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  1. Scott J. Shapiro, What is the Rule of Recognition (and Does It Exist)?
    One of the principal lessons of The Concept of Law is that legal systems are not only comprised of rules, but founded on them as well. As Hart painstakingly showed, we cannot account for the way in which we talk and think about the law - that is, as an institution which persists over time despite turnover of officials, imposes duties and confers powers, enjoys supremacy over other kinds of practices, resolves doubts and disagreements about what is to be done (...)
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  2. Scott J. Shapiro (2009). Was Inclusive Legal Positivism Founded on a Mistake? Ratio Juris 22 (3):326-338.
    In this paper, I present a new argument against inclusive legal positivism. As I show, any theory which permits morality to be a condition on legality cannot account for a core feature of legal activity, namely, that it is an activity of social planning. If the aim of a legal institution is to guide the conduct of the community through plans, it would be self-defeating if the existence of these plans could only be determined through deliberation on the merits. I (...)
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  3. Scott J. Shapiro (2007). The "Hart-Dworkin" Debate : A Short Guide for the Perplexed. In Arthur Ripstein (ed.), Ronald Dworkin. Cambridge University Press. 22--49.
    For the past four decades, Anglo-American legal philosophy has been preoccupied – some might say obsessed – with something called the “Hart-Dworkin” debate. Since the appearance in 1967 of “The Model of Rules I,” Ronald Dworkin’s seminal critique of H.L.A. Hart’s theory of legal positivism, countless books and articles have been written either defending Hart against Dworkin’s objections or defending Dworkin against Hart’s defenders. My purpose in this essay is not to declare an ultimate victor; rather it is to identify (...)
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  4. Scott J. Shapiro (2002). Brian Leiter, Ed., Objectivity in Law and Morals:Objectivity in Law and Morals. Ethics 113 (1):169-173.
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  5. Scott J. Shapiro (2002). Law, Plans, and Practical Reason. Legal Theory 8 (4):387-441.
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  6. Scott J. Shapiro (2002). Ulysses Rebound. Economics and Philosophy 18 (1):157-182.
    Irrational people create problems not only for themselves and those around them, but also for those who study them. They cause trouble for social scientists because their actions are inexplicable, at least according to generally accepted models of explanation. Explanations in the social sciences normally assume the form of rationalizations: actions are explained by showing that, relative to what the subjects believe and desire, the actions were done for good reasons. Conversely, when good reasons cannot be found for why someone (...)
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  7. Scott J. Shapiro (2001). Judicial Can't. Noûs 35 (s1):530 - 557.
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  8. Scott J. Shapiro (2000). Law, Morality, and the Guidance of Conduct. Legal Theory 6 (2):127-170.
    Legal positivism is generally characterized by its commitment to two theses Separability Thesis,” denies any necessary connection between morality and legality. Legal positivists do not require that a norm possess any desirable, or lack any undesirable, moral attributes in order to count as law.
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  9. Scott J. Shapiro (2000). The Bad Man and the Internal Point of View. In Steven J. Burton (ed.), The Path of the Law and its Influence: The Legacy of Oliver Wendell Holmes, Jr. Cambridge University Press.
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  10. Scott J. Shapiro (1998). On Hart's Way Out. Legal Theory 4 (4):469-507.
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