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  1. The Concept of Law.A. R. A. - 1962 - Review of Metaphysics 15 (3):525-525.
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  2. Extraordinary Measures: Protesting Rule of Law Violations After Bush V. Gore.Kathryn Abrams - 2002 - Law and Philosophy 21 (2):165-195.
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  3. Matthew H. Kramer, Critical Legal Theory and the Challenge of Feminism: A Philosophical Reconception Reviewed By.Annalise Acorn - 1995 - Philosophy in Review 15 (4):259-262.
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  4. Die Radbruchsche Formel: Eine Untersuchung der Rechtsphilosophie Gustav Radbruchs.Hidehiko Adachi - 2005 - Baden-Badennomos.
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  5. Nature of Law: Methods and Aim of Legal Education.Brooks Adams, In Centralization & Brown Little - 1938 - In Jerome Hall (ed.), Readings in Jurisprudence. Gaunt. pp. 320.
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  6. Some Remarks on Carnelutti's System of Jurisprudence.John Clarke Adams - 1939 - Ethics 50 (1):84-95.
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  7. The Limits of Law.Antony N. Allott - 1980 - Butterworth.
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  8. Strategic Coordination and the Law.Nicholas Almendares & Dimitri Landa - 2007 - Law and Philosophy 26 (5):501-529.
    We re-examine the relationship between coordination, legal sanctions, and free-riding in light of the recent controversy regarding the applicability of the coordination problem paradigm of law-making. We argue that legal sanctions can help solve coordination problems by eliminating socially suboptimal equilibrium outcomes. Once coordination has taken place, however, free-riding can not lead to the breakdown of coordination outcomes, even if sanctions may still be effective at increasing the equity of such outcomes. Finally, we argue that it is the choice of (...)
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  9. Social Norms, The Invisible Hand, and the Law.Jonny Anomaly & Geoffrey Brennan - 2014 - University of Queensland Law Journal 33 (2).
  10. The Austinian Theory of Law: Being an Edition of Lectures I, V, and Vi of Austin's "Jurisprudence," and of Austin's "Essay on the Uses of the Study of Jurisprudence" with Critical Notes and Excursus.John Austin - 1906 - F.B. Rothman.
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  11. Lectures on Jurisprudence, or, the Philosophy of Positive Law.John Austin - 1885 - Lawbook Exchange.
  12. The Harm Principle Vs. Kantian Criteria for Ensuring Fair, Principled and Just Criminalisation.Dennis J. Baker - 2008 - Australian Journal of Legal Philosophy 33 (66):66-99.
    In this paper, I consider Ripstein and Dan-Cohen's critiques of the 'harm principle'. Ripstein and Dan-Cohen have asserted that the harm principle should be jettisoned, because it allegedly fails to provide a rationale for criminalising certain harmless wrongs that ought to be criminalised. They argue that Kant's second formulation of the categorical imperative and his concept of 'external freedom' are better equipped for ensuring that criminalisation decisions meet the requirements of fairness. Per contra, I assert that Kant's deontological theory is (...)
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  13. Justifying Law: The Debate Over Foundations, Goals, and Methods.Raymond A. Belliotti - 1992 - Temple University Press.
    Author note: Raymond A. Belliotti is Professor of Philosophy at State University of New York at Fredonia.
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  14. The Concept of Ownership.Lars Bergström - 2000 - The Nordic Committee on Bioethics.
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  15. Global Legal Pluralism: A Jurisprudence of Law Beyond Border.Paul Schiff Berman - 2012 - Cambridge University Press.
    A world of legal conflicts -- The limits of sovereigntist territoriality -- From universalism to cosmopolitanism -- Towards a cosmopolitan pluralist jurisprudence -- Procedural mechanisms, institutional designs, and discursive practices for managing pluralism -- The changing terrain of jurisdiction -- A cosmopolitan pluralist approach to choice of law -- Recognition of judgments and the legal negotiation of difference.
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  16. A Foundation for the Conception of Law as Practical Reason.Stefano Bertea - 2015 - Law and Philosophy 34 (1):55-88.
    This essay discusses a foundation of the connection argued to exist between law and practical reason that has proved to be highly influential and debated in contemporary legal philosophy – Alexy’s. After reconstructing Alexy’s conception of practical reason as well as its foundation, I criticise the weak transcendental-pragmatic argument Alexy uses to ground the authority of practical reason. This argument, I argue, can only show why occasionally, as opposed to necessarily, we ought to follow the guidance of practical reason, and (...)
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  17. Philosophy of Law.Brian Bix (ed.) - 2006 - Routledge.
    Edited by a leading scholar in the field, Philosophy of Law is a new title in the Routledge Major Works series Critical Concepts in Philosophy . It is a four-volume collection of canonical and cutting-edge research and covers a significant range of topics in the field. The first two volumes of the collection are devoted primarily to analytical legal theory—in particular, theories about the nature of law. This is the idea of legal philosophy most familiar to jurisprudential students in the (...)
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  18. 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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  19. Jurisprudence: The Philosophy and Method of the Law.Edgar Bodenheimer - 1962 - Harvard University Press.
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  20. Law and Its Rhetoric of Violence.Anél Boshoff - 2013 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (2):425-437.
    This article explores the manner in which politico-legal language makes use of metaphors of violence and destruction in order to describe state/legal functions and actions. It argues that although such use of a militaristic hyperbole is generally regarded as normal and appropriate, it is in fact harmful in the way that it presents complex and specific problems as being simple and abstract. From a semiotic point of view, and using the work of Roland Barthes, law is regarded as a system (...)
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  21. 20th-Century Bulgarian Philosophy of Law: From Critical Acceptance of Kant’s Ideas to the Logic of Legal Reasoning.Vihren Bouzov - 2016 - In Enrico Pattaro & C. Roversi (eds.), A Treatise of Legal Philosophy and General Jurisprudence. V.12 (1), Legal Philosophy in the Twentieth Century: The Civil Law World. pp. 681-690.
    My analysis here is an attempt to bring out the main through-line in the development of Bulgarian philosophy of law today. A proper account of Bulgarian philosophy of law in the 20th century requires an attempt to find, on the one hand, a solution to epistemological and methodological problems in law and, on the other, a clear-cut influence of the Kantian critical tradition. Bulgarian philosophy of law follows a complicated path, ranging from acceptance and revision of Kantian philosophy to the (...)
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  22. The Right to Trial by Jury.Thom Brooks - 2004 - Journal of Applied Philosophy 21 (2):197–212.
    This article offers a justification for the continued use of jury trials. I shall critically examine the ability of juries to render just verdicts, judicial impartiality, and judicial transparency. My contention is that the judicial system that best satisfies these values is most preferable. Of course, these three values are not the only factors relevant for consideration. Empirical evidence demonstrates that juries foster both democratic participation and public legitimation of legal decisions regarding the most serious cases. Nevertheless, juries are costly (...)
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  23. Alexander James Dallas: An Exposition of the Causes and Character of the War. An Annotated Edition.H. G. Callaway (ed.) - 2011 - Dunedin Academic Press.
    Alexander James Dallas' An Exposition of the Causes and Character of the War was written as part of an effort by the then US government to explain and justify its declaration of war in 1812. However publication coincided with the ratification of the Treaty of Ghent, which ended the War. The Exposition is especially interesting for the insight it provides into the self-constraint of American foreign policy and of the conduct of a war. The focus is on the foreign policy (...)
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  24. Getting to the Rule of Law. [REVIEW]Michael Cholbi - 2012 - Law and Politics Book Review 22 (1):266-269.
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  25. On Aarnio and Peczenik's "Suum Cuique Tribuere".Paolo Comanducci - 1998 - Ratio Juris 11 (2):180-192.
    The purpose of Aarnio and Peczenik is very ambitious: on the one hand, providing an explanatory picture of social interaction; on the other hand, offering a comprehensive conception of the best arrangement we can get of the so called Democratic Rule-of-Law State. In the paper, Comanducci first outlines some of the most important aspects of Aarnio and Peczenik work, mainly stressing the conclusions he agrees with, at the three different levels in which the authors’ discourse places itself— namely, at the (...)
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  26. Struttura E Dinamica Dei Sistemi Giuridici.Paolo Comanducci & Riccardo Guastini - 1996
    Il volume raccoglie gli Atti del 1° convegno italo-spagnolo di teoria analitica del diritto, svoltosi a Imperia nei giorni 27-29 aprile del 1995. Con un approccio analitico alla teoria del diritto, sono stati trattati, tra gli altri, i temi seguenti: efficacia e applicabilità delle norme; identificazione del diritto; lacune; metanorme; fonti del diritto; consuetudine; esistenza di norme e sistemi normativi;norme supreme.
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  27. Legal Institutionalism: Capitalism and the Constitutive Role of Law.Simon Deakin, David Gindis, Geoffrey M. Hodgson, Kainan Huang & Katharina Pistor - forthcoming - Journal of Comparative Economics.
    Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the state are criticized here, because they typically assume relatively small numbers of agents and underplay the complexity and uncertainty in developed capitalist systems. In developed capitalist economies, law is sustained through interaction between private agents, courts (...)
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  28. Ontology and Reason Giving in Law.Kenneth M. Ehrenberg - 2016 - In Pawel Banas, Adam Dyrda & Tomasz Gizbert-Studnicki (eds.), Metaphilosophy of Law. Hart. pp. 147-158.
  29. Law’s Artifactual Nature: How Legal Institutions Generate Normativity.Kenneth M. Ehrenberg - 2015 - In George Pavlakos & Veronica Rodriguez-Blanco (eds.), Reasons and Intentions in Law and Practical Agency. Cambridge University Press. pp. 247-266.
    I argue that law is best understood as an institutionalized abstract artifact. Using the ideas of John Searle on institutions and Amie Thomasson on artifacts, I show how the law is capable of generating new reasons for action, arguing against recent work by David Enoch who holds that legal reason-giving is ultimately a form of triggering conditional reasons.
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  30. Pattern Languages & Institutional Facts: Functions & Coherence in Law.Kenneth M. Ehrenberg - 2013 - In Michał Araszkiewicz & Jaromir Savelka (eds.), Coherence: Insights from Philosophy, Jurisprudence and Artificial Intelligence. Springer. pp. 155-166.
    Under John Searle’s theory of institutional facts, the law can be understood both as an institution governed by foundational documents and practices, and as a method for creating new institutions through the codification of the assignment of functions, usually of the form ‘X counts as Y in circumstances C’. The architect Christopher Alexander’s notion of pattern languages, schematic templates for problem-solving widely adopted by computer programmers, can be developed within a legal system as a coherence constraint on the assignment of (...)
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  31. The Ideal and Non-Ideal in Behavior Guidance: Reflections on Law and Buddhism in Conversation with the Dalai Lama.Kenneth M. Ehrenberg - 2007 - Buffalo Law Review 55:675-679.
    Highlighting the distinct approaches to behavior guidance employed by law and aspirational religious institutions like Buddhism, focusing on the work of Lon Fuller. There is importance to both baseline or duty-centered rules such as found primarily in criminal law and deontic morality, as well as aspirational guidance principles that are found in religious law, virtue ethics, and sometimes seen in civil law. However, the specific assumptions and aims of these two modes of guidance must be harmonized to be effective.
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  32. The Law of Laws.Pavlos Eleftheriadis - forthcoming - Transnational Legal Theory 1 (3).
    How can legal orders coexist? Contemporary lawyers and philosophers frequently accept that a legal system operates under its own terms and is shaped by its own participants. Any problems posed by the plurality of legal orders in the world are to be dealt with by each legal order separately. So persons that are caught in transnational disputes because they are subject to two or more jurisdictions, have recourse to private international law, which is always part of domestic law, i.e. the (...)
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  33. Tra saggezza e realismo politico: machiavellismi di Suárez.C. Faraco - 2014 - HELIOPOLIS.
  34. Breve excursus sul concetto di legge in Francisco Suárez.C. Faraco - 2013 - In Colonne Ofitiche. Percorsi di ermeneutica simbolica. pp. 73-84.
    Il breve saggio sul concetto di lex in Suárez evidenzia come la nota definizione di Tommaso d’Aquino, pur rappresentando un punto di riferimento imprescindibile nel dibattito giuridico, morale e teologico, possa esser riscritta. E l’innovazione del gesuita spagnolo si delinea in una definizione di legge, ove i termini intelletto e volontà sono posti in modo differente e il dialogo tra questi concetti generi una costruzione morale, che tenga conto della libertà della volontà dall’intelletto e da un ordo precostituito.
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  35. Obbligo politico e libertà nel pensiero di Francisco Suárez, FrancoAngeli, Milano, 2013.C. Faraco (ed.) - 2013 - FrancoAngeli.
    Se l’uomo è nato libero e non soggetto ad un suo pari, può obbligare un altro uomo senza cadere nella tirannia? È la domanda a cui Suárez cerca di dare risposta attraverso lo studio della legge, interpretata come una manifestazione dell’intelletto e della volontà, ovvero le due componenti che, in continuo ed armonico dialogo, sono la base di una nuova costruzione morale. Il gesuita riscrive il rapporto tra Creatore e creatura, da un lato, e il rapporto tra obbligo politico e (...)
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  36. Suárez Francisco, Trattato delle leggi e di Dio legislatore.C. Faraco - 2011 - Rivista Internazionale di Filosofia Del Diritto 88 (1):137.
  37. An Introduction to Aretaic Theories of Law.Colin Farrelly & Lawrence B. Solum - 2007 - In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue Jurisprudence. Palgrave-Macmillan.
  38. Can One Really Reason About Laws?Joseph S. Fulda - 1999 - Acm Sigcas Computers and Society 29 (2):31.
    This is a review article of Tokuyasu Kakuta, Makoto Haraguchi, and Yoshiaki Okubo, "A Goal-Dependent Abstraction for Legal Reasoning by Analogy," /Artificial Intelligence and Law/ 5(March 1997): 97-118.
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  39. Constitutivism and the Normativity of Social Practices: The Case of Law.Triantafyllos Gkouvas - manuscript
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  40. Kelsen, Quietism, and the Rule of Recognition.Michael Steven Green - 2008 - In Matthew D. Adler & Kenneth E. Himma (eds.), THE RULE OF RECOGNITION AND THE UNITED STATES CONSTITUTION. Oxford University Press.
    Sometimes the fact that something is the law can be justified by the law. For example, the Sarbanes-Oxley Act is the law because it was enacted by Congress pursuant to the Commerce Clause. But eventually legal justification of law ends. The ultimate criteria of validity in a legal system cannot themselves be justified by law. According to H.L.A. Hart, justification of these ultimate criteria is still available, by reference to social facts concerning official acceptance - facts about what Hart calls (...)
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  41. Hard Cases: A Procedural Approach. [REVIEW]Jaap C. Hage, Ronald Leenes & Arno R. Lodder - 1993 - Artificial Intelligence and Law 2 (2):113-167.
    Much work on legal knowledge systems treats legal reasoning as arguments that lead from a description of the law and the facts of a case, to the legal conclusion for the case. The reasoning steps of the inference engine parallel the logical steps by means of which the legal conclusion is derived from the factual and legal premises. In short, the relation between the input and the output of a legal inference engine is a logical one. The truth of the (...)
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  42. Law, Morals and Defeasibility.Jaap Hage & Aleksander Peczenik - 2000 - Ratio Juris 13 (3):305-325.
  43. Breaking Laws to Fix Broken Windows: A Revisionist Take on Order Maintenance Policing.Andrew Ingram - 2014 - Berkeley Journal of Criminal Law 19 (2):112-152.
    Today, there is a family of celebrated police strategies that teach the importance of cracking down on petty crime and urban nuisance as the key to effective crime control. Under the “broken windows” appellation, this strategy is linked in the public mind with New York City and the alleged successes of its police department in reducing the rate of crime over the past two decades. This paper is critical of such order maintenance approaches to policing: I argue that infringements of (...)
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  44. Philosophy of Law: Secular and Religious (with Some Reference to Jewish Family Law).Bernard S. Jackson - 2015 - In Alison Diduck, Noam Peleg & Helen Reece (eds.), Law In Society: Reflections on Children, Family, Culture and Philosophy. Essays in Honour of Michael Freeman. Leiden: Brill. pp. 45-62.
    Despite the efforts of some modern Jewish law scholars, it is difficult to apply models of secular jurisprudence (whether positivist or Dworkinian) to the Jewish legal system. Internal analysis suggests that the “secondary rules” of the system are far too fragile. Rather, the system appears to privilege trust over objectively determinable truth. (But perhaps trust is a concept to which greater attention should be paid also in secular jurisprudence, as a legal realism informed by semiotics might maintain.) The practical implications (...)
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  45. The Social Impact Theory of Law.Keton Joshua - 2015 - Phenomenology and Mind 9:130-137.
    Margaret Gilbert’s work on sociality covers a wide range of topics, and as she puts it “addresses matters of great significance to several philosophical specialties – including ethics, epistemology, political philosophy, philosophy of science, and philosophy of law – and outside philosophy as well” (Gilbert 2013, p. 1). Herein I argue that Mark Greenberg’s recent call to eliminate the problem of legal normativity is well motivated. Further, I argue that Gilbert’s work on joint commitment, and more specifically obligations of joint (...)
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  46. "Law's Inertia: Custom in Logic And Experience".Catherine Kemp - 2002 - In Austin Sarat Patricia Ewick (ed.), Studies in Law, Politics, and Society, vol. 25. pp. 135-149.
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  47. Habermas Among The Americans: Some Reflections On The Common Law.Catherine Kemp - 1999 - Denver University Law Review 76 (4):1999.
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  48. In Defense of Hart.Matthew H. Kramer - 2013 - In Wil Waluchow & Stefan Sciaraffa (eds.), Philosophical Foundations of the Nature of Law. Oxford University Press. pp. 22.
    In Legality Scott Shapiro seeks to provide the motivation for the development of his own elaborate account of law by undertaking a critique of H.L.A. Hart's jurisprudential theory. Hart maintained that every legal system is underlain by a rule of recognition through which officials of the system identify the norms that belong to the system as laws. Shapiro argues that Hart's remarks on the rule of recognition are confused and that his model of lawis consequently untenable. Shapiro contends that a (...)
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  49. Review of Defeasibility in Philosophy: Knowledge, Agency, Responsibility, and the Law; Claudia Blöser, Mikael Janvid, Hannes Ole Matthiessen, and Marcus Willaschek (Eds.). [REVIEW]Matthew Lister - 2014 - Notre Dame Philosophical Reviews 2014.
    This volume is based on papers presented at a conference on defeasibility in ethics, epistemology, law, and logic that took place at the Goethe University in Frankfurt in 2010. The subtitle (“Knowledge, Agency, Responsibility, and the Law”) better reflects the content than does the title of the original conference. None of the papers focuses directly or primarily on defeasible reasoning in logic, though a few touch on this indirectly. Nor are the papers evenly split among the topics. Six are primarily (...)
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  50. Evaluating the Force of Law's Force. [REVIEW]Miotto Lucas - 2016 - Australian Journal of Legal Philosophy 40:229-236.
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