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The Functions of Law

Cogito 12 (2):117-124 (1998)

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  1. Unlocking Legal Validity: Some Remarks on the Artificial Ontology of Law.Paolo Sandro - 2018 - In Anne Mackor, Stephan Kirste, Jaap Hage & Pauline Westerman (eds.), Legal Validity and Soft Law. Cham: Springer Verlag.
    Following Kelsen’s influential theory of law, the concept of validity has been used in the literature to refer to different properties of law (such as existence, membership, bindingness, and more), and so it is inherently ambiguous. More importantly, Kelsen’s equivalence between the existence and the validity of law prevents us from accounting satisfactorily for relevant aspects of our current legal practices, such as the phenomenon of “unlawful law.” This chapter addresses this ambiguity to argue that the most important function of (...)
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  • Assessment criteria or standards of proof? An effort in clarification.Giovanni Tuzet - 2020 - Artificial Intelligence and Law 28 (1):91-109.
    The paper provides a conceptual distinction between evidence assessment criteria and standards of proof. Evidence must be assessed in order to check whether it satisfies a relevant standard of proof, and the assessment is operated with some criterion; so both criteria and standards are necessary for fact-finding. In addition to this conceptual point, the article addresses three main questions: Why do some scholars and decision-makers take assessment criteria as standards of proof and vice versa? Why do systems differ as to (...)
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  • Functions in Jurisprudential Methodology.Kenneth Ehrenberg - 2013 - Philosophy Compass 8 (5):447-456.
    This paper guides the reader through the use of functions in contemporary legal philosophy: in developing those philosophies and through methodological debates over their proper role. This paper is broken into two sections. In the first I canvass the role of functions in the legal philosophies of several mid to late twentieth century Anglo-American general jurisprudents whose theories are still common topics of discussion: Ronald Dworkin, H.L.A. Hart, Lon L. Fuller, John Finnis, and Joseph Raz. In the second, I examine (...)
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