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  1.  14
    Judging Virtuously: Developing an Empathic Capacity for Perceptual Sensitivity.Maksymilian Del Mar - 2014 - Jurisprudence 5 (1):196-208.
    Judging Virtuously: Developing an Empathic Capacity for Perceptual Sensitivity: A Review of Amalia Amaya and Ho Hock Lai , Law, Virtue and Justice.
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  2.  11
    Marmor’s Social Conventions: The Limits of Practical Reason.Maksymilian Del Mar - 2011 - Philosophy of the Social Sciences 41 (3):420-445.
    This essay argues that the practical reason approach to the study of social conventions fails to adequately account for the fluency of social action in environments that we experience as familiar. The practical reason approach, articulated most recently in Andrei Marmor’s Social Conventions: From Language to Law does help us, though not wholly adequately, to understand how we tend to react to, and experience, unfamiliar situations or unfamiliar behaviors, that is, those situations in which a certain practice becomes problematic or (...)
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  3.  18
    Common virtue and the perspectival imagination: Adam Smith and common law reasoning.Maksymilian Del Mar - 2018 - Jurisprudence 9 (1):58-70.
    This paper considers the similarities between Adam Smith's device of the impartial spectator and the use of perspectival devices in common law reasoning. The paper adopts a reading of Smith's device as one involving the exercise of imaginative sympathy by an ordinarily virtuous, and culturally and historically situated, spectator who does not have a stake in the outcome of the scene being evaluated. The point here is to show that the impartial spectator is 1) a device of common, ordinary virtue (...)
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  4.  44
    The Forward-Looking Requirement of Formal Justice: Neil MacCormick on Consequential Reasoning.Maksymilian Del Mar - 2015 - Jurisprudence 6 (3):429-450.
    This paper discusses a much-neglected aspect of Neil MacCormick's theory of legal reasoning, namely what he calls ‘consequential reasoning’. For MacCormick, consequential reasoning is both an omnipresent feature of legal reasoning in England and Scotland, as well as being a valuable one. MacCormick articulates the value of consequential reasoning by seeing it as contributing to the forward-looking requirement of formal justice, ie, of deciding the instant case on grounds that one is willing to adopt when deciding future similar cases. This (...)
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  5.  23
    The Mystery of Capital and the Construction of Social Reality – Edited by Barry Smith, David M. Mark and Isaac Ehrlich.Maksymilian Del Mar - 2009 - Dialectica 63 (3):365-368.
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  6.  71
    Creativity and Imagination in the Practice of Philosophy.Maksymilian Del Mar - 2008 - Swiss Philosophical Preprints.
    This paper argues that the exercise of the imagination requires us 1) to attempt to describe features of a certain practice that appear, at first blush, natural and obvious; 2) to understand that that which appears natural and obvious could be otherwise; and 3) to be open to the introduction of changes to that which appears natural and obvious. Imagination, in this sense, is quite different to creativity. The latter works on the basis of the introduction of variations to settled (...)
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  7.  67
    Concerted practices and the presence of obligations: Joint action in competition law and social philosophy.Maksymilian Del Mar - 2011 - Law and Philosophy 30 (1):105 - 140.
    This paper considers whether, and if so how, the modelling of joint action in social philosophy – principally in the work of Margaret Gilbert and Michael Bratman – might assist in understanding and applying the concept of concerted practices in European competition law. More specifically, the paper focuses on a well-known difficulty in the application of that concept, namely, distinguishing between concerted practice and rational or intelligent adaptation in oligopolistic markets. The paper argues that although Bratman's model of joint action (...)
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  8. Legal reasoning in pluralist jurisprudence: the practice of the relational imagination.Maksymilian Del Mar - 2017 - In Nicole Roughan & Andrew Halpin (eds.), In Pursuit of Pluralist Jurisprudence. Cambridge University Press.
     
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  9.  1
    The Smithian Categorical Imperative.Maksymilian Del Mar - 2012 - Archiv für Rechts- und Sozialphilosophie 98 (2):233-254.
    This paper offers a sympathetically critical discussion of one of the central features of Neil MacCormick’s last book, Practical Reason in Law and Morality (2008), namely, what he called ‘the Smithian Categorical Imperative’ (SCI). The SCI is presented by MacCormick as a synthesis of the best of Immanuel Kant and Adam Smith’s contributions to moral philosophy. The paper proceeds in three parts: the first two are dedicated to articulating and evaluating MacCormick’s understanding of Kant and Smith. The focus in these (...)
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  10.  24
    Must We Play to Win? A Reply to Morgan.Maksymilian Del Mar - 2015 - Philosophy of the Social Sciences 45 (2):266-272.
    This paper offers a brief reply to William Morgan’s critique of my review of Andrei Marmor’s Social Conventions . Morgan’s principal critique is that I am wrong to think that the constitutive rules of games do not determine their aims and values. In particular, with regards to chess, Morgan argues that the rules of chess determine that the aim of playing chess is to win the game. I defend my position that one can play the game of chess without the (...)
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  11.  2
    The ethics and politics of adjudication: a response to Anker, Crowe, and Golder.Maksymilian Del Mar - 2022 - Jurisprudence 13 (2):287-300.
    The dominant theme across the three comments from Elizabeth Anker, Jonathan Crowe, and Ben Golder, is a plea for more engagement with the ethics and politics of adjudication. The commentators argue...
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  12. Imagining Law.Maksymilian Del Mar - 2022 - Netherlands Journal of Legal Philosophy 51 (2):214-235.
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  13. The Spatio-Temporality of Objectification in Legal Theory: Concepts of Legality Between Theory and Practice.Maksymilian Del Mar - 2008 - Problema. Anuario de Filosofía y Teoria Del Derecho 1 (2):127-155.
    This paper argues that concepts of legality in legal theory can be profitably understood as being underwritten by modes of spatio-temporal objectification. In the first part of the paper, a scheme of such modes is provided, and a map of jurisprudential inquiries is thereby offered. In the second part of the paper, two concepts of legality – underwritten by two different modes of spatio-temporal objectification – are analysed. The analysis shows how both concepts of legality lead to different sets of (...)
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