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  1. Less Incorrect Ways of Doing Jurisprudence.Raffael N. Fasel - forthcoming - American Journal of Jurisprudence.
    : Theorists interested in the question of how to do jurisprudence often have the aspiration of developing a method that is the correct one. The article challenges this aspiration. Focusing on Julie Dickson’s claim that Indirectly Evaluative Legal Theory is the correct method, I show that any method claiming to be the correct one runs into the problem that law is not the kind of thing that a legal theorist could capture independently of her underlying conception of law, and without (...)
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  2. The Theoretical Logic and Contemporary Value of Legal Philosophy in Hegel’s Critique of Legal Philosophy.芳 刘 - 2022 - Advances in Philosophy 11 (2):149-153.
  3. Towards a Theatrical Jurisprudence.Marett Leiboff - 2019 - Routledge.
    This book brings the insights of theatre theory to law, legal interpretation and the jurisprudential to reshape law as a practice of response and responsibility. Confronting a Baconian antitheatrical legality embedded in its jurisprudences and interpretative practices, the book turns to theatre theory and practice to ground a theatrical jurisprudence, taking its cues from Han-Thies ¿Lehmann¿s conception of the post-dramatic theatre and the early work of theatre visionary Jerzy Grotowski. It asks law to move beyond an imagined ideal grounded in (...)
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  4. Sociological Jurisprudence: Juristic Thought and Social Inquiry.Roger Cotterrell - 2017 - Routledge.
    This book presents a unified set of arguments about the nature of jurisprudence and its relation to the jurist's role. It explores contemporary challenges that create a need for social scientific perspectives in jurisprudence, and it shows how sociological resources can and should be used in considering juristic issues. Its overall aim is to redefine the concept of sociological jurisprudence and outline a new agenda for this. Supporting this agenda, the book elaborates a distinctive juristic perspective that recognises law's diversity (...)
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  5. 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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  6. Postema and the Common Law Tradition.Michael Lobban - 2022 - Ratio Juris 35 (1):71-91.
    Ratio Juris, Volume 35, Issue 1, Page 71-91, March 2022.
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  7. Constructivist Facts as the Bridge Between Is and Ought.Jaap Hage - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-29.
    This article describes how the facts in social reality take an intermediate position between objective facts and purely subjective ‘facts’. In turn, these social facts can be subdivided into constructivist and non-constructivist facts. The defining difference is that non-constructivist facts are completely determined by an approximate consensus between the members of a social group, while constructivist facts are founded in such a consensus but can nevertheless be questioned. Ought fact are such constructivist facts. Because they are founded in social reality, (...)
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  8. A critique of strong Anti-Archimedeanism: metaethics, conceptual jurisprudence, and legal disagreements.Pablo A. Rapetti - 2022 - Synthese 200 (2):1-27.
    This paper is divided into two parts. In the first one I distinguish between weak and strong Anti-Archimedeanisms, the latter being the view that metaethics, just as any other discipline attempting to work out a second-order conceptual, metaphysical non-committed discourse about the first-order discourse composing normative practices, is conceptually impossible or otherwise incoherent. I deal in particular with Ronald Dworkin’s famous exposition of the view. I argue that strong Anti-Archimedeanism constitutes an untenable philosophical stance, therefore making logical space for the (...)
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  9. Escepticismo ante las reglas y pedigree democrático de la dificultad contramayoritaria.Sebastián Reyes Molina - 2021 - DOXA 1 (44):219-232.
    The counter majoritarian difficulty is one of the main objections against the judicial review. In this paper, this objection is analyzed from the standpoint of the norm formulation/norm distinction. By stressing the distinc- tion between norm formulations and norms, I claim that when judicial review prevents the application of a norm to an individual case the counter majoritarian difficulty objection does not hold.
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  10. Sobre derecho y averiguación de la verdad.Sebastián Reyes Molina - 2017 - DOXA 1 (40):317-336.
    In the field of Evidence Law the relation between truth and law has been a somewhat non- debated topic in the past years. It is a given that such a connection exists and, it is understood as the notion of the ascertainment of the truth of disputed questions of fact through legal evidence. The thesis that I have reconstructed in this paper has been presented by Prof. Jordi Ferrer who grounds the connection between truth and law in the role of (...)
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  11. The Austerity of Lone Motherhood: Discrimination Law and Benefit Reform.Meghan Campbell - 2021 - Oxford Journal of Legal Studies 41 (4):1197-1226.
    The austerity-motivated reforms of the UK benefit system have had a devastating and disproportionate impact on vulnerable groups. Lone mothers are challenging these regulations as discriminatory. Their claims raise an under-theorised question: how should courts adjudicate claims for status equality in the realm of fiscal policy? The courts are adopting a fragmented model of equality that artificially divides status and economic inequalities. This approach fails to fully account for the multiple dimensions of disadvantage at stake in these claims. Using a (...)
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  12. Jurisprudence in a Globalized World.Jorge Luis Fabra Zamora - 2020 - Cheltenham, UK: Edward Elgar Publishing.
    In this unique book, leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. Traditionally the central debates surrounding jurisprudence and legal theory are concerned with the elucidation of the particularities of state-law. This innovative book considers that this orthodox picture may no longer be tenable, given the increasing standardization of technologies, systems and information worldwide. -/- Split across four thematic parts, this timely book provides a broad (...)
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  13. Methodologies of Rule of Law Research: Why Legal Philosophy Needs Empirical and Doctrinal Scholarship.Sanne Taekema - 2021 - Law and Philosophy 40 (1):33-66.
    Rule of law is a concept that is regularly debated by legal philosophers, often in connection to discussion of the concept of law. In this article, the focus is not on the substance of the conceptual claims, but on the methodologies employed by legal philosophers, investigating seminal articles on the rule of law by Joseph Raz and Jeremy Waldron. I argue that their philosophical argumentations often crucially depend on empirical or legal doctrinal arguments. However, these arguments remain underdeveloped. I explore (...)
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  14. Reasonableness on the Clapham Omnibus: Exploring the Outcome-Sensitive Folk Concept of Reasonable.Markus Kneer - forthcoming - In P. Bystranowski, Bartosz Janik & M. Prochnicki (eds.), Judicial Decision-Making: Integrating Empirical and Theoretical Perspectives. Springer Nature.
    This paper presents a series of studies (total N=579) which demonstrate that folk judgments concerning the reasonableness of decisions and actions depend strongly on whether they engender positive or negative consequences. A particular decision is deemed more reasonable in retrospect when it produces beneficial consequences than when it produces harmful consequences, even if the situation in which the decision was taken and the epistemic circumstances of the agent are held fixed across conditions. This finding is worrisome for the law, where (...)
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  15. Methodenfrage der Rechtswissenschaft in China: Rückblick und Ausblick.Wei Feng - 2016 - In Yuanshi Bu (ed.), Juristische Methodenlehre in China und Ostasien. pp. 45-75.
    Die Disziplin, die als „Juristische Methodenlehre“ bezeichnet wird, ist gegenwärtig chinesischen Juristen nicht fremd, sie stammt aber ursprünglich aus dem deutschen Sprachraum. In der Literatur finden sich auch verwandte Ausdrücke wie „Juristische Methodologie“, „Juristische Methodik“ bzw.„Methodenlehre der Rechtswissenschaft“. Seit Anfang des 21. Jahrhunderts wurde ihre Rezeption in China durch zwei Übersetzungen gekennzeichnet, nämlich die „rechtswissenschaftliche Methodenlehre“ (faxue fangfalun) und die „rechtliche Methodenlehre“ (falü fangfalun). Neben der herkömmlichen Methodenlehre entwickelte sich auch eine jüngere Theorie der juristischen Argumentation, die die weltweite Aufmerksamkeit (...)
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  16. Debating Sociological Jurisprudence: A Reply.Roger Cotterrell - 2019 - Ratio Juris 32 (4):521-528.
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  17. How to Be a Transnational Jurist: Reflections on Cotterrell’s Sociological Jurisprudence.Sanne Taekema - 2019 - Ratio Juris 32 (4):509-520.
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  18. Thoughts on Sociological Jurisprudence: Juristic Thought and Social Inquiry.Mauro Zamboni - 2019 - Ratio Juris 32 (4):487-497.
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  19. Jurisprudential Methodology: Is Pure Interpretation Possible?Kevin Walton - 2013 - In José Juan Moreso and Diego M. Papayannis Jordi Ferrer Beltrán (ed.), Neutrality and Theory of Law. Dordrecht, Netherlands: pp. 255-273.
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  20. Gerald Postema on ‘Genuinely Philosophical Jurisprudence’.Kevin Walton - 2017 - Jurisprudence 8 (3):604-608.
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  21. Vagueness and Law. Philosophical and Legal Perspectives.Keil Geert & Ralf Poscher - 2016 - In Geert Keil & Ralf Poscher (eds.), Vagueness and Law. Philosophical and Legal Perspectives. Oxford: Oxford University Press. pp. 1-20.
    Vague expressions are omnipresent in natural language. As such, their use in legal texts is virtually inevitable. If a law contains vague terms, the question whether it applies to a particular case often lacks a clear answer. One of the fundamental pillars of the rule of law is legal certainty. The determinacy of the law enables people to use it as a guide and places judges in the position to decide impartially. Vagueness poses a threat to these ideals. In borderline (...)
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  22. Vagueness and Law: Philosophical and Legal Perspectives.Geert Keil & Ralf Poscher (eds.) - 2016 - Oxford University Press.
    Vague expressions are omnipresent in natural language. Their use in legal texts is inevitable. A law phrased in vague terms will often leave it indeterminate whether it applies to a particular case. This places the law at odds with legal values. One of the fundamental pillars of the rule of law is legal certainty. The determinacy of the law enables people to use it as a guide and allows judges make impartial decisions. Vagueness poses a threat to these ideals. In (...)
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  23. Why Originalism Needs Critical Theory: Democracy, Language, and Social Power.Annaleigh Curtis - 2015 - Harvard Journal of Law and Gender 38 (2):437-459.
    I argue here that the existence of hermeneutical injustice as a pervasive feature of our collective linguistic and conceptual resources undermines the originalist task at two levels: one procedural, one substantive. First, large portions of society were (and continue to be) systematically excluded from the process of meaning creation when the Constitution and its Amendments were adopted, so originalism relies on enforcement of a meaning that was generated through an undemocratic process. Second, the original meaning of some words in those (...)
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  24. Legal Philosophy and the Social Sciences: The Potential for Complementarity.Kevin Walton - 2015 - Jurisprudence 6 (2):231-251.
    In this paper, I argue that dialogue between legal philosophers and social scientists can be mutually beneficial. Nicola Lacey offers a vision of jurisprudence that supposes as much. I start by setting out my interpretation of her view. I then defend its potential, which she takes for granted, from the challenges posed by, first, an apparent friend—Brian Leiter—and, second, obvious adversaries—Joseph Raz and others. My response proposes an alternative to their conceptions of legal philosophy, one that is consistent with my (...)
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  25. 'Unable to Return' in the 1951 Refugee Convention: Stateless Refugees and Climate Change.Heather Alexander & Jonathan Simon - 2014 - Florida Journal of International Law 26 (3):531-574.
    Argues that it is not only a point of literal construction, but also inherent in the object and purpose of the 1951 Refugee Convention, that displaced stateless persons unable to return to their countries of former habitual residence may be eligible for refugee status even if unpersecuted. 'Unable to return' as it occurs in the clause following the semi-colon of 1(A)2 of the 1951 Refugee Convention must be understood as a term of art subject to appropriate canons of construction in (...)
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  26. Le choix de la méthode en jurisprudence.Luigi Bagolini - 1958 - Logique Et Analyse 1 (2):49.
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  27. The Politics of Jurisprudence: A Critical Introduction to Legal Philosophy, 2nd Edition.Adrian Chan - 2005 - Contemporary Political Theory 4 (3):347-349.
  28. Access to Justice and the Public Interest in the Administration of Justice.Lucinda Vandervort - 2012 - University of New Brunswick Law Journal 63:124-144.
    The public interest in the administration of justice requires access to justice for all. But access to justice must be “meaningful” access. Meaningful access requires procedures, processes, and institutional structures that facilitate communication among participants and decision-makers and ensure that judges and other decision-makers have the resources they need to render fully informed and sound decisions. Working from that premise, which is based on a reconceptualization of the objectives and methods of the justice process, the author proposes numerous specific changes (...)
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  29. Empirical Uncertainty and Legal Decision-Making.Lucinda Vandervort - 1985 - In Eugenio Bulygin, Jean Louis Gardies & Ilkka Nilniluoto (eds.), LAW AND MODERN FORMS OF LIFE, with an introduction by Michael D. Bayles, volume 1, Law and Philosophy Library, pp. 251-261. D. Reidel Publishing.
    In this paper I argue that the rationality of law and legal decision making would be enhanced by a systematic attempt to recognize and respond to the implications of empirical uncertainty for policy making and decision making. Admission of uncertainty about the accuracy of facts and the validity of assumptions relied on to make inferences of fact is commonly avoided in law because it raises the spectre of paralysis of the capacity to decide issues authoritatively. The roots of this short-sighted (...)
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  30. Li Xiang Guo Yi Hou: Zheng Zhi Zhe Xue Yu Fa Xue Lun Zha = Essays on Political Philosophy and Jurisprudence.Su Gu - 2006 - Jiangsu Ren Min Chu Ban She.
    本书选辑了作者关于政治法律哲学的论文和政论,围绕民主、法治、公民权利和人文知识分子的良知等当代热点问题,联系中国的现实展开论述。.
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  31. The Judicial Decision.S. M. W. - 1961 - Review of Metaphysics 15 (2):347-347.
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  32. On Two Juxtapositions: Concept and Nature, Law and Philosophy. Some Comments on Joseph Raz's "Can There Be a Theory of Law?".Robert Alexy - 2007 - Ratio Juris 20 (2):162-169.
  33. The Nature of Legal Philosophy.Robert Alexy - 2004 - Ratio Juris 17 (2):156-167.
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  34. On the Concept and the Nature of Law.Robert Alexy - 2008 - Ratio Juris 21 (3):281-299.
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  35. The Concept of Jurisprudence.Robert Alexy & Ralf Dreier - 1993 - In K. B. Agrawal & R. K. Raizada (eds.), Sociological Jurisprudence and Legal Philosophy: Random Thoughts On. University Book House. pp. 1-13.
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  36. The Rule of Rules: Morality, Rules, and the Dilemmas of Law.Larry Alexander (ed.) - 2001 - Duke University Press.
    In "The Rule of Rules" Larry Alexander and Emily Sherwin examine this dilemma.
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  37. A Systematic View of the Science of Jurisprudence.Sheldon Amos - 1872 - F.B. Rothman.
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  38. A Dictionary of Legal Theory.Brian Bix - 2004 - Oxford University Press.
    Modern legal theory contains a wide range of approaches and topics: from economic analysis of law to feminist legal theory to traditional analytical legal philosophy to a range of theories about justice. This healthy variety of jurisprudential work has created a problem: students and theorists working in one tradition may have difficulty understanding the concepts and terminology of a different tradition. This book works to make terminology and ways of thinking accessible. This dictionary covers topics from 'the autonomy of law' (...)
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  39. Analyzing Law: New Essays in Legal Theory.Brian Bix (ed.) - 1998 - Oxford University Press.
    Analyzing Law offers an important selection of the most influential and challenging work now being done in legal theory. A central focus of the essays in this work is the contribution of the well-known philosopher Jules Coleman to the various topics which are covered by the contributors.
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  40. Law, Language, and Legal Determinacy.Brian Bix - 1993 - Oxford University Press.
    This book discusses one of the central problems in the philosophy of law--the question of legal determinacy. Is the law a seamless web or are there gaps? Bix argues that the major re-thinking of the common and "common sense" views about law that have been proposed by various recent legal theories is unnecessary. He offers a reconsideration of the role of language in the law, and the way ideas about language have been used and misused in recent legal theory. He (...)
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  41. Common Law Approaches to the Relationship Between Law and Morality.Roger Cotterrell - 2000 - Ethical Theory and Moral Practice 3 (1):9-26.
    How are general relations of law and morality typically conceived in an environment of Anglo-saxon common law? This paper considers some classical common law methods and traditions as these have confronted and been overlaid with modern ideas of legal positivism. While classical common law treated a community and its morality as the cultural foundation of law, legal positivism's analytical separation of law and morals, allied with liberal approaches to legal regulation, have made the relationship of legal and moral principles more (...)
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  42. What's Wrong with Litigation-Driven Science? An Essay in Legal Epistemology.Susan Haack - 2008 - Midwest Studies in Philosophy, 32:20-35.
    Rehearing Daubert on remand from the Supreme Court, Judge Kozinski introduced a fifth "Daubert factor" of his own: that expert testimony is based on "litigation-driven science" is an indication that it is unreliable. This article explores the role this factor has played in courts' handling of scientific testimony, clears up an ambiguity in "litigation-driven" and some uncertainties in "reliable," and assesses the reasons courts have given for reading such research with suspicion. This analysis reveals that research that is litigation-driven in (...)
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Descriptive Jurisprudence
  1. How to Theorise About the Criminal Law: Thoughts on Methodology Prompted by Alex Sarch’s Criminally Ignorant.Aness Kim Webster - 2021 - Jurisprudence 12 (2):247-258.
    Alex Sarch’s recent book, Criminally Ignorant: Why the Law Pretends We Know What We Don’t is a wonderfully rich work.1 Sarch provides and defends an explanatorily powerful theory of criminal culpab...
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  2. Describing Law.Raff Donelson - 2020 - Canadian Journal of Law and Jurisprudence 33 (1):85-106.
    Legal philosophers make a number of bold, contentious claims about the nature of law. For instance, some claim that law necessarily involves coercion, while others disagree. Some claim that all law enjoys presumptive moral validity, while others disagree. We can see these claims in at least three, mutually exclusive ways: (1) We can see them as descriptions of law’s nature (descriptivism), (2) we can see them as expressing non-descriptive attitudes of the legal philosophers in question (expressivism), or (3) we can (...)
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  3. Law is an Institution an Artifact and a Practice.Kenneth M. Ehrenberg - 2018 - In Luka Burazin, Kenneth Einar Himma & Corrado Roversi (eds.), Law as an Artifact. Oxford: Oxford University Press. pp. 177-191.
    I have argued that law is a genre of institutionalized abstract artifact, meaning that laws are purposive products of human creation designed to signal norms of behavior with respect to them. Its institutional nature is seen in the fact that it is a system of artificial statuses that convey deontic powers to status holders understood in their institutional roles. Following Searle in explaining institutions, however, is also to see the institution as the 'continuing possibility of a practice.' Hence there is (...)
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  4. Down the Methodological Rabbit Hole.David Frydrych - 2017 - Crítica. Revista Hispanoamericana de Filosofía 49 (147):41-73.
    This article surveys methodological matters that shape, drive, and plague analytic legal philosophy. Section 2 briefly explicates conceptual analysis, analytic definitions, and family resemblance concepts. It also argues that central cases are used in more than one way. Section 3 presents criticisms of those concepts and methods, and suggests that some of these difficulties are due to the lack of a shared paradigm regarding a counterexample’s impact. Section 4 explains “meta- theoretical” desiderata. It contends that, to date, legal philosophical appeals (...)
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  5. Assessment Sensitivity in Legal Discourse.Andrej Kristan & Massimiliano Vignolo - 2018 - Inquiry: An Interdisciplinary Journal of Philosophy 61 (4):394-421.
    We explain three phenomena in legal discourse in terms of MacFarlane’s assessment-sensitive semantics: incompatible applications of law, assessments of statements about what is legally the case, and retrospective overruling. The claim is that assessment sensitivity fits in with the view, shared by many legal theorists at least with respect to hard cases, that the final adjudicator’s interpretation of legal sources is constitutive of the applied norm. We argue that there are strong analogies between certain kinds of statements in legal discourse (...)
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  6. The Law From Wergild to the Postmodern: Thinking of Restorative Justice.Chatterjee Subhasis Chattopadhyay - manuscript
    This is part of a proposed monograph on the Law, and jurisprudence and is to be used for understanding punishment through wergild to the early Modern and to even the post-modern. The paper is just a draft and in the future will be published as a monograph.
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  7. Evaluating the Force of Law's Force. [REVIEW]Lucas Miotto - 2015 - Australian Journal of Legal Philosophy 40:229-236.
  8. The Education Of A Founding Father: The Reading List for John Witherspoon's Course in Political Theory, as Taken by James Madison.Dennis F. Thompson - 1976 - Political Theory 4 (4):523-529.
    ...Witherspoon's Course in Political Theory, as Taken by James Madison Dennis F. Thompson Princeton University [523...Witherspoon's Course in Political Theory, as Taken by James Madison. James Madison was an unusually wen-prepared student when, at eighteen...
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