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  1. A Dialogue Between a Philosopher and a Student of Law of the Common Laws of England. [REVIEW]S. C. A. - 1971 - Review of Metaphysics 25 (2):354-354.
  2. On Collective Actions. Some Remarks on the Theory of Legal Actions.Aulis Aarnio - 1998 - Ratio Juris 11 (1):1-11.
    In this paper the author deals with collegial judicial decisions as a form of human action. The scope is, however, limited to three questions: What is the structure and the status of the general theory of action; Is this theory applicable to such performative acts as judicial decisions; and finally, Is it possible to speak about action in connection with collective agents such as collegial courts? The author defends the thesis that general theory of action as such is applicable to (...)
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  3. On the Legitimacy of Law: A Conceptual Point of View.Aulis Aarnio - 1989 - Ratio Juris 2 (2):202-210.
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  4. Cost-Benefit Analysis: Legal, Economic, and Philosophical Perspectives.Matthew D. Adler & Eric A. Posner (eds.) - 2001 - University of Chicago Press.
    Cost-benefit analysis is a widely used governmental evaluation tool, though academics remain skeptical. This volume gathers prominent contributors from law, economics, and philosophy for discussion of cost-benefit analysis, specifically its moral foundations, applications and limitations. This new scholarly debate includes not only economists, but also contributors from philosophy, cognitive psychology, legal studies, and public policy who can further illuminate the justification and moral implications of this method and specify alternative measures. These articles originally appeared in the Journal of Legal Studies. (...)
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  5. Legal Objectivity and the Illusion of Legal Principles.Larry Alexander - 2012 - In Matthias Klatt (ed.), Institutionalized Reason: The Jurisprudence of Robert Alexy. Oxford University Press.
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  6. Affirmative Duties and the Limits of Self-Sacrifice.Larry Alexander - 1996 - Law and Philosophy 15 (1):65 - 74.
    American criminal law reflects the absence of any general duty of Good Samaritanism. Nonetheless, there are some circumstances in which it imposes affirmative duties to aid others. In those circumstances, however, the duty to aid is canceled whenever aiding subjects the actor to a certain level of risk or sacrifice, a level that can be less than the risk or sacrifice faced by the beneficiary if not aided. In this article, I demonstrate that this approach to limiting affirmative duties to (...)
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  7. A Decade of Debate : Discourse Theory Versus Political Liberalism.Leite Araujo & B. Luiz - 2007 - In José Rubio Carrecedo (ed.), Political Philosophy: New Proposals for New Questions: Proceedings of the 22nd Ivr World Congress, Granada 2005, Volume Ii = Filosofía Política: Nuevas Propuestas Para Nuevas Cuestiones. Franz Steiner Verlag.
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  8. Soviet Legal Philosophy.Hugh Webster Babb (ed.) - 1951 - Cambridge: Harvard University Press.
    The state, by V.I. Lenin.--The revolutionary part played by law and the state; a general doctrine of law, by P.I. Stuchka.--The theory of Petrazhitskii: Marxism and social ideology. Law, our law, foreign law, general law, by M.A. Reisner.--The general theory of law and Marxism, by E.B. Pashukanis.--The right deviation in the Communist Party of Bolsheviks. Political report of the Central (Party) Committee to the XVI Congress, 1930, by J.V. Stalin.-- The Soviet state and the revolution in law, by E.B. Pashukanis.--Socialism (...)
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  9. On State, Identity and Rights: Putting Identity First.Jovan Babić - 2012 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (2):197-209.
    The paper considers the nature of the state understood as the political unity articulated on the basis of a collective identity which provides the state with its capacity to make decisions. The foremost decision of the state to protect and defend this identity is the source of its authority to enforce laws. Collective identity thus represents an object of special interest, unlike both “political” interests (Millian other-regarding acts) and private interests (Millian self-regarding acts). The validation of laws through this special (...)
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  10. Hegelova Filozofija Prava: Država I Religija U Hegelovoj Filozofiji Prava.Mile Babić - 2010 - Hrvatsko Filozofsko Društvo.
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  11. The Justification of Governmental Authority.Kurt Baier - 1972 - Journal of Philosophy 69 (20):700.
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  12. The Institution of Law.Zenon Bankowski - 1991 - Ratio Juris 4 (1):79-85.
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  13. Must Legalistic Conceptions of the Rule of Law Have a Social Dimension?N. W. Barber - 2004 - Ratio Juris 17 (4):474-488.
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  14. Freedom, Law and Authority: Norman Barry.Norman Barry - 1988 - Royal Institute of Philosophy Supplement 24:191-223.
    Despite the emphasis on the state in the history of political philosophy, the twentieth century has been characterized by a remarkable lack of philosophical reflection on the concept. Until recently analytical philosophy had eschewed those evaluative arguments about political obligation and the limits of state authority that were typical of political theory in the past in favour of the explication of the meaning of the concept. However, even here the results have been disappointing. Logical Positivist attempts to locate some unique (...)
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  15. Equality and Obedience to Law.Monroe C. Beardsley - 1964 - In Sidney Hook (ed.), Law and Philosophy. New York University Press.
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  16. The Subjects of Collectively Binding Decisions: Democratic Inclusion and Extraterritorial Law.Ludvig Beckman - 2014 - Ratio Juris 27 (2):252-270.
    Citizenship and residency are basic conditions for political inclusion in a democracy. However, if democracy is premised on the inclusion of everyone subject to collectively binding decisions, the relevance of either citizenship or residency for recognition as a member of the polity is uncertain. The aim of this paper is to specify the conditions for being subject to collective decisions in the sense relevant to democratic theory. Three conceptions of what it means to be subject to collectively binding decisions are (...)
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  17. Expressive Exclusion: A Defense.Sonu Bedi - 2010 - Journal of Moral Philosophy 7 (4):427-440.
    Central to the freedom of association is the freedom to exclude. In fact, American constitutional law permits associations to discriminate on otherwise prohibited grounds, a principle of expressive discrimination or what I call "expressive exclusion." However, we lack a complete normative defense of it. Too often, expressive exclusion is justifi ed as a simple case of religious accommodation, or a simple case of freedom of association or speech—justifi cations that are defi cient. I argue that expressive exclusion is essential in (...)
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  18. Explaining Compensatory Duties.Matthew S. Bedke - 2010 - Legal Theory 16 (2):91-110.
    In some cases, harming another gives rise to a duty to compensate for harm done. This paper argues that the influential explanations of such duties of compensation—that they are somehow derived from rights intrusions, or breaches of duties not to harm—fail. I offer and defend an alternative explanation for why certain harms and not others give rise to compensatory duties, an explanation that seeks to derive them from wide-scope duties not to harm or to compensate for harm done.
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  19. The Concept of Law and the Obligation to Obey.R. Beehler - 1978 - American Journal of Jurisprudence 23 (1):120-142.
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  20. Legal Oughts, Normative Transmission, and the Nazi Use of Analogy.Carolyn Benson & Julian Fink - 2012 - Jurisprudence: An International Journal of Legal and Political Thought 3 (2):445-463.
    In 1935, the Nazi government introduced what came to be known as the abrogation of the pro- hibition of analogy. This measure, a feature of the new penal law, required judges to stray from the letter of the written law and to consider instead whether an action was worthy of pun- ishment according to the ‘sound perception of the people’ and the ‘underlying principle’ of existing criminal statutes. In discussions of Nazi law, an almost unanimous conclusion is that a system (...)
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  21. 'Law and Order' and Civil Disobedience.Fred R. Berger - 1970 - Inquiry : An Interdisciplinary Journal of Philosophy 13 (1-4):254 – 273.
    Law and order ranks high among the values the State is thought to achieve. Civil disobedience is often condemned because it is held to threaten law and order. Several senses of 'order' are distinguished, which make clear why 'law' and 'order' are so often linked. It is then argued that the connection cannot always be made since the legal system may itself create disorder. Civil disobedience may contribute to greater order and a more stable legal system by helping to remove (...)
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  22. Virtue Ethics, Politics, and the Function of Laws: The Parent Analogy in Plato's Menexenus.Sandrine Berges - 2007 - Dialogue 46 (2):211-230.
    Can virtue ethics say anything worthwhile about laws? What would a virtue-ethical account of good laws look like? I argue that a plausible answer to that question can be found in Plato’s parent analogies in the Crito and the Menexenus. I go on to show that the Menexenus gives us a philosophical argument to the effect that laws are just only if they enable citizens to flourish. I then argue that the resulting virtue-ethical account ofjust laws is not viciously paternalistic. (...)
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  23. Climate Change and Justice: A Non-Welfarist Treaty Negotiation Framework.Alyssa R. Bernstein - 2015 - Ethics, Policy and Environment 18 (2):123-145.
    Obstacles to achieving a global climate treaty include disagreements about questions of justice raised by the UNFCCC's principle that countries should respond to climate change by taking cooperative action "in accordance with their common but differentiated responsibilities and respective capabilities and their social and economic conditions". Aiming to circumvent such disagreements, Climate Change Justice authors Eric Posner and David Weisbach argue against shaping treaty proposals according to requirements of either distributive or corrective justice. The USA's climate envoy, Todd Stern, takes (...)
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  24. Civil Obligation in Bonaventure and Late Twentieth-Century Anarchists.Berry Gray Christopher - 2011 - American Catholic Philosophical Quarterly 85 (1):203-212.
    The apparent similarities concerning the removal of a natural obligation to obey the law by Bonaventure of Bagnoregio, and recent theorists Green, Raz, and Simmons, are found to be distinctions rather than similarities.
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  25. Raz, Authority, and Conceptual Analysis.B. H. Bix - 2005 - American Journal of Jurisprudence 50 (1):311-316.
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  26. Reliance and Obligation.Oliver Black - 2004 - Ratio Juris 17 (3):269-284.
    The fact that A has relied on B to do something is often taken to be a relevant factor in judging that B has a moral or legal obligation to do that thing. This paper investigates the relation between reliance and obligation. Specifically, the question is whether reliance and moral obligation are connected by some relation of conditionality. I consider four such relations - necessary condition, sufficient condition, necessary part of a sufficient condition, and independent necessary part of a sufficient (...)
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  27. Utility and the Obligation to Obey the Law.Richard C. Brandt - 1964 - In Sidney Hook (ed.), Law and Philosophy. New York University Press.
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  28. Justifying Compensation for Frustrated Legitimate Expectations.Alexander Brown - 2011 - Law and Philosophy 30 (6):699-728.
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  29. Civil Disobedience.Kimberley Brownlee - 2007 - Stanford Encyclopedia of Philosophy.
  30. Outline of a Theory of Law's Normativity.Bartosz Brożek - 2011 - In Jerzy Stelmach & Bartosz Brożek (eds.), The Normativity of Law. Copernicus Center Press.
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  31. Prawo a Władza Polityczna.Tadeusz Buksiński - 2000 - Uniwersytet Im. Adama Mickiewicza W Poznaniu, Wydawn. Naukowe Instytutu Filozofii.
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  32. The Nature of Institutional Obligation.J. R. Cameron - 1972 - Philosophical Quarterly 22 (89):318-332.
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  33. The Authority of Law in the Circumstances of Politics.Mark Capustin - 2007 - Canadian Journal of Law and Jurisprudence 20 (2):297-322.
    Joseph Raz’s influential account of authority holds that authority is normally justified by the authority’s ability to issue directives that, if followed, would increase a norm subject’s chances of conforming to the requirements of right reason. Jeremy Waldron raises a number of challenging and important questions about whether Raz’s account of authority can usefully illuminate our understanding of law’s authority in contemporary democracies, where laws are enacted by large, diverse legislatures in circumstances of disagreement. I examine a number of these (...)
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  34. Enforcing the Law and Being a State.Gary Chartier - 2012 - Law and Philosophy 31 (1):99-123.
    Many anarchists believe that a stateless society could and should feature laws. It might appear that, in so believing, they are caught in a contradiction. The anarchist objects to the state because its authority does not rest on actual consent, and using force to secure compliance with law in a stateless society seems objectionable for the same reason. Some people in a stateless society will have consented to some laws or law-generating mechanisms and some to others – while some will (...)
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  35. Law, Norms, and Authority.George C. Christie - 1982 - Duckworth.
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  36. Law and the State: Principles of Political Right.Stephen Cimbala - 1983 - Journal of Social Philosophy 14 (1):1-17.
  37. The Empty Idea of Authority.Laurence Claus - unknown
    The idea of authority is a fabrication. Claims of moral right to be obeyed owe their historic salience to the self-interest of claimants. When Enlightenment scholars demolished the divine right of kings, they should have disabused us of the right, not just of the notions that it came from the divine and belonged to kings. Their effort to salvage the idea of right to rule and to press it into serving as support for their favored governments was understandable but unjustified. (...)
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  38. Justification for a Doctrine of Strict Liability.Stephen Cohen - 1982 - Social Theory and Practice 8 (2):213-229.
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  39. Understanding Acts of Consent: Using Speech Act Theory to Help Resolve Moral Dilemmas and Legal Disputes.Monica R. Cowart - 2004 - Law and Philosophy 23 (5):495 - 525.
    Understanding what it means toconsent is of considerable importance sincesignificant moral issues depend on how this actis defined. For instance, determining whetherconsent has occurred is the deciding factor insexual assault cases; its proper occurrence isa necessary condition for federally fundedhuman subject research. Even though mosttheorists recognize the legal and moralimportance of consent, there is still littleagreement concerning how consent should bedefined, or whether different domains involvingconsent demand context-specific definitions.Understanding what it means to consent isfurther complicated by the fact that currentlegal (...)
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  40. Coercion and Obligation as Exercises of Authority.Steve Coyne - 2016 - Jurisprudence: An International Journal of Legal and Political Thought 7 (3):575-592.
    How do exercises of authority different from requests, threats and advice? It is common to answer this question by emphasising the role of obligation, or the role of justified coercion, to the exclusion of the other. Using a distinction between an office of authority and an exercise of authority, I develop a taxonomy of such views of authority and present arguments against each of them. In place of these views, I argue for a symmetrical view of obligation and coercion within (...)
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  41. Pragmatism, Internalism and the Authority of Claims.Dan D. Crawford - 1997 - Pacific Philosophical Quarterly 78 (1):63–77.
    This paper develops and defends an internalist account of having authority for one’s claim. It begins with Robert Brandom’s pragmatist account of thinking which locates the root notion of reasoning in a primitive language game of asking for and giving reasons. The idea is that the authority of a claim can be spelled out pragmatically in terms of the social practice of undertaking commitments and attributing entitlements. It is argued that this account fails to acknowledge the role of the subject’s (...)
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  42. Foundational Myths and Actual Challenges: What is Political Exclusion About?Mariano Croce - 2015 - Jurisprudence: An International Journal of Legal and Political Thought 6 (3):644-650.
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  43. Book Review:Socrates and Legal Obligation. R. E. Allen. [REVIEW]Joseph Cropsey - 1983 - Ethics 93 (3):623-.
  44. Allen, R. E., "Socrates and Legal Obligation". [REVIEW]Joseph Cropsey - 1982 - Ethics 93:623.
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  45. Levinasian Ethics and Legal Obligation.Jonathan Crowe - 2006 - Ratio Juris 19 (4):421-433.
    This paper discusses the implications of the ethical theory of Emmanuel Levinas for theoretical debates about legal obligation. I begin by examining the structure of moral reasoning in light of Levinas's account of ethics, looking particularly at the role of the third party (le tiers) in modifying Levinas's primary ethical structure of the face to face relation. I then argue that the primordial role of ethical experience in social discourse, as emphasised by Levinas, undermines theories, such as that of H. (...)
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  46. The Problem of Legitimacy in Mediation.Jonathan Crowe & Rachael Field - 2008 - Contemporary Issues in Law 9:48-60.
    Mediation is becoming more and more prominent as a mode of legal dispute resolution. The problem of legitimacy in mediation raises the question of why mediation is legitimate as a means of settling social disputes. This issue mirrors a long-running and deep-seated problem of legitimacy in law generally. We argue that the most promising strategy for justifying the normative force of law - namely, that law provides a mutually beneficial mechanism of social coordination - does not translate straightforwardly to the (...)
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  47. Legality and Legitimacy.Alexander P. D'Entrèves - 1963 - Review of Metaphysics 16 (4):687 - 702.
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  48. Christopher Heath Wellman and A. John Simmons, Is There a Duty to Obey the Law?:Is There a Duty to Obey the Law?Richard Dagger - 2007 - Ethics 118 (1):184-188.
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  49. The Difference Between Obedience Assumed and Obedience Accepted.Christian Dahlman - 2009 - Ratio Juris 22 (2):187-196.
    Abstract. The analysis of legal statements that are made from an "internal point of view" must distinguish statements where legal obedience is accepted from statements where legal obedience is only assumed. Statements that are based on accepted obedience supply reasons for action, but statements where obedience is merely assumed can never provide reasons for action. It is argued in this paper that John Searle neglects this distinction. Searle claims that a statement from the internal point of view provides the speaker (...)
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  50. Authority, Accountability, and Preemption.Stephen Darwall - 2011 - Jurisprudence: An International Journal of Legal and Political Thought 2 (1):103-119.
    Joseph Raz's 'normal justification thesis' is that the normal way of justifying someone's claim to authority over another person is that the latter would comply better with the reasons that apply to him anyway were he to treat the former's directives as authoritative. Darwall argues that this provides 'reasons of the wrong kind' for authority. He turns then to Raz's claim that the fact that treating someone as an authority would enable one to comply better with reasons that apply to (...)
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