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In Defense of the Standard Picture: The Basic Challenge
Ratio Juris 34 (3):187-206 (2021)
Abstract
In this article I defend what Mark Greenberg has labeled the standard picture of law against the attack on it by Greenberg and Scott Hershovitz. I point out that law on the standard picture’s conception of it has moral virtues that Greenberg's own moral impact theory and Hershovitz’s similar theory lack. Moreover, it avoids a vicious circularity that bedevils Greenberg’s theory.Author's Profile
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Citations of this work
In Defense of the Standard Picture: What the Standard Picture Explains That the Moral Impact Theory Cannot.Bill Watson - 2022 - Legal Theory 28 (1):59-88.
The concept of a rule in baseball: an essay in honor of J.S. Russell, jurisprudent of sport.Mitchell N. Berman - 2025 - Journal of the Philosophy of Sport 52 (2):189-201.
Legislation as commitment – a defence of the ‘Standard Picture’ of statutory law on the basis of a commitment-based theory of communication.Marat Shardimgaliev - 2022 - Dissertation, University of Reading
In Defense of the Standard Picture: Overcoming Death by a Thousand Cuts.Larry Alexander - 2023 - Ratio Juris 36 (3):199-213.
One-System Integrity and the Legal Domain of Morality.Conor Crummey - 2022 - Legal Theory 28 (4):269-297.
References found in this work
Moral thinking: its levels, method, and point.R. M. Hare (ed.) - 1981 - Oxford: Oxford University Press.
Moral Thinking: Its Levels, Method, and Point.R. M. Hare - 1981 - Oxford, GB: Oxford University Press.
Playing by the rules: a philosophical examination of rule-based decision-making in law and in life.Frederick Schauer - 1991 - New York: Oxford University Press.
Authority and Reason‐Giving.David Enoch - 2012 - Philosophy and Phenomenological Research 89 (2):296-332.
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