, M. B. E. Smith, Philip Soper, Jeremy Waldron, Richard A. Wasserstrom & Robert Paul Wolff (1998). The Duty to Obey the Law: Selected Philosophical Readings. Rowman & Littlefield Publishers.
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  6. Philip Soper (1998). Two Puzzles From the Postscript. Legal Theory 4 (3):359-380.
    Conversions occur in legal theory about as often as they do in religion, which is to say rarely—so rarely that they fascinate as much for the fact that they happen at all as for the reasons they happen. It should not surprise, then, that the Postscript to H.L.A. Hart's famous work on jurisprudence reveals “the outstanding English philosopher of law of the twentieth century” reaffirming, rather than revising in any significant way, the two central tenets that distinguish his theory from (...)
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  7. Philip Soper (1998). Two Puzzles From The. Legal Theory 4:359-380.
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  8. Philip Soper (1989). Legal Theory and the Claim of Authority. Philosophy and Public Affairs 18 (3):209-237.
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  9. Philip Soper (1986). Choosing a Legal Theory on Moral Grounds. Social Philosophy and Policy 4 (01):31-.
    I. INTRODUCTION Twenty-five years is roughly the time that has elapsed since the exchange between H. L. A. Hart and Lon Fuller and the subsequent revival in this country of the natural law/positivism debate. During this time, a curious thing has happened to legal positivism. What began as a conceptual theory about the distinction between law and morality has now been turned, at least by some, into a moral theory. According to this theory, the reason we must see law and (...)
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  10. Philip Soper (1984). A Theory of Law. Harvard University Press.
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