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  1. A critique of strong Anti-Archimedeanism: metaethics, conceptual jurisprudence, and legal disagreements.Pablo A. Rapetti - 2022 - Synthese 200 (2):1-27.
    This paper is divided into two parts. In the first one I distinguish between weak and strong Anti-Archimedeanisms, the latter being the view that metaethics, just as any other discipline attempting to work out a second-order conceptual, metaphysical non-committed discourse about the first-order discourse composing normative practices, is conceptually impossible or otherwise incoherent. I deal in particular with Ronald Dworkin’s famous exposition of the view. I argue that strong Anti-Archimedeanism constitutes an untenable philosophical stance, therefore making logical space for the (...)
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  • Legal Interpretation, Conceptual Ethics, and Alternative Legal Concepts.David Plunkett - 2023 - Ratio Juris 36 (4):286-313.
    When legal theorists ask questions about legal interpretation—such as what it fundamentally is, what it aims at, or how it should work—they often do so in ways closely tethered to existing legal practice. For example: they try to understand how an activity legal actors (purportedly) already engage in should be done better, such as how judges can better learn about the content of the law. In this paper, I discuss a certain kind of “conceptual ethics” approach to thinking about legal (...)
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  • Negotiating the Meaning of “Law”: The Metalinguistic Dimension of the Dispute Over Legal Positivism.David Plunkett - 2016 - Legal Theory 22 (3-4):205-275.
    One of the central debates in legal philosophy is the debate over legal positivism. Roughly, positivists say that law is ultimately grounded in social facts alone, whereas antipositivists say it is ultimately grounded in both social facts and moral facts. In this paper, I argue that philosophers involved in the dispute over legal positivism sometimes employ distinct concepts when they use the term “law” and pick out different things in the world using these concepts. Because of this, what positivists say (...)
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  • Theoretical Disagreement, Legal Positivism, and Interpretation.Dennis Patterson - 2018 - Ratio Juris 31 (3):260-275.
    Ronald Dworkin famously argued that legal positivism is a defective account of law because it has no account of Theoretical Disagreement. In this article I argue that legal positivism—as advanced by H.L.A. Hart—does not need an account of Theoretical Disagreement. Legal positivism does, however, need a plausible account of interpretation in law. I provide such an account in this article.
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  • New directions in legal expressivism.Matthew X. Etchemendy - 2016 - Legal Theory 22 (1):1-21.
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  • Legislative Intentions and Counterfactu‐als: Or, What One Can Still Learn from Dworkin's Critique of Legal Positivism.Damiano Canale & Giovanni Tuzet - 2023 - Ratio Juris 36 (1):26-47.
    Riggs v. Palmerhas become famous since Dworkin used it to show that legal positivism is defective. The debate over the merits of Dworkin's claims is still very lively. Yet not enough attention has been paid to the fact that the content of the statute at issue inRiggswas given by thecounterfactual intentionof the legislature. According to arguments from legislative intent, a judicial decision is justified if it is based on the lawmaker's intention. But can legislative intentions be determined counterfactually? More generally, (...)
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  • Quasi-Expressivism about Statements of Law: A Hartian Theory.Stephen Finlay & David Plunkett - 2018 - In John Gardner, Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law, vol. 3. Oxford University Press. pp. 49-86.
    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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  • Meta-Ethical Quietism? Wittgenstein, Relaxed Realism, and Countercultures in Meta-Ethics.Farbod Akhlaghi - forthcoming - In Jonathan Beale & Richard Rowland (eds.), Wittgenstein and Contemporary Moral Philosophy.
    Ludwig Wittgenstein has often been called a quietist. His work has inspired a rich and varied array of theories in moral philosophy. Some prominent meta-ethicists have also been called quietists, or ‘relaxed’ as opposed to ‘robust’ realists, sometimes with explicit reference to Wittgenstein in attempts to clarify their views. In this chapter, I compare and contrast these groups of theories and draw out their importance for contemporary meta-ethical debate. They represent countercultures to contemporary meta-ethics. That is, they reject in different (...)
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  • Common ground and grounds of law.Marat Shardimgaliev - forthcoming - Journal of Legal Philosophy.
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