Results for 'Legality'

295+ found
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  1. Nancy E. Snow.Should Drugs be Legal - 1994 - In Robert Paul Churchill, The Ethics of liberal democracy: morality and democracy in theory and practice. Providence, R.I., USA: Berg.
     
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  2. Kathyrn Lindeman, Saint Louis University.Legal Metanormativity : Lessons For & From Constitutivist Accounts in the Philosophy Of Law - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott, Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press.
     
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  3. David Copp, University of California, Davis.Legal Teleology : A. Naturalist Account of the Normativity Of Law - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott, Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press.
     
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  4. Emilie Cloatre and David Cowan. Legalities & Materialities - 2018 - In Andreas Philippopoulos-Mihalopoulos, Routledge Handbook of Law and Theory. New York, NY: Routledge.
     
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  5. Living with the animals: animal or robotic companions for the elderly in smart homes?Dirk Preuß & Friederike Legal - 2017 - Journal of Medical Ethics 43 (6):407-410.
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  6.  86
    History of Econometric Ideas, Mary Morgan. Cambridge: Cambridge University Press, 1990, xxx + 296 pages. [REVIEW]Philippe Legall & Claude Ménard - 1992 - Economics and Philosophy 8 (2):286-290.
  7. The Legality of Law.John Gardner - 2004 - Ratio Juris 17 (2):168-181.
    In this paper I outline various different objects of investigation that may be picked out by word “law” (or its cognates). All of these objects must be investigated in an integrated way before one can provide a complete philosophical explanation of the nature of law. I begin with the distinction between laws (artefacts) and law (the genre to which the artefacts belong). This leads me to the distinction between the law (of a particular legal system) and law (the genre of (...)
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  8. Legality of Rule of Law with Chinese Characteristics: A Case of “Ultra-Sinoism”.Ammar Younas - 2020 - Russian Law Journal 8 (4):53-91.
    The legal progression in China is portrayed negatively by western scholars who often argue that the state institutions in China are subordinate to the control of Chinese Communist Party’s leadership which makes these institutions politically insignificant. We consider that the legal progression in China has an instrumental role in achieving “Harmonious Socialist Society.” The purpose of this thesis is to provide an analytical literature review of scholastic work to explain the legality of rule of law in China and to (...)
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  9.  47
    Legality's Borders: An Essay in General Jurisprudence.Keith Charles Culver - 2010 - New York, US: Oxford University Press. Edited by Michael Giudice.
    Imbalance in analytical legal theory's approach to prima facie legal phenomena : re-balancing after imbalance : an incremental addition to analytical legal theory -- Legal officials, the rule of recognition, and international law -- The hierarchical view of legal system and non-state legality -- Meta-theoretical-evaluative motivations -- An inter-institutional theory -- An inter-institutional account of non-state legality -- Pathologies of legality : novel technologies and their implications for conceptions of legality : the consequences of re-socializing a (...)
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  10. Legality Without the Rule of Law? Scott Shapiro on Wicked Legal Systems: Critical Notice: Legality by Scott Shapiro.David Dyzenhaus - 2012 - Canadian Journal of Law and Jurisprudence 25 (1):183-200.
    In Legality, Scott Shapiro – a leading legal positivist – analyses the problem of a wicked legal system in a way that brings him close to natural law positions. For he argues that a wicked legal system is botched as a legal system and I show that such an argument entails a prior argument that there is some set of standards or criteria internal to law which are both moral and legal. As a result, the more successful a legal (...)
     
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  11. Chris Butler.Spatial Abstraction, Legal Violence & the Promise Of Appropriation - 2018 - In Andreas Philippopoulos-Mihalopoulos, Routledge Handbook of Law and Theory. New York, NY: Routledge.
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  12. Just a Minute.Act Emergency Legal Assistance - forthcoming - Ethos: Journal of the Society for Psychological Anthropology.
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  13.  67
    Law Society Seminars/Events.Continuing Legal Education - forthcoming - Ethos: Journal of the Society for Psychological Anthropology.
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  14. Animals should be entitled to rights.Animal Legal Defense Fund - 2006 - In William Dudley, Animal rights. Detroit, [Mich.]: Thomson Gale.
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  15. Kevin Toh, University College London.Legal Philosophy À la Carte - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott, Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press.
     
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  16. David Plunkett, Dartmouth College.Robust Normativity, Morality & Legal Positivism - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott, Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press.
     
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  17. Wj Waluchow.What Legal Positivism lsn’T. - 1998 - Cogito 12 (2):109-115.
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  18. Illan Rua Wall.Turbulent Legality : Sovereignty, Security & The Police - 2018 - In Andreas Philippopoulos-Mihalopoulos, Routledge Handbook of Law and Theory. New York, NY: Routledge.
     
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  19. Luís Duarte d'Almeida, University of Edinburgh.on the Legal Syllogism - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott, Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press.
     
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  20. On moral arguments against.A. Legal Right To Unilateral - 2006 - Public Affairs Quarterly 20 (2):115.
     
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  21.  45
    Legality and the Legal Relation.Alexander Somek - 2020 - Ratio Juris 33 (3):307-316.
    According to Immanuel Kant, legality means the quality of an action being merely and simply in conformity with a law. The article defends the significance of this notion and explains how it indicates the existence of a legal relation. The legal relation, in turn, is the result of resolving an antinomy between the social and the substantive dimension of moral judgment.
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  22.  9
    Provisional Legality and the Right to Flourish: Conditional Belonging for “Aliens”.Layla Yarezi Mayorga Gonzalez - 2026 - Contemporary Pragmatism 23 (2):161-191.
    This article examines how the U.S. standard of Good Moral Character (GMC) and the treatment of Dreamers under DACA generate a contradiction of moral recognition. I argue that GMC is assessed through conduct, compliance, and civic participation—criteria Dreamers already meet—nevertheless the state withholds this recognition. Drawing on Aristotle, I show that eudaimonia requires participation in the polis, and that denying Dreamers legal stability while relying on their ergon undermines this ethical condition. Drawing on John Dewey, I argue that democratic institutions (...)
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  23.  95
    Legality and Legitimacy.Alexander P. D'Entréves - 1963 - Review of Metaphysics 16 (4):687-702.
    We all know of course more or less what the answer of the historian would be if we turned to him alone for enlightenment. He would, to be sure, begin by pointing out that throughout Western history the two notions of legality and legitimacy have played an important part in political thought, providing as it were two of its most solid pillars. Without reaching as far back as the Greeks, the historian would probably recall to our attention the distinction, (...)
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  24. The legality of operation Iraqi freedom under international law.Michael N. Schmitt * - 2004 - Journal of Military Ethics 3 (2):82-104.
    This article evaluates the legality of Operation Iraqi Freedom, the March 2003 attack on Iraq. The author rejects assertions that Security Council Resolution 1441 (2002), standing alone, contained a mandate to employ force; on the contrary, the Resolution was only adopted on the understanding that it did not. The law of self-defense, including its ?preemptive? variant, similarly provided no legal basis for the action because the degree of Iraqi support to terrorism was insufficient and the threat of use of (...)
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  25.  51
    Formal Legality for Nudges.Rebecca Zeilstra - 2025 - Ratio Juris 38 (1):45-62.
    Nudges are small psychological prompts that steer behavior in a noncoercive way. For example, low‐calorie products can be placed at eye level to encourage people to eat healthier. This article argues that governmental nudges are in tension with Fuller's formal legality principle, according to which regulation should meet requirements such as generality and promulgation. Moreover, it shows that this tension can be solved by taking two steps. The first consists in revising the principle of legality in light of (...)
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  26.  56
    Petrified Legality, Percolating Sovereignty.Lucy Finchett-Maddock - 2025 - Angelaki 30 (1):121-145.
    This piece begins with the author’s epiphanic experience with a glacier, Perito Moreno, Southern Patagonia, and follows a journey of fascination for the edifying power and majesty of ice, as not just a metaphorical demonstration of the laws of thermodynamics, but argued as the clearest presentation of the material processes of legality itself. Most lucid when understood as a border phenomenon and a form of edgework within international law, where water meets land, and melting ice reveals the unravelling of (...)
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  27.  66
    Insurgent legality: Luiz Gama’s plebeian republicanism between law and prefiguration.Niklas Plaetzer - 2025 - Contemporary Political Theory 24 (3):428-447.
    This article reads the work of Luiz Gama (1830-1882), the Brazilian abolitionist, former slave, and self-taught lawyer, as both theorizing and enacting a politics of institutional prefiguration. Against oligarchic domination by slave-owning elites and the monarchical rule of the Brazilian Emperor, Gama defended a radical republican vision of the law: the ‘right of revolution’ (direito de revolução), which he saw as already being practiced in acts of resistance. Repurposing the legal pluralism of Friedrich Carl von Savigny for emancipatory politics, Gama’s (...)
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  28.  92
    The Legality of Self‐Constitution.Christoph Hanisch - 2015 - Ratio Juris 28 (4):452-469.
    An influential strand in recent action-theory employs constitutivist arguments in order to present accounts of individual agency and practical identity. I argue for an extension of this framework into the interpersonal realm, and suggest using it to reassess issues in jurisprudence. A legal system is an instantiation of the solution to the inescapable tasks of self-constituting action and identity-formation in the presence of other agents. Law's validity and normativity can be enlightened when the constitutivist approach considers the external prerequisites of (...)
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  29.  33
    The Long Arc of Legality: Hobbes, Kelsen, Hart.David Dyzenhaus - 2021 - Cambridge University Press.
    The Long Arc of Legality breaks the current deadlock in philosophy of law between legal positivism and natural law by showing that any understanding of law as a matter of authority must account for the interaction of enacted law with fundamental principles of legality. This interaction conditions law's content so that officials have the moral resources to answer the legal subject's question, 'But, how can that be law for me?' David Dyzenhaus brings Thomas Hobbes and Hans Kelsen into (...)
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  30. The legality of interrogational torture: A question of proper authorization or a substantive moral issue.Mordechai Kremnitzer & Re'em Segev - 2000 - Israel Law Review 34 (2):509-559.
    The article explores the Israeli Supreme Court main judgment regarding the legality of the use of special interrogation methods in order extract information concerning future acts of terror. The Judgment's main conclusion was that while there might be a justification for using exceptional interrogation measures in order to save lives, based on the concept of lesser evil as embedded in the criminal defense of necessity, the government is nevertheless not authorized to use such means in the absence of explicit (...)
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  31. Legality and Legitimacy: Carl Schmitt, Hans Kelsen, and Hermann Heller in Weimar.David Dyzenhaus - 1999 - Oxford University Press UK.
    This book investigates one of the oldest questions of legal philosophy---the relationship between law and legitimacy. It analyses the legal theories of three eminent public lawyers of the Weimar era, Carl Schmitt, Hans Kelsen, and Hermann Heller. Their theories addressed the problems of legal and political order in a crisis-ridden modern society and so they remain highly relevant to contemporary debates about legal order in the age of pluralism. Schmitt, the philosopher of German fascism, has recently received much attention. Kelsen (...)
     
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  32.  23
    Liberal Legality : A Unified Theory of Our Law.Lewis D. Sargentich - 2018 - New York, NY, USA: Cambridge University Press.
    In his new book, Lewis D. Sargentich shows how two different kinds of legal argument - rule-based reasoning and reasoning based on principles and policies - share a surprising kinship and serve the same aspiration. He starts with the study of the rule of law in life, a condition of law that serves liberty - here called liberal legality. In pursuit of liberal legality, courts work to uphold people's legal entitlements and to confer evenhanded legal justice. Judges try (...)
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  33. Legality policies and theories of legality: From bananas to radbruch's formula.Giovanni Sartor - 2009 - Ratio Juris 22 (2):218-243.
    Abstract. In this paper I shall take an inferential approach to legality (legal validity), and consider how the legality of a norm can be inferred, and what can be inferred from it. In particular, I shall analyse legality policies, namely, conditionals conferring the quality of legality upon norms having certain properties, and I shall examine to what extent such conditionals need to be positivistic, so that legality is only dependant on social facts. Finally, I shall (...)
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  34.  82
    Legality and rationality: A comment on Scott Shapiro's Legality.Emily Sherwin - 2013 - Legal Theory 19 (4):403-421.
    One key premise in Shapiro's book Legality is that rationality requires those who have accepted the master plan for a system of law to obey the system's rules. In this paper, I question this premise, arguing instead that although it may be rational for agents to commit to follow the system's rule in all (or most) cases to which they apply, it is not rational for agents to follow the rules in fact when the rules appear to require the (...)
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  35.  28
    EcoLaw: legality, life, and the normativity of nature.Margaret Davies - 2022 - New York, NY: Routledge.
    This book re-imagines law as ecolaw. The key insight of ecological thinking, that everything is connected to everything else - at least on the earth, and possibly in the cosmos - has become a truism of contemporary theory. Taking this insight as a starting point for understanding law involves suspending theoretical certainties and boundaries. It involves suspending theory itself as a conceptual project and practicing it as an embodied and material project. Although an ecological imagining of law can be metaphorical, (...)
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  36. Border crossings by immigrants: Legality, illegality, and alegality.Hans Lindahl - 2008 - Res Publica 14 (2):117-135.
    What happens to the concept of security if legal disorder manifests itself not only as illegal behavior but also as alegal behavior—acts that challenge the very distinction between legality and illegality, as drawn by a political community? Focusing on European immigration policy, this paper examines how the distinction between illegal and alegal acts critically illuminates the relation between collective (in)security and the concept of legal (dis)order. It concludes by arguing that this distinction sheds new light on the systematic relation—and (...)
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  37. (Relative) Authority and Inter-legality.Gürkan Çapar - 2022 - Rivista di Filosofia Del Diritto 11 (1):43-58.
    The question of how to legitimize authority is generally addressed with reference to Raz’s service conception of authority. Yet, his functional explanation does not concern itself with how authoritative institutions are empowered at the outset. Even though Raz’s monistic account of authority is coupled with input legitimacy and pluralized with Waldron’s analysis of the inter-institutional allocation of authority, it does not assist us in inter-legal situations. As inter-legality is a theory oriented towards finding legitimate ways of legal intersection, this (...)
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  38.  65
    Legality and Commitment.Felipe Jiménez - 2025 - Journal of Ethics and Social Philosophy 29 (3):394-439.
    Many philosophers believe there is no general, content-independent duty to obey the law. Yet at least some (and perhaps many) citizens and officials believe law makes a real difference—independently of its content and of prudential considerations—regarding what they should do. This paper offers an argument that vindicates the latter belief, even if skeptics are right in thinking that law cannot generate a general duty to obey. Under this argument, whether law makes a real practical difference, independently of its content and (...)
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  39.  51
    Transition, Trust and Partial Legality: On Colleen Murphy’s A Moral Theory of Political Reconciliation.Cindy Holder - 2016 - Criminal Law and Philosophy 10 (1):153-164.
    In A Moral Theory of Political Reconciliation Colleen Murphy develops a rich and potentially transformative account of political reconciliation. The potential of this account is not fully realized because of limitations in how Murphy conceptualizes political relationships. For example, group-differentiated integration into states opens up important questions about partial legality and group-differentiated experiences of repression that Murphy does not address. Murphy’s framework is well-suited to take up these questions, once they are acknowledged. But doing so requires a revised understanding (...)
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  40.  39
    The politics of legality in a neoliberal age.Ben Golder & Daniel McLoughlin (eds.) - 2017 - New York, NY: Routledge.
    This volume addresses the relationship between law and neoliberalism. Assembling work from established and emerging legal scholars, political theorists, philosophers, historians and sociologists from around the world, including the Americas, Australia, Europe and the United Kingdom, it addresses the conceptual, legal, and political relationships between liberal legality and neoliberal economics. More specifically, the book analyses the role that legality plays in the dominant economic force of our time: offering both a legal corrective to scholarship in economics and political (...)
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  41.  37
    The power of legality: practices of international law and their politics.Nikolas Rajkovic, Tanja E. Aalberts & Thomas Gammeltoft-Hansen (eds.) - 2016 - Cambridge, United Kingdom : New York, NY, USA: Cambridge University Press.
    Legality, interdisciplinarity and the study of practice -- Re-thinkinking interdisciplinarity by re-reading hume -- Tainted love : the struggle over legality in international relations and international law -- The power of legality, legitimacy and the (im)possibility of interdisciplinary research -- Moving while standing still : law, politics and hard cases -- International law, Kelsen and the aberrant revolution : excavating the politics and practices of revolutionary legality in Rhodesia and beyond -- Juris dicere : custom as (...)
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  42. Revolution or legality? Confronting the spectre of Marx in Habermas’s legal philosophy.Igor Shoikhedbrod - 2021 - Contemporary Political Theory 20 (1):72-95.
    As early as 1962, Jürgen Habermas was convinced that Karl Marx’s theoretical attempt to ‘turn Hegel the right side up’ had resulted in a one-sided embrace of revolution and a perilous rejection of legality and rights. Habermas would restate these remarks thirty years later in Between Facts and Norms, noting that the collapse of state socialism, with its characteristic disdain for legality and rights, culminated in the discrediting of revolutionary Marxism. This article revisits Habermas’s theoretical dichotomy between revolution (...)
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  43. Evaluating the Legality of Age-Based Criteria in Health Care: From Nondiscrimination and Discretion to Distributive Justice.Govind Persad - 2019 - Boston College Law Review 60 (3):889-949.
    Recent disputes over whether older people should pay more for health insurance, or receive lower priority for transplantable organs, highlight broader disagreements regarding the legality of using age-based criteria in health care. These debates will likely intensify given the changing age structure of the American population and the turmoil surrounding the financing of American health care. This Article provides a comprehensive examination of the legality and normative desirability of age-based criteria. I defend a distributive justice approach to age-based (...)
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  44.  42
    Legality, Legitimacy, and Legislation: The Role of Exceptional Circumstances in Common Law Judicial Review.Hayley J. Hooper - 2021 - Oxford Journal of Legal Studies 41 (1):142-168.
    Preventing the overconcentration of power is a central component of Western constitutional thought. However, in the British constitution power is generally concentrated in representative legislatures. Although these legislatures generally possess legitimating characteristics that courts lack, we cannot assume that this balance will hold true for all time. This article argues that the common law judicial review jurisdiction contains a power to invalidate the Acts of representative legislatures in certain extreme, hypothetical situations. The seeds of this line of thought began with (...)
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  45. Legality.Gideon Yaffe - 2012 - Philosophical Review 121 (3):457-460.
  46. Two rules of legality in criminal law.Peter Westen - 2006 - Law and Philosophy 26 (3):229-305.
    Criminal law scholars approach legality in various ways. Some scholars eschew over-arching principles and proceed directly to one or more distinct “rules”: (1) the rule against retroactive criminalization; (2) the rule that criminal statutes be construed narrowly; (3) the rule against the judicial creation of common-law offenses; and (4) the rule that vague criminal statutes are void. Other scholars seek a single principle, i.e., the “principle of legality,” that they claim underlies the four rules. In contrast, I believe (...)
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  47. Education for Professional Responsibility in the Law School.Robert J. National Council on Legal Clinics & Levy - 1962 - National Council on Legal Clinics, American Bar Center.
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  48.  68
    Unjust Legality: A Critique of Habermas's Philosophy of Law.James L. Marsh (ed.) - 2001 - Rowman & Littlefield Publishers.
    This book is an interpretation and critique of Habermas's philosophy as contained in his book, Between Facts and Norms. The main argument is that while Habermas does succeed in laying out foundations, conceptual and methodological, for the philosophy of law, the book is flawed by a fundamental contradiction between a democracy ruled by law and capitalism.
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  49.  27
    The Challenge of Inter-Legality.Jan Klabbers & Gianluigi Palombella (eds.) - 2019 - Cambridge University Press.
    The sovereignty of states to enact and enforce laws within their jurisdictions has been recognized since the Treaty of Westphalia in 1648. There are now, however, accepted global legal norms that transcend national sovereignty and hold states accountable for not including their domestic legal regimes. This volume is the first book-length treatment to describe and explain how legal orders can be interwoven, and what to do about it. Coining the term 'inter-legality', this volume provides essays on the history, primary (...)
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  50. Unjust Legality: A Critique of Habermas's Philosophy of Law.Thomas McCarthy - 2003 - Mind 112 (448):762-765.
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