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  1. Vagueness in Law.Timothy A. O. Endicott - 2001 - Oxford University Press UK.
    Vagueness in law leads to indeterminacies in legal rights and obligations in many cases. The book defends that claim and explains its implications for legal theory. Vague language is the book's focus, but vagueness is not merely a linguistic feature of law. Law is necessarily vague. That fact seems to threaten the coherence of the ideal of the rule of law. The book defends a new, coherent articulation of that ideal.
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  2. Roger W. Shuy: The Language of Defamation Cases. [REVIEW]Janet Ainsworth - 2012 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (3):431-437.
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  3. Promoting Multilingual Consistency for the Quality of EU Law.Lucie Pacho Aljanati - 2017 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 30 (1):67-79.
    The process of elaborating EU legislation includes the activity of translation. Drafting and translation cannot be considered separately but are rather two complementary activities whose aim is the quality of legislation. In order to achieve the required quality of legislation, one guiding principle is consistency of terminology. This study examines the particular case of two terms in German that appeared in the EC Treaty: Entscheidung and Beschluss. The inconsistent use of the two terms was the source of interpretative problems, as (...)
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  4. Controlling Inadvertent Ambiguity in the Logical Structure of Legal Drafting by Means of the Prescribed Definitions of the a-Hohfeld Structurallanguage.Layman E. Allen & Charles S. Saxon - 1994 - Theoria: Revista de Teoría, Historia y Fundamentos de la Ciencia 9 (2):135-172.
    Two principal sources of imprecision in legal drafting (vagueness and ambiguity) are identified and illustrated. Virtually all of the ambiguity imprecision encountered in legal discourse is ambiguity in the language used to express logical structure, and virtually all of the imprecision resulting is inadvertent. On the other hand, the imprecision encountered in legal writing that results from vagueness is frequently, if not most often, included there deliberately; the drafter has considered it and decided that the vague language best accomplishes the (...)
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  5. Some Remarks on Performatives in the Law.Lennart Åqvist - 2003 - Artificial Intelligence and Law 11 (2-3):105-124.
    This paper contains an analysis of performatives with special attention to performatives in the law. It deals with the possibility to recognise performativity by means of a grammatical-syntactic criterion, the self-verifying and norm-promulgating character of legal performatives, an analysis of the effects of performatives by means of causal logic, the different forms of performativity and a theory of promise-performatives.
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  6. On the Instrumental Value of Vagueness in the Law.Hrafn Asgeirsson - 2015 - Ethics 125 (2):425-448.
    It is natural to think that law ought not to be vague. After all, law is supposed to guide conduct, and vague law seems poorly suited to do that. Contrary to this common impression, however, a number of authors have argued that vagueness in the law is sometimes a good thing, because it is a means to achieving certain valuable legislative ends. In this article, I argue that many authors—including Timothy Endicott and Jeremy Waldron—wrongly associate vagueness with instrumental roles that (...)
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  7. Vagueness and Power-Delegation in Law: A Reply to Sorensen.Hrafn Asgeirsson - 2013 - In Michael Freeman & Fiona Smith (eds.), Current Legal Issues: Law and Language. Oxford University Press.
    Roy Sorensen has argued that vagueness in the law cannot be justified by appeal to the value of power-delegation, and thereby threatens to take away one of the main reasons for thinking that vagueness can be valuable to law. Delegation of power to officials is justified, he thinks, only if these officials are in a better position to discover whether a particular x is F, a condition not satisfied in cases of vagueness. I argue that Sorensen’s argument is unsound: delegation (...)
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  8. Vagueness, Comparative Value, and the "Lawmakers' Challenge".Hrafn Asgeirsson - 2012 - Archiv für Rechts- Und Sozialphilosophie 98 (3):299-316.
    In "The Value of Vagueness," Timothy Endicott argues that vague law can be better than precise law. I think he is in many respects correct, but will suggest that we modify and supplement his framework in order to get a firmer grip on what I call the Lawmakers' Challenge: the scenario in which lawmakers find themselves when they must determine whether the consequences of precision are worse than the consequences of vagueness. This will allow us to identify several points of (...)
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  9. Semantically Cued Contextual Implicatures in Legal Texts.Sol Azuelos-Atias - 2010 - Journal of Pragmatics 42 (3):728-743.
    In this article I discuss one of the linguistic means which enables speakers to represent content in their utterances without expressing it explicitly. I will argue, in line with Wilson and Sperber, that the logical form of the argument encoded by an utterance (however fragmentarily or incompletely) is sufficient as a cue directing the hearers to the implicit content of the speaker's meaning. I will suggest that the logical form of the encoded argument enables the speaker to represent in the (...)
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  10. The Semantics of Symbolic Speech.P. Berckmans - 1997 - Law and Philosophy 16 (2):145-176.
    More than half a century ago, the Supreme Court held that the free speech protection of the First Amendment is not limited to verbal communication, but also applies to such expressive conduct as saluting a flag or burning a flag. Even though the Supreme Court has decided a number of important cases involving expressive conduct, the Court has never announced any standards for distinguishing such conduct from conduct without communicative value. The aim of this paper is to examine which conceptions (...)
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  11. Law and Language: How Words Mislead Us.Brian Bix - 2010 - Jurisprudence 1 (1):25-38.
    Our world is full of fictional devices that let people feel better about their situation - through deception and self-deception. The legal realist, Felix Cohen, argued that law and legal reasoning is full of similarly dubious labels and bad reasoning, though of a special kind. He argued that judges, lawyers and legal commentators allow linguistic inventions and conventions to distort their thinking. Like the ancient peoples who built idols out of stone and wood and then asked them for assistance and (...)
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  12. Will Versus Reason: Truth in Natural Law, Positive Law, and Legal Theory.Brian Bix - 2010 - In Kurt Pritzl (ed.), Truth: Studies of a Robust Presence. Catholic University of America Press.
    This article is based on a Lecture given as part of the Franklin J. Matchette Foundation Lecture Series on Truth at the Catholic University of America, School of Philosophy, in 2002. It explores what theorists in the natural law tradition and modern legal theorists have argued about what makes propositions of morality and law true, focusing on the rubric of "reason" as opposed to "will." It seems probable, and perhaps inevitable, that theorists about the nature of truth in morality must (...)
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  13. Law, Language, and Legal Determinacy.Brian Bix - 1993 - Oxford University Press.
    This book discusses one of the central problems in the philosophy of law--the question of legal determinacy. Is the law a seamless web or are there gaps? Bix argues that the major re-thinking of the common and "common sense" views about law that have been proposed by various recent legal theories is unnecessary. He offers a reconsideration of the role of language in the law, and the way ideas about language have been used and misused in recent legal theory. He (...)
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  14. Semantic Sources of the Concept of Law.Gerd Buchdahl - 1967 - Synthese 17 (1):54 - 74.
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  15. Truth, Justice, and the American Pragmatist Way.F. Thomas Burke - 2014 - In Graham Hubbs & Douglas Lind (eds.), Pragmatism, Law, and Language. Routledge. pp. 191-204.
    Throughout his many writings Charles Sanders Peirce occasionally presented examples of how to use the pragmatist method of defining one’s terms, having insisted that pragmatism is just that: a methodological stance concerning how best to clarify one’s terminology. One of the more remarkable examples is his definition of the word ‘reality’ with the corollary definition of the word ‘truth’. It is argued here that this definition also supplies for free a corollary definition of the word ‘knowledge’. Moreover, the same type (...)
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  16. Trends in Legal Knowledge: The Semantic Web and the Regulation of Electronic Social Systems: Papers From the B-4 Workshop on Artificial Intelligence and Law, May 25th- 27th 2005: Xxii World Congress of Philosophy Ivr '05 Granada, May 24th-29th 2005. [REVIEW]Pompeu Casanovas Romeu (ed.) - 2007 - European Press Academic.
  17. 'Law'.Jules L. Coleman & Ori Simchen - 2003 - Legal Theory 9 (1):1-41.
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  18. The Dead Donor Rule, Voluntary Active Euthanasia, and Capital Punishment.Christian Coons & Noah Levin - 2011 - Bioethics 25 (5):236-243.
    We argue that the dead donor rule, which states that multiple vital organs should only be taken from dead patients, is justified neither in principle nor in practice. We use a thought experiment and a guiding assumption in the literature about the justification of moral principles to undermine the theoretical justification for the rule. We then offer two real world analogues to this thought experiment, voluntary active euthanasia and capital punishment, and argue that the moral permissibility of terminating any patient (...)
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  19. Substantial Truth in Defamation Law.Meiring De Villiers - unknown
    Truth is a complete defense to a defamation charge, but a defendant does not have to prove the literal truth of a defamatory statement to prevail. An effective defense can rely on the substantial truth doctrine. Under the substantial truth doctrine, a defamatory statement is First Amendment-protected if it is factually similar to the pleaded truth, and does not differ from the truth by more than immaterial details. This article presents and analyzes the theory, application, and constitutional foundations of the (...)
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  20. “Weasel Words” in Legal and Diplomatic Discourse: Vague Nouns and Phrases in UN Resolutions Relating to the Second Gulf War.Giuseppina Scotto di Carlo - 2015 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (3):559-576.
    This study aims at investigating vagueness in Security Council Resolutions by focussing on a selection of nouns and phrases used as the main casus belli for the Second Gulf War. Analysing a corpus of Security Council Resolutions relating to the conflict, the study leads a qualitative and quantitative analysis drawing upon Mellinkoff’s theories on “weasel words”, which are “words and expressions with a very flexible meaning, strictly dependent on context and interpretation”. Special attention is devoted to the historical/political consequences of (...)
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  21. Legal Statements and Normative Language.Duarte D'Almeida Luís - 2011 - Law and Philosophy 30 (2):167-199.
    Can there be a non-reductivist, source-based explanation of the use of normative language in statements describing the law and legal situations? This problem was formulated by Joseph Raz, who also claimed to have solved it. According to his well-known doctrine of ‘detached’ statements, normative legal statements can be informatively made by speakers who merely adopt, without necessarily sharing, the point of view of someone who accepts that legal norms are justified and ought to be followed. In this paper I defend (...)
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  22. The Philosophical Problem of Vagueness.Dorothy Edgington - 2001 - Legal Theory 7 (4):371-378.
    Think of the color spectrum, spread out before you. You can identify the different colors with ease. But if you are asked to indicate the point at which one color ends and the next begins, you are at a loss. "There is no such point", is a natural thought: one color just shades gradually into the next.
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  23. The Nature of Legislative Intent.Richard Ekins - 2012 - Oxford University Press.
    The idea of legislative intent plays a central role in legal interpretation and constitutional theory, yet is repeatedly challenged as being an illusion. Refuting these challenges, this book develops a robust account of how and why legislatures form intentions, and the importance of these intentions to understanding law and parliamentary democracy.
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  24. Law and Language.Timothy Endicott - 2002 - In Jules Coleman & Scott Shapiro (eds.), The Oxford Handbook of Jurisprudence & Philosophy of Law. Oxford: Oxford University Press. pp. 935-968.
    The author argues that philosophers' attempts to use philosophy of language to solve problems of jurisprudence have often failed- the most dramatic failure being that of Jeremy Bentham. H.L.A.Hart made some related mistakes in his creative use of philosophy of language, yet his focus on language still yields some very significant insights for jurisprudence: the context principle (that the correct application of linguistic expressions typically depends on context in ways that are important for jurisprudence), the diversity principle (that grounds of (...)
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  25. Law is Necessarily Vague.Timothy Endicott - 2001 - Legal Theory 7 (1):377--83.
    In fact, law is necessarily very vague. So if vagueness is a problem for legal theory, it is a serious problem. The problem has to do with the ideal of the rule of law and with the very idea of law: if vague standards provide no guidance in some cases, how can the life of a community be ruled by law? The problem has long concerned philosophers of law; the papers at this symposium address it afresh by asking what legal (...)
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  26. Vagueness in Law.Timothy Andrew Orville Endicott - 2000 - Oxford University Press.
    Vagueness in law can lead to indeterminacies in legal rights and obligations. This book responds to the challenges that those indeterminacies pose to theories of law and adjudication.
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  27. The Normative Structure of Responsibility.Federico Faroldi - 2014 - College Publications.
  28. Current Legal Issues: Law and Language.Michael Freeman & Fiona Smith (eds.) - forthcoming - Oxford University Press.
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  29. Language and the Law.John Gibbons (ed.) - 1994 - Longman.
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  30. Modeling the Forensic Two-Trace Problem with Bayesian Networks.Simone Gittelson, Alex Biedermann, Silvia Bozza & Franco Taroni - 2013 - Artificial Intelligence and Law 21 (2):221-252.
    The forensic two-trace problem is a perplexing inference problem introduced by Evett (J Forensic Sci Soc 27:375–381, 1987). Different possible ways of wording the competing pair of propositions (i.e., one proposition advanced by the prosecution and one proposition advanced by the defence) led to different quantifications of the value of the evidence (Meester and Sjerps in Biometrics 59:727–732, 2003). Here, we re-examine this scenario with the aim of clarifying the interrelationships that exist between the different solutions, and in this way, (...)
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  31. Is an Empirical Theory of the Language of the Law Possible.Tomasz Gizbert-Studnicki - 1987 - In Zygmunt Ziembiński (ed.), Polish Contributions to the Theory and Philosophy of Law. Rodopi. pp. 99--114.
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  32. Legislative Intention Vindicated?Jeffrey Goldsworthy - 2013 - Oxford Journal of Legal Studies 33 (4):821-842.
    This review article examines Richard Ekins’ attempt to defend the concept of legislative intention from influential criticism, and to demonstrate its indispensable and central role in statutory interpretation. He rejects accounts of legislative intention in terms of the aggregation of the intentions of individual legislators, and instead, draws on recent philosophical work on the nature of group agency to propose a unitary model, in which the relevant intention is that of the legislature itself, although it is supported by the ‘interlocking’ (...)
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  33. Derecho y Estructuralismo: algo de lo que es preciso hablar en voz alta.Marina Gorali - 2015 - Revista Digital de Carrera Docente Facultad de Derecho UBA:30-43.
    ¿Qué relación hay entre derecho y lenguaje? Y ¿entre lenguaje y ley? ¿Cómo se inicia la serie de la juridicidad? ¿Qué la posibilita? Una característica hace de lo humano algo aparte de lo vivo: la palabra. El presente trabajo pretende recorrer parte de esta huella, intentando repensar allí la centralidad del lenguaje en la estructuración misma de la juridicidad. Volverse al lenguaje es, en definitiva –como señala P. Sneh– un gesto político.
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  34. Legal Interpretation: Perspectives From Other Disciplines and Private Texts.Kent Greenawalt - 2010 - Oxford University Press.
    Introduction: dimensions of inquiry -- Speaker intent and convention; linguistic meaning and pragmatics; Vagueness and indeterminacy: three topics in the philosophy of language -- Literary interpretation, performance art, and related subjects -- Religious interpretation -- General theories of interpretation -- Starting from the bottom: informal instructions -- The law of agency -- Wills -- Contracts -- Judicial alterations of textual provisions: Cy Pres and relatives -- Conclusion and a comparison.
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  35. Vagueness and Judicial Responses to Legal Indeterminacy.Kent Greenawalt - 2001 - Legal Theory 7 (4):433-445.
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  36. Law Truth and Presupposition.Adam Grobler - 2005 - Philosophica 75:89-102.
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  37. Counterlegals and Necessary Laws.By Toby Handfield - 2004 - Philosophical Quarterly 54 (216):402–419.
    Necessitarian accounts of the laws of nature have an apparent difficulty in accounting for counterlegal conditionals because, despite appearing to be substantive, on the necessitarian thesis they are vacuous. I argue that the necessitarian may explain the apparently substantive content of such conditionals by pointing out the presuppositions of counterlegal discourse. The typical presupposition is that a certain conceptual possibility has been realized; namely, that necessitarianism is false. (The idea of conceptual possibility is explicated in terms of recent work in (...)
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  38. Law, Language, and Legal Determinacy. By Brian Bix . 221 Pp. [REVIEW]R. Henle - 1994 - American Journal of Jurisprudence 39 (1):493-497.
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  39. Conceptual Analysis , the Naturalistic Turn, and Legal Philosophy.K. E. Himma - 2007 - In Josep J. Moreso (ed.), Legal Theory: Legal Positivism and Conceptual Analysis: Proceedings of the 22nd Ivr World Congress, Granada 2005, Volume I = Teoría Del Derecho: Positivismo Jurídico y Análisis Conceptual. Franz Steiner Verlag.
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  40. A Philosophy of Evidence Law: Justice in the Search for Truth.H. L. Ho - 2008 - Oxford University Press.
    This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.
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  41. Pragmatism, Law, and Language.Hubbs Graham & Lind Douglas (eds.) - 2013 - Routledge.
    This volume puts leading pragmatists in the philosophy of language, including Robert Brandom, in contact with scholars concerned with what pragmatism has come to mean for the law. Each contribution uses the resources of pragmatism to tackle fundamental problems in the philosophy of language, the philosophy of law, and social and political philosophy. In many chapters, the version of pragmatism deployed proves a fruitful approach to its subject matter; in others, shortcomings of the specific brand of pragmatism are revealed. The (...)
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  42. Vagueness, Interpretation, and the Law.Ólafur Páll Jónsson - 2009 - Legal Theory 15 (3):193.
    It is widely accepted that vagueness in law calls for a specific interpretation of the law—interpretation that changes the meaning of the law and makes it more precise. According to this view, vagueness causes gaps in the law, and the role of legal interpretation in the case of vagueness is to fill such gaps. I argue that this view is mistaken and defend the thesis that vagueness in law calls only for an application of the law to the case at (...)
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  43. Language of Politics Studies in Quantitative Semantics.Harold Dwight Lasswell & Nathan Constantin Leites - 1949 - G.W. Stewart.
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  44. Law's Capacity for Vagueness.Doris Liebwald - 2013 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (2):391-423.
    This paper deals with the particularities of vagueness in law. Thereby the question of the law’s capacity for vagueness is closely related to the question of the impact of vagueness in law, since exaggerated vagueness combined with the elasticity of legal interpretation methodology may affect the constitutional principles of legal certainty, the division of powers, and the binding force of statute. To represent vagueness and the instability of legal concepts and rules, a Hyperbola of Meaning is introduced, opposing Heck’s metaphor (...)
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  45. Descriptions of Behavior and Behavioral Concepts in Private Law.Maksymilian T. Madelr - manuscript
    Every description contains within it a qualifier that allows us to avoid the problem of descriptive regress, and thus allows us to use the description for various purposes. Descriptive regress occurs because no one description can be understood without referring to further descriptions, which themselves require unpacking by reference to further descriptions ad infinitum. There are no fundamental descriptions no descriptions that attain and keep some privileged ontological status. The qualifier works by invoking the normal circumstances in which the description (...)
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  46. Review of Deception: From Ancient Empires to Internet Dating. [REVIEW]James Edwin Mahon - 2012 - Philosophy in Review 32 (4):275-278.
    In this review of Brooke Harrington's edited collection of essays on deception, written by people from different disciplines and giving us a good "status report" on what various disciplines have to say about deception and lying, I reject social psychologist Mark Frank's taxonomy of passive deception, active consensual deception, and active non-consensual deception (active consensual deception is not deception), as well as his definition of deception as "anything that misleads another for some gain" ("for gain" is a reason for engaging (...)
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  47. The Language of the Law.Yon Maley - 1994 - In John Gibbons (ed.), Language and the Law. Longman. pp. 11--50.
  48. The Language of Law.Andrei Marmor - 2014 - Oxford University Press UK.
    The book builds on recent work in pragmatics and speech-act theory to explain how, and to what extent, legal content is determined by linguistic considerations. At the same time, the analysis shows that some of the unique features of communication in the legal domain - in particular, its strategic nature - can be employed to put pressure on certain assumptions in philosophy of language. This enables a more nuanced picture of how semantic and pragmatic determinants of communication work in complex (...)
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  49. Can the Law Imply More Than It Says? On Some Pragmatic Aspects of Strategic Speech.Andrei Marmor - 2011 - In Andrei Marmor & Scott Soames (eds.), Philosophical Foundations of Language in the Law. Oxford University Press, Usa.
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  50. Social Conventions: From Language to Law.Andrei Marmor - 2009 - Princeton University Press.
    Social conventions are those arbitrary rules and norms governing the countless behaviors all of us engage in every day without necessarily thinking about them, from shaking hands when greeting someone to driving on the right side of the road. In this book, Andrei Marmor offers a pathbreaking and comprehensive philosophical analysis of conventions and the roles they play in social life and practical reason, and in doing so challenges the dominant view of social conventions first laid out by David Lewis. (...)
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