American Journal of Jurisprudence最新文献_第6页

The Internal Limits on Fiduciary Loyalty 信托忠诚的内在限制

American Journal of Jurisprudence Pub Date : 2020-05-14 DOI: 10.1093/ajj/auaa003

Andrew S. Gold

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引用次数: 3

Choosing Axioms of Correlativity 选择相关公理

American Journal of Jurisprudence Pub Date : 2019-12-01 DOI: 10.1093/ajj/auz010

A. Halpin

引用次数: 2

Replying to Halpin and Kramer: Agreements, Disagreements and No-Agreements 回复Halpin和Kramer:协议，分歧和无协议

American Journal of Jurisprudence Pub Date : 2019-12-01 DOI: 10.1093/ajj/auz012

Heidi M. Hurd, M. Moore

引用次数: 1

Legal Validity: The Fabric of Justice Maris Köpcke Hart Publishing, 2019 Reviewed by Christoph Kletzer 法律效力：司法结构Maris Köpcke-Hart出版，2019，Christoph Kletzer审核

American Journal of Jurisprudence Pub Date : 2019-12-01 DOI: 10.1093/ajj/auz013

C. Kletzer

引用次数: 0

The Real Standard Picture, and How Facts Make It Law: a Response to Mark Greenberg 真实的标准画面，以及事实如何使其成为法律——对马克·格林伯格的回应

American Journal of Jurisprudence Pub Date : 2019-10-22 DOI: 10.1093/AJJ/AUZ011

J. Goldsworthy

{"title":"The Real Standard Picture, and How Facts Make It Law: a Response to Mark Greenberg","authors":"J. Goldsworthy","doi":"10.1093/AJJ/AUZ011","DOIUrl":"https://doi.org/10.1093/AJJ/AUZ011","url":null,"abstract":"\u0000 Mark Greenberg has attempted to refute what he regards as a popular metaphysical thesis about how law is constituted. He calls it the “Standard Picture,” and it includes a “Communication Theory.” His own “Moral Impact Theory” of law is built partly on that attempted refutation. I defend positions that are very close to the Standard Picture and Communication Theory, albeit different in important respects. In particular, they are not primarily metaphysical theses, although they have metaphysical implications. They are actual fundamental doctrines of constitutional law in Anglo-American legal systems, which I call Legislative Supremacy and Legislative Intention. I argue that: (a) these doctrines, and their metaphysical implications, vindicate much of the Standard Picture, and explain why so many theorists have been attracted to it; (b) the doctrines are inconsistent with Greenberg’s Moral Impact Theory; and (c) the best theory of what makes them part of the law is legal positivism: in other words, facts about legal practices make them law. In arguing for (a) and (b), I examine in detail and respond to Greenberg’s account of the legal principles and practice of statutory interpretation. I distinguish between three kinds of interpretation: clarifying, supplementing and rectifying. In arguing for (c), I contend that legal positivism satisfies Greenberg’s (questionable) insistence that any metaphysical account of what constitutes law must satisfy a “rationality requirement.”","PeriodicalId":39920,"journal":{"name":"American Journal of Jurisprudence","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/AJJ/AUZ011","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48319674","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

On No-Rights and No Rights 论无权利与无权利

American Journal of Jurisprudence Pub Date : 2019-09-24 DOI: 10.2139/SSRN.3373807

Matthew H Kramer

{"title":"On No-Rights and No Rights","authors":"Matthew H Kramer","doi":"10.2139/SSRN.3373807","DOIUrl":"https://doi.org/10.2139/SSRN.3373807","url":null,"abstract":"\u0000 As is well known to everyone familiar with the analytical table of legal relationships propounded by the American jurist Wesley Hohfeld, one of the eight positions in the table is that of the no-right. In most discussions of Hohfeld’s overall framework, no-rights have received rather little attention. Doubtless, one reason for the relative dearth of scrutiny is that Hohfeld devised a hyphenated neologism to designate no-rights. Each of the other positions in the Hohfeldian table is designated by a term with a solid grounding in everyday discourse and juristic discourse, whereas the hyphenated term “no-right”—in contrast with the unhyphenated phrase “no right”—does not have any comparable grounding either in ordinary discourse or in juristic discourse. That neologism is almost never employed by anyone outside the confines of discussions of Hohfeld’s categories, and it is often not employed even within those confines. Notwithstanding the enormous amount of philosophical and juristic attention bestowed on Hohfeld’s analytical framework since its elaboration in the second decade of the twentieth century, the term “no-right” has found little favor in philosophical or juristic circles. Moreover, on the rather rare occasions when the term is used rather than merely mentioned, it is almost always misused. The exploration of the correct use of that term in the first half of this paper may seem rather fussy, but the importance of that exploration for a satisfactory understanding of legal and moral relationships will become apparent in the second half of the paper. While endeavoring to vindicate the term “no-right” as a fully apposite element in the vocabulary of legal philosophy, this paper will also be replying to a recent article by Heidi Hurd and Michael Moore in this journal.","PeriodicalId":39920,"journal":{"name":"American Journal of Jurisprudence","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.3373807","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46648322","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

The Legislative Assembly and Representative Deliberation 立法会议与代表审议

American Journal of Jurisprudence Pub Date : 2019-06-01 DOI: 10.1093/AJJ/AUZ004

Chiara Valentini

引用次数: 3

Ekins’s Moral Assumptions and Their Impact on the Analysis of Legislation 埃金斯的道德假设及其对立法分析的影响

American Journal of Jurisprudence Pub Date : 2019-06-01 DOI: 10.1093/AJJ/AUZ006

F. Ferraro, A. Zambon

引用次数: 1

Ekins on Groups and Procedures Ekins关于分组和程序

American Journal of Jurisprudence Pub Date : 2019-06-01 DOI: 10.1093/AJJ/AUZ002

C. Roversi, Alessio Sardo

引用次数: 1

Pragmatic Aspects of Legislative Intent 立法意图的语用层面

American Journal of Jurisprudence Pub Date : 2019-06-01 DOI: 10.1093/AJJ/AUZ003

D. Canale, F. Poggi

引用次数: 4