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Scott Shapiro [18]Scott J. Shapiro [15]Scott Jonathan Shapiro [1]
  1. Legality.Scott Shapiro (ed.) - 2011 - Cambridge, Mass.: Harvard University Press.
    What is law (and why should we care)? -- Crazy little thing called "law" -- Austin's sanction theory -- Hart and the rule of recognition -- How to do things with plans -- The making of a legal system -- What law is -- Legal reasoning and judicial decision making -- Hard cases -- Theoretical disagreements -- Dworkin and distrust -- The economy of trust -- The interpretation of plans -- The value of legality.
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  2.  66
    Law, Morality, and Everything Else: General Jurisprudence as a Branch of Metanormative Inquiry.David Plunkett & Scott Shapiro - 2017 - Ethics 128 (1):37-68.
    In this article, we propose a novel account of general jurisprudence by situating it within the broader project of metanormative inquiry. We begin by showing how general jurisprudence is parallel to another well-known part of that project, namely, metaethics. We then argue that these projects all center on the same task: explaining how a certain part of thought, talk, and reality fits into reality overall. Metalegal inquiry aims to explain how legal thought, talk, and reality fit into reality. General jurisprudence (...)
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  3. Massively Shared Agency.Scott Shapiro - 2014 - Rational and Social Agency: The Philosophy of Michael Bratman:257--293.
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  4. The Oxford Handbook of Jurisprudence & Philosophy of Law.Jules L. Coleman & Scott Shapiro (eds.) - 2002 - New York: Oxford University Press.
    One of the first volumes in the new series of prestigious Oxford Handbooks, The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-six of the foremost legal theorists currently writing, to provide a state of the art overview of jurisprudential scholarship.
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  5. The "Hart-Dworkin" debate : a short guide for the perplexed.Scott J. Shapiro - 2007 - In Arthur Ripstein (ed.), Ronald Dworkin. Cambridge University Press. pp. 22--49.
    For the past four decades, Anglo-American legal philosophy has been preoccupied – some might say obsessed – with something called the “Hart-Dworkin” debate. Since the appearance in 1967 of “The Model of Rules I,” Ronald Dworkin’s seminal critique of H.L.A. Hart’s theory of legal positivism, countless books and articles have been written either defending Hart against Dworkin’s objections or defending Dworkin against Hart’s defenders. My purpose in this essay is not to declare an ultimate victor; rather it is to identify (...)
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  6. What is the internal point of view?Scott Shapiro - manuscript
    Though the “internal point of view” is perhaps H.L.A. Hart’s greatestcontribution to legal theory, this concept is also often and easily misunderstood. This is unfortunate, not only because these misreadings distort Hart’s theory, but, more importantly, because they prevent us from appreciating the infirmities of sanction-centered theories of law and the compelling reasons why they ought to be rejected. In this paper, I try to address some of these confusions. What, exactly, is the internal point of view? What role (or (...)
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  7. Authority.Scott Shapiro - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence & Philosophy of Law. Oxford University Press.
     
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  8.  80
    Law, plans and practical reason.Scott J. Shapiro - 2002 - Legal Theory 8 (4):387-441.
    Lays out basics of planning theory of law. Roughly, characterizes the internal point of view as a complex planning intention rather than a response to a recurring coordination problem. We are not responding to such a problem per se, but rather to a cooperation problem - and thus the structure of the attitude or intention must be different. It is officials who have the relevant attitude. Does not reject conventionalism, but argues that the convention is of a different sort than (...)
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  9. On Hart's Way Out.Scott J. Shapiro - 1998 - Legal Theory 4 (4):469-507.
    It is hard to think of a more banal statement one could make about the law than to say that it necessarily claims legal authority to govern conduct. What, after all, is a legal institution if not an entity that purports to have the legal power to create rules, confer rights, and impose obligations? Whether legal institutions necessarily claim the moral authority to exercise their legal powers is another question entirely. Some legal theorists have thought that they do—others have not (...)
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  10. What is the rule of recognition ?Scott J. Shapiro - unknown
    One of the principal lessons of The Concept of Law is that legal systems are not only comprised of rules, but founded on them as well. As Hart painstakingly showed, we cannot account for the way in which we talk and think about the law - that is, as an institution which persists over time despite turnover of officials, imposes duties and confers powers, enjoys supremacy over other kinds of practices, resolves doubts and disagreements about what is to be done (...)
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  11. Authority.Scott Shapiro - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.
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  12.  77
    Law, morality, and the guidance of conduct.Scott J. Shapiro - 2000 - Legal Theory 6 (2):127-170.
    Legal positivism is generally characterized by its commitment to two theses Separability Thesis,” denies any necessary connection between morality and legality. Legal positivists do not require that a norm possess any desirable, or lack any undesirable, moral attributes in order to count as law.
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  13. On Hart's Way Out.Scott Shapiro - 2001 - In Jules L. Coleman (ed.), Hart's Postscript: Essays on the Postscript to `the Concept of Law'. Oxford University Press.
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  14.  14
    Law, morality, and the guidance of conduct.Scott J. Shapiro - 2000 - Personal Relationships 6 (2):127-170.
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  15.  49
    On Hart's Way Out.Scott J. Shapiro - 1998 - Legal Theory 4 (4):469-507.
    It is hard to think of a more banal statement one could make about the law than to say that it necessarily claims legal authority to govern conduct. What, after all, is a legal institution if not an entity that purports to have the legal power to create rules, confer rights, and impose obligations? Whether legal institutions necessarily claim themoralauthority to exercise their legal powers is another question entirely. Some legal theorists have thought that they do—others have not been so (...)
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  16.  22
    Dimensions of Normativity: New Essays on Metaethics and Jurisprudence.David Plunkett, Scott Shapiro & Kevin Toh (eds.) - 2019 - Oxford: Oxford University Press.
    Understood one way, the branch of contemporary philosophical ethics that goes by the label “metaethics” concerns certain second-order questions about ethics—questions not in ethics, but rather ones about our thought and talk about ethics, and how the ethical facts (insofar as there are any) fit into reality. Analogously, the branch of contemporary philosophy of law that is often called “general jurisprudence” deals with certain second-order questions about law—questions not in the law, but rather ones about our thought and talk about (...)
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  17. Hart's Way Out.Scott Shapiro - 2001 - In Jules L. Coleman (ed.), Hart's Postscript: Essays on the Postscript to `the Concept of Law'. Oxford University Press.
     
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  18. Was inclusive legal positivism founded on a mistake?Scott J. Shapiro - 2009 - Ratio Juris 22 (3):326-338.
    In this paper, I present a new argument against inclusive legal positivism. As I show, any theory which permits morality to be a condition on legality cannot account for a core feature of legal activity, namely, that it is an activity of social planning. If the aim of a legal institution is to guide the conduct of the community through plans, it would be self-defeating if the existence of these plans could only be determined through deliberation on the merits. I (...)
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  19.  11
    The War in Ukraine and the Threat of the Return of the Old-World Order.Scott Shapiro - 2023 - Eidos. A Journal for Philosophy of Culture 7 (2):103-110.
    Preview: /Scott Shapiro interviewed by Eli Kramer / EK: Thanks for talking with me today. Your book, The Internationalists: How a Radical Plan to Outlaw War Remade the World is not only kind of groundbreaking in the way it changes how we think about the role of international law in the history and philosophy of culture, and some of our progressive success of not having disastrous violence shape us each generation, but it has only become more relevant since the war (...)
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  20.  45
    Brian Leiter, ed., Objectivity in Law and Morals:Objectivity in Law and Morals.Scott J. Shapiro - 2002 - Ethics 113 (1):169-173.
  21.  69
    Judicial can’t.Scott J. Shapiro - 2001 - Noûs 35 (s1):530 - 557.
  22.  1
    H. L. A. Hart (1907–1992).Scott Shapiro - 2001 - In A. P. Martinich & David Sosa (eds.), A Companion to Analytic Philosophy. Malden, Massachusetts, USA: Blackwell. pp. 169–174.
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  23.  89
    How rules affect practical reasoning.Scott Shapiro - 2007 - In Bruno Verbeek (ed.), Reasons and Intentions. Ashgate.
  24.  17
    Judicial Can't.Scott J. Shapiro - 2001 - Philosophical Issues 11 (1):530-557.
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  25.  7
    Scott J. Shapiro.Scott J. Shapiro - 2017 - Problema. Anuario de Filosofía y Teoria Del Derecho 1 (11).
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  26. The bad man and the internal point of view.Scott J. Shapiro - 2000 - In Steven J. Burton (ed.), The Path of the Law and its Influence: The Legacy of Oliver Wendell Holmes, Jr. Cambridge University Press.
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  27.  43
    Ulysses rebound.Scott J. Shapiro - 2002 - Economics and Philosophy 18 (1):157-182.
    Irrational people create problems not only for themselves and those around them, but also for those who study them. They cause trouble for social scientists because their actions are inexplicable, at least according to generally accepted models of explanation. Explanations in the social sciences normally assume the form of rationalizations: actions are explained by showing that, relative to what the subjects believe and desire, the actions were done for good reasons. Conversely, when good reasons cannot be found for why someone (...)
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  28.  8
    Book ReviewsBrian Leiter,, ed. Objectivity in Law and Morals.Cambridge: Cambridge University Press, 2001. Pp. 354. $64.95. [REVIEW]Scott J. Shapiro - 2002 - Ethics 113 (1):169-173.
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