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Jurisprudence
Article
Data sources: UnpayWall
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Jurisprudence
Article . 2018 . Peer-reviewed
Data sources: Crossref
https://doi.org/10.31228/osf.i...
Article . 2018 . Peer-reviewed
Data sources: Crossref
Open Science Framework
Preprint . 2018
Data sources: Datacite
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What’s left of general jurisprudence? On law’s ontology and content

Authors: Andrei Marmor; Cornell Law Library;

What’s left of general jurisprudence? On law’s ontology and content

Abstract

The aim of this paper is to show that general jurisprudence is in no need of reinvention. The sentiment shared by many contemporary legal philosophers that theories about the nature of law have reached a dead end is challenged here by showing that the debates about the ontology of law and about the determinants of legal contents leave many interesting questions open for serious debate. The paper argues that traditional legal positivism is best seen as a theory about the ontological grounding of legal facts, and that a reductive account of this grounding can be provided with a more sophisticated account of the artifact nature of law, aided by some ideas derived from fictionalism. The paper also acknowledges that such a reductive ontology of law faces serious challenges, particularly from the view point of theories about determinants of legal contents. By explaining these challenges and pointing out how they may be met, the paper aims to show that some the age old debates about the nature or law are very much alive and worthy of serious philosophical inquiry

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Keywords

Jurisprudence, LawArXiv|Law|Other Law, FOS: Law, LawArXiv|Law, bepress|Law|Jurisprudence, bepress|Law, LawArXiv|Law|Jurisprudence, Other Law, bepress|Law|Other Law, Law

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    19
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    Top 10%
    influence
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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!
19
Top 10%
Top 10%
Average
bronze
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