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Are there any rules?

Abstract:

Widespread, deep controversy as to the content of the law of a community is compatible with the view that the law is a system of rules. I defend that view through a critique of Ronald Dworkin's discussion of Riggs v. Palmer 22 N.E. 188 (1889). Dworkin raised an important challenge for jurisprudence: to account for the fact that legal rights and duties are frequently controversial. I offer an explanation of the possibility of deep disagreement about the application of social rules, which recon...

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Publication status:
Published
Peer review status:
Peer reviewed
Version:
Accepted Manuscript

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Publisher copy:
10.1023/A:1012703223987

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Institution:
University of Oxford
Oxford college:
Balliol College
Department:
Social Sciences Division - Faculty of Law
Role:
Author
Publisher:
Kluwer Academic Publishers
Journal:
Journal of ethics Journal website
Volume:
5
Issue:
3
Pages:
199-219
Publication date:
2001-09-05
DOI:
EISSN:
1572-8609
ISSN:
1382-4554
URN:
uuid:1edc7fcd-2f18-4a02-b180-6eb316859f57
Local pid:
ora:2229

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