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Striking Back at the Empire: A Brief Survey of Problems in Dworkin's Theory of

Law. [REVIEW]

Larry Alexander - 1987 - Law and Philosophy 6 (3):419 - 438.

In Law's Empire Dworkin remains committed to carving out a middleground


between natural law and legal positivism. But natural law andlegal positivism
are best viewed as complementary answers to differ-ent questions, There is no
middle ground between them. Nor is thequestion that Dworkin's Integrity asks
one that could be coherentlyanswered i f it were an important question.
Fortunately, it is not.

Interpretivist Theories of Law in Philosophy of Law

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Hypothetical Intentionalism in Statutory Interpretation.

Mark Alfano - 2009 - US-China Law Review 6 (12):54-58.

Interpretation, Misc in Philosophy of Language Interpretivist Theories of Law in


Philosophy of Law

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Between Natural Law and Legal Positivism: Dworkin and Hegel on Legal Theory.

Thom Brooks - 2007 - Georgia State University Law Review 23 (3):513-60.

In this article, I argue that - despite the absence of any clear influence of one
theory on the other - the legal theories of Dworkin and Hegel share several
similar and, at times, unique positions that join them together within a
distinctive school of legal theory, sharing a middle position between natural law
and legal positivism. In addition, each theory can help the other in addressing
certain internal difficulties. By recognizing both Hegel and Dworkin as
proponents of a position (...)

Hegel: Ethics in 19th Century Philosophy Interpretivist Theories of Law in


Philosophy of Law Legal Positivism in Philosophy of Law Legal Realism in
Philosophy of Law Natural Law Theory in Philosophy of Law

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Hegel's Ambiguous Contribution to Legal Theory.

Thom Brooks - 2004 - Res Publica 11 (1):85-94.


Hegel's legacy is particularly controversial, not least in legal theory. He has
been classified as a proponent of either natural law, legal positivism, the
historical school, pre-Marxism, postmodern critical theory, and even
transcendental legal theory. To what degree has Hegel actually influenced
contemporary legal theorists? This review article looks at Michael Salter's
collection Hegel and Law. I look at articles on civil disobedience, contract law,
feminism, and punishment. I conclude noting similarities between Hegel's legal
theory and that of Ronald Dworkin. (...)

Hegel: Ethics in 19th Century Philosophy Hegel: Social and Political Philosophy
in 19th Century Philosophy Interpretivist Theories of Law in Philosophy of Law
Legal Positivism in Philosophy of Law Legal Reasoning and Adjudication, Misc in
Philosophy of Law Natural Law Theory in Philosophy of Law

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Is All Judicial Decision-Making Unavoidably Interpretive?

Brian E. Butler - 2001 - Legal Studies Forum (3&4):315-329.

Interpretivist Theories of Law in Philosophy of Law Legal Reasoning and


Adjudication, Misc in Philosophy of Law

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Posner's Problem with Moral Philosophy.

Brian E. Butler - 2000 - The University of Chicago Law School Roundtable 7:325-
343.

Interpretivist Theories of Law in Philosophy of Law

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Law is Not (Best Considered) an Essentially Contested Concept.

Kenneth M. Ehrenberg - 2011 - International Journal of Law in Context 7:209-


232.

I argue that law is not best considered an essentially contested concept. After
first explaining the notion of essential contestability and disaggregating the
concept of law into several related concepts, I show that the most basic and
general concept of law does not fit within the criteria generally offered for
essential contestation. I then buttress this claim with the additional explanation
that essential contestation is itself a framework for understanding complex
concepts and therefore should only be applied when it is (...)
Conceptual Analysis in Jurisprudence in Philosophy of Law Interpretivist
Theories of Law in Philosophy of Law Normative Jurisprudence in Philosophy of
Law

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Archimedean Metaethics Defended.

Kenneth M. Ehrenberg - 2008 - Metaphilosophy 39 (4-5):508-529.

Abstract: We sometimes say our moral claims are "objectively true," or are
"right, even if nobody believes it." These additional claims are often taken to be
staking out metaethical positions, representative of a certain kind of theorizing
about morality that "steps outside" the practice in order to comment on its
status. Ronald Dworkin has argued that skepticism about these claims so
understood is not tenable because it is impossible to step outside such
practices. I show that externally skeptical metaethical theory (...)

Internalism and Externalism about Moral Judgment in Meta-Ethics Interpretivist


Theories of Law in Philosophy of Law Metaphilosophical Skepticism in
Metaphilosophy Moral Expressivism in Meta-Ethics Moral Skepticism in Meta-
Ethics

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The Law of Laws.

Pavlos Eleftheriadis - forthcoming - Transnational Legal Theory 1 (3).

How can legal orders coexist? Contemporary lawyers and philosophers


frequently accept that a legal system operates under its own terms and is
shaped by its own participants. Any problems posed by the plurality of legal
orders in the world are to be dealt with by each legal order separately. So
persons that are caught in transnational disputes because they are subject to
two or more jurisdictions, have recourse to private international law, which is
always part of domestic law, i.e. the (...)

International Law in Philosophy of Law Interpretivist Theories of Law in


Philosophy of Law Legal Authority and Obligation, Misc in Philosophy of Law
Nature of Law, Misc in Philosophy of Law

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Justice As Integrity: Objectivity And Social Meaning In Legal Theory.


David Fagelson - 2002 - Social and Legal Studies 11 (4):569-588.

Constitutional Interpretation in Philosophy of Law Incommensurability of Value


in Value Theory, Miscellaneous Integrity in Normative Ethics Interpretivist
Theories of Law in Philosophy of Law Justice in Social and Political Philosophy
Moral Epistemology, Misc in Meta-Ethics Moral Norms in Meta-Ethics

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Hermeneutical Outlines in and of Dante's Legal Theory.

Cavinato Francesco - manuscript

Based upon the concept of Law qualified in Monarchia, II.50, Dante was not
only a general philosopher (a lover of knowledge) as well as a political
disputant in his times, but also his primary contribution (not always obvious) in
legal speculation could be demonstrated. In fact, if his thought reflected the
platonic ordo sapientiae through a deep intersection between tchne and
episteme (phronesis) toward a linguistic koin, could we say the same thing on
his concept of justice as a rational (...)

Interpretivist Theories of Law in Philosophy of Law

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The Social Impact Theory of Law.

Keton Joshua - 2015 - Phenomenology and Mind 9:130-137.

Margaret Gilberts work on sociality covers a wide range of topics, and as she
puts it addresses matters of great significance to several philosophical
specialties including ethics, epistemology, political philosophy, philosophy of
science, and philosophy of law and outside philosophy as well (Gilbert 2013,
p. 1). Herein I argue that Mark Greenbergs recent call to eliminate the problem
of legal normativity is well motivated. Further, I argue that Gilberts work on
joint commitment, and more specifically obligations of joint (...)

Interpretivist Theories of Law in Philosophy of Law Legal Positivism in


Philosophy of Law Mixed Theories of Law in Philosophy of Law Nature of Law,
Misc in Philosophy of Law Reasons and Rationality in Philosophy of Action

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A Critical Examination of Jiri Priban's "Doing What Comes Naturally, or a Walk


on the Wild Side? Stanlet Fish's Antifoundationalist Concept of Law, It's Closure
and Force".

Ross Motabhoy - 2012 - Dissertation, University of Kent


Derrida: Law in Continental Philosophy Interpretivist Theories of Law in
Philosophy of Law Legal Authority in Philosophy of Law Legal Authority and
Obligation, Misc in Philosophy of Law Mixed Theories of Law in Philosophy of
Law The Nature of Context in Philosophy of Language Vagueness and
Indeterminacy in Philosophy of Language

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Arthur Kaufmann hermeneutyka prawnicza [Arthur Kaufmann Legal


Hermeneutics].

Marek Piechowiak - 2008 - In Jerzy Zajado (ed.), Przyszo dziedzictwa. Robert


Alexy, Ralf Dreier, Jrgen Habermas, Otfried Hffe, Arthur Kaufmann, Niklas
Luhmann, Otta Weinberger: portrety filozofw prawa. Arche. pp. 135-167.

Arthura Kaufmanna filozofia prawa wyrasta przede wszystkim z neokantyzmu


aksjologicznego reprezentowanego przez pnego Gustava Radbrucha,
ktrego uwaa on za najwaniejszego ze swych nauczycieli, oraz z
hermeneutyki filozoficznej Hansa-Georga Gadamera. W pniejszym okresie
znaczcy wpyw na Kaufmanna wywar Charles S. Peirce, ktrego pracami
posikowa si opracowujc problematyk analogii (wic j z opracowanym
przez Pierca zagadnieniem abdukcji) oraz ontologii relacji. Niektre wtki
pogldw Kaufmanna nawizuj do egzystencjalizmu Karla Jaspersa oraz
antropologii Karla Lwitha. Obecne s take inspiracje tomistyczne i
arystotelesowskie. Jest to filozofia (...)

Interpretivist Theories of Law in Philosophy of Law

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The Case of the Speluncean Explorers: Nine New Opinions.

Peter Suber - 1998 - Routledge.

_The Case of the Speluncean Explorers, _written in 1949 by Lon Fuller, is the
most famous fictitious legal case of all time. Describing a case of trapped
travellers who are forcd to cannibalize one of their team, it is used on courses
in philosophy of law and Jurisprudence to show how their trial upon rescue
touches on key concepts in philosophy and legal theory such as utilitarianism
and naturalism. _The Case of the Speluncean Explorers: Nine New opinions_
includes a reprint (...)

Indeterminacy of Legal Reasoning in Philosophy of Law Interpretivist Theories


of Law in Philosophy of Law Legal Positivism in Philosophy of Law Legal Realism
in Philosophy of Law Legal Reasoning and Adjudication, Misc in Philosophy of
Law Natural Law Theory in Philosophy of Law Nature of Law, Misc in Philosophy
of Law Realism about Legal Reasoning in Philosophy of Law

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