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  1. Critical Reception of Raz’s Theory of Authority.Kenneth Ehrenberg - 2011 - Philosophy Compass 6 (11):777-785.
    This is a canvass to the critical reaction to Joseph Raz’s service conception of authority, as well as actual or possible replies by Raz. Familiarity is assumed with the theory itself, covered in a previous article. The article focuses primarily on direct criticisms of Raz’s theory, rather than replies developed in the context of a theorist’s wider project.
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  • Legal Obligation and Reasons.Christopher Essert - 2013 - Legal Theory 19 (1):63-88.
    Legal rationalist: law claims to give its subjects reasons for action. Normative reasons intuition: Reasons for action being key, the obvious way to establish that law makes a practical difference in people's deliberations is by arguing that the law claims to give reasons for action to its subjects. Explanatory Reasons Intuition: "And while it is possible to be confused about our normative reasons, it seems unlikely that everyone is confused all the time; so the fact that people consistently take the (...)
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  • An Argument Against the Social Fact Thesis (and Some Additional Preliminary Steps Towards a New Conception of Legal Positivism).Kevin Toh - 2008 - Law and Philosophy 27 (5):445 - 504.
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  • The Inner Logic of Exclusivism : Shapiro's Shadowing.Mark Mcbride - 2019 - Ratio Juris 32 (3):363-389.
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  • The History and Foundations of Criticism of H.L.A. Hart’s Legal Positivism in R. Dworkin’s Philosophy of Law.Sofya V. Koval - 2019 - Russian Journal of Philosophical Sciences 62 (7):124-142.
    The paper discusses the Anglo-American philosophy of law of the 20th century, more specifically the philosophy of law of Ronald Myles Dworkin and his criticism of the legal positivism of Herbert Lionel Adolphus Hart. The author presents the history of the criticism of legal positivism in Ronald Dworkin’s philosophy of law and distinguishes historical stages. The subject of the study is the critique of legal positivism but not the Hart-Dworkin debate itself, well known in Western philosophy of law. The reason (...)
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  • Necessary and Universal Truths About Law?Brian Z. Tamanaha - 2017 - Ratio Juris 30 (1):3-24.
    Prominent analytical jurisprudents assert that a theory of law consists of necessary, universal truths about the nature of law. This often-repeated claim, which has not been systematically established, is critically examined in this essay. I begin with the distinction between natural kinds and social artifacts, drawing on the philosophy of society to show that necessity claims about law require a fundamental reworking of basic understandings of ontology and epistemology, which legal philosophers have not undertaken. I show law is a poor (...)
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  • The Regular Practice of Morality in Law.Michael Giudice - 2008 - Ratio Juris 21 (1):94-106.
  • Lost in the System or Lost in Translation? The Exchanges Between Hart and Ross.E. N. G. Svein - 2011 - Ratio Juris 24 (2):194-246.
    According to the received opinion there is a theoretical incompatibility between Herbert Hart's The Concept of Law and Alf Ross's On Law and Justice, and, according to the received opinion, it stems above all from Hart's emphasis on the internal point of view. The present paper argues that this reading is mistaken. The Concept of Law does not go beyond On Law and Justice in so far as both present arguments to the effect that law is based on a shared (...)
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  • Consequences of Pragmatic Conceptualism: On the Methodology Problem in Jurisprudence.Damiano Canale - 2009 - Ratio Juris 22 (2):171-186.
    Abstract. The purpose of this paper is to address some of the main issues of contemporary jurisprudential methodology by considering the contribution of Jules Coleman to this subject. After a description of Coleman's methodological approach and a clarification of its philosophical background, the paper focuses on some related problems, such as the relation between linguistic meaning and conceptual content, the nature of legal concepts, the different aspects of the normativity of content, and the revisability of conceptual truths.
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  • Legal Rights and the Limits of Conceptual Analysis: A Case Study.Charles Lowell Barzun - 2013 - Ratio Juris 26 (2):215-234.
    Legal philosophers divide over whether it is possible to analyze legal concepts without engaging in normative argument. The influential analysis of legal rights advanced by Jules Coleman and Jody Kraus some years ago serves as a useful case study to consider this issue because even some legal philosophers who are generally skeptical of the neutrality claims of conceptual analysts have concluded that Coleman and Kraus's analysis manages to maintain such neutrality. But that analysis does depend in subtle but important ways (...)
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  • Lost in the System or Lost in Translation? The Exchanges Between Hart and Ross.Svein Eng - 2011 - Ratio Juris 24 (2):194-246.
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