Law being a derivative feature of reality, it exists in virtue of more fundamental things, upon which it depends. This raises the question of what is the relation of dependence that holds …
B Tripkovic, D Patterson - Legal Theory, 2023 - cambridge.org
Discussions of metaphysical grounding have recently found their way into general jurisprudence. It is becoming increasingly common to frame the debate between positivism …
T Gizbert-Studnicki - The Cambridge Companion to Legal …, 2021 - books.google.com
The social thesis claiming that law is a matter of social facts is the fundamental thesis of legal positivism. This thesis, however, has at least three versions:(i) the social sources thesis …
Contra recent, inflationary views, the paper submits a deflationary approach to legal ontology. It argues, in particular, that to answer ontological questions about legal entities, we …
Hans kelsen achieved enormous success with his Pure Theory of Law, rooted in the Neo- Kantian paradigm. 1 This paradigm enabled Kelsen to ground his theory on a solid …
Amalia Amaya's book The Tapestry of Reason (Amaya 2015) is a sophisticated, scholarly, and far-ranging examination of the nature of coherence in various areas of philosophy, and …
T Gizbert-Studnicki - Revus–Journal for Constitutional Theory and …, 2018 - academia.edu
1 My comments will focus on the third section of Brian Bix's (2018) paper, and I will deal exclusively with the problem of normativity in the context of the Hartian theory of law and …
A Dyrda - Ratio Legis: Philosophical and Theoretical …, 2018 - Springer
The term ratio legis is an important term of legal practice. Thus, reflection over the general conceptual content of ratio legis may be a window through which practitioners could see the …
C Roversi - Spaces of Law and Custom, 2021 - taylorfrancis.com
Understanding legal customs is a matter of balancing an external factor against an internal one: the former a practice, the latter a belief about the normative character of that practice …