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Dan Priel [20]Danny Priel [7]Dan Guerrero Priel [1]
  1.  15
    Is There One Right Answer to the Question of the Nature of Law?Dan Priel - 2013 - In Wilfrid J. Waluchow & Stefan Sciaraffa (eds.), Philosophical Foundations of the Nature of Law. Oxford University Press. pp. 322.
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  2.  46
    Trouble for legal positivism?Danny Priel - 2006 - Legal Theory 12 (3):225-263.
    Many contemporary legal positivists have argued that legal theory is evaluative because it requires the theorist to make judgments of importance. At the same time they argue that it is possible to know without resort to evaluative considerations. I distinguish between two senses of : in one sense it refers to legal validity, in another to the content of legal norms, and I argue that legal positivism is best understood (as indeed some legal positivists have explicitly said) as a claim (...)
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  3.  24
    Farewell to the Exclusive–Inclusive Debate.Danny Priel - 2005 - Oxford Journal of Legal Studies 25 (4):675-696.
  4.  86
    Sanction and obligation in Hart's theory of law.Danny Priel - 2008 - Ratio Juris 21 (3):404-411.
    Abstract. The paper begins by challenging Hart's argument aimed to show that sanctions are not part of the concept of law. It shows that in the "minimal" legal system as understood by Hart, sanctions may be required for keeping the legal system efficacious. I then draw a methodological conclusion from this argument, which challenges the view of Hart (and his followers) that legal philosophy should aim at discovering some general, politically neutral, conceptual truths about law. Instead, the aim should be (...)
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  5.  60
    The boundaries of law and the purpose of legal philosophy.Danny Priel - 2008 - Law and Philosophy 27 (6):643 - 695.
    Many of the current debates in jurisprudence focus on articulating the boundaries of law. In this essay I challenge this approach on two separate grounds. I first argue that if such debates are to be about law, their purported subject, they ought to pay closer attention to the practice. When such attention is taken it turns out that most of the debates on the boundaries of law are probably indeterminate. I show this in particular with regard to the debate between (...)
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  6.  17
    Legal Positivism and Naturalistic Explanation of Action.Dan Priel - 2024 - Law and Philosophy 43 (1):31-59.
    It is natural to think of legal positivism and jurisprudential naturalism as intellectually allied ideas. Legal positivism is associated with the idea that law is a matter of social fact; naturalism is a philosophical tenet that, among other things suggests the importance of scientific findings and methods to philosophy. At the very least, there seems to be a close family resemblance between the two views. In this essay, I challenge this view from a naturalistic perspective. I show that the best-known (...)
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  7.  22
    Criminalization, Legitimacy, and Welfare.Dan Priel - 2018 - Criminal Law and Philosophy 12 (4):657-676.
    A standard view about criminal law distinguishes between two kinds of offenses, “mala in se” and “mala prohibita.” This view also corresponds to a distinction between two bases for criminalization: certain acts should be criminalized because they are moral wrongs; other acts may be criminalized for the sake of promoting overall welfare. This paper aims to show two things: first, that allowing for criminalization for the sake of promoting welfare renders the category of wrongfulness crimes largely redundant. Second, and more (...)
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  8.  61
    Were the legal realists legal positivists?Danny Priel - 2008 - Law and Philosophy 27 (4):309 - 350.
    Responds to Leiter's naturalist/realist approach to jurisprudence - particularly his claim that such an approach implies exclusive positivism. Considers analogy with naturalized epistemology. "With regard to the first step the realists were anti-foundationalists in the sense that they 'denied that legal reasons justify a unique decision: the legal reasons underdetermine the decision '. The second step, the replacement suggests that instead of a justificatory account of adjudication, i.e. some prescription as to how judges should decide cases, the reaslists provided an (...)
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  9.  3
    Reconstructing Fuller’s Argument Against Legal Positivism.Dan Priel - 2013 - Canadian Journal of Law and Jurisprudence 26 (2):399-413.
    The purpose of this essay is to offer a reconstruction of Lon Fuller’s critique of Hart’s legal positivism. I show that contrary to the claims of Fuller’s many critics, one can derive from his work a clear and powerful argument against legal positivism, at least in the guise found in the work of H.L.A. Hart. The essence of the argument is that Fuller’s principles of legality posit that the same considerations that count for law’s excellence are relevant also for the (...)
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  10.  8
    Dan Priel.Dan Guerrero Priel - 2017 - Problema. Anuario de Filosofía y Teoria Del Derecho 1 (11).
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  11. Analytic jurisprudence in time.Dan Priel - 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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  12. Almost naturalism : the jurisprudence of Ronald Dworkin.Dan Priel - 2023 - In Thomas da Rosa de Bustamante & Margaret Martin (eds.), New essays on the Fish-Dworkin debate. Hart Publishing, An Imprint of Bloomsbury Publishing.
     
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  13.  45
    Action, Politics, and the Normativity of Law.Dan Priel - 2017 - Jurisprudence 8 (1):118-126.
  14.  11
    Bentham’s Public Utilitarianism and Its Jurisprudential Significance.Dan Priel - 2021 - Ratio Juris 34 (4):415-437.
    One of the ways by which Gerald Postema’s Bentham and the Common Law Tradition revolutionized the study of Bentham’s jurisprudence was by challenging the idea, made popular by Hart (both in his jurisprudential work and his interpretation of Bentham), that the study of law in general is normatively neutral. Against this view, Postema argued that one must understand Bentham’s views on law and jurisprudence in relation to his utilitarianism. At the time of publishing the book, Bentham went very much against (...)
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  15.  9
    Bentham’s Public Utilitarianism and Its Jurisprudential Significance.Dan Priel - 2021 - Ratio Juris 34 (4):415-437.
    Ratio Juris, Volume 34, Issue 4, Page 415-437, December 2021.
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  16.  72
    Description and Evaluation in Jurisprudence.Dan Priel - 2010 - Law and Philosophy 29 (6):633-667.
    In the last three decades or so a prominent view among legal philosophers has been that while legal theory is evaluative because it requires making judgments of importance, it can remain morally neutral. This view, which I call the ‘orthodox view’, was first articulated by Joseph Raz and has since been supported by many other prominent legal philosophers. In this essay I examine it, and argue that it is indefensible. I begin by examining the terms ‘description’ and ‘evaluation’, and show (...)
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  17. Free-floating from Reality.Dan Priel - 2008 - Canadian Journal of Law and Jurisprudence 21 (2):429-445.
    Matthew Kramer has recently proposed a distinction between norms that are free-floating and those that are not. The distinction, he argued, enables us to distinguish between norms that can be incorporated into the law and those that cannot. In this essay I argue that his distinction is based on several theoretical errors, and that even if it were successful, it is unclear why his distinction is relevant for the question of the boundaries between law and morality. I also provide many (...)
     
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  18.  3
    H. L. A. Hart and the Invention of Legal Philosophy.Dan Priel - 2011 - Problema. Anuario de Filosofía y Teoria Del Derecho 1 (5):301-323.
    In this essay I argue that in some sense legal philosophy, at least as the term is now understood among analytic jurisprudents in the Anglophone world, is to a large extent a creation of H. L. A. Hart’s work. It is with him that the search for the concept or the nature of law was one established as an independent object of inquiry, that consciously tried to avoid moral or political questions. In framing the province of jurisprudence in this way (...)
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  19. Jurisprudence and psychology.Dan Priel - 2011 - In Maksymilian Del Mar (ed.), New Waves in Philosophy of Law. Palgrave-Macmillan.
     
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  20.  20
    Law as a Social Construction and Conceptual Legal Theory.Dan Priel - 2019 - Law and Philosophy 38 (3):267-287.
    A currently popular view among legal positivists is that law is a social construction. Many of the same legal philosophers also argue that before one can study law empirically, one needs to know what it is. At the heart of this paper is the claim that these two propositions are inconsistent. It presents the following dilemma: if law is a social construction like all other social constructions, then legal philosophers have to explain what philosophers have to contribute to understanding it. (...)
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  21.  25
    Marmor, Andrei. Philosophy of Law. Princeton, NJ: Princeton University Press, 2011. Pp. 184. $22.95.Dan Priel - 2012 - Ethics 122 (3):612-617.
  22.  25
    Notes . Discussion . Book reviews rights and conclusive reasons.Danny Priel - 2005 - Ratio Juris 18 (3):410-414.
  23.  34
    Thinking like a lawyer.Dan Priel - manuscript
    Many legal theorists have argued that analogical reasoning is merely rule-following in which the general rule is not stated. Lloyd Weinreb's tries to defend the practice of analogical reasoning on its own terms. He does so by giving examples of the way people use analogical reasoning, both in legal and non-legal contexts, as a means for deciding how to act in particular circumstances. By itself such evidence does not support Weinreb's case, because to justify analogy he must show that analogical (...)
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  24.  2
    The place of responsibility in tort liability.Dan Priel - 2019 - Jurisprudence 10 (3):396-407.
    Volume 10, Issue 3, September 2019, Page 396-407.
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  25.  2
    The Politics of Legal Theory Revisisted.Dan Priel - 2023 - Netherlands Journal of Legal Philosophy 52 (Pre-publications).
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  26.  25
    Review of Larry Alexander, Emily Sherwin, Demystifying Legal Reasoning[REVIEW]Dan Priel - 2009 - Notre Dame Philosophical Reviews 2009 (1).
  27.  35
    That Can't Be Rights: A review of Robert Stevens, Torts and Rights. [REVIEW]Dan Priel - 2011 - Jurisprudence 2 (1):227-238.
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