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  1. George Duke on Aristotle, Politics, and Nomos: Review of George Duke’s Aristotle and Law: The Politics of Nomos. [REVIEW]Joaquín Reyes - forthcoming - Criminal Law and Philosophy:1-5.
  2. Review of Duty to Self: Moral, Political, and Legal Self-Relation by Paul Schofield. [REVIEW]Daniel Groll - forthcoming - Criminal Law and Philosophy:1-8.
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  3. Criminal Law and Republican Liberty: Philip Pettit’s Account.Jeremy Horder - 2021 - Criminal Law and Philosophy 16 (1):193-213.
    Philip Pettit has made central to modern republican theory a distinctive account of freedom—republican freedom. On this account, I am not free solely because I can make choices without interference. I am truly free, only if that non-interference does not itself depend on another’s forbearance. Pettit believes that the principal justification for the traditional focus of the criminal law is that it constitutes a bulwark against domination. I will, in part, be considering the merits of this claim. Is the importance (...)
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  4. The Merits and Limits of Conscience-Based Legal Exemptions.Jocelyn Maclure - 2022 - Criminal Law and Philosophy 16 (1):127-134.
    Exemption claims remain a tangled and divisive moral and legal issue both in academia and in the public sphere. In his book Exemptions: Necessary, Justified, or Misguided?, the constitutional scholar Kent Greenawalt zeros in on the vexed question of whether exemptions from rules of general applicability based on the conscientious convictions of individuals or groups are sometimes justified or prudent by discussing a wide range of cases drawn from the American jurisprudence. Although he does not engage in a significant way (...)
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  5. Consent to Unjust Institutions.Bas van der Vossen - 2021 - Legal Theory 27 (3):236-251.
    John Rawls wrote that people can voluntarily acquire political obligations to institutions only on the condition that those institutions are at least reasonably just. When an institution is seriously unjust, by contrast, attempts to create political obligation are “void ab initio.” However, Rawls's own explanation for this thought was deeply problematic, as are the standard alternatives. In this paper, I offer an argument for why Rawls's intuition was right and trace its implications for theories of authority and political obligation. These, (...)
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  6. Bentham as a Theorist of the Rule of Law and His Idea of Universal Interest.Michihiro Kaino - 2022 - Ratio Juris 35 (1):55-70.
    Ratio Juris, Volume 35, Issue 1, Page 55-70, March 2022.
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  7. Utility, Predictability, and Rights: Bentham’s Utilitarianism and Constitutional Entitlements.Francesco Ferraro - 2022 - Ratio Juris 35 (1):38-54.
    Ratio Juris, Volume 35, Issue 1, Page 38-54, March 2022.
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  8. Lazar on “Moral Sunk Costs” and the “Discount View”.Uwe Steinhoff - 2022 - Ratio Juris 35 (1):21-29.
    Ratio Juris, Volume 35, Issue 1, Page 21-29, March 2022.
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  9. The Limits of the Law.Gianfrancesco Zanetti - 2022 - Wiley: Ratio Juris 35 (1):30-37.
    Ratio Juris, Volume 35, Issue 1, Page 30-37, March 2022.
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  10. Kletzer’s Direttissima.N. E. Simmonds - 2022 - American Journal of Jurisprudence 66 (2):339-353.
    Kletzer believes that, by focusing upon permission, we can derive the law’s obligatory power from the idea that the world is normatively inert. In a normatively inert world, everything is permitted. Consequently, if the law operates by permitting the use of force, it requires no deep normative underpinning: it could even invoke moral nihilism as its basis. Although ingenious, this argument faces two formidable problems. Firstly, in a normatively inert world, permissions can have causal effects but no normative effects. And (...)
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  11. Law and the Limits of Sovereign Power.Maris Köpcke - 2021 - American Journal of Jurisprudence 66 (1):115-128.
    : Barber’s recent book The Principles of Constitutionalism argues that state sovereignty is not subject to legal limits, from either domestic or supranational law. It further suggests that state sovereignty is not subject to moral limits either. This paper argues that this is an unsound view of state sovereignty and that Barber’s work contains valuable resources for developing an alternative, sounder view. A sound account of state sovereignty will consider the legitimate scope of a state’s authority, over and above the (...)
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  12. The State and Its People.Richard Ekins - 2021 - American Journal of Jurisprudence 66 (1):49-67.
    This article considers the relationship between the state and its people, reflecting on Nick Barber’s principles of constitutionalism. The joint intention of the people is central to the social reality of the good state, which is an institutionally ordered people. Other forms of political order, including empire, are possible, but there is good reason for a people to form a state and to exercise political agency. While under some conditions non-democratic rule is legitimate, there is good reason for authority to (...)
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  13. Between Constituent Power and Constituent Authority.George Duke & Elisa Arcioni - 2022 - Oxford Journal of Legal Studies 42 (1):345-365.
    This review article offers a critical appraisal of Joel Colón-Ríos’s Constituent Power and the Law. It argues that while Colón-Ríos’s book is undoubtedly a major advance in scholarship on constituent power, it leaves the reader wanting more illumination in its treatment of the relationship between the descriptive and the normative dimensions of the concept.
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  14. What Price Are We Willing to Pay for the Dream of Equal Justice?†.Andrew Higgins - 2022 - Oxford Journal of Legal Studies 42 (1):325-344.
    The injustices wrought by unequal access to the legal system pose a direct threat to the rule of law, yet such injustices are widespread in England and elsewhere. Lawyers regularly criticise governments for a lack of funding for the legal system, but the private market for delivering legal services receives much less scrutiny. A private market for legal resources is antithetical to equal justice because it makes the outcome of cases turn on arbitrary factors such as wealth. The solution, according (...)
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  15. Proportionality as Procedure: Strengthening the Legitimate Authority of the UN Committee on Economic, Social and Cultural Rights.Antoinette Scherz & Alain Zysset - 2021 - Global Constitutionalism 10 (3):524-546.
    The Committee on Economic, Social and Cultural Rights (CESCR) has a new mechanism to receive individual complaints and issue views, which makes the question of how the Committee should interpret the broad articles of the International Covenant on Economic, Social and Cultural Rights more pressing than ever. Most commentators on the legitimacy of the CESCR’s interpretation have argued that interpreters should make better use of Articles 31–33 of the Vienna Convention on the Law of Treaties (VCLT) in order to improve (...)
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  16. Review of Blake, Michael. Justice, Migration, and Mercy. [REVIEW]Matthew Lister - 2021 - Ethics 131 (3):600-605.
    The following is an unedited/copy edited version of a review to appear in Ethics. if citation is desired, please cite to the published version when it appears (April 2021). -/- For several years Michael Blake has been among the most important contributors to the philosophical literature on immigration. This book is therefore greatly anticipated, and develops a number of fruitful arguments. Although I will argue that the account is unsuccessful or incomplete at key points, it’s clearly an important work of (...)
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  17. Protecting Democracy by Commingling Polities: The Case for Accepting Foreign Influence and Interference in Democratic Processes.Duncan MacIntosh - 2021 - In Duncan B. Hollis & Jens David Ohlin (eds.), Defending Democracies: Combating Foreign Election Interference in a Digital Age. Oxford University Press. pp. 93-114.
    This chapter criticizes several methods of responding to the techniques foreign powers are widely acknowledged to be using to subvert U.S. elections. It suggests that countries do this when they have a legitimate stake in each other’s political deliberations, but no formal voice in them. It also suggests that if they accord each other such a voice, they will engage as co-deliberators with arguments, rather than trying to undermine each other’s deliberative processes; and that this will be salutary for all (...)
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  18. In defense of exclusionary reasons.N. P. Adams - 2021 - Philosophical Studies 178 (1):235-253.
    Exclusionary defeat is Joseph Raz’s proposal for understanding the more complex, layered structure of practical reasoning. Exclusionary reasons are widely appealed to in legal theory and consistently arise in many other areas of philosophy. They have also been subject to a variety of challenges. I propose a new account of exclusionary reasons based on their justificatory role, rejecting Raz’s motivational account and especially contrasting exclusion with undercutting defeat. I explain the appeal and coherence of exclusionary reasons by appeal to commonsense (...)
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  19. Tying Legitimacy to Political Power: Graded Legitimacy Standards for International Institutions.Antoinette Scherz - 2019 - European Journal of Political Theory.
  20. What Makes Law Coercive When It is Coercive.Lucas Miotto - 2021 - Archiv Fuer Rechts Und Sozialphilosphie 107 (2):235-250.
    Most legal and political philosophers agree that typical legal systems are coercive. But there is no extant account of what typically makes typical legal systems coercive when they are coercive. This paper presents such an account and compares it with four alternative views. Towards the end I discuss the proposed account’s payoffs. Among other things, I show how it can help us explain what I call ‘comparative judgements’ about coercive legal systems (judgements such as ‘Legal system a is more coercive (...)
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  21. Nation, Nationality, and National Identity: Uses, Misuses, and the Hungarian Case of External Ethnic Citizenship.Zsolt Körtvélyesi - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (3):771-798.
    The article looks at the changing terrain of inclusion and exclusion, through mapping the shifts in Hungarian citizenship law and its political context. More specifically, it deals with the legal aspects of the definitional exercise of belonging to the Hungarian nation, starting with an analysis of the relevant provisions of the 2011 Fundamental Law of Hungary and moving on to assess the phenomenon of external ethnic citizenship. The surrounding political and legal debates are read together with insights from normative scholarship (...)
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  22. Against Philosophical Anarchism.Fabian Wendt - 2020 - Law and Philosophy 39 (5):527-544.
    Philosophical anarchists claim that all states lack political authority and are illegitimate, but that some states are nevertheless morally justified and should not be abolished. I argue that philosophical anarchism is either incoherent or collapses into either statism or political anarchism.
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  23. Representing Agency: An Introduction.Katrin Trüstedt - 2020 - Law and Literature 32 (2):195–206.
    This introduction examines the main premises and terms of the special issue: person, agency, and representation. It argues that representation and agency stand in an internal relation: There is no agent without its personification and no agency without its possible vicarious representation. Yet, personification and representation enable agency only by at the same time complicating the integrity, authority, and presence of the agent. The introduction elucidates the inherent and conflictual relation of representation and agency by means of three early modern (...)
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  24. Totemism of the Modern State: On Hans Kelsen’s Attempt to Unmask Legal and Political Fictions and Contain Political Theology.Arkadiusz Górnisiewicz - 2020 - Ratio Juris 33 (1):49-65.
  25. Zhe Liu (2019): The Case You’re Working on is About Others’ Life. Le Cheng & Xitao Hu - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (1):245-249.
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  26. A Discourse on Recourse: Crime and Punishment.Brian Smithberger - unknown
    Crime takes its toll on any community. Crime does not always make a criminal. Therefore, punishment, once served, should be adequate for reconciliation and not deprive a person of life, liberty, and a remunerable career. Taking an honest look at the system is taking an even more honest look at the self and how it treats other people.
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  27. Prawa człowieka jako warunek możliwości wolności moralnej. Próba ontologicznej analizy wolności politycznej.Alicja Pietras - 2019 - Kultura I Wartości 28 (2019):131-164.
    The aim of the paper is an attempt at ontological analysis of the concept of political freedom (liberty) using the recognition and understanding of the concept of freedom (moral and political, negative and positive) in the history of philosophy. I refer, among others, to three known concepts: (1) Isaiah Berlin's distinction between positive and negative liberty, (2) Hannah Arendt historical analysis related to the distinction between political freedom and freedom of the will (moral freedom), and (3) Nicolai Hartmann's interpretation, criticism, (...)
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  28. Straffens filosofi.Kristoffer Balslev Willert - 2019 - Turbulens 1 (1):1.
  29. Das Band der Gesellschaft.Katerina Mihaylova, Daniela Ringkamp & Simon Bunke (eds.) - 2015 - Tübingen, Deutschland: Mohr Siebeck.
    The articles contained in this collection look at the displacements, upheavals and dislocations in the traditional definition of obligation as experienced in the 18th and early 19th centuries from the perspective of the humanities and cultural studies. The works in this volume not only focus on Kantian moral philosophy, as the pinnacle of a specific modern development, but also examine the diverse other concepts of obligation and how they were formulated through literature, aesthetics, politics and pedagogy.
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  30. Vernunft Und Verbindlichkeit. Moralische Wahrheit in Dem Natur- Und Völkerrecht der Deutschen Aufklärung.Katerina Mihaylova - 2015 - In Simon Bunke, Katerina Mihaylova & Daniela Ringkamp (eds.), Das Band der Gesellschaft. Tübingen, Deutschland: pp. 59-78.
  31. Soldiers as Public Officials: A Moral Justification for Combatant Immunity.Malcolm Thorburn - 2019 - Ratio Juris 32 (4):395-414.
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  32. Choosing Axioms of Correlativity.Andrew Halpin - 2019 - American Journal of Jurisprudence 64 (2):225-258.
    This article explores an axiomatic approach to distinguishing different usages of correlativity and investigates Hurd and Moore’s disagreement with Hohfeldian correlativity, in terms of a choice of axioms. Detailed critical consideration is provided of three negative steps, ascribing theoretical positions to Hohfeld that Hurd and Moore wish to amend or depart from; and three positive steps taken towards vindicating their stated objectives of avoiding moral combat and providing recognition to active rights. The conclusion is reached that the actual state of (...)
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  33. Replying to Halpin and Kramer: Agreements, Disagreements and No-Agreements.Heidi M. Hurd & Michael S. Moore - 2019 - American Journal of Jurisprudence 64 (2):259-274.
    The article considers in detail one criticism of an earlier paper of ours advanced by both Matthew Kramer and Andrew Halpin. This is the criticism that the content of deontic statuses does not shift but is identical in truly correlatively-related deontic statuses. We argue that the content does shift in both our scheme and in Hohfeld's scheme for the logic of rights, and that such shifts are both good things and consistent with correlativity, properly understood. Miscellaneous other criticisms are also (...)
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  34. Metafísica para Juristas.Samuele Chilovi - 2022 - In D. Lagier & G. Lariguet (eds.), Filosofía. Una Introducción para Juristas. Madrid: Trotta.
  35. Theory of Sovereignty and the Body Politic in Modern and Contemporary Political Thought.Valerio Fabbrizi - 2018 - Philosophica Critica 4 (1):3-19.
    The purpose of this article is to investigate one of the most interesting and debated issues within the philosophical dis-cussion about politics: the metaphor of the body politic and its relation with the theory of sovereignty in contemporary political theory. After an opening section, which proposes a brief sketch about the origin of the body politic within phi-losophy (especially in Plato’s and Aristotle’s contributions), the article provides a theoretical insight of such a theory, by dealing with three of its definitions: (...)
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  36. The Public Power of Judgement: Reasonableness Versus Rationality—Setting the Ball Rolling.Karolina M. Cern, José Manuel Aroso Linhares & Bartosz Wojciechowski - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (1):3-15.
    The chief concern of the paper is to initiate discussion on the difference between the private and public power of judgement. The inspiration comes from Kant and his conception of the power of judgement, customs, morality and provisional law.
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  37. How Reflective and Critical Norm-Usage Paves the Way to the Public Power of Judgement.Karolina M. Cern - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (1):175-188.
    The purpose of this paper is to demonstrate that Neil MacCormick’s conception of norm-usage makes it necessary to address the concept of the public power of judgement as the key concept for understanding the democratic legitimization of current law. Therefore, firstly I analyse MacCormick’s conception of norm-usage, secondly I demonstrate that it leads to the idea of the institutionalisation of judgemental–interpretative practice, and thirdly, I show that the latter paves the way to the public power of judgement. Finally, I argue (...)
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  38. Virtue Ethics, Criminal Responsibility, and Dominic Ongwen.Renée Nicole Souris - 2019 - International Criminal Law Review 19 (3).
    In this article, I contribute to the debate between two philosophical traditions—the Kantian and the Aristotelian—on the requirements of criminal responsibility and the grounds for excuse by taking this debate to a new context: international criminal law. After laying out broadly Kantian and Aristotelian conceptions of criminal responsibility, I defend a quasi-Aristotelian conception, which affords a central role to moral development, and especially to the development of moral perception, for international criminal law. I show than an implication of this view (...)
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  39. Is the ‘Hate’ in Hate Speech the ‘Hate’ in Hate Crime? Waldron and Dworkin on Political Legitimacy.Rebecca Ruth Gould - 2019 - Jurisprudence 10 (2):171-187.
    Among the most persuasive arguments against hate speech bans was made by Ronald Dworkin, who warned of the threat to political legitimacy posed by laws that deny those subject to them adequ...
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  40. Legal Facts and Reasons for Action: Between Deflationary and Robust Conceptions of Law’s Reason-Giving Capacity.Noam Gur - 2019 - In Frederick Schauer, Christoph Bezemek & Nicoletta Bersier Ladavac (eds.), The Normative Force of the Factual: Legal Philosophy Between is and Ought. Springer Verlag. pp. 151-170.
    This chapter considers whether legal requirements can constitute reasons for action independently of the merits of the requirement at hand. While jurisprudential opinion on this question is far from uniform, sceptical views are becoming increasingly dominant. Such views typically contend that, while the law can be indicative of pre-existing reasons, or can trigger pre-existing reasons into operation, it cannot constitute new reasons. This chapter offers support to a somewhat less sceptical position, according to which the fact that a legal requirement (...)
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  41. The Constitution of Authority. [REVIEW]Michael Sevel - 2014 - Jurisprudence 5 (2):430-441.
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  42. On the Ground and Content of Our Obligations to Future Generations: A Review of Alex Gosseries and Luke H Meyer (Eds), Intergenerational Justice by Sylvie Loriaux. [REVIEW]Sylvie Loriaux - 2012 - Jurisprudence 3 (1):263-266.
  43. An Acquittal for Epistemicism.Hesam Mohamadi - 2018 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 31 (4):905-928.
    Scott Soames argues that consideration of the practice of legal judgement gives us good reason to favor the partial-definition/context-sensitive theory of vagueness against epistemicism. Despite the fact that the value of power-delegation through vagueness is evidenced in practice, Soames says, epistemicism cannot account for it theoretically, while the partial-definition/context-sensitive theory is capable of it. In this paper, I examine the two possible arguments against epistemicism that can be extracted from Soames’s account: (i) an argument based on unknown obligations, and (ii) (...)
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  44. El filósofo, el legislador, y el sistema.A. Rábanos Julieta - 2017 - Revus. Journal for Constitutional Theory and Philosophy of Law / Revija Za Ustavno Teorijo in Filozofijo Prava 1.
    El objetivo del presente trabajo es sugerir que las cuestiones centrales relacionadas con el legislador no fueron abordadas en profundidad por Bulygin en el marco de su prolífica obra, conduciendo así a algunas inconsistencias internas en su pensamiento. Me propongo sugerir, específicamente, que: i) el ideal de sistema jurídico que sostiene en Normative Systems parece estar basado en el ideal del legislador racional; ii) el análisis de las lagunas normativas para Bulygin es dependiente de la existencia de un recorte en (...)
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  45. Morality Under Risk.Chad Lee-Stronach - 2019 - Dissertation,
    Many argue that absolutist moral theories -- those that prohibit particular kinds of actions or trade-offs under all circumstances -- cannot adequately account for the permissibility of risky actions. In this dissertation, I defend various versions of absolutism against this critique, using overlooked resources from formal decision theory. Against the prevailing view, I argue that almost all absolutist moral theories can give systematic and plausible verdicts about what to do in risky cases. In doing so, I show that critics have (...)
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  46. Justifying Resistance to Immigration Law: The Case of Mere Noncompliance.Caleb Yong - 2018 - Canadian Journal of Law and Jurisprudence 2 (31):459-481.
    Constitutional democracies unilaterally enact the laws that regulate immigration to their territories. When are would-be migrants to a constitutional democracy morally justified in breaching such laws? Receiving states also typically enact laws that require their existing citizens to participate in the implementation of immigration restrictions. When are the individual citizens of a constitutional democracy morally justified in breaching such laws? In this article, I take up these questions concerning the justifiability of noncompliance with immigration law, focusing on the case of (...)
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  47. Book ReviewsChristopher Heath Wellman,, and A. John Simmons,. Is There a Duty to Obey the Law? Cambridge: Cambridge University Press, 2005. Pp. 200. $50.00 ; $18.99. [REVIEW]Richard Dagger - 2007 - Ethics 118 (1):184-188.
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  48. Book ReviewsWilliam A., Ed. Edmundson, The Duty to Obey the Law: Selected Philosophical Readings. Lanham, Md.: Rowman & Littlefield, 1999. Pp. X+352. $74.95 ; $23.95. [REVIEW]Christopher Roberson - 2002 - Ethics 112 (3):614-616.
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  49. What Does ‘Legal Obligation’ Mean?Daniel Wodak - 2018 - Pacific Philosophical Quarterly 99 (4):790-816.
    What do normative terms like “obligation” mean in legal contexts? On one view, which H.L.A. Hart may have endorsed, “obligation” is ambiguous in moral and legal contexts. On another, which is dominant in jurisprudence, “obligation” has a distinctively moralized meaning in legal contexts. On a third view, which is often endorsed in philosophy of language, “obligation” has a generic meaning in moral and legal con- texts. After making the nature of and disagreements between these views precise, I show how linguistic (...)
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  50. Obligation and Impersonality: Wittgenstein and the Nature of the Social.Albert Ogien - 2016 - Philosophy of the Social Sciences 46 (6):604-623.
    Although sociologists conceive obligation as an objective force that compels individuals to act and think according to pre-defined norms of conduct and ways of reasoning, philosophers view it as an imperative that is met through the agent’s deliberation. The aim of this article is to undermine the standard dichotomy between the deterministically sociological and the moral–philosophical views of obligation by way of contending that Wittgenstein’s view on blind obedience bears a conception of the social. I will then argue that Wittgenstein’s (...)
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