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  1. 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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  2. added 2018-03-13
    Legal Positivism: Still Descriptive and Morally Neutral.Andrei Marmor - 2006 - Oxford Journal of Legal Studies 26 (4):683-704.
    It has become increasingly popular to argue that legal positivism is actually a normative theory, and that it cannot be purely descriptive and morally neutral as H.L.A. Hart has suggested. This article purports to disprove this line of thought. It argues that legal positivism is best understood as a descriptive, morally neutral, theory about the nature of law. The article distinguishes between five possible views about the relations between normative claims and legal positivism, arguing that some of them are not (...)
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  3. added 2018-03-05
    Law and Authority Under the Guise of the Good, by Veronica Rodriguez-Blanco.Ori J. Herstein - 2016 - Mind 125 (500):1213-1222.
    Law and Authority Under the Guise of the Good, by Rodriguez-BlancoVeronica. Oxford : Hart Publishing, 2014. Pp. 215.
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  4. added 2017-10-21
    Assessment Sensitivity in Legal Discourse.Andrej Kristan & Massimiliano Vignolo - 2018 - Inquiry: An Interdisciplinary Journal of Philosophy 61 (4):394-421.
    We explain three phenomena in legal discourse in terms of MacFarlane’s assessment-sensitive semantics: incompatible applications of law, assessments of statements about what is legally the case, and retrospective overruling. The claim is that assessment sensitivity fits in with the view, shared by many legal theorists at least with respect to hard cases, that the final adjudicator’s interpretation of legal sources is constitutive of the applied norm. We argue that there are strong analogies between certain kinds of statements in legal discourse (...)
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  5. added 2017-09-03
    The Law From Wergild to the Postmodern: Thinking of Restorative Justice.Chatterjee Subhasis Chattopadhyay - manuscript
    This is part of a proposed monograph on the Law, and jurisprudence and is to be used for understanding punishment through wergild to the early Modern and to even the post-modern. The paper is just a draft and in the future will be published as a monograph.
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  6. added 2017-07-10
    The Austinian Theory of Law: Being an Edition of Lectures I, V, and Vi of Austin's "Jurisprudence," and of Austin's "Essay on the Uses of the Study of Jurisprudence" with Critical Notes and Excursus.John Austin - 1906 - F.B. Rothman.
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  7. added 2017-07-10
    Lectures on Jurisprudence, or, the Philosophy of Positive Law.John Austin - 1885 - Lawbook Exchange.
  8. added 2017-03-03
    Evaluating the Force of Law's Force. [REVIEW]Miotto Lucas - 2016 - Australian Journal of Legal Philosophy 40:229-236.
  9. added 2017-01-18
    Alchourron, Bulygin and Italian Legal Theory.P. Comanducci - 1997 - Rechtstheorie 28 (3).
    The essay briefly review the intellectual bonds between Alchourrón and Bulygin and Italian legal thought. Alchourrón and Bulygin’s seminal work is widely read in Italy; and by now is considered essential groundwork by a growing generation of young legal scholars.
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  10. added 2017-01-05
    Struttura E Dinamica Dei Sistemi Giuridici.Paolo Comanducci & Riccardo Guastini - 1996
    Il volume raccoglie gli Atti del 1° convegno italo-spagnolo di teoria analitica del diritto, svoltosi a Imperia nei giorni 27-29 aprile del 1995. Con un approccio analitico alla teoria del diritto, sono stati trattati, tra gli altri, i temi seguenti: efficacia e applicabilità delle norme; identificazione del diritto; lacune; metanorme; fonti del diritto; consuetudine; esistenza di norme e sistemi normativi;norme supreme.
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  11. added 2016-10-08
    Laws as Conventional Norms.Nicholas Southwood - forthcoming - In D. Plunkett, S. Shapiro & K. Toh (eds.), Legal Norms, Ethical Norms: New Essays on Meta-Ethics and Jurisprudence. Oxfprd University Press.
    A persistent worry concerning conventionalist accounts of law is that such accounts are ill equipped to account for law’s special normativity. I offer a particular kind of conventionalist account that is based on the practice-dependent account of conventional norms I have offered elsewhere and consider whether it is vulnerable to the Normativity Objection. I argue that it isn’t. It can account for all the ways in which law can justly claim to be normative. While there are ways of being normative (...)
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  12. 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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  13. added 2016-08-29
    A Revision of the Constitutive and Epistemic Coherence Theories in Law.Veronica Rodriguez-Blanco - 2001 - Ratio Juris 14 (2):212-232.
  14. added 2015-12-09
    Jurisprudence in an African Context.David Bilchitz, Thaddeus Metz & Oritsegbubemi Oyowe - 2017 - Oxford University Press.
    A textbook written mainly for final year law students taking Jurisprudence at an African university, but that would also be of use to those in a political philosophy course. It includes primary sources from both the Western and African philosophical traditions, and addresses these central questions: what is the nature of law?; how should judges interpret the law?; is it possible for judges to be objective when they adjudicate?; how could the law justly allocate liberty and property?; who is owed (...)
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  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 2015-09-16
    Analytical Jurisprudence and the Concept of Commercial Law.John Linarelli - 2009 - Penn State Law Review 114 (1):119-215.
    Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a legal system and the validity (...)
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  17. added 2014-04-02
    A Legal Right to Do Legal Wrong.Ori J. Herstein - 2013 - Oxford Journal of Legal Studies (1):gqt022.
    The literature, as are the intuitions of many, is sceptical as to the coherence of ‘legal rights to do legal wrong’. A right to do wrong is a right against interference with wrongdoing. A legal right to do legal wrong is, therefore, a right against legal enforcement of legal duty. It is, in other words, a right that shields the right holder’s legal wrongdoing. The sceptics notwithstanding, the category of ‘legal right to do legal wrong’ coheres with the concepts of (...)
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  18. 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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  19. added 2014-03-26
    The Logic of “Improper Cross”.Joseph S. Fulda - 2000 - Artificial Intelligence and Law 8 (4):337-341.
    Uses erotetic logic to model the courtroom objection "Improper Cross!". -/- Readers downloading the article should also please download the erratum et corrigendum, which is locally available.
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  20. added 2014-03-19
    The Methodological Problem in Legal Theory: Normative and Descriptive Jurisprudence Revisited.Veronica Rodriguez Blanco - 2006 - Ratio Juris 19 (1):26-54.
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  21. added 2014-03-07
    The Logic of “Asked and Answered!”: The Case of the Traffic Light.Joseph S. Fulda - 2010 - Ratio Juris 23 (2):282-287.
    Uses erotetic logic to model the courtroom objection "Asked and Answered!".
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  22. added 2013-06-02
    The Logic of the Whole Truth.Joseph S. Fulda - 1989 - Rutgers Computer and Technology Law Journal 15 (2):435-446.
    Note: The author holds the copyright, and there was no agreement, express or implied, not to use a facsimile PDF. -/- Using erotetic logic, the paper defines the "the whole truth" in a manner consistent with U.S. Supreme Court precedent. It cannot mean "the whole story," as witnesses in an adversary system are permitted /only/ to answer the questions put to them, nor are they permitted to speculate, add irrelevant material, etc. Nor can it mean not to add an admixture (...)
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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 2011-06-20
    The Anarchist Official: A Problem for Legal Positivism.Kenneth M. Ehrenberg - 2011 - Australian Journal of Legal Philosophy 36:89-112.
    I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system can continue to exist (...)
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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 2010-09-05
    Responsibility in Negligence: Why the Duty of Care is Not a Duty “To Try”.Ori J. Herstein - 2010 - Canadian Journal of Law and Jurisprudence 23 (2):403-428.
    Even though it offers a compelling account of the responsibility-component in the negligence standard—arguably the Holy Grail of negligence theory—Professor John Gardner is mistaken in conceptualizing the duty of care in negligence as a duty to try to avert harm. My goal here is to explain why and to point to an alternative account of the responsibility component in negligence. The flaws in conceiving of the duty of care as a duty to try are: failing to comport with the legal (...)
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