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Dale Smith [15]Dale E. Smith [3]
  1.  48
    Theoretical Disagreement and the Semantic Sting.Dale Smith - 2010 - Oxford Journal of Legal Studies 30 (4):635-661.
    Scott Shapiro recently suggested that Ronald Dworkin’s critique in Chapter 1 of Law’s Empire represents the greatest threat currently facing legal positivism. Shapiro had in mind, not the semantic sting argument (‘the SSA’), but rather what I call ‘the argument from theoretical disagreement’ (or ‘the ATD’). I contend that Shapiro was right to focus on the ATD, but that even he underestimated just how serious a challenge it poses to positivism (and perhaps to other theories of law as well). The (...)
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  2.  48
    Dworkin's Theory of Law.Dale Smith - 2007 - Philosophy Compass 2 (2):267–275.
  3.  23
    Law, Justice and the Unity of Value.Dale Smith - 2012 - Oxford Journal of Legal Studies 32 (2):383-400.
    Ronald Dworkin’s new book, Justice for Hedgehogs, covers an extremely broad range of philosophical issues. However, its central thesis—the ‘unity of value thesis’—is that conflicts between moral or ethical values are merely apparent and that those values are, in fact, integrated and mutually supporting. Dworkin offers several arguments in support of this thesis, but, in this review, I focus on his attempt to illustrate the unity of value thesis by showing that the best account of certain key values reveals them (...)
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  4.  41
    Has Raz Drawn the Semantic Sting?Dale Smith - 2009 - Law and Philosophy 28 (3):291 - 325.
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  5.  52
    A Phenomenological Utilization of Photographs.Robert C. Ziller & Dale E. Smith - 1977 - Journal of Phenomenological Psychology 7 (2):172-182.
  6.  9
    The Use of Meta‐Ethics in Adjudication.Dale Smith - 2003 - Oxford Journal of Legal Studies 23 (1):25-47.
    This article responds to Jeremy Waldron's claim that the truth or falsity of moral objectivism makes no difference to the arbitrariness, or otherwise, of adjudication (the ‘no‐difference thesis’). I start by outlining the way in which I believe objectivism and its opponents should be distinguished, before setting out Waldron's arguments in favour of the no‐difference thesis. I then consider a number of ambiguities in that thesis, before criticizing several attempts by Michael Moore to respond to Waldron's arguments. Having cleared the (...)
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  7.  54
    Marmor on the Arbitrariness of Constitutive Conventions.Federico José Arena, Dale Smith, Hanoch Sheinman & Andrei Marmor - 2011 - Jurisprudence 2 (2):441-506.
    Comment on Joseph Raz, From Normativity to Responsibility.
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  8.  13
    A New Type of Convention?Dale Smith - 2016 - Revus 30:69-76.
    In “Pre-conventions: A fragment of the Background”, Bruno Celano argues for the existence and philosophical significance of what he calls “pre-conventions” – a type of convention distinct from those hitherto discussed in the literature, and which transcends a number of orthodox philosophical distinctions. In these comments, I suggest that Celano may have shown that there is a distinct type of convention governing judgments of style or taste. If so, we may learn some important lessons by examining this new type of (...)
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  9.  5
    Can Anti-Objectivists Support Judicial Review?Dale Smith - 2006 - Australian Journal of Legal Philosophy 31:50-71.
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  10.  30
    Disagreeing with Waldron: Waldron on Law and Disagreement.Dale Smith - 2001 - Res Publica 7 (1):57-84.
  11.  28
    Merleau-Ponty's Indirect Ontology.Dale E. Smith - 1988 - Dialogue 27 (4):615-.
    The Epilogue reviews the findings presented by indirect ontology. First, indirect ontology discovers a consistency to The Visible and the Invisible which has been overlooked. Secondly, it provides a resolution to problems which are first uncovered in his Phenomenology of Perception, notably the connection between tacit and spoken cogitos, as well as the relationship of silence to speech. Thirdly, indirect ontology serves as a useful tool in understanding the development of Merleau-Ponty's thought from its beginning in The Structure of Behavior (...)
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  12.  36
    Must the Law Be Capable of Possessing Authority?Dale Smith - 2012 - Legal Theory 18 (1):69-100.
    Joseph Raz famously argues that given that the law necessarily claims authority and given the account of authority he provides, exclusive legal positivism is the only tenable theory of law. In this article, I contend that even if one accepts that the law necessarily claims authority and that Raz's account of authority is correct, it does not follow that exclusive legal positivism is the only tenable theory of law. This is because even if the law necessarily claims authority, it need (...)
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  13. Ronald Dworkin and the External Sceptic.Dale Smith - 2006 - Canadian Journal of Law and Jurisprudence 19 (2):433-457.
    Ronald Dworkin has repeatedly claimed that the debate between moral objectivists and anti-objectivists has no implications for legal practice or theory. He has offered two main arguments to support this claim. The first is that while assertions about the truth or falsity of moral objectivism may be intelligible, they are irrelevant to legal practice and theory. The second is more radical, namely, that no assertion can be given an intelligible meta-ethical reading. In this article, I contend that neither argument is (...)
     
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  14.  7
    Solipsism: A Perceptual Study.Dale E. Smith - unknown
  15. The Many Faces of Political Integrity.Dale Smith - 2006 - In Scott Hershovitz (ed.), Exploring Law's Empire: The Jurisprudence of Ronald Dworkin. Oxford University Press.
     
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  16.  2
    The Practice-Based Objection to the ‘Standard Picture’ of How Law Works.Dale Smith - 2019 - Jurisprudence 10 (4):502-531.
    Mark Greenberg has suggested that there is a ‘standard picture’ of how law works, according to which the contribution that a legal text makes to the content of the law is constituted by the meaning...
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  17.  18
    The Role of Conventions in Law.Dale Smith - 2011 - Jurisprudence 2 (2):451-461.
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