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Law, Morality, and Society: Essays in Honour of H. L. A. Hart

Oxford University Press (1977)

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  1. Validity, Rule of Recognition and Stability: Revisiting Analytical Concepts From the Law‐Morals Connection.Miguel Álvarez Ortega - 2012 - Ratio Juris 25 (2):247-262.
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  • A New Conventionalist Theory of Promising.Erin Taylor - 2013 - Australasian Journal of Philosophy 91 (4):667-682.
    Conventionalists about promising believe that it is wrong to break a promise because the promisor takes advantage of a useful social convention only to fail to do his part in maintaining it. Anti-conventionalists claim that the wrong of breaking a promise has nothing essentially to do with a social convention. Anti-conventionalists are right that the social convention is not necessary to explain the wrong of breaking most promises. But conventionalists are right that the convention plays an essential role in any (...)
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  • On Convention.Andrei Marmor - 1996 - Synthese 107 (3):349 - 371.
    Following the pioneering work of David Lewis, many philosophers believe that the rationale of following a convention consists in the fact that conventions are solutions to recurrent coordination problems. Margaret Gilbert has criticised this view, offering an alternative account of the nature of conventions and their normative aspect. In this paper I argue that Gilbert's criticism of Lewis and her alternative suggestions rest on serious misunderstandings. As between these two opposed views, Lewis's is closer to the truth, but I argue (...)
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  • Critical Reception of Raz’s Theory of Authority.Kenneth M. 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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  • Promising - Part 2.Ulrike Heuer - 2012 - Philosophy Compass 7 (12):842-851.
    The explanation of promising is fraught with problems. In particular the problem that promises can be valid even when nothing good comes of keeping the promise , and the bootstrapping problem with explaining how the mere intention to put oneself under an obligation can create such an obligation have been recognized since Hume’s famous discussion of the topic. In part 1, I showed that two main views of promising which attempt to solve these problems fall short of explaining the promissory (...)
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  • Jurisprudential Oaks From Mythical Acorns: The Hart-Dworkin Debate Revisited.Andrew Boon Leong Phang - 1990 - Ratio Juris 3 (3):385-398.
  • Bibliographical Essay / Legal Positivism, Natural Law, and the Hart/Dworkin Debate.Stephen W. Ball - 1984 - Criminal Justice Ethics 3 (2):68-85.
  • Promising-Part 1.Ulrike Heuer - 2012 - Philosophy Compass 7 (12):832-841.
    The explanation of promising is fraught with problems. In particular the problem that promises can be valid even when nothing good comes of keeping the promise , and the bootstrapping problem with explaining how the mere intention to put oneself under an obligation can create such an obligation have been recognized since Hume’s famous discussion of the topic. There are two influential accounts of promising, and promissory obligation, which attempt to solve the problems: The expectation account and the practice account. (...)
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  • Rules, Principles, Algorithms and the Description of Legal Systems.Stephen Utz - 1992 - Ratio Juris 5 (1):23-45.
  • Continental Normativism and Its British Counterpart: How Different Are They?Stanley L. Paulson - 1993 - Ratio Juris 6 (3):227-244.
    The separability thesis claims that the concept of law can be explicated independently of morality, the normativity thesis, that it can be explicated independently of fact. Continental normativism, prominent above all in the work of Hans Kelsen, may be characterized in terms of the coupling of these theses. Like Kelsen, H. L. A. Hart is a proponent of the separability thesis. And–a leitmotiv–both theorists reject reductive legal positivism. They do not, however, reject it for the same reasons. Kelsen's reason, in (...)
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  • Positive Law and Systemic Legitimacy: A Comment on Hart and Habermas.Eric W. Orts - 1993 - Ratio Juris 6 (3):245-278.
  • Exclusionary Reasons and the Explanation of Behaviour.Roger A. Shiner - 1992 - Ratio Juris 5 (1):1-22.
  • Norms That Confer Competence.Torben Spaak - 2003 - Ratio Juris 16 (1):89-104.
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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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