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Legal Forms and Reproductive Norms
Social & Legal Studies, 2003This article draws on Pashukanis's concept of legal form and on O'Brien's concept of synthetic value to argue that legal form plays a role in reproductive relations by constructing legal subjects as the bearers of reproductive responsibilities.
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Legalism and Professional Norms
SSRN Electronic Journal, 2023Abstract Empirical scholars have set out to refute legalism in a simple version. Legalism has been said to hold that ‘the law is “out there”, distinct from morals and politics, legal rules are determinate, the legal system is complete’. These elements stem from different and partially contradicting legal theories: the declaratory theory ...
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Legal Positivism, Law's Normativity, and the Normative Force of Legal Justification
Ratio Juris, 2003In this article, I distinguish between a moral and a strictly legal conception of legal normativity, and argue that legal positivists can account for law's normativity in the strictly legal but not in the moral sense, while pointing out that normativity in the former sense is of little interest, at least to lawyers. I add, however, that while the moral
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Norms, normative propositions, and legal statements
1982Two major events characterize the development of legal philosophy in the decade 1966–1976: first, the increasing interest of legal theorists in deontic logic and the subsequent attempts to capitalize upon the insights achieved by deontic logicians for the clarification of legal reasoning and the analysis of legal concepts;1 second, the powerful attack ...
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Norms and Normativity in Socio-Legal Research
2014The aim of this chapter is twofold. First, it examines the relationship between norms and normativity arguing that normativity is generated by the system as well as the lifeworld, and it is not necessarily reducible to the effects or functions of individual norms.
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Is Legal Philosophy Normative?
2011H. L. A. Hart characterized his theory about the nature of law as “descriptive and morally neutral.” Like previous legal positivists such as John Austin and Hans Kelsen, he thought that a philosophical account of the nature of law should strive to avoid moralizing of any kind, and should aim at an explanation of the nature of law that is quite general ...
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