73 found
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  1.  31
    Social Conventions: From Language to Law: From Language to Law.Andrei Marmor - 2009 - Princeton University Press.
    Social conventions are those arbitrary rules and norms governing the countless behaviors all of us engage in every day without necessarily thinking about them, from shaking hands when greeting someone to driving on the right side of the road. In this book, Andrei Marmor offers a pathbreaking and comprehensive philosophical analysis of conventions and the roles they play in social life and practical reason, and in doing so challenges the dominant view of social conventions first laid out by David Lewis. (...)
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  2. What Is the Right to Privacy?Andrei Marmor - 2015 - Philosophy and Public Affairs 43 (1):3-26.
  3. The Case Against Moral Luck.David Enoch & Andrei Marmor - 2007 - Law and Philosophy 26 (4):405-436.
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  4.  5
    The Language of Law.Andrei Marmor - 2014 - Oxford University Press UK.
    The book builds on recent work in pragmatics and speech-act theory to explain how, and to what extent, legal content is determined by linguistic considerations. At the same time, the analysis shows that some of the unique features of communication in the legal domain - in particular, its strategic nature - can be employed to put pressure on certain assumptions in philosophy of language. This enables a more nuanced picture of how semantic and pragmatic determinants of communication work in complex (...)
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  5.  1
    Philosophy of Law.Andrei Marmor - 2010 - Princeton University Press.
    In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law--an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Is the normative content of a law entirely determined by the facts that make it a law? Are there some normative moral constraints on what (...)
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  6.  83
    Positive Law and Objective Values.Andrei Marmor (ed.) - 2001 - Clarendon Press.
    This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is.
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  7. The Pragmatics of Legal Language.Andrei Marmor - 2008 - Ratio Juris 21 (4):423-452.
    The purpose of this essay is to explore some of the main pragmatic aspects of communication within the legal context. It will be argued that in some crucial respects, the pragmatics of legal language is unique, involving considerations that are not typically present in ordinary conversational contexts. In particular, certain normative considerations that are typically settled in a regular conversational context are unresolved and potentially contentious in the legal case. On the other hand, the essay also argues that a careful (...)
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  8. Can the Law Imply More Than It Says? On Some Pragmatic Aspects of Strategic Speech.Andrei Marmor - 2011 - In Andrei Marmor & Scott Soames (eds.), Philosophical Foundations of Language in the Law. Oxford University Press, Usa.
     
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  9.  86
    An Institutional Conception of Authority.Andrei Marmor - 2011 - Philosophy and Public Affairs 39 (3):238-261.
  10.  22
    [Book Review] Interpretation and Legal Theory. [REVIEW]Andrei Marmor - 1994 - Ethics 105 (1):195-196.
  11.  86
    Legal Positivism: Still Descriptive and Morally Neutral.Andrei Marmor - 2006 - Oxford Journal of Legal Studies 26 (4):683-704.
    It has become increasingly popular to argue that legal positivism is actually a normative theory, and that it cannot be purely descriptive and morally neutral as H.L.A. Hart has suggested. This article purports to disprove this line of thought. It argues that legal positivism is best understood as a descriptive, morally neutral, theory about the nature of law. The article distinguishes between five possible views about the relations between normative claims and legal positivism, arguing that some of them are not (...)
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  12.  81
    The Rule of Law and its Limits.Andrei Marmor - 2004 - Law and Philosophy 23 (1):1-43.
    "[W]e must focus on what legalism, per se, means, and then ask why is it a good thing to have. Not less importantly, however, we must also realize that legalism can be excessive. Even if the rule of law is a good thing, too much of it may be bad. So the challenge for a theory of the rule of law is to articulate what the rule of law is, why is it good, and to what extent." "[T]he essense of (...)
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  13.  41
    What’s Left of General Jurisprudence? On Law’s Ontology and Content.Andrei Marmor - 2018 - Jurisprudence 10 (2):151-170.
    ABSTRACTThe aim of this paper is to show that general jurisprudence is in no need of reinvention. The sentiment shared by many contemporary legal philosophers that theories about the nature of law...
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  14.  17
    Law in the Age of Pluralism.Andrei Marmor - 2007 - Oup Usa.
    Law in the Age of Pluralism contains a collection of essays on the intersection of legal and political philosophy. Written within the analytical tradition in jurisprudence, the collection covers a wide range of topics, such as the nature of law and legal theory, the rule of law, the values of democracy and constitutionalism, moral aspects of legal interpretation, the nature of rights, economic equality, and more. The essays in this volume explore issues where law, morality and politics meet, and discuss (...)
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  15.  33
    Law as Authoritative Fiction.Andrei Marmor - 2018 - Law and Philosophy 37 (5):473-497.
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  16.  7
    Index.Andrei Marmor - 2009 - In Social Conventions: From Language to Law. Princeton University Press. pp. 183-186.
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  17. Interpretation in Legal Theory.Andrei Marmor (ed.) - 1990 - Hart Publishing.
    Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...)
     
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  18. 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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  19. Exclusive Legal Positivism.Andrei Marmor - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence & Philosophy of Law. Oxford University Press.
     
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  20.  55
    Deep Conventions.Andrei Marmor - 2007 - Philosophy and Phenomenological Research 74 (3):586-610.
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  21.  32
    Meaning and Belief in Constitutional Interpretation.Andrei Marmor - unknown
    The distinction between a concept and its different conceptions plays a prominent role in debates about constitutional interpretation. Proponents of a dynamic reading of the Constitution-espousing interpretation of constitutional concepts according to their contemporary understandings typically rely on the idea that the Constitution entrenches only the general concepts it deploys, without authoritatively favoring any particular conception of them-specifically, without favoring the particular conception of the relevant concept that the framers of the Constitution may have had in mind. Originalists argue, to (...)
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  22.  80
    The Nature of Law.Andrei Marmor - 2008 - Stanford Encyclopedia of Philosophy.
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  23.  74
    Legal Conventionalism.Andrei Marmor - 1998 - Legal Theory 4 (4):509-531.
    There are two questions I would like to address in this article. The first and main question is whether there are rules of recognition, along the lines suggested by H.L.A. Hart. The second question concerns the age-old issue of the autonomy of law. One of the main purposes of this article is to show how these two issues are closely related. The concept of a social convention is the thread holding these two points tightly knit in one coil. Basically, I (...)
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  24.  59
    The Dilemma of Authority.Andrei Marmor - 2011 - Jurisprudence 2 (1):121-141.
    The normal way to establish that a person has authority over another requires a rule-governed institutional setting. To have authority is to have power, in the juridical sense of the term, and power can only be conferred by norms constituting it. Power-conferring norms are essentially institutional, and the obligation to comply with a legitimate authority's decree is, first and foremost, institutional in nature. The main argument presented in this essay is that an explanation of practical authorities is a two-stage affair: (...)
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  25.  37
    Authority, Equality and Democracy.Andrei Marmor - 2005 - Ratio Juris 18 (3):315-345.
    . The purpose of this essay is to argue that considerations of fairness play an essential role in the justification of democratic decision procedures. The first part argues that considerations of fairness form part of a practical authority's legitimacy, and that in the political context, those considerations of fairness entail a principle of equal distribution of political power. Subsequently, the article elaborates on the kind of equality which is required in democratic procedures, arguing that different principles of equality should apply (...)
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  26.  26
    How Law is Like Chess.Andrei Marmor - 2006 - Legal Theory 12 (4):347-371.
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  27. The Routledge Companion to Philosophy of Law.Andrei Marmor (ed.) - 2012 - Routledge.
    _The Routledge Companion to the Philosophy of Law_ provides a comprehensive, non-technical philosophical treatment of the fundamental questions about the nature of law. Its coverage includes law's relation to morality and the moral obligations to obey the law, the main philosophical debates about particular legal areas such as criminal responsibility, property, contracts, family law, law and justice in the international domain, legal paternalism and the rule of law. The entirely new content has been written specifically for newcomers to the field, (...)
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  28.  36
    Soft Law, Authoritative Advice and Non-Binding Agreements.Andrei Marmor - 2019 - Oxford Journal of Legal Studies 39 (3):507-525.
    One of the most fascinating developments in the domain of international law in the last few decades is the astonishing proliferation of non-binding legal instruments or soft law, namely, norms or directives explicitly avoiding the imposition of legal obligations on the relevant parties. From a philosophical perspective, this is rather puzzling: how can we explain the idea of a non-binding directive or a non-binding contract? In this article I aim to provide an account of the rationale of soft law from (...)
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  29. Exclusive Legal Positivism.Andrei Marmor - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.
     
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  30.  20
    The Routledge Companion to Philosophy of Law.Andrei Marmor (ed.) - 2011 - Routledge.
    _The Routledge Companion to the Philosophy of Law_ provides a comprehensive, non-technical philosophical treatment of the fundamental questions about the nature of law. Its coverage includes law’s relation to morality and the moral obligations to obey the law, the main philosophical debates about particular legal areas such as criminal responsibility, property, contracts, family law, law and justice in the international domain, legal paternalism and the rule of law. The entirely new content has been written specifically for newcomers to the field, (...)
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  31. Deep Conventions.Andrei Marmor - 2007 - Philosophy and Phenomenological Research 74 (3):586-610.
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  32. Conventions, Reasons and the Law.Andrei Marmor - 2019 - In Josep Vilajosana & Lorena Ramírez-Ludeña (eds.), Legal Conventionalism. Springer Verlag.
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  33. Legal Conventionalism.Andrei Marmor - 2001 - In Jules L. Coleman (ed.), Hart's Postscript: Essays on the Postscript to `the Concept of Law'. Oxford University Press.
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  34.  27
    Two Rights of Free Speech.Andrei Marmor - 2018 - Ratio Juris 31 (2):139-159.
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  35.  99
    Law and Interpretation: Essays in Legal Philosophy.Andrei Marmor (ed.) - 1995 - Oxford University Press.
    Interest in interpretation has emerged in recent years as one of the main intellectual paradigms of legal scholarship. This collection of new essays in law and interpretation provides the reader with an overview of this important topic, written by some of the most distinguished scholars in the field. The book begins with interpretation as a general method of legal theorizing, and thus provides critical assessment of the recent "interpretative turn" in jurisprudence. Further chapters include essays on the nature of interpretation, (...)
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  36. Philosophical Foundations of Language in the Law.Andrei Marmor & Scott Soames (eds.) - 2011 - Oxford University Press, Usa.
    Machine generated contents note: -- 1. The Value of Vagueness, Timothy Endicott -- 2. Vagueness and the Guidance of Action, Jeremy Waldron -- 3. What Vagueness and Inconsistency tell us about Interpretation, Scott Soames -- 4. Textualism and the Discovery of Rights, John Perry -- 5. The Intentionalism of Textualism, Stephen Neale -- 6. Can the Law Imply More than It Says? On some pragmatic aspects of Strategic Speech, Andrei Marmor -- 7. Modeling Legal Rules, Richard Holton -- 8. Trying (...)
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  37.  30
    Should Like Cases Be Treated Alike?Andrei Marmor - 2005 - Legal Theory 11 (1):27-38.
  38.  35
    Authorities and Persons.Andrei Marmor - 1995 - Legal Theory 1 (3):337-359.
    In this article I want to support a certain conception of legal authority. The question I want to address is this: Is it possible to attribute legal authority to a given norm if its authority does not derive from the authority of someone who has issued that norm? Basically, I will try to defend here a negative answer to this question, espousing a personal conception of authority.
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  39.  19
    On the Limits of Rights.Andrei Marmor - 1997 - Law and Philosophy 16 (1):1-18.
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  40. The Intrinsic Value of Economic Equality.Andrei Marmor - 2003 - In Lukas H. Meyer, Stanley L. Paulson & Thomas Winfried Menko Pogge (eds.), Rights, Culture, and the Law: Themes From the Legal and Political Philosophy of Joseph Raz. Oxford University Press. pp. 127--41.
     
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  41. Preface.Andrei Marmor - 2009 - In Social Conventions: From Language to Law. Princeton University Press.
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  42. Are Constitutions Legitimate.Andrei Marmor - 2007 - Canadian Journal of Law and Jurisprudence 20 (1):69-94.
    This paper argues that constitutionalism raises some serious concerns of moral legitimacy. Following a preliminary outline of the main features of constitutionalism, the paper presents some of the main moral concerns about the legitimacy of constitutions. It then considers in detail a number of arguments which purport to answer those concerns, arguing that they all fail to meet the challenge. The paper concludes with a brief outline of some of the moral implications of this failure and some suggestions for reform.
     
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  43. Conventions Revisited: A Reply to Critics.Andrei Marmor - 2011 - Jurisprudence 2 (2):493-506.
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  44. Routledge Companion to the Philosophy of Law.Andrei Marmor (ed.) - forthcoming - Routledge.
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  45.  20
    Handbook of Legal Reasoning and Argumentation.Colin Aitken, Amalia Amaya, Kevin D. Ashley, Carla Bagnoli, Giorgio Bongiovanni, Bartosz Brożek, Cristiano Castelfranchi, Samuele Chilovi, Marcello Di Bello, Jaap Hage, Kenneth Einar Himma, Lewis A. Kornhauser, Emiliano Lorini, Fabrizio Macagno, Andrei Marmor, J. J. Moreso, Veronica Rodriguez-Blanco, Antonino Rotolo, Giovanni Sartor, Burkhard Schafer, Chiara Valentini, Bart Verheij, Douglas Walton & Wojciech Załuski (eds.) - 2011 - Dordrecht, Netherland: Springer Verlag.
    This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...)
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  46.  44
    Jeremy Waldron, Law and Disagreement and The Dignity of Legislation:Law and Disagreement;The Dignity of Legislation.Andrei Marmor - 2002 - Ethics 112 (2):410-415.
  47.  23
    Do We Have a Right to Common Goods?Andrei Marmor - 2001 - Canadian Journal of Law and Jurisprudence 14 (2):213-225.
    The essay explores the question of whether people can have a right to common goods, such as the flourishing of their culture or national heritage. It first explains the concept of a common good and its distinction from other similar concepts, such as collective and public goods. Second, it argues that individuals ought not to have a right to common goods, unless a particular distributive principle applies to the good in question, and then the individual's right is the right to (...)
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  48. Is Literal Meaning Conventional?Andrei Marmor - 2008 - Topoi 27 (1-2):101-113.
    This paper argues that the literal meaning of words in a natural language is less conventional than usually assumed. Conventionality is defined in terms that are relative to reasons; norms that are determined by reasons are not conventions. The paper argues that in most cases, the literal meaning of words—as it applies to their definite extension—is not conventional. Conventional variations of meaning are typically present in borderline cases, of what I call the extension-range of literal meaning. Finally, some putative and (...)
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  49. On The Right to Private Property and Entitlement to One’s Income.Andrei Marmor - 2005 - Canadian Journal of Law and Jurisprudence 18 (1).
    In this short essay I argue that the main insight of Murphy and Nagel’s book, The Myth of Ownership, that people have no right to their pre-tax income, is not supported by their claim that the right to private property is not a natural right. The non-naturalness of the right to private property, I argue, is irrelevant to their moral argument. The plausibility of their moral conclusion derives from the thesis that people have a right to the fruits of their (...)
     
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  50.  21
    On the Limits of Rights.Andrei Marmor - 1997 - Law and Philosophy 16 (1):1-18.
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