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  1. Seeking Mutual Understanding. A Discourse Theoretical Analysis of the WTO Dispute Settlement System.Emanuela Ceva & Andrea Fracasso - 2010 - World Trade Review 9 (3):457-485.
    The WTO Dispute Settlement System (DSS) has been the object of many studies in politics, law, and economics focusing on institutional design problems. This paper contributes to such studies by accounting for the argumentative nature and sophisticated features of the DSS through a philosophical analysis of the procedures through which it is articulated. Jürgen Habermas's discourse theory is used as a hermeneutic device to disentangle the types of ‘orientations’ (compromise, consensus, and mutual understanding) pertaining to DSS procedures. We show that (...)
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  2. Black White Paper: Tractatus Logico-Academicus.Gavin Keeney - manuscript
    A draft White Paper associated with Fulbright Specialist Program lectures at the University of Ljubljana, Ljubljana, Slovenia, in March-April 2015, concerning neo-liberal capitalist exploitation of academic research and publications.
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  3. Aspects juridiques des mégadonnées - RGPD (GDPR).Nicolae Sfetcu - manuscript
    L'utilisation des mégadonnée présente des problèmes juridiques importants, notamment en termes de protection des données. Le cadre juridique existant de l'Union européenne, basé notamment sur la Directive 46/95/CE et le Règlement général sur la protection des données (RGPD - en anglais : General Data Protection Regulation, GDPR) assurent une protection adéquate. Mais pour les mégadonnées, une stratégie globale et complète est nécessaire. L'évolution au fil du temps est passée du droit d'exclure les autres au droit de contrôler leurs propres données (...)
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  4. Review Essay: Legal Theory, Law, and Normativity. [REVIEW]Leonard Kahn - forthcoming - Journal of Moral Philosophy.
    Joseph Raz's new book, Between Authority and Interpretation, collects his most important papers in the philosophy of law and the theory of practical rationality from the mid-1990s to the mid-2000s. In these papers, Raz not only advances earlier theses but also breaks new ground in a number of areas. I focus on three of Raz's topics here: theories of law, separability and necessity, and the normativity of law. While I am generally sympathetic to Raz's thinking on these topics, I raise (...)
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  5. Search Engines, Free Speech Coverage, and the Limits of Analogical Reasoning.Heather Whitney & Robert Mark Simpson - 2019 - In Susan Brison & Katharine Gelber (eds.), Free Speech in the Digital Age. pp. 33-41.
    This paper investigates whether search engines and other new modes of online communication should be covered by free speech principles. It criticizes the analogical reason-ing that contemporary American courts and scholars have used to liken search engines to newspapers, and to extend free speech coverage to them based on that likeness. There are dissimilarities between search engines and newspapers that undermine the key analogy, and also rival analogies that can be drawn which don’t recommend free speech protection for search engines. (...)
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  6. A Neuroscience Study on the Implicit Subconscious Perceptions of Fairness and Islamic Law in Muslims Using the EEG N400 Event Related Potential.Ahmed Izzidien & Srivas Chennu - 2018 - Journal of Cognition and Neuroethics 2 (5):21-50.
    We sought to compare the implicit and explicit views of a group of Muslim graduates on the fairness of Islamic law. In this preliminary investigation, we used the Electroencephalographic N400 Event Related Potential to detect the participant’s implicit beliefs. It was found that the majority of participants, eight out of ten, implicitly held that Islamic Law was unfair despite explicitly stating the opposite. In seeking to understand what separated these eight participants from the remaining two – the two who both (...)
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  7. The Methods of Normativity.Hass Binesh - 2017 - Canadian Journal of Law and Jurisprudence 30 (1):159.
    This essay is an examination of the relationship between phenomenology and analytic method in the philosophy of law. It proceeds by way of a case study, the requirement of compliance in Raz’s theory of mandatory norms. Proceeding in this way provides a degree of specificity that is otherwise neglected in the relevant literature on method. Drawing on insights from the philosophy of art and cognitive neuroscience, it is argued that the requirement of compliance is beset by a range of epistemological (...)
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  8. Down the Methodological Rabbit Hole.David Frydrych - 2017 - Crítica. Revista Hispanoamericana de Filosofía 49 (147):41-73.
    This article surveys methodological matters that shape, drive, and plague analytic legal philosophy. Section 2 briefly explicates conceptual analysis, analytic definitions, and family resemblance concepts. It also argues that central cases are used in more than one way. Section 3 presents criticisms of those concepts and methods, and suggests that some of these difficulties are due to the lack of a shared paradigm regarding a counterexample’s impact. Section 4 explains “meta- theoretical” desiderata. It contends that, to date, legal philosophical appeals (...)
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  9. Structural Realism and Jurisprudence.Kevin Lee - 2017 - Legal Issues Journal 5 (2).
    Some Anglophone legal theorists look to analytic philosophy for core presuppositions. For example, the epistemological theories of Ludwig Wittgenstein and Willard Quine shape the theories of Dennis Patterson and Brian Leiter, respectively. These epistemologies are anti-foundational since they reject the kind of certain grounding that is exemplified in Cartesian philosophy. And, they are coherentist in that they seek to legitimate truth-claims by reference to entire linguistic systems. While these theories are insightful, the current context of information and communication technologies (ICT) (...)
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  10. Political Reconciliation, the Rule of Law, and Truces.Colleen Murphy - 2017 - Journal of Global Ethics 13 (1):28-39.
    Nir Eisikovits argues in A Theory of Truces that most contemporary conflicts wind down in a much more piecemeal fashion than our theorizing about the morality of ending wars suggests. Pauses in violence are achieved by securing agreement on narrow questions. Moreover, rather than hoping to do away with violence, theorizing would do best, he writes, to take as its starting point the fact of warfare as part of the human condition. Eisikovits aims to articulate the features of truce thinking, (...)
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  11. Metaphilosophy of Law.Pawel Banas, Adam Dyrda & Tomasz Gizbert-Studnicki (eds.) - 2016 - Hart.
    Methodological and metaphilosophical disputes in the contemporary philosophy of law are very vivid. Basic issues remain controversial. The purpose of the book is to confront approaches of Anglo-Saxon and continental philosophy of law to the following topics: the purpose of legal philosophy, the role of disagreement in legal philosophy, methodology of legal philosophy (conceptual analysis) and normativity of law. We see those areas of legal metaphilosophy as drawing recently more and more attention in the literature. The authors of particular chapters (...)
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  12. Review of Giorgio Agamben's Pilate and Jesus. [REVIEW]Subhasis Chattopadhyay - 2016 - Prabuddha Bharata or Awakened India 121 (4):431-33.
  13. Derrida's Kafka and the Imagined Boundary of Legal Knowledge.William Conklin - 2016 - Law, Culture and the Humanities 12 (1):1-27.
    This article raises the critical issue as to why there has been assumed to be a boundary to legal knowledge. In response to such an issue I focus upon the works of Jacques Derrida who, amongst other things, was concerned with the boundary of the disciplines of Literature, Philosophy and Law. The article argues that the boundary delimits the law as if the inside of a boundary to territorial-like legal space in legal consciousness. Such a space is not possible without (...)
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  14. Law as Plan and Artefact.Kenneth M. Ehrenberg - 2016 - Jurisprudence 7 (2):325-340.
    Scott Shapiro’s theory that law is a social plan is helpful in seeing law essentially as a tool of human creation and as such is sympathetic to understanding law in terms of the social functions it performs, a method I argue for elsewhere. I focus here on two problems with the theory as presented. The planning theory does not adequately explain the persistence of law beyond the utility of those who implement it. Generally, plans can cease to exist as soon (...)
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  15. The Functions of Law.Kenneth M. Ehrenberg - 2016 - Oxford University Press.
    What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so (...)
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  16. Good Legal Thought: What Wordsworth Can Teach Langdell About Forms, Frames, Choices, and Aims.Harold Anthony Lloyd - 2016 - Vermont Law Review 41 (1):1-22.
    Langdellian “science” and its “formalism” ignore ways form permits and even creates freedom of choice. For example, as Wordsworth notes, though the weaver is restricted by what his form of loom can weave, the weaver may nonetheless choose what and how he weaves. Furthermore, the loom creates weaving possibilities that do not exist without it. Such freedom alongside form is often lost on lawyers, judges, and teachers trained primarily in Langdellian redacted appellate cases where “facts” and other framed matters often (...)
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  17. Weighing Words: On the Governmentality of Free Speech.Muhammad Ali Nasir - 2016 - Social and Legal Studies 25 (1).
    The article explores the regulatory aspect of the right to freedom of expression. It focuses on human rights case law to see how the guarantee of this right considers subjects, who are required to be free in specific ways in order to exercise their freedoms aptly.
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  18. Justice Scalia and Queen Anne.Harold Anthony Lloyd - 2015 - Huffington Post.
    This article explores problems with several definitions of Originalism proposed by Justice Scalia in "Reading Law: The Interpretation of Legal Texts." It begins by looking at Justice Scalia's citation of a possible statement by Queen Anne that Justice Scalia claims in itself justifies Originalism. Queen Anne may have told Sir Christopher Wren that St. Paul's Cathedral was "awful, artificial, and amusing" at a time when those words meant "awe-inspiring, highly artistic, and thought-provoking." Conceding that one must understand how Queen Anne (...)
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  19. Evaluating the Force of Law's Force. [REVIEW]Miotto Lucas - 2015 - Australian Journal of Legal Philosophy 40:229-236.
  20. Interests, Theories Of.Dustin Garlitz - 2013 - In Gregory Claeys (ed.), Encyclopedia of Modern Political Thought. CQ Press.
  21. When Is a Regime Not a Legal System? Alexy on Moral Correctness and Social Efficacy.David H. McIlroy - 2013 - Ratio Juris 26 (1):65-84.
    Robert Alexy defines law as including a claim to moral correctness and demonstrating social efficacy. This paper argues that law's social efficacy is not merely an observable fact but is undergirded by moral commitments by rulers that it is possible for their subjects to follow the rules, that the rulers and others will also follow the rules, that subjects will be protected from violence if they act in accordance with the rules, and that subjects will be entitled to legal redress (...)
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  22. Prawne a pozaprawne pojęcia dobra wspólnego [Legal and Extralegal Notions of Common Good].Marek Piechowiak - 2013 - In Wojciech Arndt, Franciszek Longchamps de Bérier & Krzysztof Szczucki (eds.), Dobro wspólne. Teoria i praktyka. Wydawnictwo Sejmowe. pp. 23-45.
    Opracowanie dotyczy relacji konstytucyjnego pojęcia „dobro wspólne” z art. 1 Konstytucji RP, do pozaprawnych pojęć dobra wspólnego. Bezpośredni asumpt do jego przygotowania dało zdanie odrębne sędziego Trybunału Konstytucyjnego Zbigniewa Cieślaka do wyroku TK z dnia 20 kwietnia 2011 r. w sprawie Kp 7/09, dotyczącej zmian w prawie budowlanym. Jest to w ogóle najobszerniejsza wypowiedź w całym dotychczasowym orzecznictwie TK poświęcona wprost problematyce dobra wspólnego. Sędzia Z. Cieślak wyraźnie odróżnił prawne pojęcie dobra wspólnego – jego zdaniem właściwe dla interpretacji klauzuli dobra (...)
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  23. Sexual Consent as Voluntary Agreement: Tales of “Seduction” or Questions of Law?Lucinda Vandervort - 2013 - New Criminal Law Review 16 (1):143-201.
    This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a specific (...)
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  24. Law is Not (Best Considered) an Essentially Contested Concept.Kenneth M. Ehrenberg - 2011 - International Journal of Law in Context 7:209-232.
    I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...)
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  25. Defending the Possibility of a Neutral Functional Theory of Law.Kenneth M. Ehrenberg - 2009 - Oxford Journal of Legal Studies 29 (1):91.
    I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...)
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  26. Norm and Truth.Marek Piechowiak (ed.) - 2008 - School of Humanities and Journalism.
    Truth seems to be an indispensable element of authority which presents itself as being based on more than just power and efficiency. In the domain of law,there is not only and primarily the problem of establishing the truth about the facts which are to be judged; there is also the problem of norms—does their authority rest solely on the act of establishing them, or is there “something behind”, a truth which contributes to the strength of law, and which provides legitimacy (...)
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  27. An Interpretation of Probability in the Law of Evidence Based on Pro-Et-Contra Argumentation.Lennart Åqvist - 2007 - Artificial Intelligence and Law 15 (4):391-410.
    The purpose of this paper is to improve on the logical and measure-theoretic foundations for the notion of probability in the law of evidence, which were given in my contributions Åqvist [ (1990) Logical analysis of epistemic modality: an explication of the Bolding–Ekelöf degrees of evidential strength. In: Klami HT (ed) Rätt och Sanning (Law and Truth. A symposium on legal proof-theory in Uppsala May 1989). Iustus Förlag, Uppsala, pp 43–54; (1992) Towards a logical theory of legal evidence: semantic analysis (...)
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  28. Internet Stings Directed at Pedophiles: A Study in Philosophy and Law.Joseph S. Fulda - 2007 - Sexuality and Culture 11 (1):52-98.
    The article is intended to, in Sections I and II, flesh out and put within a metaphilosophical framework the theoretical argument first made in 2002 in “Do Internet Stings Directed at Pedophiles Capture Offenders or Create Offenders? And Allied Questions” (Sexuality & Culture 6(4): 73–100), with some modifications (See note 14). Where there are differences, I stand by this version as the final version of the argument. Section III addresses three experimental or empirical studies which might be thought to contradict (...)
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  29. Free Will in Context.Patrick Grim - 2007 - Behavioral Science and the Law 25:183-201.
    Philosophical work on free will, contemporary as well as historical, is inevitably framed by the problem of free will and determinism. One of my goals in what follows is to give a feel for the main lines of that debate in philosophy today. I will also be outlining a particular perspective on free will. Many working philosophers consider themselves Compatibilists; the perspective outlined, building on a number of arguments in the recent literature, is a contemporary form of such a view. (...)
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  30. Moral Evaluation and Conceptual Analysis in Jurisprudential Methodology.John Oberdiek & Dennis Patterson - 2007 - In Michael D. A. Freeman & Ross Harrison (eds.), Law and Philosophy. Oxford University Press.
  31. The Defence of Belief in Consent: Guidelines and Jury Instructions for Application of Criminal Code Section 265(4).Lucinda Vandervort - 2005 - Criminal Law Quarterly 50 (4):441-452.
    The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...)
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  32. A Defence of Hart's Semantics as Nonambitious Conceptual Analysis.Veronica Rodriguez-Blanco - 2003 - Legal Theory 9 (2):99-124.
    Two methodological claims in Hart's TheConceptofLaw have produced perplexity: that it is a book on 1 and that it may also be regarded as an essay in 2 Are these two ideas reconcilable? We know that mere analysis of our legal concepts cannot tell us much about their properties, that is, about the empirical aspect of law. We have learned this from philosophical criticisms of conceptual analysis; yet Hart informs us that analytic jurisprudence can be reconciled with descriptive sociology. The (...)
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  33. The Trap.William E. Conklin - 2002 - Law and Critique 13 (1):1-28.
    A professor is brought before a secret tribunalin his law faculty for the purpose of decidingthe appropriateness of a student's grade. Thegrounds of the grade appeal are that theprofessor had taught critically instead ofpractically and that he had done so with anacademic bias and prejudice. He is also allegedto have taught philosophy rather than law. After many hours of examination andcross-examination as a defendant and as anexpert witness, the professor, Flink, begins adialogue with a spirit in an effort tounderstand the (...)
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  34. Assaggi di Metaetica Due.Paolo Comanducci - 1998
    Il volume si propone di sondare, a livelli diversi di profon­dità, alcuni problemiaperti dell’etica e della metaetica, intendendo tali termini in un senso assai lato. ‘Etica’ è infatti usato per riferirsi all’intero dominio del diritto, della politica e della mo­rale; ‘metaetica’ per riferirsi a qualunque discorso che verta sull’etica. Nella prima parte sono analizzati, a livello metaetico, alcuni concetti-chiave in ambito pratico: tra gli altri, quelli di tolleranza, di uguaglianza e di diritti umani. Nella seconda parte vengono affrontati, a livello (...)
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  35. Aplicabilidad y eficacia de las normas jurídicas.Pablo Navarro & José Juan Moreso - 1996 - Isonomía. Revista de Teoría y Filosofía Del Derecho 5:119-139.
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  36. Formalizing Multiple Interpretation of Legal Knowledge.Andreas Hamfelt - 1995 - Artificial Intelligence and Law 3 (4):221-265.
    A representation methodology for knowledge allowing multiple interpretations is described. It is based on the following conception of legal knowledge and its open texture. Since indeterminate, legal knowledge must be adapted to fit the circumstances of the cases to which it is applied. Whether a certain adaptation is lawful or not is measured by metaknowledge. But as this too is indeterminate, its adaptation to the case must be measured by metametaknowledge, etc. This hierarchical model of law is quite well-established and (...)
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  37. Hard Cases: A Procedural Approach. [REVIEW]Jaap C. Hage, Ronald Leenes & Arno R. Lodder - 1993 - Artificial Intelligence and Law 2 (2):113-167.
    Much work on legal knowledge systems treats legal reasoning as arguments that lead from a description of the law and the facts of a case, to the legal conclusion for the case. The reasoning steps of the inference engine parallel the logical steps by means of which the legal conclusion is derived from the factual and legal premises. In short, the relation between the input and the output of a legal inference engine is a logical one. The truth of the (...)
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  38. Adjudication, Validity, and Theories of Law.John Bogart - 1989 - Canadian Journal of Law and Jurisprudence 2 (2):163-70.
    Although Positivism and Natural Law theories seem to be mutually exclusive theories regarding the law, one might be able to salvage the attractive features of both theories by confining each theory to a different area of judicial life. The most promising line of demarcation is to confine Positivism to theories of validity, and to confine Natural Law to theories of adjudication. This strategy has been very ably outlined in a paper by David Brink, which I shall use as the springboard (...)
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  39. Philosophical Perspectives in Jurisprudence.Aulis Aarnio - 1983 - Academic Bookstore.
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