[图书][B] The functions of law

KM Ehrenberg - 2016 - books.google.com
What is the nature of law and what is the best way to discover it? This book argues that law
is best understood in terms of the social functions it performs wherever it is found in human …

Law-determination as grounding: A common grounding framework for jurisprudence

S Chilovi, G Pavlakos - Legal Theory, 2019 - cambridge.org
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 …

The promise and limits of grounding in law

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 …

Social Facts and Legal Facts: Perils of HumeTs

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 …

A deflationary approach to legal ontology

M Garcia-Godinez - Synthese, 2024 - Springer
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 …

Dynamic Approach to Hans Kelsen's General Theory of Norms

M Zalewska - 2024 - torrossa.com
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 …

Canberra-Style Analysis and Law: A Critique of Andrei Marmor's Farewell to Conceptual Analysis

P Banas, F Golba - 2017 - HeinOnline
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 …

[PDF][PDF] On legal things to do: external and internal legal reasons

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 …

The Real Ratio Legis and Where to Find It: A Few Pragmatic Considerations

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 …

A three-dimensional ontology of customs

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 …