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Transitional justice for foxes: conflict, pluralism & the politics of compromise Jurisprudence (IF 0.7) Pub Date : 2024-08-23 Felix E. Torres
Published in Jurisprudence: An International Journal of Legal and Political Thought (Ahead of Print, 2024)
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Human rights after Deleuze: towards an an-archic jurisprudence Jurisprudence (IF 0.7) Pub Date : 2024-08-23 Edward Mussawir
Published in Jurisprudence: An International Journal of Legal and Political Thought (Ahead of Print, 2024)
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The normative structure of constitutional rights: the expansionist trend and the spectre of utilitarianism Jurisprudence (IF 0.7) Pub Date : 2024-08-07 Tom Kohavi
Modern constitutional rights law is often criticised for delineating rights too broadly while resolving their regular conflicts with competing considerations through open-ended balancing procedures...
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Foundations of institutional reality Jurisprudence (IF 0.7) Pub Date : 2024-08-09 Samuele Chilovi
Published in Jurisprudence: An International Journal of Legal and Political Thought (Ahead of Print, 2024)
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Bernard Williams’ legitimate authority between universalism and relativism Jurisprudence (IF 0.7) Pub Date : 2024-08-07 Pau Luque
This paper is divided into two main parts. In the first half, I identify a tension within Bernard Williams’ political realist conception of political legitimacy. On the one hand, he was committed t...
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The object of jurisprudence Jurisprudence (IF 0.7) Pub Date : 2024-07-01 Angelo Ryu
Here I distinguish two things jurisprudence might take itself to explain. A theory of law can be either concept-first or practice-first. Concept-first theories investigate the concept we implicitly...
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Too many rules Jurisprudence (IF 0.7) Pub Date : 2024-07-01 Nicolaos Stavropoulos
The main thesis of Scott Hershovitz's recent book is in its title: Law is a Moral Practice. By this, Hershovitz means that legal practices aim to adjust people's moral relationships (and generally ...
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Normative monism and radical deflationism Jurisprudence (IF 0.7) Pub Date : 2024-07-01 Samuele Chilovi
Scott Hershovitz's Law is a Moral Practice develops a bold, novel, and comprehensive account of law: the moral practice picture. Its central thesis is that legal relations (rights, duties, powers, ...
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The nature of human practices and the importance of practical reason: why law cannot be a moral practice only Jurisprudence (IF 0.7) Pub Date : 2024-07-01 Veronica Rodriguez-Blanco
I will advance two criticisms and one comment to Hershovitz's Law is a Moral Practice. First, I will argue that the idea that law is a moral practice because it rearranges our moral relationships t...
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Responses Jurisprudence (IF 0.7) Pub Date : 2024-07-01 Scott Hershovitz
Published in Jurisprudence: An International Journal of Legal and Political Thought (Vol. 15, No. 2, 2024)
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Not a set of norms or a set of practices Jurisprudence (IF 0.7) Pub Date : 2024-07-01 Conor Crummey, George Pavlakos
In this paper, we consider the 'eliminativist' character of Hershovitz's non-positivist theory. Focusing on chapter 5 of Law Is A Moral Practice, we ask whether Hershovitz's theory takes full advan...
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Law is a moral practice Jurisprudence (IF 0.7) Pub Date : 2024-07-01 Scott Hershovitz
Published in Jurisprudence: An International Journal of Legal and Political Thought (Vol. 15, No. 2, 2024)
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Moral decision-making in the name of society (without expertise) Jurisprudence (IF 0.7) Pub Date : 2024-07-01 Hillary Nye
Scott Hershovitz argues that law is a moral practice. In this response, I argue that he is right that we do well to turn our attention to moral questions. However, I argue that Hershovitz should em...
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In defence of a distinctively legal domain Jurisprudence (IF 0.7) Pub Date : 2024-07-01 George Letsas
In Law as a Moral Practice, Scott Hershovitz defends the pluralist view that there are many sets of legal norms which we can validly employ for different purposes, none of which qualifies as unique...
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The liberal conception of free speech and its limits Jurisprudence (IF 0.7) Pub Date : 2024-06-13 Mark R. Reiff
Unfortunately, many people today see the regulation of lies, disinformation, hate speech, and fake news as an infringement of free speech, at least when such speech is ‘political,’ despite the dama...
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Can the constitutional state accommodate the administrative state? Rousseau versus Hegel Jurisprudence (IF 0.7) Pub Date : 2024-05-10 Alan Brudner
This essay inquires whether a constitutional state, understood as one ruled not by natural persons but by laws and legal decisions that free persons can endorse, can accommodate the administrative ...
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Excuse, justification and collapse Jurisprudence (IF 0.7) Pub Date : 2024-05-10 Alexander Sarch
For any putative excuse, why not recast it as a justification rendering one’s wrongful conduct ultimately permissible? This paper confronts the worry that many, perhaps all, excuses might collapse ...
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Editor’s introduction Jurisprudence (IF 0.7) Pub Date : 2024-04-12 Yuuki Ohta
Published in Jurisprudence: An International Journal of Legal and Political Thought (Vol. 15, No. 1, 2024)
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The ‘natural unintelligibility’ of normative powers* Jurisprudence (IF 0.7) Pub Date : 2024-04-12 Jed Lewinsohn
This paper offers an original argument for a Humean thesis about promising that generalises to the domain of normative powers. The Humean ‘natural unintelligibility’ thesis – prominently endorsed b...
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Normative powers without conventions Jurisprudence (IF 0.7) Pub Date : 2024-04-12 Felix Koch
What exactly do we need to do in order to make a promise, or to exercise some other normative power? On a view relied on by many philosophers writing on promising, consent, and related phenomena, t...
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(Really) defending exclusionary reasons Jurisprudence (IF 0.7) Pub Date : 2024-04-12 Ezequiel Monti
In a recent paper, Daniel Whiting has argued that there are no exclusionary reasons (i.e., second-order reasons not to act for a reason). The premise of the argument is what he calls the motivation...
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How exclusionary reasons guide Jurisprudence (IF 0.7) Pub Date : 2024-04-12 Kenneth M. Ehrenberg
In ‘(Really) Defending Exclusionary Reasons’, Monti seeks to defend Raz’ notion of exclusionary reasons from the attack made by Daniel Whiting. Monti agrees with Whiting that exclusionary reasons c...
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The normative-explanatory nexus and the nature of reasons Jurisprudence (IF 0.7) Pub Date : 2024-04-12 Hille Paakkunainen
Joseph Raz accepts the ‘normative/explanatory nexus’ which states, roughly, that ‘necessarily normative reasons can explain the actions, beliefs, and the like of rational agents’ (From Normativity ...
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Response to Paakkunainen Jurisprudence (IF 0.7) Pub Date : 2024-04-12 Jonathan Dancy
This is a response to Paakkunainen’s ‘The Normative-Explanatory Nexus and the Nature of Reasons’.
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Joseph Raz on responsibility and secure competence Jurisprudence (IF 0.7) Pub Date : 2024-04-12 Erasmus Mayr
In the last two chapters of his book ‘From Normativity to Responsibility’, Joseph Raz developed, in outline, an intriguing account of responsibility, which is based on what he called the Rational F...
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Raz on responsibility: comments on Mayr Jurisprudence (IF 0.7) Pub Date : 2024-04-12 Sergio Tenenbaum
In this paper, I present a qualified defence of Raz's account of responsibility in response to Erasmus Mayr's important criticisms in this contribution to this issue.
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Symposium on Habitual Ethics? A reply Jurisprudence (IF 0.7) Pub Date : 2024-04-09 Sylvie Delacroix
Published in Jurisprudence: An International Journal of Legal and Political Thought (Ahead of Print, 2024)
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Comment on Sylvie Delacroix Habitual Ethics? Jurisprudence (IF 0.7) Pub Date : 2024-04-09 Mario De Caro
Published in Jurisprudence: An International Journal of Legal and Political Thought (Ahead of Print, 2024)
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As one is, so one sees: Delacroix on the role of habit in moral discernment Jurisprudence (IF 0.7) Pub Date : 2024-04-09 Gerald J. Postema
Published in Jurisprudence: An International Journal of Legal and Political Thought (Ahead of Print, 2024)
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In search of lost habits Jurisprudence (IF 0.7) Pub Date : 2024-04-09 Sarah Fine
Published in Jurisprudence: An International Journal of Legal and Political Thought (Ahead of Print, 2024)
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From the ideal legislator to the competent speaker: uncovering the deception in legislative intent Jurisprudence (IF 0.7) Pub Date : 2024-04-08 Francesca Poggi, Francesco Ferraro
Central to the legal positivism of the nineteenth and the first half of the twentieth century was the dogma of the Ideal Legislator. Legal materials were to be interpreted as the work of an omnisci...
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Let’s forget about forfeiture Jurisprudence (IF 0.7) Pub Date : 2024-04-08 Cristián Rettig
The forfeiture thesis is posed as an independent thesis in moral philosophy according to which agents forfeit (or lose) rights if they perform certain act-types. According to many, this thesis play...
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Disobedience as Such Jurisprudence (IF 0.7) Pub Date : 2024-03-21 Vincent Chiao, Alon Harel
Legal philosophers often ask whether a person has a reason to obey the law simply because it is the law. We ask the contrary question: does a person have a reason to disobey the law simply because ...
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Proportionality and the lives of combatants: a reply to Arthur Ripstein Jurisprudence (IF 0.7) Pub Date : 2024-03-19 Marcela Prieto Rudolphy
Published in Jurisprudence: An International Journal of Legal and Political Thought (Ahead of Print, 2024)
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Replies Jurisprudence (IF 0.7) Pub Date : 2024-03-19 Arthur Ripstein
Published in Jurisprudence: An International Journal of Legal and Political Thought (Ahead of Print, 2024)
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Just war, regular war, and war as peace in preparation Jurisprudence (IF 0.7) Pub Date : 2024-03-19 Micha Gläser
Published in Jurisprudence: An International Journal of Legal and Political Thought (Ahead of Print, 2024)
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International criminal law as cosmopolitan right in reverse Jurisprudence (IF 0.7) Pub Date : 2024-03-19 Ryan Liss
Published in Jurisprudence: An International Journal of Legal and Political Thought (Ahead of Print, 2024)
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Challenging common good constitutionalism Jurisprudence (IF 0.7) Pub Date : 2024-03-04 Martin David Kelly
Published in Jurisprudence: An International Journal of Legal and Political Thought (Ahead of Print, 2024)
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Nonspecific perjury Jurisprudence (IF 0.7) Pub Date : 2024-03-04 Roy Sorensen
Since 1970, a United States prosecutor can prove perjury without specifying which statement is perjurious. A bold prosecutor could concede ignorance of which statement is false. A bolder prosecutor...
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Postnational constitutionalism: Europe and the time of law Jurisprudence (IF 0.7) Pub Date : 2024-02-28 Jiří Přibáň
Published in Jurisprudence: An International Journal of Legal and Political Thought (Ahead of Print, 2024)
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Natural law Archimedeanism Jurisprudence (IF 0.7) Pub Date : 2024-02-28 Daniel Peixoto Murata
Published in Jurisprudence: An International Journal of Legal and Political Thought (Ahead of Print, 2024)
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Constructing liberty and equality – political, not juridical Jurisprudence (IF 0.7) Pub Date : 2024-02-21 Damian Cueni
When offering constructions of political values, it is common to generally strive for unity, i.e., to aim at principled definitions and the reduction of normative conflict. In this article, by cont...
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The burning armchair: can jurisprudence be advanced by experiment? Jurisprudence (IF 0.7) Pub Date : 2023-12-15 Brian Flanagan
Is the field of general jurisprudence catching up – or is it simply getting distracted? Whereas legal philosophy has always featured claims about the content of the folk concept of law, it is only ...
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On the expressive theory of paternalism Jurisprudence (IF 0.7) Pub Date : 2023-12-15 Jonathan Turner
The expressive theory of paternalism holds that an action is paternalistic when and because it expresses the insulting idea that the actor knows better than the person acted upon. I argue that the ...
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Replacement naturalism and the limits of experimental jurisprudence Jurisprudence (IF 0.7) Pub Date : 2023-12-14 Kenneth Einar Himma
Published in Jurisprudence: An International Journal of Legal and Political Thought (Vol. 14, No. 4, 2023)
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Unconscious negligence and responsibility Jurisprudence (IF 0.7) Pub Date : 2023-11-09 Jeanne-Rose Arn
Published in Jurisprudence: An International Journal of Legal and Political Thought (Vol. 15, No. 2, 2024)
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Legal imperfectionism Jurisprudence (IF 0.7) Pub Date : 2023-10-16 James Edwards
What role do moral norms play in the justification of legal norms? Here, I explore an answer that emphasises the moral significance of imperfection – of the fact that we are imperfect people, who l...
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Can that be law for me? Jurisprudence (IF 0.7) Pub Date : 2023-09-04 Pavlos Eleftheriadis
Published in Jurisprudence: An International Journal of Legal and Political Thought (Vol. 15, No. 2, 2024)
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Reliance arguments, democratic law, and inequity Jurisprudence (IF 0.7) Pub Date : 2023-09-01 Seana Valentine Shiffrin
The reversal of Roe v. Wade raises the prospect that other due process guarantees upon which individuals have organised their lives, including the constitutional rights to same-sex intimacy and mar...
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Detachment and attributability as foundational features of legal norms: a review of Knowing What the Law Is Jurisprudence (IF 0.7) Pub Date : 2023-08-23 Alon Harel
Published in Jurisprudence: An International Journal of Legal and Political Thought (Vol. 14, No. 4, 2023)
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Authoring, grounding and unknowing what the law is Jurisprudence (IF 0.7) Pub Date : 2023-08-23 Alexander Somek
Published in Jurisprudence: An International Journal of Legal and Political Thought (Vol. 14, No. 4, 2023)
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Theory and scholasticism Jurisprudence (IF 0.7) Pub Date : 2023-08-23 Pierre Schlag
Published in Jurisprudence: An International Journal of Legal and Political Thought (Vol. 14, No. 4, 2023)
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Un-knowing what the law is Jurisprudence (IF 0.7) Pub Date : 2023-08-23 Katharina Isabel Schmidt
Published in Jurisprudence: An International Journal of Legal and Political Thought (Vol. 14, No. 4, 2023)
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Knowing what the law is Jurisprudence (IF 0.7) Pub Date : 2023-08-23 Dennis Patterson
Published in Jurisprudence: An International Journal of Legal and Political Thought (Vol. 14, No. 4, 2023)
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Algorithms and adjudication Jurisprudence (IF 0.7) Pub Date : 2023-08-16 William Lucy
ABSTRACT This essay addresses a version of Jerome Frank’s question – ‘Are Judges Human?’ – asking instead: are human judges necessary? It begins, in section II, by outlining the technological developments which inform the view that they are not and critically evaluates the juristic position that seemingly endorses it. That position is labelled ‘technological evangelism’ and it consists of three claims
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The redress of law: globalisation, constitutionalism and market capture Jurisprudence (IF 0.7) Pub Date : 2023-08-15 Ioannis Kampourakis
Published in Jurisprudence: An International Journal of Legal and Political Thought (Vol. 15, No. 2, 2024)
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Trust matters: cross-disciplinary essays Jurisprudence (IF 0.7) Pub Date : 2023-07-31 David Vitale
Published in Jurisprudence: An International Journal of Legal and Political Thought (Vol. 15, No. 2, 2024)
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Symposium on Justifying Injustice. Legal Theory in Nazi Germany (CUP 2020): responses to critics Jurisprudence (IF 0.7) Pub Date : 2023-07-14 Herlinde Pauer-Studer
Published in Jurisprudence: An International Journal of Legal and Political Thought (Vol. 14, No. 2, 2023)
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A jurisprudence of atrocity Jurisprudence (IF 0.7) Pub Date : 2023-07-14 Jens Meierhenrich
Published in Jurisprudence: An International Journal of Legal and Political Thought (Vol. 14, No. 2, 2023)
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On law and morality – the case of Nazi legal theory Jurisprudence (IF 0.7) Pub Date : 2023-07-14 Sofie Møller
Published in Jurisprudence: An International Journal of Legal and Political Thought (Vol. 14, No. 2, 2023)