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  1.  5
    Conditions, Fictions and the Basic Norm.Kristin Y. Albrecht - 2022 - American Journal of Jurisprudence 66 (2):279-290.
    : This paper reflects on Christoph Kletzer’s absolute positivism and puts a focus on a view of the basic norm that grounds the validity of law in the law itself. I will try to explain the significance of this idea against the backdrop of Hans Kelsen’s transformation of the basic norm from a “hypothesis” to a “fiction.” I shall argue that the goal of an ultimate foundation of the objective validity of a legal order can only be accomplished by a (...)
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  2.  1
    The End of the Affair Reviewing Joel Harrison, Post-Liberal Religious Liberty: Forming Communities of Charity.Marc O. DeGirolami - 2022 - American Journal of Jurisprudence 66 (2):409-413.
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  3.  3
    Permissions, Deontic Voids, and the Karamazov Argument.Michael S. Green - 2022 - American Journal of Jurisprudence 66 (2):291-307.
    : This essay criticizes three positions concerning permissions taken by Christoph Kletzer in his book The Idea of a Pure Theory of Law. First, Kletzer argues that Hans Kelsen should have understood X has having a legal obligation to φ if and only if someone else is permitted to exercise force upon X for not-φ-ing. Kelsen in fact had good reasons to speak of empowerment rather than only of permission. The second topic concerns the type of strong permission that Joseph (...)
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  4. Religion as a Basic Human Good.Thomas D. Howes - 2022 - American Journal of Jurisprudence 66 (2):239-267.
    : For the sake of defending the political-ethical legitimacy of religious exemptions, this article analyzes what contemporary natural law theorists call the good of religion—harmony with the transcendent source of existence and meaning. This good serves as a principle in practical judgments, not as a premise in a deductive argument, but as an end of action. Practical familiarity and explicit understanding of this good can differ among individuals, and variations of such familiarity and understanding lead to differing practical judgments concerning (...)
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  5.  2
    Philosophy, Law, and Permission.Christoph Kletzer - 2022 - American Journal of Jurisprudence 66 (2):373-393.
    : The Idea of a Pure Theory of Law presents a new jurisprudential theory based on Hans Kelsen's Pure Theory of Law. This article responds to some criticisms of that book, in particular those that question the role that permissions can play in our thinking about he law. The article begins with a brief restatement of the basic ideas behind my theory of permission and then tackles the most salient clusters of criticism. It ends with a discussion of some more (...)
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  6. Positivism’s Implosion.Maris Köpcke - 2022 - American Journal of Jurisprudence 66 (2):355-371.
    : Kletzer’s recent book The Idea of a Pure Theory illustrates the incoherence of a legal theory’s methodological commitment to “purity,” and hence to independence from moral and empirical concerns. Unlike other self-styled “positivist” accounts that pay mere lip service to this methodological agenda, Kletzer helpfully spells it out and follows it through, to the point of expunging from his account anything bearing the resemblance of an argument from first principles. He associates moral with theological reasoning, and theological reasoning in (...)
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  7.  2
    The New Formalism in Private Law.Paul B. Miller - 2022 - American Journal of Jurisprudence 66 (2):175-238.
    : Private law scholarship is experiencing a reawakening in the United States with the rise of the New Private Law. New Private Lawyers have emphasized our common commitment to the scholarly interest and practical importance held by legal concepts; a belief that private law ought to be analyzed from an internal point of view; and a conviction that functionalist and conceptual analyses of private law doctrines, procedures and institutions are, or can be, complementary. We are also joined in criticism of (...)
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  8.  4
    The Temptation of Cosmic Private Law Theory.Nathan B. Oman - 2022 - American Journal of Jurisprudence 66 (2):395-408.
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  9.  1
    Kelsen, Kletzer, and the Differentiation of Law.Frederick Schauer - 2022 - American Journal of Jurisprudence 66 (2):269-278.
    : The differentiation of law is a pervasive and crucially important topic. Although H.L.A. Hart and others have stressed how law resembles games and other institutions, Hans Kelsen’s focus on law as a “specific” social technique represents a needed focus on what makes law different, or special. Christoph Kletzer admirably follows Kelsen in focusing and what makes law unique, and Kletzer’s claim that law is unique in ordering the use of force is also a valuable contribution to the project of (...)
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  10. Kletzer’s Direttissima.N. E. Simmonds - 2022 - American Journal of Jurisprudence 66 (2):339-353.
    Kletzer believes that, by focusing upon permission, we can derive the law’s obligatory power from the idea that the world is normatively inert. In a normatively inert world, everything is permitted. Consequently, if the law operates by permitting the use of force, it requires no deep normative underpinning: it could even invoke moral nihilism as its basis. Although ingenious, this argument faces two formidable problems. Firstly, in a normatively inert world, permissions can have causal effects but no normative effects. And (...)
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  11. A Pure Theory with a Naturalistic Fallacy? A Critique of Kletzer’s Reformulation.Alexander Somek - 2022 - American Journal of Jurisprudence 66 (2):321-337.
    : Kletzer’s book is the most important and most original contribution to the project of the Pure Theory of law that we have seen in decades. The reformulation that is offered by Kletzer raises the question, however, whether it is also consistent with Kelsen’s original project. This may be doubted, for it is to be feared that Kletzer’s theory involves a variety of the naturalistic fallacy and celebrates de facto as natural law the law of the jungle. As an attempt (...)
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  12. Kletzer on Permissions.Lars Vinx - 2022 - American Journal of Jurisprudence 66 (2):309-320.
    : Kelsen argued that any legal system claims a monopoly of the legitimate use of coercive force. Where there is law, Kelsen held, uses of force are prohibited unless they are specifically authorized by the law. Christoph Kletzer's reconstruction of the Pure Theory of Law offers a more austere picture of the relation between law and coercive force. According to Kletzer, the law regulates the use of force simply by permitting it. To make good on this claim, Kletzer must show (...)
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