隐藏
发表于 2025-3-25 06:47:35
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BILL
发表于 2025-3-25 10:00:28
Cooperative Conventions, Rules of Recognition and Institutional Practicesnew, more sophisticated version of conventionalism. According to this new version, the rule of recognition should be understood, not as a coordinative convention, but as a cooperative convention. The paper examines Postema’s cooperative convention account. It claims that it is unsuccessful for a cru
喷出
发表于 2025-3-25 11:43:38
On Identifying the Law and Its Supposed Conventional Foundations. A Set-Theory Approachold and intertwined problems of legal philosophy: the identification of law and the rational reconstruction of an ultimate rule of recognition. The main results of the inquiry are the following. (1) Contrary to a widespread view, “law” does not denote a unitary set of rules, but rather a family of s
尖
发表于 2025-3-25 16:05:29
Conventionalism Unchained and Sceptical. A Defence of a Quasi-Realist Account of Legal Statements Agntions were then proposed as a substitute for the practice theory capable of showing the existence of legal duties. In this text Arena examines two different conventionalist strategies that have been proposed as answers to Dworkin’s criticisms—Marmor’s constitutive conventionalism and Postema’s cons
弯曲的人
发表于 2025-3-25 20:53:43
Conventionalism and the Causal Theory of Referencegenerally understood as convention-based in the sense that it emphasises the existence of conventions that determine what descriptions are relevant. However, this descriptivist approach has been shown to be problematic in reconstructing our linguistic practices. In contrast, the Causal Theory of Ref
揭穿真相
发表于 2025-3-26 00:11:33
The Interpretation of Planso emphasizes the relevance of social facts while refusing the requirement of interpretive conventions. Like Dworkin, he understands that, in order to provide an explanation for theoretical disagreements, it is essential to take into consideration the purpose of legal practice. In addition, both agre
Baffle
发表于 2025-3-26 06:59:28
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Harbor
发表于 2025-3-26 09:01:43
Springer Nature Switzerland AG 2019
和平主义者
发表于 2025-3-26 16:30:19
Legal Conventionalism978-3-030-03571-6Series ISSN 1572-4395 Series E-ISSN 2215-0315
hair-bulb
发表于 2025-3-26 18:44:35
Introduction,a reason to follow it, and a set of expectations generated by the common knowledge of these circumstances. This characterization is already found in the seminal work of David Lewis, and has been adopted, with some variations, as the starting point of the current discussion on legal conventionalism.