View year:

  1. The Official Story of the Law.William Baude & Stephen E. Sachs - 2023 - Oxford Journal of Legal Studies 43 (1):178-201.
    A legal system’s ‘official story’ is its shared account of the law’s structure and sources, which members of its legal community publicly advance and defend. In some societies, however, officials pay lip service to this shared account, while privately adhering to their own unofficial story instead. If the officials enforce some novel legal code while claiming fidelity to older doctrines, then which set of rules—if either—is the law? We defend the legal relevance of the official story, on largely Hartian grounds. (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  2. Law, Coercion and Folk Intuitions.Lucas Miotto, Guilherme F. C. F. Almeida & Noel Struchiner - 2023 - Oxford Journal of Legal Studies 43 (1):97-123.
    In discussing whether legal systems are necessarily coercive, legal philosophers usually appeal to thought experiments involving angels or other morally driven beings who need no coercion to organise their social lives. Such appeals have invited criticism. Critics have not only challenged the relevance of such thought experiments to our understanding of legal systems; they have also argued that, contrary to the intuitions of most legal philosophers, the ‘man on the Clapham Omnibus’ would not hold that there is law in a (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  3.  39
    Towards Non-essentialism – Tracking Rival Views of Legitimacy as a Right to Rule.Matthias Brinkmann & Johan Vorland Wibye - 2023 - Oxford Journal of Legal Studies.
    It is common in the literature to claim that legitimacy is the right to rule and that, accordingly, Hohfeldian rights analysis can be used to understand the concept. However, we argue that authors in the legitimacy literature have not generally realised the full potential of Hohfeldian analysis. We discuss extant approaches in the literature that conceptually identify legitimacy with one particular Hohfeldian incident, or, more rarely, a determinate set of incidents. Against these views, and building on parallel debates in property (...)
    Direct download  
     
    Export citation  
     
    Bookmark   1 citation  
 Previous issues
  
Next issues