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  1. "Is the ‘Hate’ in Hate Speech the ‘Hate’ in Hate Crime? Waldron and Dworkin on Political Legitimacy," Jurisprudence (Forthcoming).Rebecca Ruth Gould - forthcoming - Jurisprudence.
    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 adequate opportunity for dissent. In his influential defence of hate speech bans, Jeremy Waldron addresses these objections. Dworkin’s concern with political legitimacy is misplaced, he argues, given the provision speech bans make for substituting permissible modes of expression for impermissible ones. I argue that this defence of speech bans misidentifies (...)
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  2. Juridisch-filosofische stellingen.Mathijs Notermans - manuscript
    Juridisch-filosofische stellingen. Proeve van en aanzet tot een Kelseniaanse 'Juridisch-filosofische verhandeling' naar analogie van Wittgensteins Tractatus Logico-Philosophicus. Het is mogelijk een Kelseniaanse 'juridisch-filosofische verhandeling' te schrijven naar het voorbeeld van Wittgensteins Tractatus Logico-Philosophicus. De volgende hoofd- en eerstvolgende substellingen overeenkomstig de hoofd- en eerstvolgende substellingen van de Tractatus zijn een proeve daarvan en vormen een eerste aanzet daartoe ("Mogen anderen komen en het beter doen"). Anders dan Wittgensteins Tractatus die eindigt met de beroemde hoofdstelling 7 dat men van datgene moet (...)
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  3. Law as Language (in Contemporary Analytic Philosophy).Jose Juan Moreso & Samuele Chilovi - manuscript
  4. Il diritto come linguaggio (nella filosofia analitica contemporanea).Jose Juan Moreso & Samuele Chilovi - 2016 - In G. Bongiovanni (ed.), Che cosa è il diritto. Ontologie e concezioni del giuridico. Torino: Giappichelli. pp. 373-412.
  5. Therapy, Enhancement, and Medicine: Challenges for the Doctor–Patient Relationship and Patient Safety.James J. Delaney & David Martin - 2017 - Journal of Business Ethics 146 (4):831-844.
  6. Contractualism and the Death Penalty.Li Hon Lam - 2017 - Criminal Justice Ethics 36 (2):152-182.
    It is a truism that there are erroneous convictions in criminal trials. Recent legal findings show that 3.3% to 5%of all convictions in capital rape-murder cases in the U.S. in the 1980s were erroneous convictions. Given this fact, what normative conclusions can be drawn? First, the article argues that a moderately revised version of Scanlon’ s contractualism offers an attractive moral vision that is different from utilitarianism or other consequentialist theories, or from purely deontological theories. It then brings this version (...)
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  7. ESTADO E GOVERNO NO PENSAMENTO DE MARSÍLIO DE PÁDUA: RAÍZES MEDIEVAIS DE UMA TEORIA MODERNA.J. L. Ames - 2003 - Ética and Filosofia Política 6 (2):0-0.
    This study brings light to the concepts of State and Government in the thought of Marsilio de Padua pointing out to profoundly modern institutions present in the reflection of this medieval philosopher. We attempt to show that Marsilio de Padua reflects based on Aristotle´s categories, but proposes a State and Government conception different from that common place of medieval politics as he insists on the need of the popular consent as a criterion of political legitimacy. -/- O estudo explicita os (...)
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  8. International Relations, Hegemony and the ICC.Orrù Elisa - 2012 - IUSE (Istituto Universitario di Studi Europei) Working Papers 1 (4-DSE):1-12.
    The relationship between power, law and consent is a key feature of the Western debate on criminal law. On the one side, defining the legitimate ways of exercising the punitive power has been a critical question since the Enlightenment thought onwards and especially as to the rule of law doctrine. On the other side, the role played by public punishment in shaping consent and its communicative potential have been crucial questions for critical, as well as non-critical approaches to criminal law (...)
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  9. Wrongdoing by Results: Moore's Experiential Argument.John Gardner - 2012 - Legal Theory 18 (4):459-471.
    Michael Moore and I agree about the moral importance of how our actions turn out. We even agree about some of the arguments that establish that moral importance. In Causation and Responsibility, however, Moore foregrounds one argument that I do not find persuasive or even helpful. In fact I doubt whether it even qualifies as an argument. He calls it the In this comment I attempt to analyze Moore's in some detail and thereby to bring out why it does not (...)
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  10. The Content Analysis of the Russian Federal and Regional Basic Legislation on the Cultural Policy.Natalia P. Koptseva, Vladimir S. Luzan, Veronica A. Razumovskaya & Vladimir I. Kirko - 2017 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 30 (1):23-50.
    The content-analysis of the Russian federal and regional basic legislation on the cultural policy has indicated a need in a deep revision of all existing regulatory legal acts, which support the state cultural policy implementation towards building a universal terminology and vesting the functions on the cultural policy implementation in the government as opposed to the statement of the departmental specific approach to the culture.
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  11. Compte-Rendu D’Un Ouvrage Sur la Médiation Et les Droits Linguistiques.Philippe Gréciano - 2017 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 30 (1):175-177.
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  12. Antigone’s Transgression: Hegel and Bataille on the Divine and the Human.Victoria I. Burke - 1999 - Dialogue 38 (3):535-546.
    Hegel’s reading of Sophocles' Antigone underestimates the power of the negativity to which Antigone’s action is dedicated. I argue that the negativity of death and the sacred cannot, contrary to Hegel, to be sublated and thus incorporated into the progression of Spirit. Bataille’s treatment of the sacred better characterizes the unworldly force and the otherness with which Antigone and Creon are confronted when their actions bring the divine and the human into conflict. Antigone’s obedience to what she understands to be (...)
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  13. Two Grades of Non-Consequentialism.Ralph Wedgwood - 2016 - Criminal Law and Philosophy 10 (4):795-814.
    In this paper, I explore how to accommodate non-consequentialist constraints with a broadly value-based conception of reasons for action. It turns out that there are two grades of non-consequentialist constraints. The first grade involves attaching ethical importance to such distinctions as the doing/allowing distinction, and the distinction between intended and unintended consequences that is central to the Doctrine of Double Effect. However, at least within the value-based framework, this first grade is insufficient to explain rights, which ground weighty reasons against (...)
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  14. The Hermeneutics of Jurisdiction in a Public Health Emergency in Canada.Amy Swiffen - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (3):667-684.
    This paper investigates the state of the law in Canada in regards to a public health emergency, and in particular the jurisdictional logic that might come into effect were a public health emergency to occur. Although there has yet to be a national public health emergency in Canada, threats of such crises are likely to arise in the future. It is therefore recognised as necessary to address Canada’s legal preparedness for a public health emergency and evaluate proposed reforms to the (...)
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  15. Les Travaux Et les Jours d'Honore de Balzac: Chronologie de la Creation Balzacienne.Wayne Conner & Stephane Vachon - 1994 - Substance 23 (1):151.
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  16. Responsibility and the Limits of Conversation.Manuel R. Vargas - forthcoming - Criminal Law and Philosophy:1-20.
    Both legal and moral theorists have offered broadly “communicative” theories of criminal and moral responsibility. According to such accounts, we can understand the nature of responsibility by appealing to the idea that responsibility practices are in some fundamental sense expressive, discursive, or communicative. In this essay, I consider a variety of issues in connections with this family of views, including its relationship to free will, the theory of exemptions, and potential alternatives to the communicative model. Focusing on Michael McKenna’s Conversation (...)
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  17. Responsibility and the Limits of Conversation.Manuel R. Vargas - forthcoming - Criminal Law and Philosophy:1-20.
    Both legal and moral theorists have offered broadly “communicative” theories of criminal and moral responsibility. According to such accounts, we can understand the nature of responsibility by appealing to the idea that responsibility practices are in some fundamental sense expressive, discursive, or communicative. In this essay, I consider a variety of issues in connections with this family of views, including its relationship to free will, the theory of exemptions, and potential alternatives to the communicative model. Focusing on Michael McKenna’s Conversation (...)
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  18. Law, Neuroscience and Conceptual Housecleaning.Teneille Brown - 2016 - Jurisprudence 7 (1):164-170.
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  19. Cultural Branding, Geographic Source Indicators and Commodification.Gordon Hull - 2016 - Theory, Culture and Society 33 (2):125-145.
    One strategy for indigenous producers competing with global capital is to obtain geographic source protection (a form of trademark) for products traditionally associated with a cultural grouping or region. The strategy is controversial, and this article adds an additional reason to be cautious about adopting it. Specifically, consumers increasingly consume brands not for the products they designate but for the affiliation with the brands themselves. Since the benefits of source protection depend upon a consumer's desire to have a product actually (...)
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  20. Distinction Between Euthanasia and Valid Medical Decision and Its Impact on Unborn Life.Rihards Poļaks & Valentija Liholaja - 2014 - Jurisprudencija: Mokslo darbu žurnalas 21 (1):223-243.
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  21. Medical Teaching by a Non-Medical Specialist.C. Judson Herrick - 1957 - Perspectives in Biology and Medicine 1 (1):17-32.
  22. The Space Between Second-Personal Respect and Rational Care in Theory and Mental Health Law.Camillia Kong - 2015 - Law and Philosophy 34 (4):433-467.
    In recent human rights and legal instruments, individuals with impairments are increasingly recognised as agents who are worthy of respect for their inherent dignity and capacity to make autonomous decisions regarding treatment and care provisions. These legal developments could be understood using Stephen Darwall’s normative framework of the second person standpoint. However, this paper draws upon phenomena – both in legal developments and recent court cases – to illustrate theoretical difficulties with the contractualist underpinnings of Darwall’s account if applied to (...)
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  23. Health Care as a Human Right: The Problem of Indeterminate Content.Madison Powers - 2015 - Jurisprudence 6 (1):138-143.
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  24. Above the Decent Minimum: Problems of Justice for Two-Tiered Health Care.Elizabeth Fenton - 2015 - Jurisprudence 6 (1):125-130.
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  25. How Many Interpreters Does It Take to Interpret the Testimony of an Expert Witness? A Case Study of Interpreter-Mediated Expert Witness Examination.Jieun Lee - 2015 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (1):189-208.
    Through the analysis of the discourse of an interpreter-mediated expert witness examination in a Korean criminal courtroom, this paper examines challenges in obtaining evidence from an expert witness through unskilled interpreters and the related complexity of participation status during the multiparty interactions, namely the courtroom examination. This paper, drawing on the participation framework theories, demonstrates how all participants are engaged in negotiation and interpretation of the meaning of the expert testimony. The two unskilled interpreters, who are primarily responsible for interpreting, (...)
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  26. The Bankruptcy of Judicial Restraint and Judicial Activism: The Impact of Doctrines of Judicial Restraint on Common Law Adjudication.Robin Brian O'Hair - unknown
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  27. The Philosophy of Legal Functionalism: A Critical Evaluation of the Thought of Felix S. Cohen.Walter Harold Koppelman - 1969 - Dissertation, Columbia University
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  28. Inalienable Rights.Terrance Mcconnell - 2001 - Law and Philosophy 20 (5):541-551.
    This book explains what inalienable rights are and how they restrict the behavior of their possessors. McConnell develops compelling arguments to support the inalienability of the right to life, the right of conscience, and a competent person's right not to have medical treatment administered without consent. Yet, surprisingly, he argues that the inalienability of the right to life does not entail that voluntary euthanasia or assisted suicide are wrong. This distinctive defense of inalienable rights will appeal to medical ethicists and (...)
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  29. Justice and Health Care.Earl E. Shelp, Stuart F. Spicker, Joseph M. Healey & H. Tristram Engelhardt - 1983 - Law and Philosophy 2 (3):405-411.
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  30. "Discovery" in Legal Decision Making.Bruce Anderson - 1998 - Law and Philosophy 17 (2):177-192.
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  31. Standards of American Legislation.Ernst Freund - 1965 - University of Chicago Press.
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  32. Medicine in Contemporary Society.Peter Byrne - 1987
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  33. Rights and Wrongs in Medicine.Peter Byrne - 1986
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  34. Medicine, Morals, and the Law.Sheila A. M. Mclean & Gerry Maher - 1983
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  35. Political Practices of Care: Needs and Rights.Joan C. Tronto Julie A. White - 2004 - Ratio Juris 17 (4):425-453.
    . In this paper the authors argue that the exploration of the nature of needs and rights should begin with the actually existing organization of care and of justice in society. The authors raise two key concerns with this organization: 1) the invisibility of care to some, and 2) the inaccessibility of rights to others. Recent work by care scholars has called attention to the ways the current organization of care work perpetuates the myth of self‐sufficiency for some, while reducing (...)
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  36. Law and violence or legitimizing politics in Machiavelli.J. L. Ames - 2011 - Trans/Form/Ação 34 (1):21-42.
    One of the Machiavelli's most famous and innovative thesis states that good laws arise from social conflicts, according to the Roman Empire example of the opposition between plebs and nobles. Conflicts are able to bring about order in virtue of the characteristic constrictive force of necessity, which prevents the ambition to prevail. Nonetheless, law does not neutralize the conflict; just give it a regulation. So, law is subjected to history, to the continuous change, which means that it is potentially corruptible. (...)
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  37. The Abuse of Principle: Analytical Jurisprudence and the Doubtful Case.Frederic Kellogg - 2011 - Archiv für Rechts- Und Sozialphilosophie 97 (2):218-223.
    Contemporary analytical jurisprudence holds that the “doubtful” or “hard” case, not resolved by any clear legal authority, is either legally indeterminate or can be resolved only by judicial recourse to principles. There is an aspect of the "doubtful case" that militates against recourse to principle. When viewed as representative of an early stage of a continuing class of disputes, then judicial recourse to principles may lead to an improvident choice of reasons, and violates fundamental democratic values. This argues for early (...)
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  38. The Medieval Castle in England and Wales: A Social and Political History. [REVIEW]Hugh Thomas - 1995 - The Medieval Review 3.
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  39. From Quebec Veto to Quebec Secession: The Evolution of the Supreme Court of Canada on Quebec-Canada Disputes.Nathalie Des Rosiers - 2000 - Canadian Journal of Law and Jurisprudence 13 (2):171-183.
    The Supreme Court of Canada has changed its approach in dealing with the complex symbolic issues surrounding Quebec's role in the Canadian constitution as shown in two decisions: The Quebec Veto Reference and the Quebec Secession Reference . This paper argues that, in the matter of Quebec/Canada disputes, the court should, as they did in the second decision, see themselves more as a forum for public debate than as simply a place for rule imposition. Process-oriented suggestions as well as framing (...)
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  40. Necessity and Jury Nullification.Travis Hreno - 2007 - Canadian Journal of Law and Jurisprudence 20 (2):351-378.
    Jury nullification refers to the behaviour of a jury that votes to acquit a defendant of criminal charges despite believing that: a) the defendant did in fact commit the actions with which she is charged; and, b) such actions are, indeed, prohibited by law. While there are many objections to this practice, the most striking thing about jury nullification is that nothing is done to actually prevent or punish jurors who behave this way. In this paper, I explore three rationales (...)
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  41. The Counter-Majoritarian Difficulty and the Road Not Taken: Democratizing Amendment Rules.Joel Colón-Rios - 2012 - Canadian Journal of Law and Jurisprudence 25 (1):53-78.
    Discussions about the democratic legitimacy of judicial review of legislation are usually framed in terms of the so called ‘counter-majoritarian’ difficulty, the idea that judicial review is a deviant institution in a democracy. How can a country be considered democratic if a group of non-elected judges have the faculty to strike down laws that have been adopted by a majority of the elected representatives of the people? In framing the question in those terms, however, we tend to forget that there (...)
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  42. Misled by Property.J. Penner - 2005 - Canadian Journal of Law and Jurisprudence 18 (1).
    It is not untypical for arguments about the justice of taxation to be framed in the rhetoric of property, for example by equating taxation with the taking of property by the state, a form of expropriation. An important recent example is found in Murphy and Nagel's book, The Myth of Ownership: Taxes and Justice. In this paper the author argues that the equation of taxation with expropriation is conceptually awry, and that, properly understood, justifications for property rights bear only tangentially (...)
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  43. Professor Raz, the Rule of Law, and the Tobacco Act.Devrin Froese - 2006 - Canadian Journal of Law and Jurisprudence 19 (1).
    In 2000, the BC government sued 14 “tobacco manufacturers” pursuant to the Tobacco Damages and Health Care Costs Recovery Act. The Tobacco Companies challenged the constitutionality of the legislation, alleging amongst other things that the Tobacco Act violated the rule of law. In this paper, I begin by showing that the Supreme Court of Canada adopts a formal approach to the rule of law devoid of much substantive content. This, I argue, is in line with the views of Joseph Raz. (...)
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  44. The Curious Case of Exclusionary Reasons.Emran Mian - 2002 - Canadian Journal of Law and Jurisprudence 15 (1):99-124.
    This article explores Joseph Raz's concept of exclusionary reasons and attempts to explain how this concept fits into a general account of the authority of law. That account is elucidated and the concept of exclusionary force is considered in some detail. The article suggests that if 'exclusion' is read in a strong sense, it is extremely difficult to find examples of its existence. If though it is read in any weaker sense, it appears indistinguishable from the idea of 'weight'. The (...)
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  45. Gender, Multiculturalism and Dialogue: The Case of Jewish Divorce.Lisa Fishbayn - 2008 - Canadian Journal of Law and Jurisprudence 21 (1):71-96.
    Can the law act as a catalyst to change minority practices that discriminate against women? Can civil law merely impose remedies from outside the minority culture or can legal mechanisms be devised which spur internal change? Theorists of gender and multiculturalism have argued that civil law can play a role in creating the conditions which allow, and indeed compel, cultural communities to engage in internal dialogue to transform their norms into more egalitarian ones. This article explores this thesis through considering (...)
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  46. Politician, Judges, and the Charter.L. Sumner - 2008 - Canadian Journal of Law and Jurisprudence 21 (1):227-238.
    The complaint is a familiar one: unelected, politically unaccountable judges are using their powers of judicial review to subvert the democratic process by shaping public policy in accordance with their own personal moral/political views. It is tempting to dismiss this complaint as the grumbling of those, usually on the political right, who have been disaffected by court decisions with which they personally disagree. But this temptation must be resisted, since the critics of judicial review, such as Jeremy Waldron, raise important (...)
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  47. Dignity and Membership, Equality and Egalitarianism: Economic Rights and Section 15.Christopher Essert - 2006 - Canadian Journal of Law and Jurisprudence 19 (2).
    In this paper, I attempt to clarify the ideas of equality underlying section 15 claims for benefits such as welfare and health care; I use the name ‘economic rights claims’ for these types of claims. I adopt Joseph Raz’s division of equality claims into rhetorical egalitarian claims, which are based in a failure to equally respect a universal claim , and strict egalitarian claims, which are based on an actually existing unequal distribution of resources . I show how the dignity-based (...)
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  48. Judging the Judges: ‘May They Boldly Go Where Ivan Rand Went Before’.The Honourable Ian Binnie - 2013 - Canadian Journal of Law and Jurisprudence 26 (1):5-22.
    Justice Ivan Rand was perhaps the greatest exponent of the rule of law in the history of the Supreme Court of Canada. He was a great judge. He scorned as impractical the admonition that judges should “apply the law, not make it”. His judgements frequently broke new ground, but it should be understood that in “making the law” great judges like Ivan Rand respond to fundamental considerations of order and fairness and not to personal whim. It is sometimes necessary for (...)
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  49. Performing Property: Making The World.Nicholas Blomley - 2013 - Canadian Journal of Law and Jurisprudence 26 (1):23-48.
    Scholars under the ‘Progressive Property’ banner distinguish between dominant conceptions of property, and its underlying realities. The former, exemplified by Singer’s ‘ownership model’, is said to misdescribe extant forms of ownership and misrepresent our actual moral commitments in worrisome ways. Put simply, it is argued that our representations of property’s reality are incorrect, and that these incorrect representations lead us to make bad choices. Better understandings of the reality of property should lead to better representations, and thus improved outcomes.However, the (...)
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  50. Judicial Minimalism and the Double Effect of Rules and Standards.Moshe Cohen-Eliya & Iddo Porat - 2012 - Canadian Journal of Law and Jurisprudence 25 (2):283-311.
    The aim in this article is to explore the complicated connections between standards and letting go and between rules and control. Both constitute a central tenet of Justice Roberts’ Graham concurrence, as well as a central tenet of the minimalist approach which he implicitly adopts. The tension within Roberts’ position is not conclusive. It may depend on the actual way one uses standards. If Roberts consistently uses standards de facto in a deferential way, and signals that he will not intervene, (...)
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