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  1. Habermas and Ackerman: A Synthesis Applied to the Legitimation and Codification of Legal Norms.Abad I. Ninet Antoni & Molas Josep Monserrat - 2009 - Ratio Juris 22 (4):510-531.
    In this article we consider certain elements of the normative theory of Jürgen Habermas in the light of the proposals of Bruce Ackerman, with a view to strengthening a concept of deliberative democracy applied to the legitimation of juridical rules. We do not construct a hierarchy of the two positions, but seek to bring together certain elements to achieve a common project. As the starting point for examining the work of the two authors, we take the scheme proposed by Habermas (...)
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  2. Die Radbruchsche Formel: Eine Untersuchung der Rechtsphilosophie Gustav Radbruchs.Hidehiko Adachi - 2005 - Baden-Badennomos.
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  3. In Defense of Content-Independence.N. P. Adams - forthcoming - Legal Theory.
    Discussions of political obligation and political authority have long focused on the idea that the commands of genuine authorities constitute content-independent reasons. Despite its centrality in these debates, the notion of content-independence is unclear and controversial, with some claiming that it is incoherent, useless, or increasingly irrelevant. I clarify content-independence by focusing on how reasons can depend on features of their source or container. I then solve the long-standing puzzle of whether the fact that laws can constitute content-independent reasons is (...)
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  4. The Rule of Law and the Principles of the Welfare State.K. B. Agrawal - 1993 - Rechtstheorie. Beiheft 15:135-143.
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  5. On Necessary Relations Between Law and Morality.Robert Alexy - 1989 - Ratio Juris 2 (2):167-183.
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  6. Ein Plädoyer für den Rechtsnormen-Konsequentialismus.Vuko Andrić & Martin Kerz - 2014 - Archiv für Rechts- Und Sozialphilosophie 140:87-98.
    How can legal norms be morally evaluated? In this paper we discuss and defend consequentialism about legal norms. According to this doctrine, the legitimacy of legal norms depends entirely on the consequences of the norms’ validity. Consequentialism about legal norms shares the advantages of both act- and rule-consequentialism while avoiding the respective disadvantages. In particular, consequentialism about legal norms has prima-facie plausibility like act-consequentialism and for similar reasons: it qualifies as a version of collective act-consequentialism. At the same time, the (...)
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  7. Social Norms, The Invisible Hand, and the Law.Jonny Anomaly & Geoffrey Brennan - 2014 - University of Queensland Law Journal 33 (2).
  8. Die Normative Kraft des Faktischen: Das Staatsverständnis Georg Jellineks.Andreas Anter (ed.) - 2004 - Nomos.
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  9. Readings in the Philosophy of Law.John Arthur & William H. Shaw (eds.) - 2010 - Pearson Prentice Hall.
    The adversary system and the practice of law -- The rule of law -- The moral force of law -- Statutes -- Precedents -- Constitutional interpretation -- Natural law and legal positivism: classical perspectives -- Formalism and legal realism -- Morality and the law -- International law -- Law and economics -- The justification of punishment -- The rights of defendants -- Sentencing -- Criminal responsibility -- Compensating for private harms: the law of torts -- Private ownership: the law of (...)
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  10. Can Legal Sociology Account for the Normativity of Law?Reza Banakar - unknown
    This paper challenges the assumption that legal sociology should apply itself to the external or factual properties of the law and leave the internal and normative aspects of legal phenomena to doctrinal scholars and moral philosophers. It argues that legal sociology explores the normative contexts of the law and other social systems, but being restricted by its “scientific” mode of expression it describes and analyses them in sociological rather than moral terms. Legal sociology is, and should be seen as, a (...)
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  11. Metaphilosophy of Law.Pawel Banas, Adam Dyrda & Tomasz Gizbert-Studnicki (eds.) - 2016 - Hart.
    Methodological and metaphilosophical disputes in the contemporary philosophy of law are very vivid. Basic issues remain controversial. The purpose of the book is to confront approaches of Anglo-Saxon and continental philosophy of law to the following topics: the purpose of legal philosophy, the role of disagreement in legal philosophy, methodology of legal philosophy (conceptual analysis) and normativity of law. We see those areas of legal metaphilosophy as drawing recently more and more attention in the literature. The authors of particular chapters (...)
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  12. The Normative Claim of Law.Stefano Bertea - 2009 - Hart.
    Meaning and status -- Generality and moral quality -- Content-dependence and discursive character -- Why grounds are needed -- Grounding the normativity of practical reason -- Grounding the normative claim and force of law.
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  13. New Essays on the Normativity of Law.Stefano Bertea & George Pavlakos (eds.) - 2011 - Hart.
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  14. The Methods of Normativity.Hass Binesh - 2017 - Canadian Journal of Law and Jurisprudence 30 (1):159.
    This essay is an examination of the relationship between phenomenology and analytic method in the philosophy of law. It proceeds by way of a case study, the requirement of compliance in Raz’s theory of mandatory norms. Proceeding in this way provides a degree of specificity that is otherwise neglected in the relevant literature on method. Drawing on insights from the philosophy of art and cognitive neuroscience, it is argued that the requirement of compliance is beset by a range of epistemological (...)
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  15. Legal Positivism and 'Explaining' Normativity and Authority.Brian Bix - 2006 - American Philosophical Association Newsletter 5 (2 (Spring 2006)):5-9.
    It has become increasingly common for legal positivist theorists to claim that the primary objective of legal theory in general, and legal positivism in particular, is "explaining normativity." The phrase "explaining normativity" can be understood either ambitiously or more modestly. The more modest meaning is an analytical exploration of what is meant by legal or moral obligation, or by the authority claims of legal officials. When the term is understood ambitiously - as meaning an explanation of how conventional and other (...)
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  16. The Normativity of the Natural: Human Goods, Human Virtues, and Human Flourishing.Mark J. Cherry (ed.) - 2009 - Springer.
    Perhaps nature is simply a challenge to be addressed, overcome, and set aside.This volume is a critical exploration of natural law theory.
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  17. Getting to the Rule of Law. [REVIEW]Michael Cholbi - 2012 - Law and Politics Book Review 22 (1):266-269.
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  18. The Paradox of the Normativity of Law.René González de la Vega - 2013 - Problema. Anuario de Filosofía y Teoria Del Derecho 7:63-79.
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  19. Montaigne’s Inquiry Into the Sources of Normativity.Dr Sylvie Delacroix - 2003 - Canadian Journal of Law and Jurisprudence 16 (2):271-286.
    How can one explain the normative outcome of the initial law-creating practices without any reference to some pre-existing natural laws ``guaranteing" the lawgiver's enterprise? The challenge which the rejection of the classical natural law model represents amounts to explaining the normative dimension of law despite the arbitrariness of the social practices from which it stems. Montaigne gave both an exemplary formulation and a peculiar solution to that question: in order to reconstruct the authority of law despite the ``dangerous arbitrariness" from (...)
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  20. Making Law Bind : Legal Normativity as a Dynamic Concept.Sylvie Delacroix - 2011 - In Maksymilian Del Mar (ed.), New Waves in Philosophy of Law. Palgrave-Macmillan.
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  21. Legal Norms and Normativity: An Essay in Genealogy.Sylvie Delacroix - 2006 - Hart.
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  22. Hart's and Kelsen's Concepts of Normativity Contrasted.Sylvie Delacroix - 2004 - Ratio Juris 17 (4):501-520.
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  23. Interpreting Normativity.Julie Dickson - 2006 - In J. W. Harris, Timothy Andrew Orville Endicott, Joshua Getzler & Edwin Peel (eds.), Properties of Law: Essays in Honour of Jim Harris. Oxford University Press.
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  24. Contractualism and the Normativity of Principles.Gerald Dworkin - 2002 - Ethics 112 (3):471-482.
    This is a study of the question of whether moral principles, as justified by a contractualist scheme, such as Scanlon's, are binding on persons, i.e., give them reasons to act in accordance with such principles. I argue that for those agents who meet the motivational conditions that Scanlon lays down, i.e., those who seek to reach agreement with others on principles that are not rejectable, such principles are binding. But on those who do not meet the motivational condition the principles (...)
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  25. Law as Plan and Artefact.Kenneth M. Ehrenberg - 2016 - Jurisprudence: An International Journal of Legal and Political Thought 7 (2):325-340.
    Scott Shapiro’s theory that law is a social plan is helpful in seeing law essentially as a tool of human creation and as such is sympathetic to understanding law in terms of the social functions it performs, a method I argue for elsewhere. I focus here on two problems with the theory as presented. The planning theory does not adequately explain the persistence of law beyond the utility of those who implement it. Generally, plans can cease to exist as soon (...)
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  26. 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.
  27. The Functions of Law.Kenneth M. Ehrenberg - 2016 - Oxford University Press.
    What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so (...)
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  28. 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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  29. Law's Authority is Not a Claim to Preemption.Kenneth M. Ehrenberg - 2013 - In Wilfrid J. Waluchow & Stefan Sciaraffa (eds.), Philosophical Foundations of the Nature of Law. Oxford University Press. pp. 51.
    Joseph Raz argues that legal authority includes a claim by the law to replace subjects’ contrary reasons. I reply that this cannot be squared with the existence of choice-of-evils defenses to criminal prosecutions, nor with the view that the law has gaps (which Raz shares). If the function of authority is to get individuals to comply better with reason than they would do if left to their own devices, it would not make sense for law to claim both to pre-empt (...)
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  30. Reason-Giving and the Law.David Enoch - 2011 - In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law. Oxford University Press.
    A spectre is haunting legal positivists – and perhaps jurisprudes more generally – the spectre of the normativity of law. Whatever else law is, it is sometimes said, it is normative, and so whatever else a philosophical account of law accounts for, it should account for the normativity of law[1]. But law is at least partially a social matter, its content at least partially determined by social practices. And how can something social and descriptive in this down-to-earth kind of way (...)
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  31. Critical Notice: From Raz’s Nexus to Legal Normativity.Christopher Essert - 2012 - Canadian Journal of Law and Jurisprudence 25 (2):465-482.
    This is a Critical Notice of From Normativity to Responsibility, Joseph Raz’s brilliant treatment of the nature of normativity and reasons. Building on the thought that the law claims to give reasons to its subjects, I consider the application of Raz’s views about reasons to some questions in legal philosophy. I concentrate on what I take to be the central idea of the book, Raz’s “normative/explanatory nexus”, according to which a consideration cannot be a reason for an agent to perform (...)
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  32. Deliberation, Responsibility, and Excusing Mistakes of Law.Alexander A. Guerrero - 2015 - Jurisprudence: An International Journal of Legal and Political Thought 6 (1):81-94.
  33. Elusive Normativity.Jaap Hage - 2011 - Netherlands Journal of Legal Philosophy 40 (2):146-168.
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  34. Kelsen's Pallid Normativity.James W. Harris - 1996 - Ratio Juris 9 (1):94-117.
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  35. Legal and Technological Normativity.Mireille Hildebrandt - 2008 - Techne 12 (3):169-183.
    Within science technology and society studies the focus has long been on descriptive microanalyses. Several authors have raised the issue of the normative implications of the findings of research into socio-technical devices and infrastructures, while some claim that material artifacts have moral significance or should even be regarded as moral actors. In this contribution the normative impact of technologies is investigated and compared with the normative impact of legal norms, arguing that a generic concept of normativity is needed that does (...)
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  36. 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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  37. Legal Semiotics and Semiotic Aspects of Jurisprudence.Bernard S. Jackson - 2012 - In Anne Wagner & Jan Broekman (eds.), , eds., Prospects of Legal Semiotics. Dordrecht: Springer. pp. 3-36.
    Originally written in 1990, this reviews largely late 20th century debates on the study of law as Logic, Discourse, or Experience; the Unity of the Legal System and the Problem of Reference; Semiotic Presuppositions of Traditional Jurisprudence (Austin, Hart, Kelsen, Dworkin, Legal Realisms); then turns to legal philosophies explicitly Employing Forms of Semiotics (Kalinowski, the Italian Analytical School, Rhetorical and Pragmatic Approaches, Sociological and Socio-Linguistic Approaches, Peircian Legal Semiotics, Greimasian Legal Semiotics and Aesthetic/Symbolic Approaches). A major section then offers (from (...)
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  38. Review Article: Legal Theory, Law, and Normativity.Leonard Kahn - 2012 - Journal of Moral Philosophy 9 (1):115-126.
    Joseph Raz's new book, Between Authority and Interpretation , collects his most important papers in the philosophy of law and the theory of practical rationality from the mid-1990s to the mid-2000s. In these papers, Raz not only advances earlier theses but also breaks new ground in a number of areas. I focus on three of Raz's topics here: theories of law, separability and necessity, and the normativity of law. While I am generally sympathetic to Raz's thinking on these topics, I (...)
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  39. Making the Law Explicit: The Normativity of Legal Argumentation.Matthias Klatt - 2008 - Hart.
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  40. Consensus, Stability, and Normativity in Rawls's Political Liberalism.Larry Krasnoff - 1998 - Journal of Philosophy 95 (6):269-292.
  41. Right and Wrong.John-Michael Kuczynski - 2016 - Amazon Digital Services LLC.
    In this book, it is shown that moral integrity is necessary for psychological integrity and, therefore, that it is not possible to live well without living ethically. In the process of establishing this profound truth, Dr. Kuczynski explains what right and wrong are and how we know the difference between the two.
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  42. Windelband's Notion of Normativity.M. Laclau - 1987 - Rechtstheorie 18 (3):335-343.
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  43. Social Normativity for Legal Philosophers.Maksymilian T. Madelr - unknown
    Understanding the nature of social normativity is important for contemporary analytical legal philosophy. For one, such an account may help articulate the form of the social conventions that are said to be at the foundations of the rule of recognition. This paper argues that accounts of the nature of social normativity ought not to be based on the idea that social life is governed or regulated by norms. Rather, accounts of social normativity ought to be centred on the notion of (...)
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  44. The Problem of Normativity in Contemporary Legal Theory.Maksymilian T. Madelr - unknown
    This paper examines the problem of normativity in contemporary legal theory, paying particular attention to the relationship between the conception of the problem and related explanations of behaviour. The first part of the paper shows how the problem of normativity, conceived of as a matter of determining how legal norms function as reasons for action, is linked to an explanation of behaviour that is posited or assumed to be capable of being guided by reasons. More importantly for the purposes of (...)
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  45. Commands and Claims.Azevedo Marco Antonio - 2013 - In Bartosz Wojciechowski, Karolina M. Cern & Piotr W. Juchacz (eds.), DIA-LOGOS, VOL 15: Legal Rules, Moral Norms and Democratic Principles. Peter Lang.
    Notwithstanding the widely accepted view that rights establish normative constraints on authority’s powers, command is still a core notion in modern philosophical jurisprudence. Nevertheless, if Herbert Hart is correct in his analysis on the deficiencies of the traditional command theories, a command is binding only if there is a right of being obeyed implying authority. My main objective in this paper is to make explicit the semantical and normative relations between rights and commands. In the first part, after some remarks (...)
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  46. A Theory That Beats the Theory? Lineages, the Growth of Signs, and Dynamic Legal Interpretation.Marcin Matczak - manuscript
    Legal philosophers distinguish between a static and a dynamic interpretation of law. The former assumes that the meaning of the words used in a legal text is set at the moment of its enactment and does not change with time. The latter allows the interpreters to update the meaning and apply a contemporary understanding to the text. The dispute between these competing theories has significant ramifications for social and political life. To take an example, depending on the approach, the term (...)
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  47. Three Kinds of Intention in Lawmaking.Marcin Matczak - forthcoming - Law and Philosophy:1-24.
    The nature of legislative intent remains a subject of vigorous debate. Its many participants perceive the intent in different ways. In this paper, I identify the reason for such diverse perceptions: three intentions are involved in lawmaking, not one. The three intentions correspond to the three aspects of a speech act: locutionary, illocutionary and perlocutionary. The dominant approach in legal theory holds that legislative intent is a semantic one. A closer examination shows that it is, in fact, an illocutionary one. (...)
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  48. Democracy's Normativity.Noëlle McAfee - 2008 - Journal of Speculative Philosophy 22 (4):pp. 257-265.
  49. How Is the Rule of Law a Limit on Power?David McIlroy - 2016 - Studies in Christian Ethics 29 (1):34-50.
    A commitment to the rule of law is a commitment to the governance of a society through the use of general or generalisable rules which are binding on both the subjects and the rulers. By giving due notice of the rules and of any changes to them, those who are subject to the law are protected from violence and enabled to act as agents. This is the essential contribution the rule of law makes to important human goods including freedom. Such (...)
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  50. How to Address Kant’s Legal and Political Philosophy? A Review of Maliks’s Kantian Context and Horn’s Non-Ideal Normativity.Thomas Mertens - 2016 - Jurisprudence: An International Journal of Legal and Political Thought 7 (2):376-383.
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