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Brian Bix
University of Minnesota
  1. Law, language, and legal determinacy.Brian Bix - 1993 - New York: Oxford University Press.
  2.  91
    Jurisprudence: Theory and Context.Brian Bix - 1996 - Boulder, Colo.: Westview Press.
    This introduction to legal theory provides a broad overview of the main topics and theories and covers the central issues. Written in a straightforward style, the author conveys academically challenging and often controversial ideas in a lucid manner.
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  3. Kelsen, Hart, and Legal Normativity.Brian Bix - 2018 - Revus. Journal for Constitutional Theory and Philosophy of Law / Revija Za Ustavno Teorijo in Filozofijo Prava 34:25-42.
    This article focuses on issues relating to legal normativity, emphasizing the way these matters have been elaborated in the works of Kelsen and Hart and later commentators on their theories. First, in Section 2, the author offers a view regarding the nature of law and legal normativity focusing on Kelsen's work (at least one reasonable reading of it). The argument is that the Basic Norm is presupposed when a citizen chooses to read the actions of legal officials in a normative (...)
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  4. Law, Language and Legal Determinacy.Brian Bix - 1998 - Philosophical Quarterly 48 (192):404-406.
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  5. H. L. A. Hart and the "open texture" of language.Brian Bix - 1991 - Law and Philosophy 10 (1):51 - 72.
    H. L. A. Hart and the "Open Texture" of Language tries to clarify the writings of both Hart and Friedrich Waismann on "open texture". In Waismann's work, "open texture" referred to the potential vagueness of words under extreme (hypothetical) circumstances. Hart's use of the term was quite different, and his work has been misunderstood because those differences were underestimated. Hart should not be read as basing his argument for judicial discretion on the nature of language; primarily, he was putting forward (...)
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  6.  28
    Legal interpretation and truth.Brian H. Bix - 2022 - Jurisprudence 13 (1):107-112.
    Pierluigi Chiassoni’s wonderful book, Interpretation without Truth,1 is an important and welcome addition to the ongoing conversations about interpretation, legal realism, and legal truth. Chiasson...
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  7.  50
    Raz on necessity.Brian H. Bix - 2003 - Law and Philosophy 22 (6):537 - 559.
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  8. Defeasibility and open texture.Brian H. Bix - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.
     
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  9. Natural Law: The Modern Tradition.Brian Bix - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence & Philosophy of Law. Oxford University Press.
     
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  10. Legal positivism and 'explaining' normativity and authority.Brian Bix - 2006 - American Philosophical Association Newsletter 5 (2 (Spring 2006)):5-9.
    It has become increasingly common for legal positivist theorists to claim that the primary objective of legal theory in general, and legal positivism in particular, is "explaining normativity." The phrase "explaining normativity" can be understood either ambitiously or more modestly. The more modest meaning is an analytical exploration of what is meant by legal or moral obligation, or by the authority claims of legal officials. When the term is understood ambitiously - as meaning an explanation of how conventional and other (...)
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  11. Natural law theory.Brian Bix - 2010 - In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory, 2nd ed. Blackwell.
  12.  25
    Global Error and Legal Truth.Brian H. Bix - 2009 - Oxford Journal of Legal Studies 29 (3):535-547.
    One standard criterion for there being objectivity in an area of discourse is that there is conceptual space between what someone thinks to be the case and what actually is the case. That is, participants can be mistaken. This article explores one aspect of the objectivity debate as regards law: does it make sense to say that all legal officials or practitioners in a jurisdiction are mistaken (over a significant period of time) about some legal proposition? The possibility of legal (...)
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  13. Radbruch's Formula and Conceptual Analysis.Brian Bix - 2011 - American Journal of Jurisprudence 56 (1):45-57.
  14.  79
    Conceptual Questions and Jurisprudence.Brian Bix - 1995 - Legal Theory 1 (4):465-479.
    Conceptual analysis is an integral part of legal theory, but the nature and purpose of such inquiries are often not clearly stated. In this article, I attempt to elaborate upon some of the differing reasons for conceptual analysis and what consequences may follow from choosing one objective rather than another. By showing that divergent purposes are often present in competing analyses of the same concept, I also hope to indicate why some “debates” in the jurisprudential literature are best understood as (...)
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  15.  76
    Contracts.Brian Bix - 2010 - In Franklin G. Miller & Alan Wertheimer (eds.), The Ethics of Consent: Theory and Practice. Oxford University Press.
    Consent, in terms of voluntary choice, is - or, at least, appears to be or purports to be - at the essence of contract law. Contract law, both in principle and in practice, is about allowing parties to enter arrangements on terms they choose - each party imposing obligations on itself in return for obligations another party has placed upon itself. This freedom of contract- an ideal by which there are obligations to the extent, but only to the extent, freely (...)
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  16.  30
    Robert Alexy's Radbruch Formula, and the Nature of Legal Theory.Brian Bix - 2006 - Rechtstheorie 37:139-149.
  17.  8
    Natural Law Theory.Brian Bix - 2010 - In Dennis Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Oxford, UK: Wiley‐Blackwell. pp. 209–227.
    This chapter contains sections titled: Traditional Natural Law Theory Modern Natural Law Theory Conclusion References.
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  18.  94
    Can Theories of Meaning and Reference Solve the Problem of Legal Determinacy?Brian H. Bix - 2003 - Ratio Juris 16 (3):281-295.
    A number of important legal theorists have recently argued for metaphysically realist approaches to legal determinacy grounded in particular semantic theories or theories of reference, in particular, views of meaning and reference based on the works of Putnam and Kripke. The basic position of these theorists is that questions of legal interpretation and legal determinacy should be approached through semantic meaning. However, the role of authority (in the form of lawmaker choice) in law in general, and democratic systems in particular, (...)
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  19.  99
    Legal positivism.Brian H. Bix - 2004 - In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Oxford, UK: Blackwell. pp. 29–49.
    This chapter contains section titled: History and Context Clarifications Alternative Legal Positivisms The Rule of Recognition and the Basic Norm The Divisions Within Contemporary Legal Positivism Debates and Distinctive Views Critiques of Legal Positivism Two Critics: Ronald Dworkin and John Finnis Methodological Questions and the Way Forward Conclusion Note References Further Reading.
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  20. Natural Law: The Modern Tradition.Brian Bix - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.
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  21.  21
    The Promise and Problems of Universal, General Theories of Contract Law.Brian H. Bix - 2017 - Ratio Juris 30 (4):391-402.
    There are a growing number of general theories of contract law and of other doctrinal areas. These theories are vastly ambitious in their aims. This article explores the nature of these claims, and the motivations for offering such theories, while considering the challenges to success. It is in the nature of theorizing to seek general categories, including doctrinal categories, and to try to discover insights that hold across those categories. However, differences both within a doctrinal area and across legal systems (...)
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  22. On the Nature of Legal Normativity, 37 Revus 83-91 (2019).Brian Bix - 2019 - Revus. Journal for Constitutional Theory and Philosophy of Law / Revija Za Ustavno Teorijo in Filozofijo Prava 37:83-91.
    In this response to eight commentaries on my article “Kelsen, Hart, and legal normativity” I clarify some points in my original analysis and agree with some comments regarding work that still needs to be done. In particular, I attempt to distinguish my position from both Berkeleyan idealism and mere subjective perception. I agree with the commentators who urge that more must be done to analyze the nature of normativity in general, and legal normativity in particular.
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  23.  36
    David Dyzenhaus, The Long Arc of Legality: Hobbes, Kelsen, Hart.Brian H. Bix - 2022 - Ethics 133 (2):307-310.
  24.  80
    Analyzing law: new essays in legal theory.Brian Bix (ed.) - 1998 - New York: Oxford University Press.
    Analyzing Law offers an important selection of the most influential and challenging work now being done in legal theory. A central focus of the essays in this work is the contribution of the well-known philosopher Jules Coleman to the various topics which are covered by the contributors.
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  25.  11
    Alf Ross on the Nature of Law.Brian H. Bix - 2023 - Ratio Juris 36 (1):61-71.
    In his work, On Law and Justice, Alf Ross sought to explain law in scientific/empirical terms, in terms that would require no recourse to what he called “metaphysics” or “idealism.” The result is a sort of translation of legal rules and official actions into propositions of behavior, predictions of behavior, and shared ideology. The present work raises questions about the tensions within Ross's work(s), and discusses the places where Ross's analysis seems to fall short of its ambitions. In the course (...)
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  26.  15
    Referees for Volume 7.Andrew Altman, Michael Barnhart, Avner Baz, David Benatar, Yitzhak Benbaji, Talia Bettcher, Brian Bix, Jeffrey Bland-Ballard & Lene Bomann-Larsen - 2010 - Journal of Moral Philosophy 7 (4):541-542.
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  27.  16
    A Critique of Alexy’s Claim to Correctness.Brian H. Bix - 2020 - Ratio Juris 33 (2):124-133.
    This article offers an overview of the difficulties in Robert Alexy’s idea of law’s “claim to correctness.” The inquiry takes us deep into the nature of simple communication, back out to what it means to have a theory about the nature of law, and also in the direction of wondering about the interaction of legal theory and practical reasoning—reasoning about how we should best act. The article offers reasons to question whether law in fact makes claims, at least in any (...)
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  28.  61
    A Dictionary of Legal Theory.Brian Bix - 2004 - New York: Oxford University Press.
    Modern legal theory contains a wide range of approaches and topics: from economic analysis of law to feminist legal theory to traditional analytical legal philosophy to a range of theories about justice. This healthy variety of jurisprudential work has created a problem: students and theorists working in one tradition may have difficulty understanding the concepts and terminology of a different tradition. This book works to make terminology and ways of thinking accessible. This dictionary covers topics from 'the autonomy of law' (...)
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  29.  19
    A. D. Woozley and the Concept of Right Answers in Law.Brian Bix - 1992 - Ratio Juris 5 (1):58-66.
    Abstract.In the debates about legal determinacy, an important but often neglected issue is what is meant in the legal context by saying that a question has a right answer. By way of a critique of A. D. Woozley's discussion of “right answers,” I try to show how this issue is connected with issues of legal truth, legal mistake, and precedent.
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  30.  6
    Brian Bix.Brian Bix - 2017 - Problema. Anuario de Filosofía y Teoria Del Derecho 1 (11).
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  31. Constitutions, originalism, and meaning.Brian H. Bix - 2011 - In Grant Huscroft & Bradley W. Miller (eds.), The Challenge of Originalism: Essays in Constitutional Theory. Cambridge University Press.
     
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  32.  76
    Contract Rights and Remedies, and the Divergence between Law and Morality.Brian H. Bix - 2008 - Ratio Juris 21 (2):194-211.
    There is an ongoing debate in the philosophical and jurisprudential literature regarding the nature and possibility of Contract theory. On one hand are those who argue (or assume) that there is, or should be, a single, general, universal theory of Contract Law, one applicable to all jurisdictions and all times. On the other hand are those who assert that Contract theory should be localized to particular times and places, perhaps even with different theories for different types of agreements. This article (...)
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  33.  1
    Diccionario de teoría jurídica.Brian Bix - 2012 - México: Universidad Nacional Autónoma de México. Edited by Enrique Rodríguez Trujano, Villarreal Lizárraga & A. Pedro.
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  34.  33
    Form and Formalism: The View from Legal Theory.Brian Bix - 2007 - Ratio Juris 20 (1):45-55.
  35.  26
    Family Law: Values Beyond Choice and Autonomy?Brian H. Bix - 2020 - Law and Philosophy 40 (2):163-183.
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  36.  37
    John Austin.Brian Bix - 2008 - Stanford Encyclopedia of Philosophy.
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  37. John Austin and Constructing Theories of Law.Brian Bix - 2011 - Canadian Journal of Law and Jurisprudence 24 (2):431-440.
    One of the standard criticisms of John Austin’s work is that his portrayal of law, as essentially the command of a sovereign to its subjects, does not fit well with the way law is practiced or perceived by lawyers, judges, and citizens; and since the theory “fails to fit the facts,” Austin’s theory must be rejected in favor of later theories that have better fit. Many influential modern approaches to the nature of law, including Joseph Raz’s exclusive legal positivism and (...)
     
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  38. Joseph Raz's approach to legal positivism.Brian Bix - 2021 - In Torben Spaak (ed.), The Cambridge Companion to Legal Positivism. Cambridge University Press.
     
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  39.  3
    Jurisprudence: theory and context.Brian Bix - 1996 - Boulder, Colo.: Westview Press.
    Legal theory : problems and possibilities -- Individual theories about the nature of law -- Themes and principles -- Modern perspectives on legal theory.
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  40. Kelsen in the United States: Still Misunderstood.Brian Bix - 2016 - In D. Telman (ed.), Hans Kelsen in America - Selective Affinities and the Mysteries of Academic Influence. Springer Verlag.
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  41.  81
    Law and Language: How Words Mislead Us.Brian H. Bix - 2010 - Jurisprudence 1 (1):25-38.
    Our world is full of fictional devices that let people feel better about their situation - through deception and self-deception. The legal realist, Felix Cohen, argued that law and legal reasoning is full of similarly dubious labels and bad reasoning, though of a special kind. He argued that judges, lawyers and legal commentators allow linguistic inventions and conventions to distort their thinking. Like the ancient peoples who built idols out of stone and wood and then asked them for assistance and (...)
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  42.  2
    Law and Reasons: Comments on Rodriguez-Blanco.Brian Bix - 2013 - Problema. Anuario de Filosofía y Teoria Del Derecho 1 (7):27-39.
    In Veronica Rodriguez-Blanco’s thoughtful and important article, “Reasons in Action v Triggering Reasons: A Reply to Enoch on Reason-Giving and Le- gal Normativity,” she explores with great care the nature of reason-giving, in connection with challenging David Enoch’s influential recent work on reason-giving and the law. While Rodriguez-Blanco’s article makes an important contribution to the literature on the best understanding of rea- son-giving and practical reasoning, it is not clear that an approach to rea- sons for action reformed along the (...)
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  43.  53
    Legal philosophy in America.Brian Bix - 2008 - In Cheryl Misak (ed.), The Oxford Handbook of American Philosophy. Oxford University Press.
    This article, written for the forthcoming Oxford Handbook of American Philosophy, offers an overview of the most important American contributions to legal philosophy - American legal realism, law and economics, various critical schools of jurisprudence, Lon Fuller, and Ronald Dworkin - while speculating on what might be distinctive of American legal philosophy. One obvious recurring theme is a focus on practical application in general, and adjudication (especially constitutional adjudication) in particular.
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  44. Legal philosophy in America.Brian H. Bix - 2008 - In Cheryl Misak (ed.), The Oxford handbook of American philosophy. Oxford University Press.
  45.  60
    On philosophy in american law : Analytical legal philosophy.Brian Bix - 2009 - In Francis J. Mootz & William S. Boyd (eds.), On Philosophy in American Law. Cambridge University Press.
    This short article was written for a collection on American legal philosophy today. It gives a brief overview of analytical legal philosophy, and speculates on why this theoretical approach has been consistently misunderstood in the United States, from the time of the legal realists until today.
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  46. Protestant interpretation, conventions, and legal truth.Brian Bix - 2020 - In Thomas da Rosa de Bustamante & Thiago Lopes Decat (eds.), Philosophy of law as an integral part of philosophy: essays on the jurisprudence of Gerald J. Postema. Hart Publishing, an imprint of Bloomsbury Publishing.
     
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  47.  54
    Philosophy of law.Brian Bix (ed.) - 2006 - Milton Park, Abingdon, Oxon ; New York, NY: Routledge.
    The first two volumes of the collection are devoted primarily to analytical legal theory--in particular, theories about the nature of law. This is the idea of legal philosophy most familiar to jurisprudential students in the English-speaking world, and many of the civil-law countries. The last two volumes sample schools and theorists who mostly come from outside the analytical tradition, and who are, in one sense or another, critical theorists--theorists more interested in offering systematic critiques of law or general prescriptions. The (...)
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  48. Physician-Assisted Suicide and Federalism.Brian Bix - 2003 - Notre Dame Journal of Law, Ethics and Public Policy 17 (1):53-70.
     
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  49. Reductionism and explanation in legal theory.Brian Bix - 2006 - In James W. Harris, Timothy Andrew Orville Endicott, Joshua Getzler & Edwin Peel (eds.), Properties of Law: Essays in Honour of Jim Harris. Oxford University Press.
  50.  2
    Rights: Concepts and Contexts.Brian Bix & Horacio Spector - 2012 - Routledge.
    This volume brings together the central works of recent scholarship on the nature of rights, with contributions by some of the most prominent contemporary theorists in moral, legal, and political philosophy. With approaches ranging from the political to the historical, and from the analytical to the critical, this collection touches on the major conceptual and practical questions of this important field and also offers useful introductions to emerging issues in rights theory.
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