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Editor’s introduction Jurisprudence 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 Pub Date : 2023-11-09 Jeanne-Rose Arn
Published in Jurisprudence: An International Journal of Legal and Political Thought (Ahead of Print, 2023)
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Legal imperfectionism Jurisprudence 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 Pub Date : 2023-09-04 Pavlos Eleftheriadis
Published in Jurisprudence: An International Journal of Legal and Political Thought (Ahead of Print, 2023)
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Reliance arguments, democratic law, and inequity Jurisprudence 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 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 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 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 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 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 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 Pub Date : 2023-08-15 Ioannis Kampourakis
Published in Jurisprudence: An International Journal of Legal and Political Thought (Ahead of Print, 2023)
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Trust matters: cross-disciplinary essays Jurisprudence Pub Date : 2023-07-31 David Vitale
Published in Jurisprudence: An International Journal of Legal and Political Thought (Ahead of Print, 2023)
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Symposium on Justifying Injustice. Legal Theory in Nazi Germany (CUP 2020): responses to critics Jurisprudence 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 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 Pub Date : 2023-07-14 Sofie Møller
Published in Jurisprudence: An International Journal of Legal and Political Thought (Vol. 14, No. 2, 2023)
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Pauer-Studer and Radbruch’s second thesis Jurisprudence Pub Date : 2023-07-14 Lars Vinx
Published in Jurisprudence: An International Journal of Legal and Political Thought (Vol. 14, No. 2, 2023)
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Authoritarian liberalism and the transformation of modern Europe Jurisprudence Pub Date : 2023-07-11 Clara Maier
Published in Jurisprudence: An International Journal of Legal and Political Thought (Vol. 14, No. 3, 2023)
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The Cambridge handbook of natural law and human rights Jurisprudence Pub Date : 2023-07-11 Sean Coyle
Published in Jurisprudence: An International Journal of Legal and Political Thought (Vol. 14, No. 4, 2023)
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What makes law law: categorial trends in analytic legal metaphysics Jurisprudence Pub Date : 2023-07-10 Triantafyllos Gkouvas
Appeals to metaphysics have lately come to ascendancy in analytic legal philosophy. Over the last 20 years or so, a new discourse framework has emerged in analytic legal metaphysics that focusses o...
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The nature of law, self-understanding, and evaluation in legal theory Jurisprudence Pub Date : 2023-06-22 Yi Tong
Published in Jurisprudence: An International Journal of Legal and Political Thought (Vol. 14, No. 4, 2023)
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Report of a visit to Prof HLA Hart in Oxford Jurisprudence Pub Date : 2023-06-16 Walter Ott, Translated with commentary by Iain Stewart
ABSTRACT In 1985, Swiss legal philosopher Walter Ott visited Herbert Hart in Oxford and made this record of their meeting, which casts novel light on some of Hart’s ideas. Ott engaged Hart in a fresh encounter with the legal philosophy of Gustav Radbruch, particularly Hart’s and Radbruch’s reasons for a minimum content of justice in law. They also discussed the grudge informer, state responsibility
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Humility as a necessary virtue in common-law decision making Jurisprudence Pub Date : 2023-06-02 Katharina Stevens
Humility holds a modest but important place among the judicial virtues. But in spite of its growing popularity, it does not yet have a place on the ‘central judicial virtues’ lists. This paper prov...
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Teamwork through time: collective intentions in the voting process Jurisprudence Pub Date : 2023-05-26 Sylvia Rich
Voting is a collective activity: it requires more than one person to win a vote. In a corporation, voting allows the winning idea to become an intention of the corporate group once the vote is conc...
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Framing disagreement Jurisprudence Pub Date : 2023-05-26 Massimo Fichera
Published in Jurisprudence: An International Journal of Legal and Political Thought (Vol. 14, No. 3, 2023)
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The semi-future constitution: entrenching future-oriented constitutional interpretation Jurisprudence Pub Date : 2023-05-23 Andre Santos Campos
A recent trend in futures studies has called for strengthening the inclusion of future generations in constitutional law. This is problematic from a practical and a normative viewpoint. This paper ...
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Replacement naturalism and the limits of experimental jurisprudence Jurisprudence Pub Date : 2023-05-23 Kenneth Einar Himma
This essay is concerned with Brian Leiter’s so-called replacement naturalism, according to which the traditional methodology of conceptual jurisprudence ‘should be replaced by reliance on the best ...
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The Cambridge companion to legal positivism Jurisprudence Pub Date : 2023-05-10 Jan Mihal
Published in Jurisprudence: An International Journal of Legal and Political Thought (Vol. 14, No. 3, 2023)
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Earthbound: the aesthetics of sovereignty in the anthropocene Jurisprudence Pub Date : 2023-05-10 Jamie Haughton
Published in Jurisprudence: An International Journal of Legal and Political Thought (Vol. 14, No. 3, 2023)
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Carl Schmitt’s institutional theory: the political power of normality Jurisprudence Pub Date : 2023-04-05 Giulia Meo
Published in Jurisprudence: An International Journal of Legal and Political Thought (Vol. 14, No. 3, 2023)
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Kant’s grounded cosmopolitanism: original common possession and the right to visit Jurisprudence Pub Date : 2023-03-21 Luke J. Davies
Published in Jurisprudence: An International Journal of Legal and Political Thought (Vol. 14, No. 2, 2023)
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Explaining legal agreement Jurisprudence Pub Date : 2023-02-23 Bill Watson
ABSTRACT Legal theorists tend to focus on disagreement over the law, and yet a theory of law should also explain why lawyers and judges agree on the law as often as they do. To that end, this article first pins down a precise sense in which there can be pervasive agreement on the law. It then argues that such agreement obtains in the United States and likely in many other jurisdictions as well. Finally
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New constitutional horizons: towards a pluralist constitutional theory Jurisprudence Pub Date : 2023-02-17 Francesco Rizzi Brignoli
Published in Jurisprudence: An International Journal of Legal and Political Thought (Vol. 14, No. 2, 2023)