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  1. added 2018-09-25
    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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  2. added 2018-08-30
    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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  3. added 2018-05-16
    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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  4. added 2018-01-20
    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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  5. added 2017-09-04
    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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  6. added 2017-03-03
    Evaluating the Force of Law's Force. [REVIEW]Miotto Lucas - 2016 - Australian Journal of Legal Philosophy 40:229-236.
  7. added 2017-02-15
    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. added 2017-01-30
    Philosophical Perspectives in Jurisprudence.Aulis Aarnio - 1983 - Academic Bookstore.
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  9. added 2017-01-18
    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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  10. added 2016-10-31
    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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  11. added 2016-09-20
    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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  12. added 2016-08-29
    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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  13. added 2016-04-11
    Review of Giorgio Agamben's Pilate and Jesus. [REVIEW]Subhasis Chattopadhyay - 2016 - Prabuddha Bharata or Awakened India 121 (4):431-33.
  14. added 2015-11-14
    Interests, Theories Of.Dustin Garlitz - 2013 - In Gregory Claeys (ed.), Encyclopedia of Modern Political Thought. CQ Press.
  15. added 2015-11-12
    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. added 2015-11-12
    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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  17. added 2014-04-02
    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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  18. added 2014-03-17
    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.
  19. added 2014-03-14
    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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  20. added 2014-02-26
    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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  21. added 2013-11-17
    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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  22. added 2013-06-03
    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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  23. added 2012-12-27
    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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  24. added 2011-01-28
    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. added 2010-10-25
    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. added 2010-09-30
    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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  27. added 2008-12-31
    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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