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  1. The Hart-Fuller Debate Re-Revisited: A Review of Peter Cane (Ed), The Hart-Fuller Debate in the Twenty-First Century. [REVIEW]Juan Vega Gomez - 2011 - Jurisprudence 2 (1):261-271.
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  2. Institutionalising Responsibility: Implications for Jurisprudence.Nicola Lacey - 2013 - Jurisprudence 4 (1):1-19.
    In this paper, the author suggest that the historical and institutional conditions of existence of the concepts which animate legal argumentation – like the historical and institutional conditions of existence of certain forms of law – are of interest not only in their own right, but also because they raise methodological issues for jurisprudence. These include questions about the relationship between concepts and the social phenomena which they purport to categorise; about the relationship between philosophical and other forms of legal (...)
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  3. Pure Cosmopolitanism: The Theory and Politics of Kelsen's Theory of International Law. A Review of Jochen von Bernstorff, The Public International Law of Hans Kelsen: Believing in Universal Law. [REVIEW]Christoph Kletzer - 2012 - Jurisprudence 3 (2):505-508.
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  4. Two Philosophies of Law: A Review of Andrei Marmor's Philosophy of Law and John Finnis', Philosophy of Law by Matyas Bodig. [REVIEW]Matyas Bodig - 2012 - Jurisprudence 3 (1):277-293.
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  5. Legal Monism: Law, Philosophy, and Politics.Paul Gragl - 2018 - Oxford, Vereinigtes Königreich: Oxford University Press.
    In response to a climate in which respect for international law and the law of the European Union is rapidly losing ground, Paul Gragl advocates for the revival of legal monism as a solution to potentially irresolvable normative conflicts between different bodies of law. In this first comprehensive monograph on the theory as envisaged by the Pure Theory of Law of the Vienna School of Jurisprudence, the author defends legal monism against the competing theories of dualism and pluralism. -/- Drawing (...)
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  6. Recht auf Wahrheit: Zur Genese eines neuen Menschenrechts.Jose Brunner & Daniel Stahl (eds.) - 2016 - Göttingen, Germany: Wallstein.
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  7. Plato’s Legal Positivism in the Laws.Antony Hatzistavrou - 2018 - Jurisprudence 9 (2):209-235.
    ABSTRACTIn this paper I reassess the place of Plato’s Laws in the history of legal thought. The Laws has been traditionally considered to present a natural law theory of law. I argue instead that it presents a positivist account of the nature of law. Through analysis of some key passages of the Laws I argue that in that dialogue law is identified with conclusions of enkratic civic reason that may systematically conflict with precepts of substantive moral reason. I also argue (...)
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  8. Compromise and the Value of Widely Accepted Laws.Fabian Wendt - 2017 - In Christian F. Rostboll & Theresa Scavenius (eds.), Compromise and Disagreement in Contemporary Political Theory. London: Routledge. pp. 50-62.
    The article defends the claim that if some laws are (or would be) widely accepted, this provides pro tanto moral reasons to support these laws and not to support otherwise better laws that are not widely accepted. In that sense the value of having widely accepted laws provides moral reasons to make compromises in politics, and it justifies a modest and qualified status quo bias. Widely accepted laws are valuable because they reduce enforcement costs, have symbolic value, help to maintain (...)
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  9. Distinguere uno Stato da una banda di ladri. Etica e diritto nel XX secolo.Daniela Tafani (ed.) - 2014 - Bologna: Il Mulino.
    Che cosa distingue, concettualmente, l’esattore delle tasse che esiga da un uomo, a pena di sanzioni, una determinata somma di denaro, dal bandito che gli intimi, sotto la minaccia di un’arma, di consegnargli la medesima somma? È sul soddisfacimento del requisito della giustizia che si fonda, come sostenne Agostino, l’eterogeneità tra uno Stato e un’accolita di furfanti? «Se non è rispettata la giustizia, che cosa sono gli Stati, se non delle grandi bande di ladri? Perché le bande di briganti che (...)
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  10. Legal and political institutions from the perspective of analytical philosophy.N. N. Ravochkin - 2017 - Liberal Arts in Russia 6 (5):394-399.
    The article devoted to legal and political institutions comprehension from analytical philosophical tradition standpoint. The author of the article made an attempt to define political institutions through the concepts introduced in the considered legal tradition. This vision of problem solution is justified by the fact that analytical philosophy is guided by the logical analysis of the essence of the subject, indicating interconnection and interdependence of legal and political institutions that cannot be perceived today in isolation from each other. Through an (...)
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  11. Defending Why Law Matters: Responses to Commentaries.Alon Harel - 2017 - Criminal Law and Philosophy 11 (4):847-859.
    Why Law Matters examines various legal and political institutions and procedures and argues that the desirability of these institutions and procedures is not contingent and does not hinge on the prospects that these institutions are conducive to the realization of valuable ends. Instead, various legal institutions and legal procedures that are often perceived as contingent means to facilitate the realization of valuable ends matter as such.
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  12. Resisting Perspectivalism About Law: The Scope of Jurisprudential Disagreement.Triantafyllos Gkouvas - 2017 - Jurisprudence 8 (2):205-229.
    Even though the acknowledgment of the possibility of disagreement about the grounds of legal facts tends to acquire the shell of a mainstream view, the available regimentations of grounding disagreements in law limit their scope to two mutually exclusive jurisprudential variants. Ronald Dworkin’s original conception of theoretical disagreement as being about the responsibilities of government vis-à-vis its citizens is distinctly evaluative thereby excluding legal positivists from meaningful participation. An alternative descriptive variant has been recently defended by Scott Shapiro which replicates, (...)
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  13. Conflicting Lineages of International Law: Cicero, Hugo Grotius and Adam Smith on Global Property Relations.Tarik Kochi - 2017 - Jurisprudence 8 (2):257-286.
    This essay presents an interpretation of the juridical thought of Cicero, Hugo Grotius and Adam Smith. Focussing upon questions of property, capital accumulation and violence, the essay traces a tension within their writings between a social ethic of human fellowship and compassion, and, a theory of the utility of ‘unsocial’ commercial self-interest. This tension forms a key problem for the tradition of liberal international law. For Grotius and Smith one response to this tension is to attempt to reign in capitalist (...)
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  14. In Defence of Kelsenian Monism: Countering Hart and Raz.Paul Gragl - 2017 - Jurisprudence 8 (2):287-318.
    This paper discusses the main criticism launched against legal monism and the Pure Theory of Law, as envisaged by Hans Kelsen and the other proponents of the Vienna School of Jurisprudence, namely the criticism voiced by two of the most eminent legal theorists, HLA Hart and Joseph Raz. According to them, legal monism fails to offer a satisfactory theory of the identity of legal systems and it therefore simply cannot be considered a viable theory of legal systems, because it leads (...)
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  15. The Why-Question Methodology, The Guise of the Good and Legal Normativity.Veronica Rodriguez-Blanco - 2017 - Jurisprudence 8 (1):127-142.
  16. HLA Hart and the Making of the New Natural Law Theory.Santiago Legarre - 2017 - Jurisprudence 8 (1):82-98.
    This article considers HLA Hart's influence in the making of John Finnis's book Natural Law and Natural Rights. In the style of an intellectual biography it traces the history of the interaction between the two Oxford legal philosophers using their correspondence as a starting point. It also delves into Finnis's years in Africa—a period of his life both crucial for the writing of the book and utterly unknown. It argues that Hart's role was significant not only insofar as he was (...)
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  17. 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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  18. The Legal Philosophy of Hans Kelsen.Isaac Husik - 1937 - Journal of Social Philosophy and Jurisprudence 3:297.
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  19. Natural History Today.Susanna Lindberg - 2016 - Philosophy Today 60 (4):975-988.
    This essay is a broad overview of philosophy’s capacity of facing the historicity of nature. It shows why classical philosophy of history, especially Hegel, left nature outside of history, and also in what sense this kind of philosophy is outdated. Then it shows how natural sciences discovered historical phenomena since the invention of biology at the very end of the eighteenth century and especially since Darwinism, although these did not examine the philosophical presuppositions of their theories. Assuming that the challenge (...)
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  20. The Missing Link in the Hart–Dworkin Debate.Andrzej Grabowski - 2016 - Oxford Journal of Legal Studies 36 (4):929-929.
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  21. The Logical Analysis of Law as a Bridge Between Legal Philosophical Traditions. [REVIEW]Jorge Emilio Núñez - 2016 - Jurisprudence 7 (3):627-635.
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  22. The Eudaemonist Ethics of Hugo Grotius : Pre-Modern Moral Philosophy for the Twenty-First Century?Tobias Schaffner - 2016 - Jurisprudence 7 (3):478-522.
    The present article challenges the popular image of Hugo Grotius as the founder of modern moral philosophy. It establishes that he continued the dialectical search for the good life distinctive of pre-modern ethics. Key in correcting the image of Grotius as innovator—an image almost as old as his De Jure Belli ac Pacis of 1625—is the realisation that this treatise deals only of the requirements for just use of force set out in what Grotius calls ‘law in the strict sense’. (...)
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  23. A Basis for Positivist and Political Public Law: Reconciling Loughlin's Public Law with Legal Positivism.Michael Gordon - 2016 - Jurisprudence 7 (3):449-477.
    This article analyses the work of Martin Loughlin on the nature of public law, and in particular, his ostensibly strident anti-positivism. It is argued that despite this, Loughlin's work can be reconciled with a normative account of legal positivism, based on the work of Jeremy Waldron. The article maintains that Loughlin's account of public law as political jurisprudence is methodologically compatible with, and potentially even substantively complementary to, normative legal positivism. It is ultimately suggested that this reconciliation provides a methodology (...)
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  24. Legality and Irony.Alexander Somek - 2016 - Jurisprudence 7 (3):431-448.
    Modern legal positivism tries to preserve the normativity of law while abstaining from generally viewing positive laws as reasons for action. This effort is epitomised, in particular, in Raz' idea that the substance of positive law can be imparted from the detached perspective of the ‘legal man’. From that perspective, it is not stated what one ought to do, all things considered, but merely what one ought to do from the legal point of view. The first part of this article (...)
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  25. Theory of Custom, Dogmatics of Custom, Policy of Custom: On the Threefold Approach of Polish‐Russian Legal Realism.Edoardo Fittipaldi & Elena Timoshina - 2016 - Ratio Juris 29 (4).
    Proceeding from the insights of Petrażycki, Polish-Russian legal realists distinguished legal theory, legal dogmatics, and legal policy. Legal theory describes legal phenomena in a value-free way and formulates causal laws concerning those phenomena. Legal dogmatics and legal policy are, by contrast, value-laden sciences involving the subject's—i.e., the scientist's—own attitudes toward existing or imagined phenomena: Dogmatics evaluates behaviors based on the subject's adoption of given normative sources as binding, while legal policy evaluates the effects produced by given NSs based on causal (...)
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  26. A Thomistic Analysis of the Hart-Fuller Debate in Advance.Peter Karl Koritansky - forthcoming - Proceedings of the American Catholic Philosophical Association.
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  27. An Inquiry Into a Normative Concept of Legal Efficacy.Andre Santos Campos - 2016 - Ratio Juris 29 (4):460-477.
    This essay argues that legal efficacy understood as existent binding force and as dominance of a system of coercion vis-à-vis competing systems is not strictly a matter of fact, but involves what can be termed justified normativity in a factual context. The argument is divided into four sections. The first three sections describe different dimensions of a normative concept of legal efficacy applied to legal systems: efficacy as persuasiveness, as indirect communication, and as constitutive obedience. The final section focuses on (...)
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  28. The Role of Entrepreneurship in Shaping Legal Evolution.Elisabeth Krecké - 2002 - Journal des Economistes Et des Etudes Humaines 12 (2).
    This paper adopts an economic interpretation of the legal process, explaining legal change as the outcome of the complex interplay of entrepreneurial forces operating inside, as well as outside the legal system. The question of concern is whether the concept of entrepreneur as elaborated by Kirzner in a theory of the market process can be extended to understand the legal process as well. The focus on the alertness of legal decision-makers, their capacity to learn from experience and the multitude of (...)
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  29. 9. Epilogue: The Lasting Strength of Natural Law Theory in Jurisprudence.David Braybrooke - 2001 - In Natural Law Modernized. University of Toronto Press. pp. 221-242.
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  30. S. Adam Seagrave, The Foundations of Natural Morality: On the Compatibility of Natural Rights and the Natural Law. [REVIEW]Robert F. Gorman - 2015 - Catholic Social Science Review 20:135-137.
  31. Natural History Today in Advance.Susanna Lindberg - forthcoming - Philosophy Today.
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  32. Legal Culture and State Building: Liberal Constitutionalism and Droit Administratif in Early Twentieth Century Argentina.Eduardo Zimmermann - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (4):729-752.
    This paper deals with the ways in which jurists and law professors applied transnational systems of public law, in particular US constitutionalism and French droit administratif, in their approaches to the state building process in late nineteenth century Argentina. In covering these movements of adaptation of a nascent legal culture to changing ideological and political circumstances, this article attempts to illuminate the strong links between the process of institutionalization of certain academic disciplines or forms of social knowledge, and modern state (...)
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  33. Natural Justice.K. Haakonssen - unknown
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  34. “Interview with Thomas Pogge” in Fórum Jurídico at Http://Thomaspogge.Com/Revista-Forum-Juridico-Secao-Especial/, December 6, 2013. [REVIEW]Thomas W. Pogge - unknown
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  35. The Weak Natural Law Thesis and the Common Good.George Duke - 2016 - Law and Philosophy 35 (5):485-509.
    The weak natural law thesis asserts that any instance of law is either a rational standard for conduct or defective. At first glance, the thesis seems compatible with the proposition that the validity of a law within a legal system depends upon its sources rather than its merits. Mark C. Murphy has nonetheless argued that the weak natural law thesis can challenge this core commitment of legal positivism via an appeal to law’s function and defectiveness conditions. My contention in the (...)
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  36. Natural Law and Justice.William N. Nelson & Lloyd L. Weinreb - 1990 - Philosophical Review 99 (1):144.
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  37. Legal Realism and Justice.F. M. Watkins & Edwin N. Garlan - 1942 - Philosophical Review 51 (3):338.
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  38. Ten Coptic Legal Texts.W. H. Worrell, Herbert C. Youtie & A. Arthur Schiller - 1932 - Journal of the American Oriental Society 52 (4):377.
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  39. Fuller's Internal Morality of Law.Kristen Rundle - 2016 - Philosophy Compass 11 (9):499-506.
    Teased out through a playful tale about a king who failed in eight ways to make law, Lon L. Fuller's eight principles of the ‘internal morality of law’ became an important contribution to legal philosophy and rule of law theory alike. Moreover, it was Fuller's claim that his principles were not just internal to the enterprise of law, but also ‘moral’ in character, that precipitated a particular kind of ‘natural law versus legal positivism’ contest that continues among legal philosophers today. (...)
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  40. The Missing Link in the Hart–Dworkin Debate.Andrzej Grabowski - 2016 - Oxford Journal of Legal Studies 36 (3):476-481.
    Commentary by the translator on the publication of HLA Hart, ‘The New Challenge to Legal Positivism ’ 36 Oxford Journal of Legal Studies 459.
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  41. The New Challenge to Legal Positivism.Hla Hart - 2016 - Oxford Journal of Legal Studies 36 (3):459-475.
    English translation of a lecture delivered by HLA Hart on 29 October 1979 at the Autonomous University of Madrid. For commentary on the provenance of the lecture and on the methodology of its translation, see Andrzej Grabowski, ‘The Missing Link in the Hart–Dworkin Debate’ 36 Oxford Journal of Legal Studies 476.
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  42. On the Legal Logic of Social Ontology: Short Remarks on Hans Lindahl’s Fault Lines of Globalization.Massimo La Torre - 2016 - Jurisprudence 7 (2):384-391.
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  43. A-Legal Irruptions and Spatial Revolutions.Panu Minkkinen - 2016 - Jurisprudence 7 (2):401-408.
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  44. A Comment on Hans Lindahl, Fault Lines of Globalization: Legal Order and the Politics of A-Legality.Scott Veitch - 2016 - Jurisprudence 7 (2):409-418.
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  45. Planning From a Legal Point of View.Triantafyllos Gkouvas - 2016 - Jurisprudence 7 (2):341-354.
    Legality is a monograph scoring distinct contributions across the board of jurisprudential discourse. Among the most prominent arguments marshalled in this book is an impressively robust defence of reductionism about legal norms. The concept of a plan is invoked in the service of delivering a formidable task, that of disembarrassing the legal philosopher of the quest for what makes legal norms metaphysically distinct. The answer is simple, yet relies on an intricate chain of arguments: talk of legal norms is just (...)
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  46. Normativity and the Planning Theory of Law.Connie S. Rosati - 2016 - Jurisprudence 7 (2):307-324.
    In this essay, I focus on what appear to be Shapiro’s views about the normativity of law, as well as with his surprising claim that law necessarily has a moral aim. I argue that even if Shapiro offers a more compelling reply to the problem of the normativity of law than Hart offers in The Concept of Law, the moves that he makes appear to be equally available to a defender of Hart’s theory, and so in this respect, the planning (...)
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  47. Advances in Economic Theory: Volume 2: Sixth World Congress.Jean-Jacques Laffont (ed.) - 1995 - Cambridge University Press.
    This book comprises the second volume of papers presented at the Sixth World congress of the Econometric Society in Barcelona in August 1990. With papers from the world's leading specialists, it gives the reader a unique survey of the most recent advances in economic theory.
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  48. The Unsteady State: General Jurisprudence for Dynamic Social Phenomena.Keith Culver & Michael Giudice - 2017 - Cambridge University Press.
    Analytical jurisprudence often proceeds with two key assumptions: that all law is either contained in or traceable back to an authorizing law-state, and that states are stable and in full control of the borders of their legal systems. What would a general theory of law be like and do if these long-standing presumptions were loosened? The Unsteady State aims to assess the possibilities by enacting a relational approach to explanation of law, exploring law's relations to the environment, security, and technology. (...)
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  49. Can There Be an Artifact Theory of Law?Luka Burazin - 2016 - Ratio Juris 29 (3):385-401.
    The idea that particular legal institutions are artifacts is not new. However, the idea that the “law” or “legal system” is itself an artifact has seldom been directly put forward, due perhaps to the ambiguities surrounding philosophical inquiries into law. Nevertheless, such an idea has recently been invoked more often, though not always developed in detail in terms of what the characterization of the “law” or “legal system” as an artifact entails ontologically, and what consequences, if any, this has for (...)
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  50. Kelsen on Validity.Riccardo Guastini - 2016 - Ratio Juris 29 (3):402-409.
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