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Brian Bix
University of Minnesota
  1.  43
    Raz on Necessity.Brian H. Bix - 2003 - Law and Philosophy 22 (6):537 - 559.
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  2.  17
    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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  3.  17
    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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  4.  69
    Legal Positivism.Brian H. Bix - 2005 - In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Blackwell.
  5.  82
    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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  6.  6
    A Critique of Alexy’s Claim to Correctness.Brian H. Bix - 2020 - Ratio Juris 33 (2):124-133.
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  7.  19
    Book ReviewsPeter Cane,. Responsibility in Law and Morality.Oxford: Hart Publishing, 2002. Pp. Xii+303. £28.00 ; £18.95. [REVIEW]Brian H. Bix - 2006 - Ethics 117 (1):124-127.
  8. 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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  9.  66
    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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  10. 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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  11.  8
    Family Law: Values Beyond Choice and Autonomy?Brian H. Bix - 2021 - Law and Philosophy 40 (2):163-183.
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  12.  64
    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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  13.  29
    Reason, Morality, and Law: The Philosophy of John Finnis, Edited by John Keown and Robert P. George. [REVIEW]Brian H. Bix - 2015 - Mind 124 (496):1309-1312.
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  14.  40
    Shapiro, Scott J. Legality. Cambridge, MA: Belknap Press of Harvard University Press, 2011. Pp. 472. $39.95. [REVIEW]Brian H. Bix - 2012 - Ethics 122 (2):444-448.
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