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  1. The Two Faces of Binding Precedents: A Hohfeldian Look.María Beatriz Arriagada - 2024 - Ratio Juris 37 (1):25-47.
    Taking into account one of the meanings of the expression binding precedent and stipulating a definition for that meaning, this article aims to contribute to the concept's structural characterization. By this I mean the effort to identify the legal norms on which the existence and functioning of binding precedents depend and to show that these norms constitute a group of Hohfeldian legal relations between the courts whose precedents must be followed, the courts that must follow them, and the individuals whose (...)
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  • Virtue Beyond Contract: A MacIntyrean Approach to Employee Rights.Caleb Bernacchio - 2020 - Journal of Business Ethics 171 (2):227-240.
    Rights claims are ubiquitous in modernity. Often expressed when relatively weaker agents assert claims against more powerful actors, especially against states and corporations, the prominence of rights claims in organizational contexts creates a challenge for virtue-based approaches to business ethics, especially perspectives employing MacIntyre’s practices–institutions schema since MacIntyre has long been a vocal critic of the notion of human rights. In this article, I argue that employee rights can be understood at a basic level as rights conferred by the rules (...)
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