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  1. A storm from paradise: Liberalism and the problem of time.Jacob Segal - 1994 - Critical Review: A Journal of Politics and Society 8 (1):23-48.
    The tendency of classical politics to embed the individual in universal and transcendental patterns of action followed in part from the recognition of the futility of unpredictable action oriented to the individual's transient personal future. By contrast, F. A. Hayek argues for liberalism and the rule of law because it is instrumental to the achievement of human ends. Michael Oakeshott, however, claims that freedom is a value in itself, and that liberalism should emphasize moral autonomy because the moral life is (...)
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  • Positive Law and Systemic Legitimacy: A Comment on Hart and Habermas.Eric W. Orts - 1993 - Ratio Juris 6 (3):245-278.
    The author revisits H. L. A. Hart's theory of positive law and argues for a major qualification to the thesis of the separation of law and morality based on a concept of systemic legitimacy derived from the social theory of Jurgen Habermas. He argues that standards for assessing the degree of systemic legitimacy in modern legal systems can develop through reflective exercise of “critical legality,” a concept coined to parallel Hart's “critical morality,” and an expanded understanding of the “external” and (...)
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  • Law as Memory.Constance Youngwon Lee & Jonathan Crowe - 2015 - Law and Critique 26 (3):251-266.
    This article explores the claim that law is characteristically in search of the past. We argue that the structure of memory defines our relationship with the past and this relationship, in turn, has important implications for the nature of law. The article begins by examining the structure of memory, drawing particularly on the work of Henri Bergson. It then draws out the implications of Bergson’s theory for the interplay of past and present, highlighting the challenges this poses for law’s project (...)
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  • Flaws and Virtues of An Artifact Theory of Law.Miguel Angel Garcia-Godinez - 2019 - Ratio Juris 32 (1):117-131.
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