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Of law

In Marmor Andrei (ed.), The Routledge Companion to Philosophy of Law. Routledge. pp. 65 (2012)

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  1. The content-independence of political obligation: What it is and how to test it.Laura Valentini - 2018 - Legal Theory 24 (2):135-157.
    One of the distinctive features of the obligation to obey the law is its content-independence. We ought to do what the law commands because the law commands it, and not because of the law's content—i.e., the independent merits of the actions it prescribes. Despite its popularity, the notion of content-independence is marked by ambiguity. In this paper, I first clarify what content-independence is. I then develop a simple test—the “content-independence test”—which allows us to establish whether any candidate justification of the (...)
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  • Obeying the law.Michael Sevel - 2018 - Legal Theory 24 (3):191-215.
    ABSTRACTWhat is it to obey the law? What is it to disobey? Philosophers have paid little attention to these questions. Yet the concepts of obedience and disobedience have long grounded many perennial debates in moral, legal, and political philosophy. In this essay, I develop systematic accounts of each concept. The Standard View of obedience—that to obey the law is to act for a certain sort of reason provided by the law—has long been taken for granted. I argue against this and (...)
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  • Strong popular sovereignty and constitutional legitimacy.George Duke - 2017 - European Journal of Political Theory 19 (3):354-374.
    Recent critiques of attempts to ground constitutional legitimacy in the constituent power of a strong popular sovereign have tended to focus upon the tension between strong popular sovereignty and...
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