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Publikationer från Stockholms universitet
Part of book or chapter of book . 2025 . Peer-reviewed
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SSRN Electronic Journal
Article . 2023 . Peer-reviewed
Data sources: Crossref
https://doi.org/10.4337/978180...
Part of book or chapter of book . 2025 . Peer-reviewed
Data sources: Crossref
ResearchGate Data
Preprint . 2023
Data sources: Datacite
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Legal Argumentation and the Nature of Law

Authors: Torben Spaak;

Legal Argumentation and the Nature of Law

Abstract

This chapter focuses on whether any of four carefully selected contemporary theories of law—Michael Moore's theory, Joseph Raz's theory, Robert Alexy's theory, and Alf Ross's theory—have interesting implications for legal argumentation. I argue (1) that Moore's and Alexy's theories of law have interesting implications for the interpretation and application of the law; (2) that Raz's thesis has interesting implications both for the interpretation and application of the law and for legal argumentation more broadly conceived, namely, for the legitimacy of judicial decision-making; (3) that Ross's theory, interesting though it is, lacks interesting implications for legal argumentation more broadly conceived and thus for the interpretation and application of the law, too; and (4) that claims (1)–(3) suggest that other theories of law, too, may have interesting implications for legal argumentation.

Country
Sweden
Related Organizations
Keywords

Annan rättsvetenskaplig forskning, Nature of law, Joseph Raz, Michael S Moore, Other Legal Research, Robert Alexy, Alf Ross, Legal argumentation

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Fields of Science
Fields of Science
Related to Research communities