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  1. Aulis Aarnio (1998). On Collective Actions. Some Remarks on the Theory of Legal Actions. 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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  2. Aulis Aarnio (1989). On the Legitimacy of Law: A Conceptual Point of View. Ratio Juris 2 (2):202-210.
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  3. Matthew D. Adler & Eric A. Posner (eds.) (2001). Cost-Benefit Analysis: Legal, Economic, and Philosophical Perspectives. 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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  4. Larry Alexander (2012). Legal Objectivity and the Illusion of Legal Principles. In Matthias Klatt (ed.), Institutionalized Reason: The Jurisprudence of Robert Alexy. Oxford University Press.
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  5. Larry Alexander (1996). Affirmative Duties and the Limits of Self-Sacrifice. 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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  6. Leite Araujo & B. Luiz (2007). A Decade of Debate : Discourse Theory Versus Political Liberalism. 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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  7. Hugh Webster Babb (ed.) (1951). Soviet Legal Philosophy. 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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  8. Mile Babić (2010). Hegelova Filozofija Prava: Država I Religija U Hegelovoj Filozofiji Prava. Hrvatsko Filozofsko Društvo.
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  9. Zenon Bankowski (1991). The Institution of Law. Ratio Juris 4 (1):79-85.
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  10. N. W. Barber (2004). Must Legalistic Conceptions of the Rule of Law Have a Social Dimension? Ratio Juris 17 (4):474-488.
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  11. Norman Barry (1988). Freedom, Law and Authority: Norman Barry. 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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  12. Sonu Bedi (2010). Expressive Exclusion: A Defense. 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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  13. Carolyn Benson & Julian Fink (2012). Legal Oughts, Normative Transmission, and the Nazi Use of Analogy. Jurisprudence 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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  14. Alyssa R. Bernstein (2015). Climate Change and Justice: A Non-Welfarist Treaty Negotiation Framework. 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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  15. Oliver Black (2004). Reliance and Obligation. Ratio Juris 17 (3):269-284.
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  16. Richard C. Brandt (1964). Utility and the Obligation to Obey the Law. In Sidney Hook (ed.), Law and Philosophy. New York University Press.
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  17. Tadeusz Buksiński (2000). Prawo a Władza Polityczna. Uniwersytet Im. Adama Mickiewicza W Poznaniu, Wydawn. Naukowe Instytutu Filozofii.
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  18. J. R. Cameron (1972). The Nature of Institutional Obligation. Philosophical Quarterly 22 (89):318-332.
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  19. George C. Christie (1982). Law, Norms, and Authority. Duckworth.
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  20. Stephen Cimbala (1983). Law and the State: Principles of Political Right. Journal of Social Philosophy 14 (1):1-17.
  21. Laurence Claus, The Empty Idea of Authority.
    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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  22. Steve Coyne (2016). Coercion and Obligation as Exercises of Authority. Jurisprudence 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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  23. Mariano Croce (2015). Foundational Myths and Actual Challenges: What is Political Exclusion About? Jurisprudence 6 (3):644-650.
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  24. Jonathan Crowe & Rachael Field (2008). The Problem of Legitimacy in Mediation. 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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  25. Richard Dagger (2007). Christopher Heath Wellman and A. John Simmons, Is There a Duty to Obey the Law?:Is There a Duty to Obey the Law? Ethics 118 (1):184-188.
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  26. Christian Dahlman (2009). The Difference Between Obedience Assumed and Obedience Accepted. 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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  27. J. F. Dashiell (1931). The Objective Character of Legal "Intent.". Psychological Review 38 (6):529-537.
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  28. Candice Delmas (2014). Political Resistance: A Matter of Fairness. Law and Philosophy 33 (4):465-488.
    In this paper, I argue that the principle of fairness can license both a duty of fair play, which is used to ground a moral duty to obey the law in just or nearly just societies, and a duty of resistance to unfair and unjust social schemes. The first part of the paper analyzes fairness’ demands on participants in mutually beneficial schemes of coordination, and its implications in the face of injustice. Not only fairness does not require complying with unfair (...)
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  29. Govert Den Hartogh (2013). The Political Obligation To Donate Organs. Ratio Juris 26 (3):378-403.
    The first question I discuss in this paper is whether we have a duty of rescue to make our organs available for transplantation after our death, a duty we owe to patients suffering from organ failure. The second question is whether political obligations, in particular the obligation to obey the law, can be derived from natural duties, possibly duties of beneficence. Such duties are normally seen as merely imperfect duties, not owed to anyone. The duty of rescue, however, is a (...)
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  30. George Duke (2013). Finnis on the Authority of Law and the Common Good. Legal Theory 19 (1):44-62.
    This paper seeks to elucidate the role played by the common good in John Finnis's arguments for a generic and presumptive moral obligation to obey the law.1 Finnis's appeal to the common good constitutes a direct challenge to liberal and philosophical anarchist denials of a generic and presumptive obligation to obey the law.2 It is questionable, however, whether Finnis has presented the strongest possible case for his position. In the first section I outline Finnis's account of the relationship between basic (...)
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  31. David Dyzenhaus (1994). The Legitimacy of Law: A Response to Critics. Ratio Juris 7 (1):80-94.
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  32. Christopher Essert (2013). Legal Obligation and Reasons. Legal Theory 19 (1):63-88.
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  33. I. C. Ezeonu (2007). Christopher Heath Wellman and A. John Simmons, Is There a Duty to Obey the Law? Philosophy in Review 27 (6):149.
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  34. D. M. Farrell (1978). II. Illegal Actions, Universal Maxims, and the Duty To Obey the Law: The Case for Civil Authority in the Crito. Political Theory 6 (2):173-189.
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  35. Daniel M. Farrell (1978). Illegal Actions, Universal Maxims, and the Duty to Obey the Law: The Case for Civil Authority in the Crito. Political Theory 6 (2):173-189.
  36. O. Filippini (2002). The Discipline of Authority: Authority of the Confessor and Legitimacy of Royal Power According to the Dominican Juan de Santo Tomas, Confessor of the Spanish King Philip IV (1643-1644). [REVIEW] Rivista di Filosofia Neo-Scolastica 94 (4):587-635.
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  37. Evan Fox-Decent (2011). Sovereignty's Promise: The State as Fiduciary. Oxford University Press.
    Arguing that the state and its people stand in a fiduciary relationship, Sovereignty's Promise puts forward a bold new account of political authority and its legal limits. In doing so it presents a fresh argument for common law constitutionalism and a novel theoretical framework for understanding the requirements of the rule of law.
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  38. Richard B. Friedman (1989). Oakeshott on the Authority of Law. Ratio Juris 2 (1):27-40.
  39. Harrison Frye & George Klosko (2017). Democratic Authority and Respect for the Law. Law and Philosophy 36 (1):1-23.
    In recent years, scholars have argued that democratic provenance of law establishes moral requirements to obey it. We argue against this view, claiming that, rather than establishing moral requirements to obey the law, democratic provenance grounds only requirements to respect it. Establishing what we view as this more plausible account makes clear not only exactly what democracy itself contributes to requirements to obey the law but also important difficulties proponents of democratic authority must overcome in order successfully to make their (...)
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  40. Stephen P. Garvey (2013). Was Ellen Wronged? Criminal Law and Philosophy 7 (2):185-216.
    Imagine a citizen (call her Ellen) engages in conduct the state says is a crime, for example, money laundering. Imagine too that the state of which Ellen is a citizen has decided to make money laundering a crime. Does the state wrong Ellen when it punishes her for money laundering? It depends on what you think about the authority of the criminal law. Most criminal law scholars would probably say that the criminal law as such has no authority. Whatever authority (...)
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  41. Marco Geuna (2015). Machiavelli and the Problem of Dictatorship. Ratio Juris 28 (2):226-241.
    Machiavelli is the first modern political thinker who pays great attention to the magistracy of dictatorship. “Dictatorial authority,” as he puts it, is fundamental to the survival and prosperity of republics: It is the magistracy, the “ordinary mode,” to which they turn to deal with “extraordinary accidents,” political and military emergencies. Machiavelli's gaze is cast both on the Ancient and the Modern world: Although he concentrates on the Roman magistracy, he also pays attention to magistracies of the modern world that (...)
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  42. Robert Ginsberg (1970). Countertheses: On Law and Disorder: The Place of Political Philosophy in Politics. World Futures 8 (3):29-53.
  43. Mark Godfrey (ed.) (2016). Law and Authority in British Legal History, 1200–1900. Cambridge University Press.
    By presenting original research into British legal history, this volume emphasises the historical shaping of the law by ideas of authority. The essays offer perspectives upon the way that ideas of authority underpinned the conceptualisation and interpretation of legal sources over time and became embedded in legal institutions. The contributors explore the basis of the authority of particular sources of law, such as legislation or court judgments, and highlight how this was affected by shifting ideas relating to concepts of sovereignty, (...)
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  44. Mariusz J. Golecki (2011). A Game-Theoretic Solution to the Problem of Reciprocity and Fairness in Contracts. In Jerzy Stelmach & Wojciech Załuski (eds.), Game Theory and the Law. Copernicus Center Press.
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  45. J. Grant (2015). The Scales of Authority. American Journal of Jurisprudence 60 (1):79-104.
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  46. Noam Gur (2013). Actions, Attitudes, and the Obligation to Obey the Law. Journal of Political Philosophy 21 (3):326-346.
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  47. Garrett Hardin (1966). The Ghost of Authority. Perspectives in Biology and Medicine 9 (2):289-297.
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  48. Ross Harrison (2007). The Moral is : States Make Laws. In Michael D. A. Freeman & Ross Harrison (eds.), Law and Philosophy. Oxford University Press.
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  49. John Hasnas (2014). Is There a Moral Duty to Obey the Law? Social Philosophy and Policy 30 (1-2):450-479.
    This essay argues that there can be a duty to obey the law when it is produced by the evolutionary forces at work in the customary and common law. Human beings' inherent epistemic limitations mean that they must rely on the trial and error learning built into the common law process to discover rules that facilitate peaceful social interaction. Hence, a duty to obey the law produced by the common law process can arise from individuals' natural duty to promote social (...)
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  50. Anne Héritier Lachat & Laurent Hirsch (eds.) (2004). De Lege Ferenda: Réflexions Sur le Droit Désirable En l'Honneur du Professeur Alain Hirsch. Editions Slatkine.
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