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  1. Equality and democratic authority.Cosmin Vraciu - 2023 - Analysis 83 (4):742-749.
    Does the democratic provenance of the law ground a pro tanto duty to obey the law? According to the social-egalitarian argument, it does, because individuals have a pro tanto duty to uphold relations of social equality, and because, by obeying a democratically made law, they uphold relations of social equality. In this paper, I argue, however, that even if we grant the premisses of the argument, the conclusion still does not follow.
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  2. Book Review: The Rights to Water: The Multi-Level Governance of a Unique Human Rights (2014). [REVIEW]Mohammad Rubaiyat Rahman - 2016 - International Journal of Legal Studies and Research 5 (1):89-92.
  3. Criminal Punishment and the Right to Rule.Malcolm Thorburn - 2019 - University of Toronto Law Journal 70:44-63.
    Criminal justice is much more deeply connected to the very possibility of state authority than is usually understood. In this article, I argue that, whatever else criminal justice might accomplish, there is one task that it must accomplish. This, I argue, is because a certain idea of criminal justice is built into the very idea of state authority as we know it. It is just part of the idea of individuals having a private right, I argue, that there exists a (...)
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  4. Introduction.Miroslav Imbrisevic - forthcoming - In Miroslav Imbrišević (ed.), Sport, Law and Philosophy The Jurisprudence of Sport. Abingdon:
    Most people will not be familiar with the term ‘jurisprudence of sport’ (JOS). The idea is that looking at sport through the eyes of a legal scholar might illuminate our understanding of certain problems in sport (and vice versa). The term was first introduced in 2011, in the title of a paper by Mitchell N. Berman, who is also a contributor to this book. In the present volume we have contributions from around the world: Italy, Spain, Germany, Australia, Great Britain, (...)
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  5. Politics of the Turkish Republic.Mehmet Karabela - 2021 - In Islamic Thought Through Protestant Eyes. New York: Routledge. pp. 243-253.
    Michael Wendeler’s disputation on the Turkish republic is a discussion of Ottoman history, political philosophy, and the concept of monarchy and tyranny. Half of his disputation concerns the identification of the Turks with the little horn which arises on the head of the fourth beast in the prophet’s vision described in the Book of Daniel 7:1–28. Giving copious historical references, Wendeler explains that this little horn cannot be referring to Christ as the Jews believe, nor to the Seleucid monarch Antiochos (...)
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  6. Don’t Feel Threatened by Law.Lucas Miotto - 2022 - Canadian Journal of Law and Jurisprudence 35 (2):487-509.
    The idea that legal systems conditionally threaten citizens is taken by most legal and political philosophers as ‘reasonably uncontroversial,’ ‘obvious,’ or as portraying ‘a large part of how law operates.’ This paper clarifies and ultimately rejects this idea: our legal systems, it is argued, rarely address citizens via conditional threats. If correct, the conclusion defended in this paper might force us to re-examine core debates in legal and political philosophy that rely on the assumption that legal systems often threaten citizens: (...)
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  7. Gregg D. Caruso: Rejecting Retributivism: Free Will, Punishment, and Criminal Justice.Thom Brooks - 2023 - Ethical Theory and Moral Practice 26 (1):157-159.
  8. You Can’t Tell Me What to Do! Why Should States Comply with International Institutions?Antoinette Scherz - 2022 - Journal of Social Philosophy (4):450-470.
    The tension between the authority of states and the authority of international institutions is a persistent feature of international relations. Legitimacy assessments of international institutions play a crucial role in resolving such tensions. If an international institution exercises legitimate authority, it creates binding obligations for states. According to Raz’s well-known service conception, legitimate authority depends on the reasons for actions of those who are subject to it. Yet what are the practical reasons that should guide the actions of states? Can (...)
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  9. Review of Duty to Self: Moral, Political, and Legal Self-Relation by Paul Schofield. [REVIEW]Daniel Groll - 2022 - Criminal Law and Philosophy 16 (3):669-676.
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  10. Legitimacy as a Right to Err.Daniel Viehoff - 2019 - In Jack Knight & Melissa Schwartzberg (eds.), NOMOS LXI: Political Legitimacy. New York: pp. 173-199.
    This essay proposes that legitimacy (on at least one understanding of the protean term) is centrally a right to err: a right to make mistakes that harm interests of others that are ordinarily protected by rights (Section 1). Legitimacy so understood is importantly distinct from authority, the normative power to impose binding (or enforceable) rules at will (Section 2). Specifically, legitimate institutions have a distinctive liberty right to harm others’ interests that other agents normally lack. Their subjects in turn lack (...)
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  11. George Duke on Aristotle, Politics, and Nomos: Review of George Duke’s Aristotle and Law: The Politics of Nomos. [REVIEW]Joaquín Reyes - 2023 - Criminal Law and Philosophy 17 (1):217-221.
  12. Criminal Law and Republican Liberty: Philip Pettit’s Account.Jeremy Horder - 2022 - Criminal Law and Philosophy 16 (1):193-213.
    Philip Pettit has made central to modern republican theory a distinctive account of freedom—republican freedom. On this account, I am not free solely because I can make choices without interference. I am truly free, only if that non-interference does not itself depend on another’s forbearance. Pettit believes that the principal justification for the traditional focus of the criminal law is that it constitutes a bulwark against domination. I will, in part, be considering the merits of this claim. Is the importance (...)
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  13. The Merits and Limits of Conscience-Based Legal Exemptions.Jocelyn Maclure - 2022 - Criminal Law and Philosophy 16 (1):127-134.
    Exemption claims remain a tangled and divisive moral and legal issue both in academia and in the public sphere. In his book Exemptions: Necessary, Justified, or Misguided?, the constitutional scholar Kent Greenawalt zeros in on the vexed question of whether exemptions from rules of general applicability based on the conscientious convictions of individuals or groups are sometimes justified or prudent by discussing a wide range of cases drawn from the American jurisprudence. Although he does not engage in a significant way (...)
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  14. Bentham as a Theorist of the Rule of Law and His Idea of Universal Interest.Michihiro Kaino - 2022 - Ratio Juris 35 (1):55-70.
    Ratio Juris, Volume 35, Issue 1, Page 55-70, March 2022.
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  15. Utility, Predictability, and Rights: Bentham’s Utilitarianism and Constitutional Entitlements.Francesco Ferraro - 2022 - Ratio Juris 35 (1):38-54.
    Ratio Juris, Volume 35, Issue 1, Page 38-54, March 2022.
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  16. Lazar on “Moral Sunk Costs” and the “Discount View”.Uwe Steinhoff - 2022 - Ratio Juris 35 (1):21-29.
    Ratio Juris, Volume 35, Issue 1, Page 21-29, March 2022.
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  17. The Limits of the Law.Gianfrancesco Zanetti - 2022 - Ratio Juris 35 (1):30-37.
    Ratio Juris, Volume 35, Issue 1, Page 30-37, March 2022.
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  18. Disobedience of Judges as a Problem of Legal Philosophy and Comparative Constitutionalism: A Polish Case.Mateusz Pilich - 2021 - Res Publica 27 (4):593-617.
    The article takes up the difficult problem of the so-called disobedience of judges against the background of the experiences of the Polish departure from constitutional democracy in 2015–2020. The special role and responsibility of a judge in the state imposes restrictions on her freedom of opinion in the public sphere. Openly manifesting opposition to government policy, which in the case of an ordinary citizen is only the implementation of human rights and freedoms, may be described as controversial and contrary to (...)
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  19. Proportionality as procedure: Strengthening the legitimate authority of the UN Committee on Economic, Social and Cultural Rights.Antoinette Scherz & Alain Zysset - 2021 - Global Constitutionalism 10 (3):524-546.
    The Committee on Economic, Social and Cultural Rights (CESCR) has a new mechanism to receive individual complaints and issue views, which makes the question of how the Committee should interpret the broad articles of the International Covenant on Economic, Social and Cultural Rights more pressing than ever. Most commentators on the legitimacy of the CESCR’s interpretation have argued that interpreters should make better use of Articles 31–33 of the Vienna Convention on the Law of Treaties (VCLT) in order to improve (...)
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  20. Review of Blake, Michael. Justice, Migration, and Mercy. [REVIEW]Matthew Lister - 2021 - Ethics 131 (3):600-605.
    The following is an unedited/copy edited version of a review to appear in Ethics. if citation is desired, please cite to the published version when it appears (April 2021). -/- For several years Michael Blake has been among the most important contributors to the philosophical literature on immigration. This book is therefore greatly anticipated, and develops a number of fruitful arguments. Although I will argue that the account is unsuccessful or incomplete at key points, it’s clearly an important work of (...)
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  21. Zhe Liu (2019): The Case You’re Working on is About Others’ Life.Xitao le ChengHu - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (1):245-249.
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  22. Protecting Democracy by Commingling Polities: The Case for Accepting Foreign Influence and Interference in Democratic Processes.Duncan MacIntosh - 2021 - In Duncan B. Hollis & Jens David Ohlin (eds.), Defending Democracies: Combating Foreign Election Interference in a Digital Age. Oxford University Press. pp. 93-114.
    This chapter criticizes several methods of responding to the techniques foreign powers are widely acknowledged to be using to subvert U.S. elections. It suggests that countries do this when they have a legitimate stake in each other’s political deliberations, but no formal voice in them. It also suggests that if they accord each other such a voice, they will engage as co-deliberators with arguments, rather than trying to undermine each other’s deliberative processes; and that this will be salutary for all (...)
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  23. In defense of exclusionary reasons.N. P. Adams - 2021 - Philosophical Studies 178 (1):235-253.
    Exclusionary defeat is Joseph Raz’s proposal for understanding the more complex, layered structure of practical reasoning. Exclusionary reasons are widely appealed to in legal theory and consistently arise in many other areas of philosophy. They have also been subject to a variety of challenges. I propose a new account of exclusionary reasons based on their justificatory role, rejecting Raz’s motivational account and especially contrasting exclusion with undercutting defeat. I explain the appeal and coherence of exclusionary reasons by appeal to commonsense (...)
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  24. Tying legitimacy to political power: Graded legitimacy standards for international institutions.Antoinette Scherz - 2019 - European Journal of Political Theory.
  25. What Makes Law Coercive When it is Coercive.Lucas Miotto - 2021 - Archiv Fuer Rechts Und Sozialphilosphie 107 (2):235-250.
    Most legal and political philosophers agree that typical legal systems are coercive. But there is no extant account of what typically makes typical legal systems coercive when they are coercive. This paper presents such an account and compares it with four alternative views. Towards the end I discuss the proposed account’s payoffs. Among other things, I show how it can help us explain what I call ‘comparative judgements’ about coercive legal systems (judgements such as ‘Legal system a is more coercive (...)
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  26. Against Philosophical Anarchism.Fabian Wendt - 2020 - Law and Philosophy 39 (5):527-544.
    Philosophical anarchists claim that all states lack political authority and are illegitimate, but that some states are nevertheless morally justified and should not be abolished. I argue that philosophical anarchism is either incoherent or collapses into either statism or political anarchism.
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  27. Representing Agency: An Introduction.Katrin Trüstedt - 2020 - Law and Literature 32 (2):195–206.
    This introduction examines the main premises and terms of the special issue: person, agency, and representation. It argues that representation and agency stand in an internal relation: There is no agent without its personification and no agency without its possible vicarious representation. Yet, personification and representation enable agency only by at the same time complicating the integrity, authority, and presence of the agent. The introduction elucidates the inherent and conflictual relation of representation and agency by means of three early modern (...)
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  28. Totemism of the Modern State: On Hans Kelsen’s Attempt to Unmask Legal and Political Fictions and Contain Political Theology.Arkadiusz Górnisiewicz - 2020 - Ratio Juris 33 (1):49-65.
    This paper argues that the writings of Hans Kelsen deserve more attention from those engaged in the debate on secularization and political theology. His lifelong struggle with various forms of legal‐political metaphysics is an identifiable thread in many of his writings. Kelsen’s concern with the theological‐political issues found in the theory of the state (Staatslehre) is far from being marginal. Kelsen claims that his theory aims at resolving the traditional dualism of law and state prevailing in the Staatslehre and contributes (...)
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  29. A Discourse on Recourse: Crime and Punishment.Brian Smithberger - unknown
    Crime takes its toll on any community. Crime does not always make a criminal. Therefore, punishment, once served, should be adequate for reconciliation and not deprive a person of life, liberty, and a remunerable career. Taking an honest look at the system is taking an even more honest look at the self and how it treats other people.
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  30. Prawa człowieka jako warunek możliwości wolności moralnej. Próba ontologicznej analizy wolności politycznej.Alicja Pietras - 2019 - Kultura I Wartości 28 (2019):131-164.
    The aim of the paper is an attempt at ontological analysis of the concept of political freedom (liberty) using the recognition and understanding of the concept of freedom (moral and political, negative and positive) in the history of philosophy. I refer, among others, to three known concepts: (1) Isaiah Berlin's distinction between positive and negative liberty, (2) Hannah Arendt historical analysis related to the distinction between political freedom and freedom of the will (moral freedom), and (3) Nicolai Hartmann's interpretation, criticism, (...)
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  31. Straffens filosofi.Kristoffer Balslev Willert - 2019 - Turbulens 1 (1):1.
  32. Das Band der Gesellschaft.Katerina Mihaylova, Daniela Ringkamp & Simon Bunke (eds.) - 2015 - Tübingen, Deutschland: Mohr Siebeck.
    The articles contained in this collection look at the displacements, upheavals and dislocations in the traditional definition of obligation as experienced in the 18th and early 19th centuries from the perspective of the humanities and cultural studies. The works in this volume not only focus on Kantian moral philosophy, as the pinnacle of a specific modern development, but also examine the diverse other concepts of obligation and how they were formulated through literature, aesthetics, politics and pedagogy.
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  33. Vernunft und Verbindlichkeit. Moralische Wahrheit in dem Natur- und Völkerrecht der deutschen Aufklärung.Katerina Mihaylova - 2015 - In Simon Bunke, Katerina Mihaylova & Daniela Ringkamp (eds.), Das Band der Gesellschaft. Tübingen, Deutschland: pp. 59-78.
  34. Soldiers as Public Officials: A Moral Justification for Combatant Immunity.Malcolm Thorburn - 2019 - Ratio Juris 32 (4):395-414.
    How can we make moral sense of the international humanitarian law doctrine of combatant immunity? The doctrine is morally shocking to many: It holds soldiers on both sides of a war immune from criminal prosecution for their otherwise criminal acts of killing, maiming, destroying property, etc., carried out as part of their country's war effort. That is, soldiers who kill as part of an attack benefit from the immunity just as much as those defending their country. Traditionally, just war theorists (...)
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  35. Metafísica para Juristas.Samuele Chilovi - 2022 - In D. Lagier & G. Lariguet (eds.), Filosofía. Una Introducción para Juristas. Madrid: Trotta.
  36. Theory of Sovereignty and the Body Politic in Modern and Contemporary Political Thought.Valerio Fabbrizi - 2018 - Philosophica Critica 4 (1):3-19.
    The purpose of this article is to investigate one of the most interesting and debated issues within the philosophical dis-cussion about politics: the metaphor of the body politic and its relation with the theory of sovereignty in contemporary political theory. After an opening section, which proposes a brief sketch about the origin of the body politic within phi-losophy (especially in Plato’s and Aristotle’s contributions), the article provides a theoretical insight of such a theory, by dealing with three of its definitions: (...)
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  37. The Public Power of Judgement: Reasonableness Versus Rationality—Setting the Ball Rolling.Karolina M. Cern, José Manuel Aroso Linhares & Bartosz Wojciechowski - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (1):3-15.
    The chief concern of the paper is to initiate discussion on the difference between the private and public power of judgement. The inspiration comes from Kant and his conception of the power of judgement, customs, morality and provisional law.
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  38. Virtue Ethics, Criminal Responsibility, and Dominic Ongwen.Renée Nicole Souris - 2019 - International Criminal Law Review 19 (3).
    In this article, I contribute to the debate between two philosophical traditions—the Kantian and the Aristotelian—on the requirements of criminal responsibility and the grounds for excuse by taking this debate to a new context: international criminal law. After laying out broadly Kantian and Aristotelian conceptions of criminal responsibility, I defend a quasi-Aristotelian conception, which affords a central role to moral development, and especially to the development of moral perception, for international criminal law. I show than an implication of this view (...)
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  39. Is the ‘hate’ in hate speech the ‘hate’ in hate crime? Waldron and Dworkin on political legitimacy.Rebecca Ruth Gould - 2019 - Jurisprudence 10 (2):171-187.
    Among the most persuasive arguments against hate speech bans was made by Ronald Dworkin, who warned of the threat to political legitimacy posed by laws that deny those subject to them adequ...
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  40. Legal Facts and Reasons for Action: Between Deflationary and Robust Conceptions of Law’s Reason-Giving Capacity.Noam Gur - 2019 - In Frederick Schauer, Christoph Bezemek & Nicoletta Bersier Ladavac (eds.), The Normative Force of the Factual: Legal Philosophy Between is and Ought. Springer Verlag. pp. 151-170.
    This chapter considers whether legal requirements can constitute reasons for action independently of the merits of the requirement at hand. While jurisprudential opinion on this question is far from uniform, sceptical views are becoming increasingly dominant. Such views typically contend that, while the law can be indicative of pre-existing reasons, or can trigger pre-existing reasons into operation, it cannot constitute new reasons. This chapter offers support to a somewhat less sceptical position, according to which the fact that a legal requirement (...)
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  41. The Constitution of Authority. [REVIEW]Michael Sevel - 2014 - Jurisprudence 5 (2):430-441.
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  42. On the Ground and Content of our Obligations to Future Generations: A review of Alex Gosseries and Luke H Meyer (eds), Intergenerational Justice by Sylvie Loriaux. [REVIEW]Sylvie Loriaux - 2012 - Jurisprudence 3 (1):263-266.
  43. An Acquittal for Epistemicism.Hesam Mohamadi - 2018 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 31 (4):905-928.
    Scott Soames argues that consideration of the practice of legal judgement gives us good reason to favor the partial-definition/context-sensitive theory of vagueness against epistemicism. Despite the fact that the value of power-delegation through vagueness is evidenced in practice, Soames says, epistemicism cannot account for it theoretically, while the partial-definition/context-sensitive theory is capable of it. In this paper, I examine the two possible arguments against epistemicism that can be extracted from Soames’s account: (i) an argument based on unknown obligations, and (ii) (...)
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  44. El filósofo, el legislador, y el sistema.A. Rábanos Julieta - 2017 - Revus. Journal for Constitutional Theory and Philosophy of Law / Revija Za Ustavno Teorijo in Filozofijo Prava 1.
    El objetivo del presente trabajo es sugerir que las cuestiones centrales relacionadas con el legislador no fueron abordadas en profundidad por Bulygin en el marco de su prolífica obra, conduciendo así a algunas inconsistencias internas en su pensamiento. Me propongo sugerir, específicamente, que: i) el ideal de sistema jurídico que sostiene en Normative Systems parece estar basado en el ideal del legislador racional; ii) el análisis de las lagunas normativas para Bulygin es dependiente de la existencia de un recorte en (...)
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  45. Morality Under Risk.Chad Lee-Stronach - 2019 - Dissertation,
    Many argue that absolutist moral theories -- those that prohibit particular kinds of actions or trade-offs under all circumstances -- cannot adequately account for the permissibility of risky actions. In this dissertation, I defend various versions of absolutism against this critique, using overlooked resources from formal decision theory. Against the prevailing view, I argue that almost all absolutist moral theories can give systematic and plausible verdicts about what to do in risky cases. In doing so, I show that critics have (...)
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  46. Justifying Resistance to Immigration Law: The Case of Mere Noncompliance.Caleb Yong - 2018 - Canadian Journal of Law and Jurisprudence 2 (31):459-481.
    Constitutional democracies unilaterally enact the laws that regulate immigration to their territories. When are would-be migrants to a constitutional democracy morally justified in breaching such laws? Receiving states also typically enact laws that require their existing citizens to participate in the implementation of immigration restrictions. When are the individual citizens of a constitutional democracy morally justified in breaching such laws? In this article, I take up these questions concerning the justifiability of noncompliance with immigration law, focusing on the case of (...)
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  47. Book ReviewsChristopher Heath Wellman,, and A. John Simmons,. Is There a Duty to Obey the Law? Cambridge: Cambridge University Press, 2005. Pp. 200. $50.00 ; $18.99. [REVIEW]Richard Dagger - 2007 - Ethics 118 (1):184-188.
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  48. Book ReviewsWilliam A., ed. Edmundson, The Duty to Obey the Law: Selected Philosophical Readings. Lanham, Md.: Rowman & Littlefield, 1999. Pp. x+352. $74.95 ; $23.95. [REVIEW]Christopher Roberson - 2002 - Ethics 112 (3):614-616.
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  49. What Does ‘Legal Obligation’ Mean?Daniel Wodak - 2018 - Pacific Philosophical Quarterly 99 (4):790-816.
    What do normative terms like “obligation” mean in legal contexts? On one view, which H.L.A. Hart may have endorsed, “obligation” is ambiguous in moral and legal contexts. On another, which is dominant in jurisprudence, “obligation” has a distinctively moralized meaning in legal contexts. On a third view, which is often endorsed in philosophy of language, “obligation” has a generic meaning in moral and legal con- texts. After making the nature of and disagreements between these views precise, I show how linguistic (...)
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  50. Obligation and Impersonality: Wittgenstein and the Nature of the Social.Albert Ogien - 2016 - Philosophy of the Social Sciences 46 (6):604-623.
    Although sociologists conceive obligation as an objective force that compels individuals to act and think according to pre-defined norms of conduct and ways of reasoning, philosophers view it as an imperative that is met through the agent’s deliberation. The aim of this article is to undermine the standard dichotomy between the deterministically sociological and the moral–philosophical views of obligation by way of contending that Wittgenstein’s view on blind obedience bears a conception of the social. I will then argue that Wittgenstein’s (...)
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