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  1. Synthesizing Related Rules From Statutes and Cases for Legal Expert Systems.Layman E. Allen, Sallyanne Payton & Charles S. Saxon - 1990 - Ratio Juris 3 (2):272-318.
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  2. Some Logico-Semantical Themes in Karl Olivecrona's Philosophy of Law: A Non-Exegetical Approach.Lennart Åqvist - 2008 - Theoria 74 (4):271-294.
    The paper deals with certain issues with which Olivecrona was mainly concerned in his Philosophy of Law, notably (i) his views about the logical or syntactical form of imperatives as used in the law, and (ii) his views on the semantics of imperatives in the law and on the question whether and to what extent the notions of truth and falsity are applicable to those imperatives at all. In the light of an important critical notice of Olivecrona's work by Marc-Wogau (...)
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  3. On the Fiction of the Retroaction of the Condition in Contracts.Giuliano Bacigalupo - 2016 - Philosophia Scientae 20:167-183.
    In this paper, I focus on the fiction of the retroaction of the condition in contracts, a very old tool of law which may be traced back to Roman antiquity. In the first part, I introduce the notion of a contract with a suspensive condition, i.e. a contract whose efficacy is subordinated to a future uncertain event. As will be addressed in the second part, this kind of contracts is often linked to the fiction of the retroaction of the condition (...)
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  4. Quasi-Expressivism About Statements of Law: A Hartian Theory.Stephen Finlay & David Plunkett - forthcoming - In John Gardner, Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law, vol. 3. Oxford University Press.
    Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This consists in a (...)
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  5. Vagueness and Law. Philosophical and Legal Perspectives.Keil Geert & Ralf Poscher - 2016 - In Geert Keil & Ralf Poscher (eds.), Vagueness and Law. Philosophical and Legal Perspectives. Oxford: Oxford university Press. pp. 1-20.
    Vague expressions are omnipresent in natural language. As such, their use in legal texts is virtually inevitable. If a law contains vague terms, the question whether it applies to a particular case often lacks a clear answer. One of the fundamental pillars of the rule of law is legal certainty. The determinacy of the law enables people to use it as a guide and places judges in the position to decide impartially. Vagueness poses a threat to these ideals. In borderline (...)
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  6. Vagueness and Law: Philosophical and Legal Perspectives.Geert Keil & Ralf Poscher (eds.) - 2016 - Oxford University Press.
    Vague expressions are omnipresent in natural language. Their use in legal texts is inevitable. A law phrased in vague terms will often leave it indeterminate whether it applies to a particular case. This places the law at odds with legal values. One of the fundamental pillars of the rule of law is legal certainty. The determinacy of the law enables people to use it as a guide and allows judges make impartial decisions. Vagueness poses a threat to these ideals. In (...)
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  7. Assessment Sensitivity in Legal Discourse.Andrej Kristan & Massimiliano Vignolo - forthcoming - Inquiry : An Interdisciplinary Journal of Philosophy:1-28.
    We explain three phenomena in legal discourse in terms of MacFarlane’s assessment-sensitive semantics: incompatible applications of law, assessments of statements about what is legally the case, and retrospective overruling. The claim is that assessment sensitivity fits in with the view, shared by many legal theorists at least with respect to hard cases, that the final adjudicator’s interpretation of legal sources is constitutive of the applied norm. We argue that there are strong analogies between certain kinds of statements in legal discourse (...)
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  8. Corporate Speech in Citizens United Vs. Federal Election Commission.Kirk Ludwig - 2016 - SpazioFilosofico 16:47-79.
    In its January 20th, 2010 decision in Citizens United vs. Federal Election Commission, the United States Supreme Court ruled that certain restrictions on independent expenditures by corporations for political advocacy violate the First Amendment of the Constitution, which provides that “Congress shall make no law […] abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Justice Kennedy, writing for the 5-4 majority, (...)
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  9. Interpreting Straw Man Argumentation.Fabrizio Macagno - 2017 - Amsterdam: Springer.
    This book shows how research in linguistic pragmatics, philosophy of language, and rhetoric can be connected through argumentation to analyze a recognizably common strategy used in political and everyday conversation, namely the distortion of another’s words in an argumentative exchange. Straw man argumentation refers to the modification of a position by misquoting, misreporting or wrenching the original speaker’s statements from their context in order to attack them more easily or more effectively. Through 63 examples taken from different contexts (including political (...)
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  10. Does Legal Interpretation Need Paul Grice?Marcin Matczak - 2016 - Polish Journal of Philosophy 10 (1):67-87.
    By significantly diminishing the role intentions play in communication, in Imagination and Convention Lepore and Stone attempt to overthrow the Gricean paradigm which prevails in the philosophy of language. The approach they propose is attractive to theorists of legal interpretations for many reasons. Primary among these is that the more general dispute in the philosophy of language between Griceans and non-Griceans mirrors the dispute between intentionalists and non-intentionalists in legal interpretation. The ideas proposed in Imagination and Convention naturally support the (...)
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  11. Why Judicial Formalism is Incompatible with the Rule of Law.Matczak Marcin - manuscript
  12. Can Metalinguistic Negotiations and 'Conceptual Ethics' Rescue Legal Positivism?Teresa Marques - 2017 - In Alessandro Capone & Francesca Poggi (eds.), Pragmatics and Law: Practical and Theoretical Perspectives. Barcelona: Springer. pp. 223-241.
    In recent years, David Plunkett and Tim Sundell have published a series of interesting articles that made an original use of resources from linguistics and philosophy of language to reply to arguments for legal antipositivism, the thesis according to which moral or value facts are part of what determines what the law is in a given jurisdiction at a given time. Plunkett and Sundell’s strategy for resisting antipositivism appeals to the notion of a metalinguistic negotiation, which incorporates the notion of (...)
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  13. Law as Fact.Karl Olivecrona - 1939 - London: Stevens.